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From Kluwer Law International...


International
Taxation
2010
Includes 2008-2009




Order today by visiting
www.kluwerlaw.com
About us



Kluwer Law International is a publishing company dedicated solely to providing
international information to legal practitioners, corporate counsel and business executives.
We are a renowned publisher of books, journals and loose-leafs in areas of international
legal practice. With a list of 21 journals, 61 loose-leafs, and a growing number of online
products and more than 3000 books in print, Kluwer Law International aims to provide a
comprehensive information service to the international legal community.
We publish titles in the following areas:
I Banking/Finance/Insolvency Law
I Commercial Arbitration and Litigation
I Comparative Law
I Competition/Antitrust Law
I Corporate/Commercial Law
I Employment/Labor Law
I European Community Law
I Intellectual Property Law
I International Energy and Environmental Law
I International Law
I International Taxation
I International Trade Law
I Transportation Law

Please browse our website, www.kluwerlaw.com for information on all our books,
journals, loose-leafs and electronic products.
All of our journals and an increasing number of our loose-leaf publications can be
accessed online at www.kluwerlawonline.com. Take sometime to look around the
site and view a sample copy of the journal of your interest. Purchase of individual
articles or chapters is also possible.




                 Kluwer Law International is now part of Wolters Kluwer Law & Business.
                    We continue to provide the global legal community with reliable
                                international law information in English.




 2                                           www.kluwerlaw.com
New Titles



Procedural Rules in Tax Law in the Context     Guide to International Transfer Pricing
of European Union and Domestic Law             edited by Ceteris US, LLP
edited by Michael Lang, Pasquale Pistone,      September 2010, softcover, annual manual
Josef Schuch & Claus Staringer                 ISBN: 9789041131218
Forthcoming October 2010, hardbound            Price: EUR 260.00 / USD 350.00 / GBP 207.00
ISBN: 9789041133762
Approximate Price:                             Permanent Establishments. A Domestic
EUR 127.00 / USD 172.00 / GBP 102.00           Taxation, Bilateral Tax Treaty and OECD
                                               Perspective
Fiscal Sovereignty of the Member States in     edited by Ekkehart Reimer, Stefan Schmid &
an Internal Market: Past and Future            Nathalie Urban
edited by Sjaak Jansen                         August 2010, softcover, annual manual
Forthcoming October 2010, 352 pp., hardbound   ISBN: 9789041131232
ISBN: 9789041134035                            Price: EUR 260.00 / USD 350.00 / GBP 208.00
Approximate Price:
EUR 127.00 / USD 172.00 / GBP 102.00           The International Tax Law Concept of
                                               Dividend
Tax Amnesties                                  by Marjaana Helminen
edited by Jacques Malherbe                     July 2010, 304 pp., hardbound
Forthcoming October 2010, hardbound            ISBN: 9789041132062
ISBN: 9789041133649                            Price: EUR 130.00 / USD 176.00 / GBP 104.00
Approximate Price:                             Series on International Taxation 36
EUR 127.00 / USD 172.00 / GBP 102.00
                                               Transfer Pricing and the Arm's Length
                                               Principle in International Tax Law
Individuals' Income under Double Taxation
                                               by Jens Wittendorff
Conventions:
                                               August 2010, hardbound,
A Brazilian Approach
                                               ISBN: 9789041132703
by Daniel Bellan
                                               Price: EUR 160.00 / USD 216.00 / GBP 128.00
September 2010, 525 pp., hardbound
                                               Series on International Taxation 35
ISBN: 9789041132789
Approximate Price:
                                               European Direct Taxation: Case Law and
EUR 127.00 / USD 172.00 / GBP 102.00
                                               Regulations - 2nd Edition
                                               by Dennis Weber
                                               June 2010, 1632 pp., softcover,
                                               ISBN: 9789041133366
                                               Price: EUR 99.00 / USD 134.00 / GBP 79.00


                                  www.kluwerlaw.com                                          3
New Titles
     Continued




Europe-China Tax Treaties                         UCITS and Taxation
edited by Michael Lang, Jianwen Liu &             Towards Harmonization of the Taxation of
Gongliang Tang                                    UCITS
May 2010, 320 pp., Hardcover,                     by Raymond P.C. Adema
ISBN: 9789041132161                               December 2009, 576 pp., hardbound,
Price: EUR 130.00 / USD 176.00 / GBP 104.00       ISBN: 9789041128393
EUCOTAX Series on European Taxation 26            Price: EUR 130.00 / USD 172.00 / GBP 104.00
                                                  EUCOTAX Series on European Taxation 25
Quick Reference to European VAT
Compliance                                        Schwarz on Tax Treaties
edited by Chris Platteeuw &                       by Jonathan Schwarz
Pedro Pestana da Silva                            July 2009, 417 pp., softcover,
March 2010, 808 pp., softcover,                   ISBN: 9789041131751
ISBN: 9789041128515                               Price: EUR 156.00 / USD 206.00 / GBP 125.00
Price: EUR 208.00 / USD 281.00 / GBP 166.00
                                                  Structuring Foreign Investment in US Real
Guide to Global Real Estate Investment            Estate Online
Trusts: A Regulatory and Tax Perspective          by W. Donald Knight Jr. & Richard Andersen
edited by Stefano Simontacchi & Uwe Stoschek      October 2009, ISBN: 9888002175,
February 2010, 584 pp., softcover,                Online version now available at
ISBN: 9789041128461                               www.kluwerlawonline.com
Price: EUR 265.00 / USD 358.00 / GBP 212.00
                                                  International Trust Laws & Analysis Online
Comparative Income Taxation.                      by William H. Byrnes & Robert J Munro
A Structural Analysis – 3rd Edition               October 2009, ISBN: 9888002153,
by Hugh J. Ault & Brian J. Arnold                 Online version now available at
February 2010, 592 pp., hardbound,                www.kluwerlawonline.com
ISBN: 9789041132048
Price: EUR 130.00 / USD 176.00 / GBP 104.00       A Handbook of EU VAT Legislation Online
                                                  by Rita de la Feria
China Master Tax Guide 7th Edition                September 2009, ISBN: 9888002159,
2009/2010                                         Online version now available at
CCH                                               www.kluwerlawonline.com
January 2010, 626 pp., hardbound,
ISBN: 9789041132307
Price: EUR 70.00 / USD 95.00 / GBP 56.00


 4                                         www.kluwerlaw.com
ELECTRONIC
    Intertax                                                                 General Editor:
                                                                             Fred C. de Hosson




                                                                                                     JOURNALS
    International Tax Review




For three decades it has provided 12 issues a year of practical, up-to-date, high-level
international tax information. Intertax aims to enlighten the reader on transnational
tax issues through the following:

I   Contributions from a global network of tax experts
I   Articles with essential information on both direct and indirect taxation in
    countries around the world
I   Reports on multinational tax developments emanating from organizations such as
    the WTO, the OECD, the United Nations, and the EC
I   Special regional coverage features – such as EC Tax Scene, US Tax Scene, and
    China Tax Scene – that offer concise overviews of the latest tax news in these
    areas
I   Special issues focusing on subjects of particular interest, such as abuse of law

Intertax is essential reading for tax practitioners and academics who need a global
opinion on direct and indirect taxation.

2011, Volume 39 (12 issues)
ISSN: 0165-2826
Subscription rate: EUR 973.00 / USD 1298.00 / GBP 715.00 (Print)
Subscription rate: EUR 901.00 / GBP 1201.00 / GBP 662.00 (Online)




                                    www.kluwerlaw.com                                            5
EC Tax Review                                                              edited by
                                                                                           Ben J. Kiekebeld,
JOURNALS




                                                                                           Ernst & Young Tax
                                                                                           Adviser,
                                                                                           The Netherlands



           EC Tax Review provides up to date coverage of developments in Community tax law as it
           affects member states.
           Publishes six times a year, it provides comprehensive and timely analysis enabling you to
           anticipate the effect of U tax law on the regime in your country. EC Tax Review offers the
           following features:
           I    Exclusively dedicated to EU tax development, the harmonization of taxation and the
                implementation of EC tax laws into national legislation
           I    Detailed coverage of direct and indirect taxation and social security from a legal and
                economic perspective
           I    Key cases from the European Court of Justice and important national cases
           I    Directs you to relevant literature from respective EU member states
           I    A first-class editorial board
           I    Articles are selected from local experts from member states and Brussels
           The quality, timeliness and diversity of its articles make EC Tax Review essential reading for the
           European tax lawyer, practitioner, consultant, academic, or accountant.


           2011, Volume 20 (6 issues)
           ISSN: 0928-2750
           Subscription rate: EUR 512.00 / USD 683.00 / GBP 376.00 (Print)
           Subscription rate: EUR 474.00 / USD 632.00 / GBP 349.00 (Online)


           This journal is also available online at www.kluwerlawonline.com
           Please contact our sales department for further information at +31 (0)172 641 562
           or at sales@kluwerlaw.com




            6                                             www.kluwerlaw.com
NOW ALSO AVAILABLE ONLINE                                                   by
                                                                               Rita de la Feria
  A Handbook of EU VAT
  Legislation

A Handbook of EU VAT Legislation provides annotated texts of all EU VAT legislative instruments,
including directives, amendments, derogations, ancillary legislation, and regulations. Texts are
mostly in English, though a few are in French in those cases where an official English version is
not available. Where legislation has been amended, the version presented is always the
consolidated version.
The author’s notes augment this comprehensive documentary material with commentary that




                                                                                                           LOOSE-LEAFS
encompasses such matters as European Court of Justice VAT cases; Legislation no longer in
force; and, Legislation in preparation (proposals from the European Commission).
Useful tables include a chronological index of all EU VAT legislation; tables of all relevant
European Court of Justice cases arranged both by case number and by legislative provision; VAT
rates tables, both country-by-country and also by specific goods and services; a table of VAT
terminology in all the languages of the EU; and a list of Web sites that offer information on
both the EU VAT system and VAT in the various Member States.
A Handbook of EU VAT Legislation gives you country-by-country coverage of VAT systems and
rates, derogations, terminology, and much more in each of the 24 EU Member States:
Austria. Belgium. Bulgaria. Cyprus. Czech Republic. Denmark. Estonia. Finland. France. Germany.
Greece. Hungary. Ireland. Italy. Latvia. Lithuania. Luxembourg. Malta. Netherlands. Poland.
Portugal. Romania. Slovakia. Slovenia. Spain. Sweden. United Kingdom.
Plus, in future supplements,
full coverage of EU VAT developments in each of the countries expected to join the EU at a
later stage, such as: Croatia and Turkey.
“Rita de la Feria is to be congratulated on producing such an excellently researched work, one
which I have no hesitation in recommending to those interested in the area of indirect taxation.”
Jim Somers, Partner, Head of Indirect Tax Services, Ernst & Young
“Every indirect tax practitioner should have access to this work. Many will find it an indispensable
reference tool.”
Anthony McClenaghan, VAT Global Partner, Deloitte & Touche
Loose-leaf, 3 volumes and regularly supplemented
First published July 2004
ISBN: 9789041122421
Price: EUR 550.00 / USD 743.00 / GBP 440.00
The online version of this publication is available at www.kluwerlawonline.com.


