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Credit Method Compatibility and Constraints under EU Law: An Analysis of the Case Law of the CJEU


ISBN13: 9789403523637
Published: January 2022
Publisher: Kluwer Law International
Country of Publication: Netherlands
Format: Hardback
Price: £139.00



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Credit Method Compatibility and Constraints under EU Law is the pioneer in-depth analysis of the European Union (EU) law limitations on devising the credit method sketching the EU law frontiers within which the Member States must operate when they put this method of tax relief into practice. As EU Member States seek to counteract base erosion and profit shifting (BEPS) practices while dodging new hurdles to the EU’s internal market such as double taxation, the credit method, also called foreign tax credit, is one of the vital tools in this balancing act, yet it has engendered several EU law challenges and queries.

What’s in this book:

For the first time, the Court of Justice of the European Union (CJEU) cases that may affect, directly or indirectly, the credit method and its main components are systematically identified and analysed to extract the legal findings and principles that define the contours within which the Member States can manoeuvre when considering EU-compatible approaches to the credit method. To this end, inter alia, this book offers:

  • an extensive study of the historical legal developments of the credit method an overview of the key design features of the credit method, considering the optional, variable components, such as the credit limitation (maximum creditable amount), that tailor it to different legal and policy considerations
  • an analysis of the legal constraints on the key features of the credit method flowing from CJEU case law on the fundamental freedoms, considering the impact of landmark cases and concepts (e.g., Schumacker, neutralization)
  • the EU law implications based on the type of credit method (direct, indirect, imputation) and the feature of the credit method (e.g., credit limitation, credit carryforward), and
  • examples to clearly and concisely illustrate the basic operation of the credit method and some of the main calculation and EU law issues

The book is cored on the author’s doctoral thesis which was awarded the Wolfgang Gassner Science Prize 2020 and the European Doctoral Tax Thesis Award 2020.

How this will help you:

This book, a timely, exhaustive and pragmatic study of the relationship between the credit method and EU law, will be highly appreciated by lawyers and other professionals working with taxation matters, as well as by tax policymakers and academics in the fields of international and European tax law.

Subjects:
EU Law, Taxation
Contents:
List of Examples
List of Abbreviations
Preface
Acknowledgements
CHAPTER 1. Introduction
CHAPTER 2. The Credit Method
CHAPTER 3. EU Law and Direct Taxes
CHAPTER 4. The Credit Method under EU Law
CHAPTER 5. Synthesis of Findings and Lessons for EU MSs
Table of Cases

