Beneficial Ownership in Tax Law and Tax Treaties

(Hardback)

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Description

This book explores the concept of beneficial ownership in equity law, the domestic tax laws of the United Kingdom, Canada and the United States, as well as its varied and increasing uses in international tax law. By analysing the evolution of beneficiary rights in equity and the use of beneficial ownership wording in tax law, the book draws a roadmap for dealing with beneficial ownership in both national and international tax law. This approach highlights those common misconceptions that can be avoided by understanding the origins of the concept and its engagement with equity, as well as the differences with tax law. However, the book does not limit itself to dealing with theoretical discussion, but also offers an instructive and detailed practical case study. Offering both academic commentary and a practitioner focus, the book will be of the utmost interest to scholars and practitioners from common and civil law countries dealing with tax and estate law, particularly given beneficial ownerships increasing relevance.

Reviews

The analysis and comment are a very useful aid, particularly in the context of double taxation relief claims. -- Stephen Arthur TEP, Temple Tax Chambers * STEP Journal *
This book, which is based on sound historical research, brings a fresh and up-to-date perspective on the definition of the term [beneficial owner] for tax treaty matters This book is an obligatory read for anyone who wants to improve their understanding of the evolution of the term and its purpose even prior to its inclusion on the OECD Model Tax Convention. -- Fernando Souza de Man, Maastricht University * Intertax *
From the foreword: We in the United Kingdom think we know what beneficial ownership means, although the author is right in saying that we cannot explain it, and we think we know what it must have been intended to mean in tax treaties, but it required Pablo Hernndez from Spain to make us see all the contradictions that are involved and make sense of them by including interesting civil law comparisons. -- Dr John Avery Jones CBE

Author Bio

Pablo A Hernndez Gonzlez-Barreda is lecturer in law at the Universidad Pontificia Comillas, Spain.