                                     www.kluwerlaw.com                                                 7
NOW ALSO AVAILABLE ONLINE                                            by
                                                                                       William H. Byrnes &
                  International Trust Laws and Analysis                                Robert J. Munro
                  Company Laws, Wealth Management,
                  & Tax Planning Strategies

              International Trust Laws and Analysis provides all the legal, tax, and estate-planning intelligence
              necessary for professional advisers to recommend offshore jurisdictions to their clients – as well as
              the tools to establish and operate trusts in compliance with all applicable rules and regulations. The
              full text of the trust laws of 60 countries is included with clear, concise comparison charts aimed at
              reducing research time. The 29 vital elements of each jurisdiction's laws are analyzed in detail:
              1. Legislative Background 2. Formation 3. Exempt Tax Status 4. Minimum Assets 5. Residency
LOOSE-LEAFS




              Requirement 6. Registration 7. Revocable or Irrevocable; Void or Voidable 8. Settlor as Beneficiary
              9. Perpetuity Period 10. Wait and See Provision 11. Accumulations 12. Beneficiaries 13. Trustees and
              Trustee Companies 14. Enforcers 15. Protectors 16. Confidentiality Rules 17. Financial Disclosure
              18. Redomiciliation 19. Government and Private Fees 20. Exchange Control 21. Tax Treaties 22.
              Restrictions 23. Asset Protection 24. Fraudulent Dispositions 25. Time Limit to Bring Suit 26. Foreign
              Court Awards 27. Forced Heirship 28. Other Types of Trusts 29. Government Control.
              This major reference work is a definitive guide to the formation of offshore trusts. The mainwork
              has been completely been updated with all latest country information and new legislation.
              The work will be kept-up-to-date through quarterly supplements:
              I   Tracking key changes and developments in foreign trust laws and practices
              I   New analytical information will be included on:
                  • prominent trust and company case law
                  • company law
                  • wealth management
                  • tax planning
              Countries included: Andorra. Anguilla. Antigua and Barbuda. Aruba. Australia. Austria. Bahamas.
              Barbados. Belize. Bermuda. British Virgin Islands. Brunei. Cayman Islands. China. Cook Islands. Costa
              Rica. Cyprus. Dominica. Gibraltar. Grenada. Guernsey. Hong Kong. Ireland. Isle of Man. Israel. Jersey.
              Labuan. Liechtenstein. Macau. Madeira. Malaysia. Malta. Marshall Islands. Mauritius. Monaco.
              Montserrat. Nauru. Netherlands Antilles. Nevis. New Zealand. Niue. Panama. Prince Edward Island.
              Russia. St. Kitts. St. Lucia. St. Vincent and Grenadines. Samoa. Seychelles. Singapore. Switzerland.
              Turks and Caicos Islands. United Kingdom. United States (Alaska, California, Colorado, Delaware,
              Montana, Nevada, New York, Rhode Island). Vanuatu. Hague Convention on Trusts (includes
              Netherlands, Portugal, Italy, France, Belgium, Spain, Luxembourg, etc.).
              Loose-leaf, 7 volumes
              First published June 2001 and updated three times a year.
              ISBN: 9789041198303
              Price: EUR 1,170.00 / USD 1,580.00 / GBP 936.00

              This loose-leaf publication was relaunched in September 2009 with updates scheduled for
              up to 4 times a year. The online version is now available at www.kluwerlawonline.com.

              8                                         www.kluwerlaw.com
NOW ALSO AVAILABLE ONLINE                                                 by
                                                                              W. Donald Knight Jr.
    Structuring Foreign Investment                                            & Richard Andersen

    in US Real Estate

This timely and highly practical resource is designed to explore the considerations that are of
unique concern to foreign individuals and entities making US real estate investments. To that
end it details the US income, estate and gift tax aspects of inbound investment in US real
property and the various structural techniques that may be employed to reduce or eliminate US
tax liability under these domestic laws. This work's single-minded focus on real estate, the
encyclopedic coverage of relevant tax considerations, and extensive materials on non-tax issues




                                                                                                           LOOSE-LEAFS
(asset protection, non-tax reporting, limits on foreign ownership of U.S, real estate, etc.) make it
an essential resource for non-US investors and their advisers.
Structuring Foreign Investment in US Real Estate covers:
I   General rules for taxing inbound investments by non-US persons
I   System for taxing operating income from foreign-owned US real estate
I   Regime for taxing dispositions of US real estate by non-US owners
I   Withholding obligations of purchasers of US real estate from non-US sellers
I   Impact of tax treaty network on US taxation of inbound real estate investment
I   Limitations on non-US ownership of US real estate
I   Reporting obligations for non-US owners of US real estate
I   Planning for acquisitions and dispositions of US real estate by non-US persons
I   Estate and gift tax planning for foreign-owned US real estate
This one-volume loose-leaf answer questions, such as:
I   How is direct foreign investment in US real estate taxed?
I   How is portfolio investment in US real estate taxed?
I   What are the seller’s and buyer’s tax obligations when foreign-owned US real estate
    changes hands?
I   What planning techniques are available to non-US persons for holding and disposing of US
    real estate?
I   What reporting obligations are associated with foreign ownership of US real estate?
I   Are there limitations on the ability of non-US persons to own US real estate?
I   What impact do tax treaties have on planning for foreign investment in US real estate?
I   What state and local tax issues arise on inbound investment in US real estate?
I   What estate and gift planning should be done for non-US owners of US real estate?
January 2009, Loose-leaf, 1 volume
ISBN: 9789041128102
Price: EUR 325.00 / USD 439.00 / GBP 260.00
The online version of this publication is available at www.kluwerlawonline.com.



                                    www.kluwerlaw.com                                                  9
NEW                                                                CCH

             China Master Tax Guide
             7th Edition 2009/2010

        China can seem complex for market entrants; but now it’s easy to be sure-footed.
        CCH’s China Master Tax Guide 2009/10 – with its unbeatable combination of
        up-to-date, step-by-step guidance and crystal-clear graphic treatment of procedural
        detail – lays out the law of China taxation in clear, non-academic English, making it
        the fastest, easiest way for practitioners to ensure the speediest progress and the
        most favorable outcome in China tax matters. The Guide is expertly authored by the
        professionals at Deloitte Touche Tohmatsu, who use their on-the-ground experience
        to make the book truly useful for day-to-day work.
        Highlighting recent changes in the revenue laws, the Guide offers expert guidance
        through tax legislation and circular references, revised tax rates for existing and newly
        introduced tax categories, and a list of the double tax treaties which China has
        ratified with other countries. Accountants and business and tax lawyers will depend
        on the Guide to find out:
        I    exactly what tax applies to whom under what circumstances;
        I    how to calculate specific tax liabilities;
        I    how unsettled tax issues have been and are currently interpreted; and
        I    when necessary, how to proceed and in what forum.
        . . . and much more. To support its superb information base and expert guidance,
              the Guide is:
BOOKS




        I    completely up-to-date, including analysis of the formidable new Enterprise
             Income Tax Law;
        I    packed with worked examples highlighting issues that arise in practice; and
        I    superbly indexed and organised for quick answers.
        It goes without saying that, as always with CCH’s Master Tax Guides, the Guide
        provides matchless analysis of relevant legislation – covering direct and indirect taxes,
        payment, objection, appeal, all the essential issues – as well as such practical details
        as tax rates, deadlines, and administrative procedures, all collated in a user-friendly,
        at-a-glance format. And all in plain, easy-to-follow English.

        January 2010, 626 pp., hardbound,
        ISBN: 9789041132307
        Price: EUR 70.00 / USD 95.00 / GBP 56.00




        10                                        www.kluwerlaw.com
NEW                                                                      by
                                                                             Hugh J. Ault &
  Comparative Income Taxation                                                Brian J. Arnold

  A Structural Analysis 3rd Edition


The purpose of this book is to compare different solutions adopted by nine
industrialized countries to common problems of income tax design. As in other legal
domains, comparative study of income taxation can provide fresh perspectives from
which to examine a particular national system. Increasing economic globalization also
makes understanding foreign tax systems relevant to a growing set of transnational
business transactions.

Comparative study is, however, notoriously difficult. Full understanding of a foreign
tax system may require mastery not only of a foreign language, but also of foreign
business and legal cultures. It would be the work of a lifetime for a single individual to
achieve that level of understanding of the nine income taxes compared in this
volume. Suppose, however, that an international group of tax law professors, each
expert in his own national system, were asked to describe how that system resolved
specific problems of income tax design with respect to individuals, business
organizations, and international transactions. Suppose further that the leaders of the
group wove the resulting answers into a single continuous exposition, which was then
reviewed and critiqued by a wider group of tax teachers. The resulting text would
provide a convenient and comprehensive introduction to foreign approaches to
income taxation for teachers, students, policy-makers and practitioners.

That is the path followed by Hugh Ault and Brian Arnold and their collaborators in the




                                                                                                    BOOKS
development of this fascinating book. Henceforth, a reader interested in how other
developed countries resolve such structural issues as the taxation of fringe benefits,
the effect of unrealized appreciation at death, the classification of business entities,
expatriation to avoid taxes, and so on, can turn to this volume for an initial answer.
This book should greatly facilitate comparative analysis in teaching and writing about
taxation in the US and elsewhere.


February 2010, 592 pp., hardbound,
ISBN: 9789041132048
Price: EUR 130.00 / USD 176.00 / GBP 104.00




                                    www.kluwerlaw.com                                          11
Cross Border Enforcement of                                                by
                                                                                       Mikael Berglund
            Claims in the EU: History,
            Present Time and Future

        This book focuses on preventive security arrangements and precautionary measures that offer
        creditors the widest possible assurance of obtaining an enforceable cross border title of execution
        and recovering claims in the event of non-payment by the debtor – all while adhering closely to
        such guiding principles as efficiency, legal certainty, predictability, and the establishment of a
        proper balance between the interests of the claimant and the defendant. The author pays close
        attention to relevant factors as the following:
        I    the debtor’s privacy interest, the creditor's efficiency interest, legal principles of non-
             discrimination, proportionality, territoriality, universality, and mutuality;
        I    the role of regulated enforcement and recovery agents;
        I    a foreign State’s immunity against civil execution measures;
        I    recognition and enforceability of titles of execution;
        I    interim measures;
        I    grounds of non-recognition or refusal and other obstacles to enforcement or recovery;
        I    periods of limitation;
        I    enforcement of a contested claim;
        I    appeals;
        I    costs and repayment;
        I    referral provisions to national laws;
        I    access to information for enforcement purposes in the international context;
        I    the possible alternative to cross border enforcement of claims, international insolvency;
        I    disqualification orders for non-serious or illegal business activity.
BOOKS




        The analysis considers the provisions of applicable legal instruments, including the Brussels I
        Regulation, the European Enforcement Order for Uncontested Claims, the European Order for
        Payment Procedure, the European Small Claims Procedure, the Nordic Convention on Recognition
        and the Enforcement of Judgments in Civil Matters, the New York Convention on Foreign Arbitral
        Awards, the European Convention on Human Rights, the European State Immunity Convention, and
        the Vienna Conventions on Diplomatic and Consular Relations, as well as EC law on tax claims, the
        Recovery Directive, the OECD Convention on Mutual Administrative Assistance in Tax Matters, the
        Nordic Agreement on Assistance in Tax Matters, and EC law and conventions on insolvency. Case
        law at every level, including ECHR and ECJ case law, is drawn on liberally.
        No other work on the cross border enforcement of contractual money law claims and tax law
        claims in the EU has anything like the depth and breadth of this analysis.
        March 2009, 396 pp., hardbound
        ISBN: 9789041128614
        Price: EUR 130.00 / USD 172.00 / GBP 104.00
        European Monographs 65

        12                                         www.kluwerlaw.com
by
    Directory of EC Case Law on                                                  René Barents
    Direct Taxation


EC tax practitioners often find it difficult to locate specific references to precise
subjects in the case law. Applying the approach he successfully employed in Kluwer's
Directory on EC Case Law on Competition and Directory on EC Case Law on State
Aids, René Barents overcomes that difficulty by presenting a collection of case law
extracts sorted by key subject areas under the following major topics:

I   Fiscal Sovereignty and Community Law;
I   Direct Taxation and Free Movement;
I   Restrictions on Free Movement by Tax Measures;
I   Restrictions Resulting from Disparities between National Tax Systems;
I   Comparable and Incomparable Tax Situations;
I   Justifications of Restrictions on Free Movement by Direct Taxation;
I   Free Movement and Direct Taxation of Natural Persons; and
I   Free Movement and Direct Taxation of Companies and Shareholders.