Series: Series on International Taxation

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Kluwer Law International
£143.00
Taxation of Derivatives and Cryptoassets 2nd ed (eBook) ISBN 9789403524054
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Double Non-taxation and the Use of Hybrid Entities 2nd ed (eBook) ISBN 9789403546766
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Double Non-taxation and the Use of Hybrid Entities 2nd ed ISBN 9789403546667
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Tax Treaty Dispute Resolution: Lessons from the Law of the Sea (eBook) ISBN 9789403534176
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£81.00
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Tax Treaty Dispute Resolution: Lessons from the Law of the Sea ISBN 9789403534077
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£81.00
The Role of Tax Law in Mergers and Acquisitions: A Chinese Perspective ISBN 9789403537412
Published August 2022
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£96.00
The Role of Tax Law in Mergers and Acquisitions: A Chinese Perspective (eBook) ISBN 9789403537627
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£128.00
Coordination and Cooperation: Tax Policy in the 21st Century (eBook) ISBN 9789403537603
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Exploring the Nexus Doctrine In International Tax Law (eBook) ISBN 9789403533643
Published May 2021
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£75.00
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Published May 2021
Kluwer Law International
£79.00
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Published May 2021
Kluwer Law International
£79.00
Exploring the Nexus Doctrine In International Tax Law ISBN 9789403533636
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Kluwer Law International
£75.00
Permanent Establishment: Erosion of a Tax Treaty Principle 2nd ed (eBook) ISBN 9789403520643
Published July 2020
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£375.00
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Permanent Establishment: Erosion of a Tax Treaty Principle 2nd ed ISBN 9789403520612
Published July 2020
Kluwer Law International
£375.00
International Taxation of Banking ISBN 9789403510941
Published February 2020
Kluwer Law International
£168.00
International Taxation of Banking (eBook) ISBN 9789403510958
Published February 2020
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Tax Treaty Residence of Entities ISBN 9789403513010
Published November 2019
Kluwer Law International
£108.00
Hybrid Financial Instruments, Double Non-Taxation and Linking Rules ISBN 9789403510743
Published August 2019
Kluwer Law International
£130.00
Tax and the Digital Economy: Challenges and Proposals for Reform ISBN 9789403503615
Published May 2019
Kluwer Law International
£111.00
Taxation, Virtual Currency and Blockchain ISBN 9789403501031
Published December 2018
Kluwer Law International
£96.00
International Taxation of Energy Production and Distribution ISBN 9789041191014
Published May 2018
Kluwer Law International
£159.00
Out of print
£110.00
£110.00
Winning the Tax Wars: Tax Competition and Cooperation ISBN 9789041194602
Published December 2017
Kluwer Law International
£119.00
BRICS and International Tax Law ISBN 9789041194350
Published December 2017
Kluwer Law International
£149.00
Legal Interpretation of Tax Law 2nd ed ISBN 9789041184733
Published October 2017
Kluwer Law International
£149.00
Other Income under Tax Treaties ISBN 9789041166104
Published September 2015
Kluwer Law International
£241.00
General Anti - avoidance Rules for Major Developing Countries ISBN 9789041158390
Published October 2014
Kluwer Law International
£154.00
Proportionality and Fair Taxation ISBN 9789041158383
Published October 2014
Kluwer Law International
£167.00
Legal Interpretation of Tax Law ISBN 9789041149459
Published September 2014
Kluwer Law International
Out of print
Tax Reform in the 21st Century: A Volume in Memory of Richard Musgrave ISBN 9789041128294
Published July 2009
Kluwer Law International
£125.00
Interpretation Double Taxation Conventions: General Theory and Brazilian Perspective ISBN 9789041128225
Published February 2009
Kluwer Law International
£173.00
Sales Taxation ISBN 9789065443816
Published January 2002
Kluwer Law International
£212.00
Taxation of Foreign Direct Investment ISBN 9789041197412
Published August 1999
Kluwer Law International
£183.00
The Impact of State Sovereignty on Global Trade and International Taxation ISBN 9789041197030
Published May 1999
Kluwer Law International
£177.00
The Improper Use of Tax Treaties ISBN 9789041107374
Published June 1998
Kluwer Law International
£253.00
Multilateral Tax Treaties ISBN 9789041107046
Published June 1998
Kluwer Law International
£220.00
Taxing Corporate Profits in the EU ISBN 9789041107039
Published September 1997
Kluwer Law International
£279.00
Tax Treatment of Financial Instruments ISBN 9789065446664
Published June 1995
Kluwer Law International
£300.00
Issues in International Partnership ISBN 9789065445773
Published July 1993
Kluwer Law International
£233.00
Permanent Establishment: Erosion of a Tax Treaty Principle ISBN 9789065445940
Published October 1991
Kluwer Law International
Out of print
Tax Treaties and EC Law
ISBN 9789041106803
Published November 1990
Kluwer Law International
£295.00
International Juridical Double Taxation of Income ISBN 9789065444264
Published September 1989
Kluwer Law International
£281.00
Nondiscrimination in International Tax Law ISBN 9789065442666
Published July 1988
Kluwer Law International
£273.00
Tax Co-ordination in the European Community
ISBN 9789065442727
Published March 1987
Kluwer Law International
£388.00
International Studies in Taxation
ISBN 9789041196927
Published December 1968
Kluwer Law International
£253.00
Towards Corporate Tax Harmonization in the European Community
Adolfo J. Martin JimenezAssociate Professorr of Tax Law, University of Cadiz Law School, Jerez de la Frontera, Spain
ISBN 9789041196903
Published December 1968
Kluwer Law International
£296.00