《TAXATION OF BRANCHES AND SUBSIDIARIES IN WESTERNEUROPE CANADA AND THE USA》

1. Domestic legislation and tax treaties31

1. Branch and subsidiary31

2. The effect of tax treaties upon the tax-payer’s liability32

3. The OECD model convention and modern tax treaties35

4. The imputation system and tax treaties36

5. Corporate residence and the personal scope of tax treaties41

6. Corporate residence and domestic legislation41

7. Taxes on income: source and residence43

8. Taxation of foreign income of resident companies44

9. The effect of the imputation system on the taxation of foreign income46

10. Corporate residence and taxes on income and on net worth49

11. The treaty rules on dual residence50

12. Taxes covered by double taxation agreements51

13. Tax treaties and the taxation of business and investment income by the country of source53

14. The avoidance of international double taxation by the country of residence56

15. Multinational groups and allocation of profits59

2. Income taxation of branches and subsidiaries of non-resident companies65

16. The basic principles of the OECD model65

17. Permanent establishment vs…separate legal entity67

18. Dealing at arm’s length72

19. Non-discrimination and disparity in treatment82

3. Choice and patterns87

20. Commercial, legal, and tax considerations87

21. Base companies91

22. Tax cost of alternatives to share capital104

4. Company law and tax law107

23. Company and partnership107

24. Foreign companies118

25. Migration133

26. Residence134

5. Form and substance137

27. Civil law and English common law137

28. Trust and Treuhand139

29. Civil law countries142

30. Common law countries149

6. Double taxation: mitigation and avoidance155

31. Double taxation155

32. Corporate profit distributions156

33. Affiliation privilege156

34. Holding companies160

35. Consolidation162

36. Foreign branch business income165

7. The nine member states of the European Communities and the United States169

37. Taxation of companies and individual shareholders in the European Communities169

38. Belgium171

39. Denmark179

40. France180

41. Germany187

42. Ireland205

43. Italy206

44. Luxemburg207

45. The Netherlands210

46. United Kingdom211

47. United States213

8. Western Europe, Canada, and the USA221

48. Summary of significant taxes levied on business income222

49. Summary of significant taxes levied on net worth230

50. Withholding taxes on dividends paid by a resident company to a non-resident corporate shareholder234

51. Withholding taxes on interest paid by a resident company to a non-resident company240

52. Withholding taxes on royalties paid by a resident company to a non-resident company246

Table of Legislation251

Table of Treaties259

Table of Cases265

Bibliography269

Index274