Given this directory's streamlined accessibility to the relevant case law, EC tax
specialists will refer to it often and quickly classify it as an indispensable resource.

March 2009, 236 pp, hardbound
ISBN: 9789041127976
Price: EUR 150.00 / USD 198.00 / GBP 120.00




                                                                                                     BOOKS




                                     www.kluwerlaw.com                                          13
ECJ VAT Yearbook 2009: VAT                                               by
                                                                                     Stephen Dale &
            Decisions of the Court of                                                Wilbert
            Justice of the European                                                  Nieuwenhuizen

            Communities 1974-2008
        Strictly speaking, the primary purpose of the European Court of Justice (ECJ) is to
        interpret the meaning of European Union (EU) treaties and directives and to make
        sure they’re applied uniformly across the member union. In practice, the ECJ has
        become a major driver of European economic integration through its rulings in the
        area of taxation like those dealing with the value added tax (VAT).

        EU VAT practitioners demand a constantly updated appreciation of the ins-and-outs of
        related controversies in order to properly safeguard the interests of their clients. These
        professionals must also contend with the complexity introduced by the interplay of
        Community and national law. This book provides an accessible resource directly
        addressing each of these concerns.

        The structure of this highly useful resource is based on the focus of the relevant ECJ
        cases, and hence on the structure of the new (and old) Sixth VAT Directive. Coverage
        of each decision provided includes the following:

        I    Summary of ruling;
        I    Summary of facts;
        I    Most significant portion of ruling; and
        I    Whenever practical, relevant tax planning and compliance guidance.
BOOKS




        August 2009, 750 pp., softcover, including CD-ROM
        ISBN: 9789041131393
        Price: EUR 140.00 / USD 185.00 / GBP 112.00




        14                                        www.kluwerlaw.com
NEW                                                                     edited by
                                                                            Michael Lang,
    Europe-China Tax Treaties                                               Jianwen Liu &
                                                                            Gongliang Tang




The book is the result of a joint research project on the tax treaties concluded
between the People’s Republic of China and European countries.
Each chapter carefully analyses the extent to which Chinese tax treaties follow the
OECD Model Tax Convention on Income and Capital and the UN Income and Capital
Model Convention. The focus is on the different policy decisions underlying the
various provisions. Additionally, the contributions analyse the extent to which Chinese
tax treaty policy differs with respect to EU and non-EU Member States. They also
highlight relevant policy changes over time. The fact that each contribution is the
product of the collaboration between European and Chinese researchers and includes
the results of the International Conference on Europe - China Tax Treaties Research,
held in March 2009 in Beijing, serves to enrich its analysis.
Among the topics covered are the following:
I   Treaty Entitlement (Articles 1, 4 and 24 OECD Model)
I   Business Profits (Articles 5, 6, 7, 8, 9, and 14 OECD Model)
I   Passive Income (Articles 10, 11, and 12 OECD Model)
I   Capital Gains (Article 13 OECD Model)
I   Employment Income (Articles 15, 16, 18, 19, and 20 OECD Model)
I   Artistes and Sportsmen (Article 17 OECD Model)
I   Methods to Avoid Double Taxation (Article 23 OECD Model)




                                                                                                  BOOKS
I   Non-Discrimination (Article 24 OECD Model)
I   Mutual Agreement, Exchange of Information and Mutual Assistance in the
    Collection of Taxes (Articles 25, 26 and 27 OECD Model)


May 2010, 320 pp., Hardcover,
ISBN: 9789041132161
Price: EUR 130.00 / USD 176.00 / GBP 104.00
EUCOTAX Series on European Taxation 26




                                   www.kluwerlaw.com                                         15
NEW  European Direct                                                     by
                                                                                       Dennis Weber
            Taxation: Case Law and
            Regulations
            2nd Edition

        Practitioners and researchers with an on-going interest in European direct taxation
        require ready access to applicable case law and regulations. But access is inadequate
        if the materials are not well organized and kept current on reliable basis.
        The key features of this highly useful work are designed to address many of the most
        common research needs of professionals involved in the field of European direct
        taxation:

        I     Includes summaries of all judgments − and pending cases – of the Court of Justice
              of the European Union covering direction taxation, organized in a thematic
              fashion. Also features chronological, alphabetical, and case number lists as well as
              a subject index.

        I     Provides consolidated, up-to-date versions of all pertinent regulations as well as
              relevant working papers and communications of the European Commission.

        Based on his well earned reputation as a tax expert, the editor Prof. Dr. Dennis M.
        Weber also reviewed the relevant working papers, Commission communications, etc.,
        and selected the most pertinent to practitioners and researchers for inclusion in this
        indispensable, time-saving resource.

        June 2010, 1560 pp., softcover,
BOOKS




        ISBN: 9789041133366
        Price: EUR 99.00 / USD 134.00 / GBP 79.00

        The online version of this title will be shortly available at
        www.kluwerlawonline.com.




         16                                         www.kluwerlaw.com
NEW Fiscal Sovereignty of the                                          edited by
                                                                           Sjaak Jansen
  Member States in an Internal
  Market: Past and Future

Although EU member states have retained national sovereignty in tax matters, a
consistent line of decisions by the European Court of Justice requires them to exercise
these powers consistent with superseding Community law. In other words, the
member states are not wholly autonomous. And this in turn creates serious tensions.

This timely resource covers a variety of critical issues including the current and
possible future effects of the internal market on the fiscal sovereignty of member
states; the limits that European law impose on member states’ policy sovereignty in
matters of international tax law; the affect of European law on taxes levied by local
authorities; and the consequences the Treaty of Lisbon may have for member states’
fiscal sovereignty.


Forthcoming October 2010, 352 pp., hardbound
ISBN: 9789041134035
Approximate Price: EUR 127.00 / USD 172.00 / GBP 102.00




                                                                                               BOOKS




                                   www.kluwerlaw.com                                      17
NEW                                                                       edited by
                   Guide to Global Real                                                 Stefano
            Estate Investment Trusts: A                                                 Simontacchi &
                                                                                        Uwe Stoschek
            Regulatory and Tax Perspective

        The global listed property sector has been characterized by a variety of noteworthy
        developments over the recent past, the proliferation of real estate investment trust-
        type structures in countries around the world key among them. Despite an uncertain
        economic environment, REITs have proven their ability to promote institutional real
        estate investments in global financial markets.

        This highly practical book features a comprehensive analysis of both the legal and tax
        underpinnings of REIT-friendly legislation in a variety of the world’s most significant
        jurisdictions. With regard to the legal framework, the structure and functioning of a
        REIT is carefully investigated and explained.

        In terms of tax issues, the book focuses on such key issues as

        I     REIT formation;
        I     operation and liquidation;
        I     mergers, acquisitions and dispositions;
        I     as well as planning for public and private REIT offerings and re-securitizations.

        REITs are inherently complex and their interplay with tax treaties further compounds
        the complexity. This highly accessible yet authoritative work is the perfect decision
        making tool for any professional looking for perspective and guidance on the
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        challenges and opportunities REITs engender.


        February 2010, 584 pp., softcover, annual manual
        ISBN: 9789041128461
        Price: EUR 265.00 / USD 358.00 / GBP 212.00

        The online version of this publication is available at ww.kluwerlawonline.com.




         18                                          www.kluwerlaw.com
NEW                                                                      edited by
                                                                             Ceteris US, LLP
  Guide to International
  Transfer Pricing

The pricing of goods and services within a multi-divisional organization, particularly in
regard to cross-border transactions, has emerged as one of the most contentious areas
of international tax law. This is due in no small measure to the rise of transfer pricing
regulations as governments seek to stem the flow of tax revenue overseas, making the
issue one of great importance to multinational corporations. This thoroughly practical
work provides guidance on an array of critical transfer pricing issues. The guide’s
relevance is further enhanced by the inclusion of 11 country chapters covering
domestic transfer pricing issues in a variety of key national jurisdictions.
Table of contents:
Part One 1. Overview and best practices 2. The OECD guidelines. Part Two – Country
Reports 1. Importance of transfer pricing to multinational companies operating in the
country 2. Regulatory framework 3. Determining the appropriate inter-company price
4. Developing support for actual pricing 5. Hot topics/Special considerations in local
country transfer pricing 6. Local country administrative practices 7. Significant transfer
pricing litigation 8. Country-specific planning opportunities Appendices - Transfer
Pricing Implementation Checklist - Country Rules Summary.
The following countries are profiled in the premiere edition:
• Argentina
• Australia




                                                                                                    BOOKS
• Belgium
• Brazil
• Canada
• France
• Germany
• Israel
• Mexico
• United Kingdom
• United States

September 2010, softcover, annual manual
ISBN: 9789041131218
Price: EUR 260.00 / USD 350.00 / GBP 207.00

The online version of this title will be shortly available at
www.kluwerlawonline.com.

                                    www.kluwerlaw.com                                          19
IFRS Manual of Accounting –                                            edited by
                                                                                   PricewaterhouseCoopers
            2009                                                                   UK




        The IFRS Manual of Accounting - 2009 is the revised and updated global guide to IFRS.
        It provides expert practical guidance on all the IFRSs issued by the International
        Accounting Standards Board (IASB).
        Key changes include revision of all chapters for implications of the IFRS annual
        improvements project issued in May 2008, impacting 20 standards with effective
        dates starting from 1 January 2009
        This manual now comprises two publications. The supplement, Understanding New
        IFRSs for 2009, contains guidance on the standards that will come into force but can
        be early adopted:
        I     IAS 1 (revised), ‘Presentation of financial statements’
        I     IFRS 8, ‘Operating segments’
        I     IAS 27 (revised), ‘Consolidated and separate financial statements’
        I     IFRS 3 (revised), ‘Business combinations’
        The package contains the following elements
        I     The IFRS Manual of Accounting
        I     Understanding New IFRSs for 2009 (Global edition)

        January 2009, hardbound, 2–volume set
BOOKS




        ISBN: 9789041128829
        Price: EUR 119.00 / USD 157.00 / GBP 95.00
        Co-publication with CCH UK

        No sales rights in the US and France




         20                                         www.kluwerlaw.com
NEW  Individuals' Income                                                   by
                                                                              Daniel Bellan
  under Double Taxation
  Conventions
  A Brazilian Approach

Tax conventions (or tax treaties) provide a means of settling on a uniform basis the
most common problems that arise in the field of international double taxation. Brazil
has over two dozen such conventions in force. This number might seem small but the
country will inevitably enter into more such treaties given its economic growth,
foreign investments and economic globalization in general.

Two highly practical aspects form the basis of the book’s analysis: interpretation and
qualification under international tax law; and Brazil’s income tax on individuals. The
author employs those starting points to tackle such thorny questions as: Is there
coherence in the legal regime that is applicable to individuals’ income in double
taxation treaties? Is this “system” for individuals consistent? Is it in accordance with
Brazilian constitutional principles? Professionals dealing with Brazil’s tax regime will
quickly find this work instructive, insightful and thought-provoking.

