Inhaltsverzeichnis

Concept and Implementation of CFC Legislation
Inhaltsverzeichnis
Series Editor’s Preface
Preface
List of Authors
List of Abbreviations
CFC rules in general
- Historical background to CFC-rules and policy considerations
- Different Approaches to the application of CFC rules
CFC criteria in genera
CFC rules and EU law
- CFC definition under the Anti-Tax Avoidance Directive (covered entities, control test, low taxation)
- Taxable income under option 7(2)(a) of the Anti-Tax Avoidance Directive
  - 1. Introduction
    - 1.1. Topic
    - 1.2. Specific purpose and scope
    - 1.3. Approach and research method
    - 1.4. Outline of the thesis
  - 2. CFC taxable income under ATAD
    - 2.1. The definition of taxable income
    - 2.2. Taxable income and CFC rationale
  - 3. The boundaries to the concept of income
    - 3.1. Two flexible options
    - 3.2. The background to the categorical approach
    - 3.3. Pros and cons of the categorical approach
  - 4. The categorical approach: a legal classification
    - 4.1. Article 8(2)(a) in the “presidency compromise”
    - 4.2. Article 7(2)(a): the final version
    - 4.3. Dividends
    - 4.4. Income from the disposal of shares
    - 4.5. Interest or any other income generated by financial assets
    - 4.6. Income from insurance, banking, and other financial activities
    - 4.7. Income from financial leasing
    - 4.8. Royalties or any other income generated from an intellectual property
    - 4.9. Income from invoicing companies that earn sales and services income from goods and services purchased from “and” sold to associated enterprises “and” add no or little economic value
    - 4.10. Deductions and treatment of losses
    - 4.11. Conclusions
  - 5. The EU Primary Law and the “substance carve-out” rule
    - 5.1. Pursuing compliance with the fundamental freedoms
    - 5.2. Third Countries
    - 5.3. The Burden of proof
  - 6. Final considerations
- Taxable income under Article 7(2)(b) of the EU Anti-Tax Avoidance Directive
- Computation and Attribution of CFC income under ATAD
- Exceptions from the application of the CFC rules under article 7(3) and (4) of the ATAD
- CFC rules of the ATAD in light of the EU fundamental freedoms
CFC selected issues

Bravo/Miladinovic (Eds)

Concept and Implementation of CFC Legislation

1. Aufl. 2021

ISBN: 978-3-7073-4405-9

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Concept and Implementation of CFC Legislation (1. Auflage)

S. 2321. Introduction

1.1. Topic

The objective of this thesis is to define the concept of taxable income for the purposes of the CFC regime. The ATAD Directive devises, among others, a specific methodology aiming to identify the taxable income of a CFC (entity or PE). This methodology is based on the classification of predefined types of income and is therefore called the “categorical approach”. The purpose of the thesis is also to explore whether the specific classification of income contemplated by the categorical approach is consistent with the aims of the directive. Each individual class of income may, in fact, be defined and taxed differently in each Member State, thus giving rise to tax planning phenomena. Consequently, the classification of CFC taxable income is a very critical issue for taxpayers, tax authorities, and tax advisors.

1.2. Specific purpose and scope

This thesis attempts to provide an answer to the following research questions:

(i)

What is the purpose of Article 7(2)(a)?

(ii)

Is the categorical approach efficient to reach ATAD goals?

(iii)

Is it coherent with the effect of reattributing the income of a low-taxed CFC to its parent company that becomes taxable in the state where it is resid...

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Concept and Implementation of CFC Legislation

S. 2321. Introduction

1.1. Topic

1.2. Specific purpose and scope

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