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Zusatztext 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 Hernández from Spain to make us see all the contradictions that are involved and make sense of them by including interesting civil law comparisons. Informationen zum Autor Pablo A Hernández González-Barreda is Lecturer in law at the Universidad Pontificia Comillas, Spain. He has been visiting researcher at the Vienna University of Business and Economics, visiting scholar at the Harvard Law School and the Faculty of Law of Oxford University and visiting professor at the Université Catholique de Louvain, the University of International Business and Economics of Beijing and the Universidad Externado de Colombia. In 2013 he was awarded the Tax Executive Institute Award for the best contribution of a young scholar, and in 2016 he was awarded the Best Tax Thesis award by the Université Panthéon Sorbonne for his work on beneficial ownership in tax treaties.In-depth study of the concept of beneficial ownership looking at both the domestic tax and equity perspectives Zusammenfassung 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 ownership's increasing relevance. Inhaltsverzeichnis 1. Introduction2. Beneficial Ownership: From Conscience to Liberalism and Law I. The Historical Evolution of Beneficial Ownership and Relation to Other Concepts II. Beneficial Ownership Nowadays III. Beneficial Ownership and the Tension between Ownership as a Strong Right and Beneficiary Rights as aFlexible Matter 3. Beneficial Ownership in Tax Law I. Ability to Pay, Allocation of Income and Beneficial Ownership II. The Two Principles III. What is Beneficial Ownership in Tax Law of Common Law Countries? A Set of Allocation Principles and Rules Balancing Substantive Law Ownership as a Primary Right to Income and Control Claimable before Court, and the Duty to Pay Taxes and Prevention of Avoidance 4. From Domestic Tax Law to Tax Treaties: How Beneficial Ownership Jumped from US and UK Tax Treaty Policy into the Worldwide Tax Treaty Network I. US and UK Tax Treaty Policy Towards Intermediaries (1930–1977) II. Crossing the Atlantic: From US Tax Treaty Policy to the UK 5. Changing Skin in the OECD Model: What do Intermediaries in Continental Law and Common Law have in Common? I. The Wording and the 1977 OECD Original Meaning of the Terms II. Broadening the Rule: Is Beneficial Ownership a GAAR under the 2003 Commentary? III. Beneficial Ownership and Allocation of Income in Relation to Hybrid Vehicles IV. Clarifying What has Always been there: The 2014 Changes to the Commentary V. Beneficial Ownership and the Post-BEPS Era: New Rules and Conflicts between Beneficial Ownership and the PPT and LOB Tests VI. The 2019 United Nations Update Draft 6. Beneficial Ownership and EU Law I. Beneficial Own...