September 2010, 525 pp., hardbound
ISBN: 9789041132789
Approximate Price: EUR 127.00 / USD 172.00 / GBP 102.00




                                                                                                   BOOKS




                                    www.kluwerlaw.com                                         21
International Exchange of                                                   by
                                                                                        Tonny Schenk
            Information and the Protection
            of Taxpayers

        In an increasingly globalized world economy, the OECD, UN, as well as the EU
        consider cooperation between States as a crucial instrument to achieve different, but
        related tax-related goals, ranging from the correct and fair levying of taxes to the
        ‘battles’ against harmful tax competition, bank secrecy, money laundering, and
        recently even against corruption and international terrorism. To meet these
        expectations the international rules on the subject have changed considerably during
        the last three or four years.
        The focus of this work is the legal position of the taxpayer in the exchange of tax-
        related information between States. In that regard the book addresses four main
        questions:
        I     When exchanging information, do States have a legal duty to protect the interests
              of their internal taxpayers/suppliers of information, apart from the obligation to
              protect the interests of the contracting States?
        I     If the last question is answered in the affirmative, can this duty be fulfilled under
              the current rules concerning the international exchange of information?
        I     Within this framework, what are the interests of States and taxpayers to be
              weighed?
        I     How can the legal protection of taxpayers supplying information be best
              achieved?
BOOKS




        August 2009, 340 pp., hardbound
        ISBN: 9789041131423
        Price: EUR 130.00 / USD 172.00 / GBP 104.00

        EUCOTAX Series on European Taxation 24




         22                                         www.kluwerlaw.com
NEW                                                                      by
                                                                             Marjaana Helminen
    The International Tax Law
    Concept of Dividend

The distribution of profits between corporations resident in different jurisdictions
gives rise to significant tax planning opportunities for multinational enterprises. As
cross-border transactions between corporations grow in number and complexity, the
question of how a profit distribution is classified for corporate income tax purposes
becomes increasingly important, particularly in the context of issues such as double
taxation, non-taxation and tax neutrality. This unique and practical work covers the
rules determining which transactions may be classified and therefore taxed as
dividend income and how classification conflicts may be resolved. The author
examines the classification of various inter-corporate transactions, including:

I   Payments made under dividend-stripping arrangements.
I   Fictitious profit distributions.
I   Economic benefits in the context of transfer pricing.
I   Returns on debt-equity hybrids.
I   Interest payments in thin capitalization situations and distributions following
    liquidation.

The analysis of each transaction refers to international tax law. Most weight is given
to tax treaties and EU tax law. The approaches adopted in different states’ national
tax law are covered by a more general analysis. The comprehensive coverage and
practical nature of The International Tax Law Concept of Dividend make it an essential




                                                                                                  BOOKS
acquisition for tax practitioners, researchers and tax libraries worldwide.

July 2010, 304 pp., hardbound
ISBN: 9789041132062
Price: EUR 130.00 / USD 176.00 / GBP 104.00

Series on International Taxation 36




                                    www.kluwerlaw.com                                        23
Interpretation of Double                                                   by
                                                                                     Sergio André Rocha
          Taxation Conventions
          General Theory and Brazilian Perspective


        Over the last several years there's been a marked increased in the number of tax
        treaties entered into by Brazil. Although the impact of this trend on both lawyers and
        taxpayers has not yet fully emerged, this work provides valuable assistance in
        clarifying a number of its key effects.
        The author brings a unique perspective to the need to increase international trade and
        investment between Brazil and other countries by reducing double taxation of income.
        Thus, income tax treaties are presented as useful tools in establishing appropriate tax
        rules for a variety of international trade practices which in the past lacked clear and
        uniform legislation that would ensure reasonable and efficient taxation.
        The author also provides a lucid and very informative description of the history of
        income tax treaties, and offers an insightful discussion of the relationship between
        these treaties and internal Brazilian law.
        The integration of the world’s economies, and Brazil’s increasing reach into many
        markets until recently unexplored by its business community, gives particular
        importance to the author's analysis of the mechanisms for the interpretation and
        application of income tax treaties, particularly in connection with the resolution of
        international tax disputes.
        In sum, this work will quickly prove indispensable to professionals concerned with the
        interpretation and implementation of Brazil's double taxation conventions.
BOOKS




        February 2009, 284 pp, hardbound
        ISBN: 9789041128225
        Price: EUR 130.00 / USD 172.00 / GBP 104.00

        Series on International Taxation 32




         24                                       www.kluwerlaw.com
NEW    Permanent                                                           edited by
                                                                               Ekkehart Reimer,
    Establishments. A Domestic                                                 Stefan Schmid &
                                                                               Nathalie Urban
    Taxation, Bilateral Tax Treaty
    and OECD Perspective
Permanent Establishments. A Domestic Taxation, Bilateral Tax Treaty and OECD Perspective is a two-
part guide offering you expert analysis and guidance on PEs as an increasingly important factor in
I   Tax planning                                    I   Tax accounting
I   Tax compliance                                  I   Related tax risk management
This first edition includes analysis of the latest OECD-related developments in the context of
Articles 5 and 7 of the OECD Model Tax Convention (2010 update).
PART 1 discusses whether there is a PE, and if so, how much profit should be allocated to it.
Plus
I   Taxation of business profits                    I   Policy perspectives.
I   Tax planning
PART 2 focuses on country-specific PE profiles designed to facilitate your decision-making allowing
you to compare and contrast critical PE-related data over an array of national jurisdictions.
Basic principles
I Relevance of permanent establishments             I   Key features of taxation
I Legal principles and resources                    I   Ruling practice
Definition of permanent establishment
I According to domestic law                         I   Discrepancies between domestic law and
I Double taxation treaties                              tax treaties




                                                                                                       BOOKS
I Special cases                                     I   Practical approach
Profit allocation
I Applicability of allocation method                I   Details on losses
I Mechanism of the direct allocation method         I   Practical considerations
I Mechanism of the indirect allocation method       I   Summary and outlook
I Details on the shift of assets or functions

Countries covered: Germany, Hungary, India, Italy, Japan, Netherlands, Russia, Spain, Sweden,
Switzerland, United Kingdom, United States.

August 2010, softcover, annual manual
ISBN: 9789041131232
Price: EUR 260.00 / USD 350.00 / GBP 208.00

The online version of this title will be shortly available at www.kluwerlawonline.com.


                                   www.kluwerlaw.com                                              25
NEWProcedural Rules in Tax                                             edited by
                                                                                     Michael Lang,
          Law in the Context of European                                             Pasquale Pistone,
                                                                                     Josef Schuch &
          Union and Domestic Law                                                     Claus Staringer



        European Union law barely deals with procedural questions even though they’re
        essential for proper implementation of European Union law. The European Court of
        Justice has developed procedural principles in its rulings which also affect proceedings
        before national authorities. This is due to the fact that the principle of procedural
        autonomy of the Member States finds its limits where European Union law might be
        infringed. Therefore, domestic procedural principles and rules of the EU countries need
        to be interpreted in the context of European Union law requirements.
        This timely work seeks to identify the differences between the domestic procedural
        rules and principles of an array of EC and non-EC countries and analyze them in the
        context of Community law requirements. Specific attention is paid to the impact of
        State aid rules on procedural law in tax matters, on constitutional law requirements as
        well as tax treaty law issues.
        Since customs law is already harmonized in the form of the Community Customs
        Code, it serves as a starting point to examine the extent to which harmonized
        procedural law is possible. Harmonized procedural law is also discussed in the context
        of a possible future Common Consolidated Corporate Tax Base as well as an EU tax
        levied at the Community level.


        Forthcoming October 2010, 700 pp., hardbound
BOOKS




        ISBN: 9789041133762
        Approximate Price: EUR 127.00 / USD 172.00 / GBP 102.00




         26                                       www.kluwerlaw.com
NEW                                                                   edited by
                                                                          Chris Platteeuw &
    Quick Reference to European                                           Pedro Pestana da
                                                                          Silva
    VAT Compliance

Quick Reference to European VAT Compliance provides highly practical content
including timely, country-specific profiles and field tested insights, prepared by
experts at Deloitte’s highly regarded European Indirect Tax Compliance Centre. Quick
Reference to European VAT Compliance is designed to provide the information
necessary to deal with common compliance challenges by way of a format that
allows readers to readily locate pertinent guidance when needed. Wherever possible,
each section of the Guide is designed to stand on its own so it can be consulted
without the need to read additional content. Quick Reference to European VAT
Compliance distills the problem-solving process by anticipating the relevant
challenges and providing reliable guidance. Quick Reference to European VAT
Compliance is designed around two major sections:
I   Overview (16 chapters) of how the various VAT systems in Europe work,
    particularly from a compliance perspective;
I   Detailed country-specific VAT compliance profiles covering 30 nations.
The book also includes a CD-ROM featuring key VAT reporting forms for each country
profiled and a variety of additional helpful documentation.


March 2010, 808 pp., softcover, annual manual
ISBN: 9789041128515




                                                                                               BOOKS
Price: EUR 208.00 / USD 281.00 / GBP 166.00


The online version of this publication is available at www.kluwerlawonline.com.
This online version has quarterly updates.




                                  www.kluwerlaw.com                                       27
NEW                                                                  by
                                                                                   Jonathan Schwarz
            Schwarz on Tax Treaties


        This new definitive analysis of tax treaties provides comprehensive commentary on
        the interpretation and practical application of OECD model and non standard treaties
        by the UK courts as well as treaty interaction with EU law.
        The definitive analysis of tax treaties with comprehensive commentary on their
        interpretation and practical application as well as interaction with EC and UK tax law
        benefiting from the author's extensive experience in this area of tax.

        I     Authoritative – benefit from the author’s extensive experience of this area
        I     Comprehensive- detailed exposition of tax treaties from a UK perspective
        I     Unique- the only book dedicated to explaining the UK tax treaty network
        I     Up to date- the latest UK and EC tax treaty developments and the 2008 OECD
              Model Convention

        The ideal companion to CCH’s Annotated Tax Treaties 2008-09 – combines the full
        database of treaties with in-depth commentary for easy access to all the information
        a tax adviser needs to effectively solve cross-border transactions.

        The author – Jonathan Schwarz BA LLB LLM FTII, is a practicing Barrister and
        recognised authority on international tax. This extensively updates and expands on his
        2001 book – Tax Treaties: United Kingdom Law and Practice’ including the latest
        developments. An indispensable guide to the UK treaty network and related law for
BOOKS




        tax practitioners.

        Co-publication with CCH UK
        July 2009, 417 pp., softcover
        ISBN: 9789041131751
        Price: EUR 156.00 / USD 206.00 / GBP 125.00




         28                                      www.kluwerlaw.com
Systems of General Sales                                                   by
                                                                             Robert F. van
  Taxation: Theory Policy and                                                Brederode
  Practice

Sales taxes − including gross receipt taxes, retail sales taxes and value added taxes −
are a key part of the fiscal revenue of many countries. Given an increasingly global
economy − and the recent stresses to which it's been subjected − many issues come
into play in connection with the legal, tax policy and economic implications
presented by the taxation of international transactions.

This thoughtful work begins with the basics and approaches sales taxation from a
number of different aspects. It provides in-depth economic analysis (for non-
economists) of all the taxes covered, including tax shifting, tax incidence, the
economic effect of reduced rates and exemptions, tax accumulation, regressivity, and
the Laffer curve approach. In addition, it offers a tax policy approach in regard to
specific economic sectors such as the treatment of small enterprises, financial
services, and real property.

This highly useful reference employs a comparative focus as well, especially where US
sales tax is contrasted to EU VAT (e.g., in regard of e-commerce and the treatment of
capital goods). Last but not least, the work offers insightful legal analysis in such key
areas as cross-border transactions and US constitutional restraints.

August 2009, 392 pp., hardbound
ISBN: 9789041128324




                                                                                                  BOOKS
Price: EUR 140.00 / USD 185.00 / GBP 112.00

Series on International Taxation 33




                                    www.kluwerlaw.com                                        29
NEW                                                                    edited by
                                                                                     Jacques Malherbe
          Tax Amnesties


        The controversial assumption that underlies tax amnesties is that, at least in some
        situations, it is preferable to sacrifice the penalties for past non-compliance (and
        perhaps even the tax owing itself) in exchange for improved compliance in the future.
        Some commentators argue that tax amnesties actually undermine future compliance
        because some taxpayers may be encouraged to engage in non-compliance in
        anticipation of a future tax amnesty. Consequently, tax amnesties must be designed
        and implemented cautiously from a public policy perspective.

        The scope of this highly relevant book is impressive. It covers the experience with tax
        amnesties of a variety of countries, deals with the constitutionality, morality, and
        economic effects of tax amnesties, and discusses the compatibility of tax amnesties
        with international agreements, in particular, the Treaty of the European Community.

