Tax Treaty Case Law around the Globe 2016
1. Aufl. 2017
Besitzen Sie diesen Inhalt bereits,
melden Sie sich an.
oder schalten Sie Ihr Produkt zur digitalen Nutzung frei.
S. 287Chapter 24 Bolivia: Treaty Shopping and Pacta Sunt Servanda
Alvaro Villegas Aldazosa
24.1. Introduction
In order to attract foreign direct investment, the Bolivian government launched an international bidding process in 1994 to increase the capital stock of public companies by adding major private shareholders.
The public tender regarding “EPC” was granted to Amoco Bolivia Petroleum Company, a related company of Amoco Netherlands Petroleum Company, which ultimately transferred its shares held in EPC in favour of a Swedish company, Amoco Bolivia Oil and Gas Aktiebolag. Both companies are part of the same group headquartered by Amoco Company, a US corporation established in Delaware as a wholly owned subsidiary of Amoco Corporation, a US corporation established in Indiana.
Amoco Corporation participated as guarantor of the tender by establishing a branch permanent establishment (PE) in Bolivia named Amoco Bolivia Petroleum Company Suc. Bolivia in February 1997.
During the period March 2002 and April 2003, EPC made dividend payments to Amoco Bolivia Oil and Gas Aktiebolag as the owner of more than 25 % of the capital.
The decision (Auto Supremo no. 311) was issued by the Supreme Court of Jus...