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Classifying Entities and the Meaning of 'Tax Transparency': The UK Perspective

Classifying Entities and the Meaning of 'Tax Transparency': The UK Perspective

  • 作者:
  • 出版商: Kluwer Law International
  • ISBN: 9789403537245
  • 出版时间 January 2023
  • 规格: Hardback
  • 适应领域: U.K. ? 免责申明:
    Countri(es) stated herein are used as reference only

List Price: ¥1,218.30

¥1,181.75 Save ¥36.55 (3%)

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  • 描述 
  • 大纲 
  • 详细

    About this book:

    Classifying Entities and the Meaning of ‘Tax Transparency’ breaks new ground in explaining comprehensively the rules for classifying entities and the meaning of ‘tax transparency’ in UK tax law. Imposing UK tax on an entity or those linked to it involves understanding what kind of entity is being dealt with, especially when it is formed outside the UK. Is it a company, a partnership, a trust or something else? This often involves considering whether the entity is ‘tax transparent’ and, if so, what that means. The UK tax rules for classifying entities are notoriously vague, and there is no single UK meaning of ‘tax transparency’.

     

    What’s in this book:

    With an emphasis on UK tax law but with a strong international perspective, this book addresses in particular:

    • the meaning of a ‘partnership’ and a ‘trust’;
    • what is meant, and is not meant by ‘tax transparency’, across a range of taxes and situations;
    • how tax treaties have dealt with entity classification questions and related ‘transparency’ issues;
    • how entity classification questions are impacted by EU law; and
    • how the UK approach could be improved, policy-wise and practically, without facilitating tax avoidance.

     

    The book compares the UK entity classification approach with that of the US, the Netherlands and France. Appendices consider the unusual UK capital gains tax treatment of partnerships, as well as the special transparency rules which can apply where a partnership is a party to loans or derivative contracts, or owns intangible assets.

     

    How this will help you:

    Questions of entity classification and tax transparency are of fundamental importance in any mature tax system and especially in a globalised economy. This pragmatic book unlocks those questions for both academics and practitioners, both within and outside the UK.

  • About the Author

    Foreword

    Preface

    CHAPTER 1

    Introduction

    CHAPTER 2

    The Current UK Approach to Classifying Entities and Establishing Whether They Are ‘Transparent’

    CHAPTER 3

    The Law Following Anson

    CHAPTER 4

    Defining Trusts and Deciding When They Are ‘Transparent’ for UK Tax Purposes

    CHAPTER 5

    The Wider Concept of ‘Tax Transparency’ and Its Meaning in Other Areas of UK Tax Law

    CHAPTER 6

    The UK Classification of Entities and ‘Tax Transparency’ Issues in Relation to Double Tax Treaties and EU Law

    CHAPTER 7

    Entity Classification in the US and the Netherlands

    CHAPTER 8

    Conclusion

    APPENDIX A

    UK Capital Gains Tax ‘Transparency’ of Partnerships and Its Implications

    APPENDIX B

    UK Corporation Tax ‘Transparency’ where Partnerships hold Loan Relationships, Derivative Contracts or Intangible Fixed Assets

    Bibliography

    Table of Cases (UK, England and Wales Unless Stated Otherwise)

    Table of Statutory Provisions (UK Unless Stated Otherwise), EU Directives and Regulations, Tax Treaties and Related Documents

    Index

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