        As the renowned international tax expert Brian Arnold observes in the work’s
        foreword: “The book is an important contribution to the literature on tax amnesties,
        as there is no comparable source dealing with the topic... It is timely because the
        elimination of bank secrecy and the proliferation of Tax Information Exchange
        Agreements with tax havens have led several countries to adopt tax amnesty
        programs. The book should be required reading for tax practitioners, scholars, and tax
        policy officials.”
BOOKS




        Forthcoming October 2010, hardbound
        ISBN: 9789041133649
        Approximate Price: EUR 127.00 / USD 172.00 / GBP 102.00




         30                                       www.kluwerlaw.com
Tax Reform in the 21st Century                                            edited by
                                                                              Richard Krever &
    A Volume in Memory of Richard Musgrave                                    John G. Head




No government can be sustained without the ability to tax its citizens. The question
then arises how can a nation do so in a way that’s fair and equitable to taxpayers
while simultaneously promoting economic growth and providing the state with the
funds it needs to adequately address the needs of its citizens?

This insightful work, featuring contributions from a stellar array of international tax
experts and economists, addresses the crucial, relevant issues which developed
countries will confront in the early decades of the 21st century:

I   The pursuit of tax reform.
I   Personal tax base: income or consumption?
I   Tax rate scale: equity and efficiency aspects.
I   Business tax reform: structural and design issues.
I   Interjurisdictional issues.
I   Controlling tax avoidance.

July 2009, 576 pp., hardbound
ISBN: 9789041128294
Price: EUR 95.00 / USD 125.00 / GBP 76.00

Series on International Taxation 34




                                                                                                      BOOKS




                                    www.kluwerlaw.com                                            31
Transfer Pricing and the
              NEW                                                                  by
                                                                                   Jens Wittendorff
          Arm's Length Principle in
          International Tax Law

        The proposed book analyzes the legal basis for the arm's length principle and the contents of the
        principle in U.S. tax law as well as the OECD Model Tax Convention and Transfer Pricing Guidelines.
        It includes a thorough review of international case law on transfer pricing from the U.S., Canada,
        Australia, United Kingdom, Germany, France, the Netherlands, Denmark, Sweden and Norway.
        The book consists of the following chapters:
        Part One - Introduction
        Part Two – The Legal Basis for the Arm's Length Principle
          • U.S. Tax Law
          • OECD
          • Other International Law
        Part Three – The Concept of the Arm's Length Principle
          • General
          • U.S. Tax Law
          • German Tax Law
          • Article 9(1) of the OECD Model
        Part Four – General Arm's Length Rules
          • Recognition of the Controlled Transaction
          • Combined and Separate Arm's Length Test
          • Set-Offs
          • Multiple Year Analysis
BOOKS




          • Comparability Requirement
          • Foreign Legal Restrictions
          • Arm's Length Range
        Part Five – Special Arm's Length Rules
          • Services
          • Cost Sharing
          • Intangibles
        Part Six – Transfer Pricing Methods
          • General
          • Transfer Pricing Methods
        Part Seven - Conclusion

        August 2010, 920 pp., hardbound,
        ISBN: 9789041132703
        Price: EUR 160.00 / USD 216.00 / GBP 128.00
        Series on International Taxation 35

         32                                      www.kluwerlaw.com
NEW                                                                     by
                                                                           Raymond P.C.
  UCITS and Taxation                                                       Adema
  Towards Harmonization of the Taxation
  of UCITS

Undertakings for the Collective Investment of Transferable Securities (UCITS) involve
collective investment funds, which are authorized to market their units among
countries within the European Union. The objective of the original UCITS directive
was to allow for open-ended funds investing in transferable securities to be subject to
the same regulation in every Member State. It was hoped that once such legislative
uniformity was established throughout Europe, funds authorized in one Member State
could be sold to the public in each Member State without further authorization,
thereby furthering the EU’s goal of a single market for financial services in Europe.

Unfortunately, the reality differed somewhat from the expectation.

This insightful work examines the taxation of UCITS in Austria, Germany, the
Netherlands, and the United Kingdom. It analyzes the tax consequences of the cross-
border trade in units of UCITS for unitholders residing in the countries examined. It
also features a number of recommendations to remove the tax advantages and
disadvantages that occur in cross border trading.


December 2009, 576 pp., hardbound,
ISBN: 9789041128393
Price: EUR 130.00 / USD 172.00 / GBP 104.00




                                                                                               BOOKS
EUCOTAX Series on European Taxation 25




                                   www.kluwerlaw.com                                      33
Of Special Interest                                                       by
                                                                                      Klaus Vogel
            Klaus Vogel on Double Taxation
            Conventions, 3rd ed.
            A Commentary to the OECD, UN and U.S. Model Conventions
            for the Avoidance of Double Taxation of Income and Capital,
            With Particular Reference to German Treaty Practice

        Double taxation conventions (DTCs) raise a plethora of interpretational questions for
        the practitioner and student of tax law. This book provides the answers.
        An encyclopedic treatise on DTCs, Klaus Vogel on Double Taxation Conventions is a
        guide to all legal issues DTCs raise and includes information on worldwide case law
        and commentators' views. The OECD Model Convention serves as the organisational
        basis for this work. Each chapter focuses on one article of the Convention and
        provides:
        I     the wording of the article and that of the respective articles of the UN and US
              Models
        I     the official Commentary by OECD
        I     an extensive discussion by the authors of the legal problems involved
        In addition, Klaus Vogel on Double Taxation Conventions offers an account of all
        German tax treaties, how they differ from the model provisions, and the potential
        practical impact of such differences.
        The first two editions have been used by lawyers, tax advisers, and scholars all over
        the world. Courts in Canada, Germany, South Africa, and the Netherlands have cited
        them as authority. This revised edition includes the most recent OECD Model
        revisions and all recent case law and relevant literature. The authors have rethought
        many of the problems discussed, further improved their argument, and amended their
BOOKS




        views where they have been convinced by opponents.

        November 1997, 1520 pp., hardbound
        ISBN: 9789041108920
        Price: EUR 499.00 / USD 674.00 / GBP 415.00




         34                                        www.kluwerlaw.com
Of Special Interest                                                    by
                                                                           Brian. J. Arnold &
    International Tax Primer                                               Michael J. McIntyre
    The Fundamental Principles and Structure of
    International Tax

The international aspects of income taxation have become increasingly important as
countries worldwide have become more economically integrated. International Tax
Primer provides an introduction to the policies that countries seek to advance with
their international tax rules, with numerous examples drawn from the practices of
both developed and developing countries. It grew out of the authors' work with the
OECD in conducting seminars on international tax for tax officials in countries
emerging from the collapse of the Soviet Union.
The book strikes a balance between the specific and the general by illustrating the
fundamental principles and structure of international tax with frequent reference to
actual practice in a variety of countries. Coverage includes:
I   the role of the tax adviser
I   tax planning techniques
I   international double taxation
I   transfer pricing; anti-avoidance rules
I   tax treaties, including discussion of the OECD and UN Model Treaties
I   emerging issues, such as e-commerce and harmful tax competition

Table of Contents:
Preface. Chapter 1. Introduction. Chapter 2. Jurisdiction to Tax. Chapter 3. Double
Taxation Relief. Chapter 4. Transfer Pricing. Chapter 5. Anti-Avoidance Measures.




                                                                                                 BOOKS
Chapter 6. Tax Treaties. Chapter 7. Emerging Issues. Glossary of International Tax
Terms. Selected Bibliography. Index.

October 2002, 174 pp., softcover
ISBN: 9789041188984
Price: EUR 71.00 / USD 96.00 / GBP 59.00




                                   www.kluwerlaw.com                                        35
Of Special Interest                                                         edited by
                                                                                      Victor Thuronyi
          Tax Law Design & Drafting


        This book examines the development of tax legislation from a comparative law perspective, an
        area in which very little of a general nature has previously been written. Based on the experience
        of the IMF Legal Department in assisting many developing and transition countries to draft tax
        legislation, it comprises contributions by tax experts from around the world.
        This useful guide aims to identify the legal issues that arise in the drafting of tax laws and to
        examine the various solutions which have been devised in national legislation. A comparative tax
        law bibliography and a bibliography of the national tax laws of IMF member countries are
        included in appendix.
        Its practical nature and the general scope of its discussion will make it a valuable tool not only
        for officials in developing and transition countries and their advisors, but also for students,
        academics and practitioners with an interest in comparative tax law.
        A two-volume paperback edition of this work was published by the IMF in 1996 and 1998.
        Table of Contents:
        Preface. Acknowledgements. Table of Tax Laws Cited. Introduction. Part 1. 1. Tax Legislative
        Process, Richard K. Gordon and Victor Thuronyi. 2. Legal Framework for Taxation, Frans
        Vanistendael. 3. Drafting Tax Legislation, Victor Thuronyi. 4. Law of Tax Administration and
        Procedure, Richard K. Gordon. 5. Regulation of Tax Professionals, Victor Thuronyi and Frans
        Vanistendael. 6. Value-Added Tax, David Williams. 7. VAT Treatment of Immovable Property,
        Sijbren Cnossen. 8. Excises, Ben J.M. Terra. 9. Tax on Land and Buildings, Joan M. Youngman.
BOOKS




        10. Taxation of Wealth, Rebecca S. Rudnick and Richard K. Gordon. 11. Social Security Taxation,
        David Williams. 12. Presumptive Taxation, Victor Thuronyi. 13. Adjusting Taxes for Inflation, Victor
        Thuronyi. Part 2. Introduction to the Income Tax. 14. Individual Income Tax, Lee Burns and
        Richard Krever. 15. The Pay-As-You-Earn Tax on Wages, Koenraad van der Heeden. 16. Taxation of
        Income from Business and Investment, Lee Burns and Richard Krever. 17. Depreciation,
        Amortization, and Depletion, Richard K. Gordon. 18. International Aspects of Income Tax, Richard
        J. Vann. 19. Taxation of Enterprises and Their Owners, Graeme S. Cooper and Richard K. Gordon.
        20. Taxation of Corporate Reorganizations, Frans Vanistendael. 21. Fiscal Transparency, Alexander
        Easson and Victor Thuronyi. 22. Taxation of Investment Funds, Eric M. Zolt. 23. Income Tax
        Incentives for Investment, David Holland and Richard J. Vann. Comparative Tax Law Bibliography.
        Bibliography of National Tax Laws of IMF Member Countries. Index. About the Authors.

        February 2000, 1200 pp., hardbound
        ISBN: 9789041197849
        Price: EUR 369.00 / USD 498.00 / GBP 306.00


         36                                       www.kluwerlaw.com
Backlist



European Tax Law – 5th edition
by Ben J. M. Terra & Peter J. Wattel
March 2008, 860 pp., hardbound
ISBN: 9789041127402
Price: EUR 140.00 / USD 185.00 / GBP 112.00

European Tax Law – 5th edition
Abridged Student edition
by Ben J.M. Terra & Peter J. Wattel
March 2008, 400 pp., softcover
ISBN: 9789041127419
Price: EUR 85.00 / USD 112.00 / GBP 68.00

Guide to Taxation of Sportspersons in
Certain Relevant Jurisdictions
edited by Garrigues Law Firm and TAXAND
Network
November 2008, 250 pp., hardbound
ISBN: 9789041127914
Price: EUR 60.00 / USD 79.00 / GBP 48.00

Tax Compliance Costs for Companies in an
Enlarged European Community
edited by Michael Lang
May 2008, 524 pp., hardbound
ISBN: 9789041126665
Price: EUR 160.00 / USD 211.00 / GBP 128.00
EUCOTAX Series on European Taxation 19

A Vision of Taxes within and outside
European Borders
edited by Luc Hinnekens & Philippe Hinnekens
January 2008, 1058 pp., hardbound              For information about other titles in the practice
ISBN: 9789041126405                            area of International taxation, please visit
Price: EUR 191.00 / USD 258.00 / GBP 158.00    www.kluwerlaw.com.



                                  www.kluwerlaw.com                                             37
Title Index



C                                                 G
China Master Tax Guide –                          Guide to Global Real Estate Investment
7th edition 2009/2010                     4, 10   Trusts. A Regulatory and Tax Perspective        4, 18
Comparative Income Taxation.                      Guide to International Transfer Pricing         3, 19
A Structural Analysis – 3rd edition       4, 11   Guide to Taxation of Sportspersons in
Cross-Border Enforcement of Claims in             Certain Relevant Jurisdictions                    37
the EU: History, Present and Future         12

                                                  H
D                                                 A Handbook of EU VAT Legislation                 4, 7
Directory of EC Case Law on Direct Taxation 13

                                                  I
E                                                 IFRS Manual of Accounting 2009                    37
ECJ VAT Yearbook 2009: VAT Decisions of           Individual’s Income under Double Taxation 3, 21
the Court of Justice of the European
Communities                                 14    International Exchange of Information
                                                  and the Protection of Taxpayers                 3, 22
EC Tax Review                                6
                                                  The International Tax Law Concept
Europe-China Tax Treaties                 4, 15   of Dividend                                     3, 23
European Direct Taxation: Case Law and            International Tax Primer - The Fundamental
Regulations – 2nd edition                 3, 16   Principles and Structure of International Tax     35
European Tax Law - 5th edition                    International Trust Laws and Analysis -
                                                  Company Laws, Wealth Management
F                                                 & Tax Planning Strategies                        4, 8

Fiscal Sovereignty of the Member States   3, 17   Interpretation of Double Taxation
                                                  Conventions - General Theory and Brazilian
                                                  Perspective                                       24
                                                  Intertax                                           5




38                                        www.kluwerlaw.com
K                                                   T
Klaus Vogel on Double Taxation                      Tax Amnesties                            3, 30
Conventions - A Commentary to the OECD,             Tax Compliance Costs for Companies
UN and U.S. Model Conventions for the               in an Enlarged European Community          37
Avoidance of Double Taxation of Income
and Capital. With Particular Reference to           Tax Law Design and Drafting                36
German Treaty Practice                        34    Tax Reform in the 21st Century             31
                                                    Transfer Pricing and the Arms’ Length
P                                                   Principle in International Tax Law       3, 32
Permanent Establishments.
A Domestic Taxation, Bilateral Tax Treaty           U
and OECD Perspective                        3, 25
                                                    UCITS and Taxation - Towards
Procedural Rules in Tax Law in the                  Harmonization of the Taxation of UCITS   4, 33
Context of European Union and
Domestic Law                                3, 26
                                                    V
                                                    A Vision of Taxes within and outside
Q
                                                    European Borders                           37
Quick Reference to EU VAT Compliance        4, 27


S
Schwarz on Tax Treaties                     4, 28
Structuring Foreign Investment in US
Real Estate                                  4, 9
Systems of General Sales Taxation:
Theory and Practice                           29




                                       www.kluwerlaw.com                                         39
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1761 taxation catalogue 2010 1761 taxation catalogue 2010

  • 1. From Kluwer Law International... International Taxation 2010 Includes 2008-2009 Order today by visiting www.kluwerlaw.com
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  • 4. New Titles Continued Europe-China Tax Treaties UCITS and Taxation edited by Michael Lang, Jianwen Liu & Towards Harmonization of the Taxation of Gongliang Tang UCITS May 2010, 320 pp., Hardcover, by Raymond P.C. Adema ISBN: 9789041132161 December 2009, 576 pp., hardbound, Price: EUR 130.00 / USD 176.00 / GBP 104.00 ISBN: 9789041128393 EUCOTAX Series on European Taxation 26 Price: EUR 130.00 / USD 172.00 / GBP 104.00 EUCOTAX Series on European Taxation 25 Quick Reference to European VAT Compliance Schwarz on Tax Treaties edited by Chris Platteeuw & by Jonathan Schwarz Pedro Pestana da Silva July 2009, 417 pp., softcover, March 2010, 808 pp., softcover, ISBN: 9789041131751 ISBN: 9789041128515 Price: EUR 156.00 / USD 206.00 / GBP 125.00 Price: EUR 208.00 / USD 281.00 / GBP 166.00 Structuring Foreign Investment in US Real Guide to Global Real Estate Investment Estate Online Trusts: A Regulatory and Tax Perspective by W. Donald Knight Jr. & Richard Andersen edited by Stefano Simontacchi & Uwe Stoschek October 2009, ISBN: 9888002175, February 2010, 584 pp., softcover, Online version now available at ISBN: 9789041128461 www.kluwerlawonline.com Price: EUR 265.00 / USD 358.00 / GBP 212.00 International Trust Laws & Analysis Online Comparative Income Taxation. by William H. Byrnes & Robert J Munro A Structural Analysis – 3rd Edition October 2009, ISBN: 9888002153, by Hugh J. Ault & Brian J. Arnold Online version now available at February 2010, 592 pp., hardbound, www.kluwerlawonline.com ISBN: 9789041132048 Price: EUR 130.00 / USD 176.00 / GBP 104.00 A Handbook of EU VAT Legislation Online by Rita de la Feria China Master Tax Guide 7th Edition September 2009, ISBN: 9888002159, 2009/2010 Online version now available at CCH www.kluwerlawonline.com January 2010, 626 pp., hardbound, ISBN: 9789041132307 Price: EUR 70.00 / USD 95.00 / GBP 56.00 4 www.kluwerlaw.com
  • 5. ELECTRONIC Intertax General Editor: Fred C. de Hosson JOURNALS International Tax Review For three decades it has provided 12 issues a year of practical, up-to-date, high-level international tax information. Intertax aims to enlighten the reader on transnational tax issues through the following: I Contributions from a global network of tax experts I Articles with essential information on both direct and indirect taxation in countries around the world I Reports on multinational tax developments emanating from organizations such as the WTO, the OECD, the United Nations, and the EC I Special regional coverage features – such as EC Tax Scene, US Tax Scene, and China Tax Scene – that offer concise overviews of the latest tax news in these areas I Special issues focusing on subjects of particular interest, such as abuse of law Intertax is essential reading for tax practitioners and academics who need a global opinion on direct and indirect taxation. 2011, Volume 39 (12 issues) ISSN: 0165-2826 Subscription rate: EUR 973.00 / USD 1298.00 / GBP 715.00 (Print) Subscription rate: EUR 901.00 / GBP 1201.00 / GBP 662.00 (Online) www.kluwerlaw.com 5
  • 6. EC Tax Review edited by Ben J. Kiekebeld, JOURNALS Ernst & Young Tax Adviser, The Netherlands EC Tax Review provides up to date coverage of developments in Community tax law as it affects member states. Publishes six times a year, it provides comprehensive and timely analysis enabling you to anticipate the effect of U tax law on the regime in your country. EC Tax Review offers the following features: I Exclusively dedicated to EU tax development, the harmonization of taxation and the implementation of EC tax laws into national legislation I Detailed coverage of direct and indirect taxation and social security from a legal and economic perspective I Key cases from the European Court of Justice and important national cases I Directs you to relevant literature from respective EU member states I A first-class editorial board I Articles are selected from local experts from member states and Brussels The quality, timeliness and diversity of its articles make EC Tax Review essential reading for the European tax lawyer, practitioner, consultant, academic, or accountant. 2011, Volume 20 (6 issues) ISSN: 0928-2750 Subscription rate: EUR 512.00 / USD 683.00 / GBP 376.00 (Print) Subscription rate: EUR 474.00 / USD 632.00 / GBP 349.00 (Online) This journal is also available online at www.kluwerlawonline.com Please contact our sales department for further information at +31 (0)172 641 562 or at sales@kluwerlaw.com 6 www.kluwerlaw.com
  • 7. NOW ALSO AVAILABLE ONLINE by Rita de la Feria A Handbook of EU VAT Legislation A Handbook of EU VAT Legislation provides annotated texts of all EU VAT legislative instruments, including directives, amendments, derogations, ancillary legislation, and regulations. Texts are mostly in English, though a few are in French in those cases where an official English version is not available. Where legislation has been amended, the version presented is always the consolidated version. The author’s notes augment this comprehensive documentary material with commentary that LOOSE-LEAFS encompasses such matters as European Court of Justice VAT cases; Legislation no longer in force; and, Legislation in preparation (proposals from the European Commission). Useful tables include a chronological index of all EU VAT legislation; tables of all relevant European Court of Justice cases arranged both by case number and by legislative provision; VAT rates tables, both country-by-country and also by specific goods and services; a table of VAT terminology in all the languages of the EU; and a list of Web sites that offer information on both the EU VAT system and VAT in the various Member States. A Handbook of EU VAT Legislation gives you country-by-country coverage of VAT systems and rates, derogations, terminology, and much more in each of the 24 EU Member States: Austria. Belgium. Bulgaria. Cyprus. Czech Republic. Denmark. Estonia. Finland. France. Germany. Greece. Hungary. Ireland. Italy. Latvia. Lithuania. Luxembourg. Malta. Netherlands. Poland. Portugal. Romania. Slovakia. Slovenia. Spain. Sweden. United Kingdom. Plus, in future supplements, full coverage of EU VAT developments in each of the countries expected to join the EU at a later stage, such as: Croatia and Turkey. “Rita de la Feria is to be congratulated on producing such an excellently researched work, one which I have no hesitation in recommending to those interested in the area of indirect taxation.” Jim Somers, Partner, Head of Indirect Tax Services, Ernst & Young “Every indirect tax practitioner should have access to this work. Many will find it an indispensable reference tool.” Anthony McClenaghan, VAT Global Partner, Deloitte & Touche Loose-leaf, 3 volumes and regularly supplemented First published July 2004 ISBN: 9789041122421 Price: EUR 550.00 / USD 743.00 / GBP 440.00 The online version of this publication is available at www.kluwerlawonline.com. www.kluwerlaw.com 7
  • 8. NOW ALSO AVAILABLE ONLINE by William H. Byrnes & International Trust Laws and Analysis Robert J. Munro Company Laws, Wealth Management, & Tax Planning Strategies International Trust Laws and Analysis provides all the legal, tax, and estate-planning intelligence necessary for professional advisers to recommend offshore jurisdictions to their clients – as well as the tools to establish and operate trusts in compliance with all applicable rules and regulations. The full text of the trust laws of 60 countries is included with clear, concise comparison charts aimed at reducing research time. The 29 vital elements of each jurisdiction's laws are analyzed in detail: 1. Legislative Background 2. Formation 3. Exempt Tax Status 4. Minimum Assets 5. Residency LOOSE-LEAFS Requirement 6. Registration 7. Revocable or Irrevocable; Void or Voidable 8. Settlor as Beneficiary 9. Perpetuity Period 10. Wait and See Provision 11. Accumulations 12. Beneficiaries 13. Trustees and Trustee Companies 14. Enforcers 15. Protectors 16. Confidentiality Rules 17. Financial Disclosure 18. Redomiciliation 19. Government and Private Fees 20. Exchange Control 21. Tax Treaties 22. Restrictions 23. Asset Protection 24. Fraudulent Dispositions 25. Time Limit to Bring Suit 26. Foreign Court Awards 27. Forced Heirship 28. Other Types of Trusts 29. Government Control. This major reference work is a definitive guide to the formation of offshore trusts. The mainwork has been completely been updated with all latest country information and new legislation. The work will be kept-up-to-date through quarterly supplements: I Tracking key changes and developments in foreign trust laws and practices I New analytical information will be included on: • prominent trust and company case law • company law • wealth management • tax planning Countries included: Andorra. Anguilla. Antigua and Barbuda. Aruba. Australia. Austria. Bahamas. Barbados. Belize. Bermuda. British Virgin Islands. Brunei. Cayman Islands. China. Cook Islands. Costa Rica. Cyprus. Dominica. Gibraltar. Grenada. Guernsey. Hong Kong. Ireland. Isle of Man. Israel. Jersey. Labuan. Liechtenstein. Macau. Madeira. Malaysia. Malta. Marshall Islands. Mauritius. Monaco. Montserrat. Nauru. Netherlands Antilles. Nevis. New Zealand. Niue. Panama. Prince Edward Island. Russia. St. Kitts. St. Lucia. St. Vincent and Grenadines. Samoa. Seychelles. Singapore. Switzerland. Turks and Caicos Islands. United Kingdom. United States (Alaska, California, Colorado, Delaware, Montana, Nevada, New York, Rhode Island). Vanuatu. Hague Convention on Trusts (includes Netherlands, Portugal, Italy, France, Belgium, Spain, Luxembourg, etc.). Loose-leaf, 7 volumes First published June 2001 and updated three times a year. ISBN: 9789041198303 Price: EUR 1,170.00 / USD 1,580.00 / GBP 936.00 This loose-leaf publication was relaunched in September 2009 with updates scheduled for up to 4 times a year. The online version is now available at www.kluwerlawonline.com. 8 www.kluwerlaw.com
  • 9. NOW ALSO AVAILABLE ONLINE by W. Donald Knight Jr. Structuring Foreign Investment & Richard Andersen in US Real Estate This timely and highly practical resource is designed to explore the considerations that are of unique concern to foreign individuals and entities making US real estate investments. To that end it details the US income, estate and gift tax aspects of inbound investment in US real property and the various structural techniques that may be employed to reduce or eliminate US tax liability under these domestic laws. This work's single-minded focus on real estate, the encyclopedic coverage of relevant tax considerations, and extensive materials on non-tax issues LOOSE-LEAFS (asset protection, non-tax reporting, limits on foreign ownership of U.S, real estate, etc.) make it an essential resource for non-US investors and their advisers. Structuring Foreign Investment in US Real Estate covers: I General rules for taxing inbound investments by non-US persons I System for taxing operating income from foreign-owned US real estate I Regime for taxing dispositions of US real estate by non-US owners I Withholding obligations of purchasers of US real estate from non-US sellers I Impact of tax treaty network on US taxation of inbound real estate investment I Limitations on non-US ownership of US real estate I Reporting obligations for non-US owners of US real estate I Planning for acquisitions and dispositions of US real estate by non-US persons I Estate and gift tax planning for foreign-owned US real estate This one-volume loose-leaf answer questions, such as: I How is direct foreign investment in US real estate taxed? I How is portfolio investment in US real estate taxed? I What are the seller’s and buyer’s tax obligations when foreign-owned US real estate changes hands? I What planning techniques are available to non-US persons for holding and disposing of US real estate? I What reporting obligations are associated with foreign ownership of US real estate? I Are there limitations on the ability of non-US persons to own US real estate? I What impact do tax treaties have on planning for foreign investment in US real estate? I What state and local tax issues arise on inbound investment in US real estate? I What estate and gift planning should be done for non-US owners of US real estate? January 2009, Loose-leaf, 1 volume ISBN: 9789041128102 Price: EUR 325.00 / USD 439.00 / GBP 260.00 The online version of this publication is available at www.kluwerlawonline.com. www.kluwerlaw.com 9
  • 10. NEW CCH China Master Tax Guide 7th Edition 2009/2010 China can seem complex for market entrants; but now it’s easy to be sure-footed. CCH’s China Master Tax Guide 2009/10 – with its unbeatable combination of up-to-date, step-by-step guidance and crystal-clear graphic treatment of procedural detail – lays out the law of China taxation in clear, non-academic English, making it the fastest, easiest way for practitioners to ensure the speediest progress and the most favorable outcome in China tax matters. The Guide is expertly authored by the professionals at Deloitte Touche Tohmatsu, who use their on-the-ground experience to make the book truly useful for day-to-day work. Highlighting recent changes in the revenue laws, the Guide offers expert guidance through tax legislation and circular references, revised tax rates for existing and newly introduced tax categories, and a list of the double tax treaties which China has ratified with other countries. Accountants and business and tax lawyers will depend on the Guide to find out: I exactly what tax applies to whom under what circumstances; I how to calculate specific tax liabilities; I how unsettled tax issues have been and are currently interpreted; and I when necessary, how to proceed and in what forum. . . . and much more. To support its superb information base and expert guidance, the Guide is: BOOKS I completely up-to-date, including analysis of the formidable new Enterprise Income Tax Law; I packed with worked examples highlighting issues that arise in practice; and I superbly indexed and organised for quick answers. It goes without saying that, as always with CCH’s Master Tax Guides, the Guide provides matchless analysis of relevant legislation – covering direct and indirect taxes, payment, objection, appeal, all the essential issues – as well as such practical details as tax rates, deadlines, and administrative procedures, all collated in a user-friendly, at-a-glance format. And all in plain, easy-to-follow English. January 2010, 626 pp., hardbound, ISBN: 9789041132307 Price: EUR 70.00 / USD 95.00 / GBP 56.00 10 www.kluwerlaw.com
  • 11. NEW by Hugh J. Ault & Comparative Income Taxation Brian J. Arnold A Structural Analysis 3rd Edition The purpose of this book is to compare different solutions adopted by nine industrialized countries to common problems of income tax design. As in other legal domains, comparative study of income taxation can provide fresh perspectives from which to examine a particular national system. Increasing economic globalization also makes understanding foreign tax systems relevant to a growing set of transnational business transactions. Comparative study is, however, notoriously difficult. Full understanding of a foreign tax system may require mastery not only of a foreign language, but also of foreign business and legal cultures. It would be the work of a lifetime for a single individual to achieve that level of understanding of the nine income taxes compared in this volume. Suppose, however, that an international group of tax law professors, each expert in his own national system, were asked to describe how that system resolved specific problems of income tax design with respect to individuals, business organizations, and international transactions. Suppose further that the leaders of the group wove the resulting answers into a single continuous exposition, which was then reviewed and critiqued by a wider group of tax teachers. The resulting text would provide a convenient and comprehensive introduction to foreign approaches to income taxation for teachers, students, policy-makers and practitioners. That is the path followed by Hugh Ault and Brian Arnold and their collaborators in the BOOKS development of this fascinating book. Henceforth, a reader interested in how other developed countries resolve such structural issues as the taxation of fringe benefits, the effect of unrealized appreciation at death, the classification of business entities, expatriation to avoid taxes, and so on, can turn to this volume for an initial answer. This book should greatly facilitate comparative analysis in teaching and writing about taxation in the US and elsewhere. February 2010, 592 pp., hardbound, ISBN: 9789041132048 Price: EUR 130.00 / USD 176.00 / GBP 104.00 www.kluwerlaw.com 11
  • 12. Cross Border Enforcement of by Mikael Berglund Claims in the EU: History, Present Time and Future This book focuses on preventive security arrangements and precautionary measures that offer creditors the widest possible assurance of obtaining an enforceable cross border title of execution and recovering claims in the event of non-payment by the debtor – all while adhering closely to such guiding principles as efficiency, legal certainty, predictability, and the establishment of a proper balance between the interests of the claimant and the defendant. The author pays close attention to relevant factors as the following: I the debtor’s privacy interest, the creditor's efficiency interest, legal principles of non- discrimination, proportionality, territoriality, universality, and mutuality; I the role of regulated enforcement and recovery agents; I a foreign State’s immunity against civil execution measures; I recognition and enforceability of titles of execution; I interim measures; I grounds of non-recognition or refusal and other obstacles to enforcement or recovery; I periods of limitation; I enforcement of a contested claim; I appeals; I costs and repayment; I referral provisions to national laws; I access to information for enforcement purposes in the international context; I the possible alternative to cross border enforcement of claims, international insolvency; I disqualification orders for non-serious or illegal business activity. BOOKS The analysis considers the provisions of applicable legal instruments, including the Brussels I Regulation, the European Enforcement Order for Uncontested Claims, the European Order for Payment Procedure, the European Small Claims Procedure, the Nordic Convention on Recognition and the Enforcement of Judgments in Civil Matters, the New York Convention on Foreign Arbitral Awards, the European Convention on Human Rights, the European State Immunity Convention, and the Vienna Conventions on Diplomatic and Consular Relations, as well as EC law on tax claims, the Recovery Directive, the OECD Convention on Mutual Administrative Assistance in Tax Matters, the Nordic Agreement on Assistance in Tax Matters, and EC law and conventions on insolvency. Case law at every level, including ECHR and ECJ case law, is drawn on liberally. No other work on the cross border enforcement of contractual money law claims and tax law claims in the EU has anything like the depth and breadth of this analysis. March 2009, 396 pp., hardbound ISBN: 9789041128614 Price: EUR 130.00 / USD 172.00 / GBP 104.00 European Monographs 65 12 www.kluwerlaw.com
  • 13. by Directory of EC Case Law on René Barents Direct Taxation EC tax practitioners often find it difficult to locate specific references to precise subjects in the case law. Applying the approach he successfully employed in Kluwer's Directory on EC Case Law on Competition and Directory on EC Case Law on State Aids, René Barents overcomes that difficulty by presenting a collection of case law extracts sorted by key subject areas under the following major topics: I Fiscal Sovereignty and Community Law; I Direct Taxation and Free Movement; I Restrictions on Free Movement by Tax Measures; I Restrictions Resulting from Disparities between National Tax Systems; I Comparable and Incomparable Tax Situations; I Justifications of Restrictions on Free Movement by Direct Taxation; I Free Movement and Direct Taxation of Natural Persons; and I Free Movement and Direct Taxation of Companies and Shareholders. Given this directory's streamlined accessibility to the relevant case law, EC tax specialists will refer to it often and quickly classify it as an indispensable resource. March 2009, 236 pp, hardbound ISBN: 9789041127976 Price: EUR 150.00 / USD 198.00 / GBP 120.00 BOOKS www.kluwerlaw.com 13
  • 14. ECJ VAT Yearbook 2009: VAT by Stephen Dale & Decisions of the Court of Wilbert Justice of the European Nieuwenhuizen Communities 1974-2008 Strictly speaking, the primary purpose of the European Court of Justice (ECJ) is to interpret the meaning of European Union (EU) treaties and directives and to make sure they’re applied uniformly across the member union. In practice, the ECJ has become a major driver of European economic integration through its rulings in the area of taxation like those dealing with the value added tax (VAT). EU VAT practitioners demand a constantly updated appreciation of the ins-and-outs of related controversies in order to properly safeguard the interests of their clients. These professionals must also contend with the complexity introduced by the interplay of Community and national law. This book provides an accessible resource directly addressing each of these concerns. The structure of this highly useful resource is based on the focus of the relevant ECJ cases, and hence on the structure of the new (and old) Sixth VAT Directive. Coverage of each decision provided includes the following: I Summary of ruling; I Summary of facts; I Most significant portion of ruling; and I Whenever practical, relevant tax planning and compliance guidance. BOOKS August 2009, 750 pp., softcover, including CD-ROM ISBN: 9789041131393 Price: EUR 140.00 / USD 185.00 / GBP 112.00 14 www.kluwerlaw.com
  • 15. NEW edited by Michael Lang, Europe-China Tax Treaties Jianwen Liu & Gongliang Tang The book is the result of a joint research project on the tax treaties concluded between the People’s Republic of China and European countries. Each chapter carefully analyses the extent to which Chinese tax treaties follow the OECD Model Tax Convention on Income and Capital and the UN Income and Capital Model Convention. The focus is on the different policy decisions underlying the various provisions. Additionally, the contributions analyse the extent to which Chinese tax treaty policy differs with respect to EU and non-EU Member States. They also highlight relevant policy changes over time. The fact that each contribution is the product of the collaboration between European and Chinese researchers and includes the results of the International Conference on Europe - China Tax Treaties Research, held in March 2009 in Beijing, serves to enrich its analysis. Among the topics covered are the following: I Treaty Entitlement (Articles 1, 4 and 24 OECD Model) I Business Profits (Articles 5, 6, 7, 8, 9, and 14 OECD Model) I Passive Income (Articles 10, 11, and 12 OECD Model) I Capital Gains (Article 13 OECD Model) I Employment Income (Articles 15, 16, 18, 19, and 20 OECD Model) I Artistes and Sportsmen (Article 17 OECD Model) I Methods to Avoid Double Taxation (Article 23 OECD Model) BOOKS I Non-Discrimination (Article 24 OECD Model) I Mutual Agreement, Exchange of Information and Mutual Assistance in the Collection of Taxes (Articles 25, 26 and 27 OECD Model) May 2010, 320 pp., Hardcover, ISBN: 9789041132161 Price: EUR 130.00 / USD 176.00 / GBP 104.00 EUCOTAX Series on European Taxation 26 www.kluwerlaw.com 15
  • 16. NEW European Direct by Dennis Weber Taxation: Case Law and Regulations 2nd Edition Practitioners and researchers with an on-going interest in European direct taxation require ready access to applicable case law and regulations. But access is inadequate if the materials are not well organized and kept current on reliable basis. The key features of this highly useful work are designed to address many of the most common research needs of professionals involved in the field of European direct taxation: I Includes summaries of all judgments − and pending cases – of the Court of Justice of the European Union covering direction taxation, organized in a thematic fashion. Also features chronological, alphabetical, and case number lists as well as a subject index. I Provides consolidated, up-to-date versions of all pertinent regulations as well as relevant working papers and communications of the European Commission. Based on his well earned reputation as a tax expert, the editor Prof. Dr. Dennis M. Weber also reviewed the relevant working papers, Commission communications, etc., and selected the most pertinent to practitioners and researchers for inclusion in this indispensable, time-saving resource. June 2010, 1560 pp., softcover, BOOKS ISBN: 9789041133366 Price: EUR 99.00 / USD 134.00 / GBP 79.00 The online version of this title will be shortly available at www.kluwerlawonline.com. 16 www.kluwerlaw.com
  • 17. NEW Fiscal Sovereignty of the edited by Sjaak Jansen Member States in an Internal Market: Past and Future Although EU member states have retained national sovereignty in tax matters, a consistent line of decisions by the European Court of Justice requires them to exercise these powers consistent with superseding Community law. In other words, the member states are not wholly autonomous. And this in turn creates serious tensions. This timely resource covers a variety of critical issues including the current and possible future effects of the internal market on the fiscal sovereignty of member states; the limits that European law impose on member states’ policy sovereignty in matters of international tax law; the affect of European law on taxes levied by local authorities; and the consequences the Treaty of Lisbon may have for member states’ fiscal sovereignty. Forthcoming October 2010, 352 pp., hardbound ISBN: 9789041134035 Approximate Price: EUR 127.00 / USD 172.00 / GBP 102.00 BOOKS www.kluwerlaw.com 17
  • 18. NEW edited by Guide to Global Real Stefano Estate Investment Trusts: A Simontacchi & Uwe Stoschek Regulatory and Tax Perspective The global listed property sector has been characterized by a variety of noteworthy developments over the recent past, the proliferation of real estate investment trust- type structures in countries around the world key among them. Despite an uncertain economic environment, REITs have proven their ability to promote institutional real estate investments in global financial markets. This highly practical book features a comprehensive analysis of both the legal and tax underpinnings of REIT-friendly legislation in a variety of the world’s most significant jurisdictions. With regard to the legal framework, the structure and functioning of a REIT is carefully investigated and explained. In terms of tax issues, the book focuses on such key issues as I REIT formation; I operation and liquidation; I mergers, acquisitions and dispositions; I as well as planning for public and private REIT offerings and re-securitizations. REITs are inherently complex and their interplay with tax treaties further compounds the complexity. This highly accessible yet authoritative work is the perfect decision making tool for any professional looking for perspective and guidance on the BOOKS challenges and opportunities REITs engender. February 2010, 584 pp., softcover, annual manual ISBN: 9789041128461 Price: EUR 265.00 / USD 358.00 / GBP 212.00 The online version of this publication is available at ww.kluwerlawonline.com. 18 www.kluwerlaw.com
  • 19. NEW edited by Ceteris US, LLP Guide to International Transfer Pricing The pricing of goods and services within a multi-divisional organization, particularly in regard to cross-border transactions, has emerged as one of the most contentious areas of international tax law. This is due in no small measure to the rise of transfer pricing regulations as governments seek to stem the flow of tax revenue overseas, making the issue one of great importance to multinational corporations. This thoroughly practical work provides guidance on an array of critical transfer pricing issues. The guide’s relevance is further enhanced by the inclusion of 11 country chapters covering domestic transfer pricing issues in a variety of key national jurisdictions. Table of contents: Part One 1. Overview and best practices 2. The OECD guidelines. Part Two – Country Reports 1. Importance of transfer pricing to multinational companies operating in the country 2. Regulatory framework 3. Determining the appropriate inter-company price 4. Developing support for actual pricing 5. Hot topics/Special considerations in local country transfer pricing 6. Local country administrative practices 7. Significant transfer pricing litigation 8. Country-specific planning opportunities Appendices - Transfer Pricing Implementation Checklist - Country Rules Summary. The following countries are profiled in the premiere edition: • Argentina • Australia BOOKS • Belgium • Brazil • Canada • France • Germany • Israel • Mexico • United Kingdom • United States September 2010, softcover, annual manual ISBN: 9789041131218 Price: EUR 260.00 / USD 350.00 / GBP 207.00 The online version of this title will be shortly available at www.kluwerlawonline.com. www.kluwerlaw.com 19
  • 20. IFRS Manual of Accounting – edited by PricewaterhouseCoopers 2009 UK The IFRS Manual of Accounting - 2009 is the revised and updated global guide to IFRS. It provides expert practical guidance on all the IFRSs issued by the International Accounting Standards Board (IASB). Key changes include revision of all chapters for implications of the IFRS annual improvements project issued in May 2008, impacting 20 standards with effective dates starting from 1 January 2009 This manual now comprises two publications. The supplement, Understanding New IFRSs for 2009, contains guidance on the standards that will come into force but can be early adopted: I IAS 1 (revised), ‘Presentation of financial statements’ I IFRS 8, ‘Operating segments’ I IAS 27 (revised), ‘Consolidated and separate financial statements’ I IFRS 3 (revised), ‘Business combinations’ The package contains the following elements I The IFRS Manual of Accounting I Understanding New IFRSs for 2009 (Global edition) January 2009, hardbound, 2–volume set BOOKS ISBN: 9789041128829 Price: EUR 119.00 / USD 157.00 / GBP 95.00 Co-publication with CCH UK No sales rights in the US and France 20 www.kluwerlaw.com
  • 21. NEW Individuals' Income by Daniel Bellan under Double Taxation Conventions A Brazilian Approach Tax conventions (or tax treaties) provide a means of settling on a uniform basis the most common problems that arise in the field of international double taxation. Brazil has over two dozen such conventions in force. This number might seem small but the country will inevitably enter into more such treaties given its economic growth, foreign investments and economic globalization in general. Two highly practical aspects form the basis of the book’s analysis: interpretation and qualification under international tax law; and Brazil’s income tax on individuals. The author employs those starting points to tackle such thorny questions as: Is there coherence in the legal regime that is applicable to individuals’ income in double taxation treaties? Is this “system” for individuals consistent? Is it in accordance with Brazilian constitutional principles? Professionals dealing with Brazil’s tax regime will quickly find this work instructive, insightful and thought-provoking. September 2010, 525 pp., hardbound ISBN: 9789041132789 Approximate Price: EUR 127.00 / USD 172.00 / GBP 102.00 BOOKS www.kluwerlaw.com 21
  • 22. International Exchange of by Tonny Schenk Information and the Protection of Taxpayers In an increasingly globalized world economy, the OECD, UN, as well as the EU consider cooperation between States as a crucial instrument to achieve different, but related tax-related goals, ranging from the correct and fair levying of taxes to the ‘battles’ against harmful tax competition, bank secrecy, money laundering, and recently even against corruption and international terrorism. To meet these expectations the international rules on the subject have changed considerably during the last three or four years. The focus of this work is the legal position of the taxpayer in the exchange of tax- related information between States. In that regard the book addresses four main questions: I When exchanging information, do States have a legal duty to protect the interests of their internal taxpayers/suppliers of information, apart from the obligation to protect the interests of the contracting States? I If the last question is answered in the affirmative, can this duty be fulfilled under the current rules concerning the international exchange of information? I Within this framework, what are the interests of States and taxpayers to be weighed? I How can the legal protection of taxpayers supplying information be best achieved? BOOKS August 2009, 340 pp., hardbound ISBN: 9789041131423 Price: EUR 130.00 / USD 172.00 / GBP 104.00 EUCOTAX Series on European Taxation 24 22 www.kluwerlaw.com
  • 23. NEW by Marjaana Helminen The International Tax Law Concept of Dividend The distribution of profits between corporations resident in different jurisdictions gives rise to significant tax planning opportunities for multinational enterprises. As cross-border transactions between corporations grow in number and complexity, the question of how a profit distribution is classified for corporate income tax purposes becomes increasingly important, particularly in the context of issues such as double taxation, non-taxation and tax neutrality. This unique and practical work covers the rules determining which transactions may be classified and therefore taxed as dividend income and how classification conflicts may be resolved. The author examines the classification of various inter-corporate transactions, including: I Payments made under dividend-stripping arrangements. I Fictitious profit distributions. I Economic benefits in the context of transfer pricing. I Returns on debt-equity hybrids. I Interest payments in thin capitalization situations and distributions following liquidation. The analysis of each transaction refers to international tax law. Most weight is given to tax treaties and EU tax law. The approaches adopted in different states’ national tax law are covered by a more general analysis. The comprehensive coverage and practical nature of The International Tax Law Concept of Dividend make it an essential BOOKS acquisition for tax practitioners, researchers and tax libraries worldwide. July 2010, 304 pp., hardbound ISBN: 9789041132062 Price: EUR 130.00 / USD 176.00 / GBP 104.00 Series on International Taxation 36 www.kluwerlaw.com 23
  • 24. Interpretation of Double by Sergio André Rocha Taxation Conventions General Theory and Brazilian Perspective Over the last several years there's been a marked increased in the number of tax treaties entered into by Brazil. Although the impact of this trend on both lawyers and taxpayers has not yet fully emerged, this work provides valuable assistance in clarifying a number of its key effects. The author brings a unique perspective to the need to increase international trade and investment between Brazil and other countries by reducing double taxation of income. Thus, income tax treaties are presented as useful tools in establishing appropriate tax rules for a variety of international trade practices which in the past lacked clear and uniform legislation that would ensure reasonable and efficient taxation. The author also provides a lucid and very informative description of the history of income tax treaties, and offers an insightful discussion of the relationship between these treaties and internal Brazilian law. The integration of the world’s economies, and Brazil’s increasing reach into many markets until recently unexplored by its business community, gives particular importance to the author's analysis of the mechanisms for the interpretation and application of income tax treaties, particularly in connection with the resolution of international tax disputes. In sum, this work will quickly prove indispensable to professionals concerned with the interpretation and implementation of Brazil's double taxation conventions. BOOKS February 2009, 284 pp, hardbound ISBN: 9789041128225 Price: EUR 130.00 / USD 172.00 / GBP 104.00 Series on International Taxation 32 24 www.kluwerlaw.com
  • 25. NEW Permanent edited by Ekkehart Reimer, Establishments. A Domestic Stefan Schmid & Nathalie Urban Taxation, Bilateral Tax Treaty and OECD Perspective Permanent Establishments. A Domestic Taxation, Bilateral Tax Treaty and OECD Perspective is a two- part guide offering you expert analysis and guidance on PEs as an increasingly important factor in I Tax planning I Tax accounting I Tax compliance I Related tax risk management This first edition includes analysis of the latest OECD-related developments in the context of Articles 5 and 7 of the OECD Model Tax Convention (2010 update). PART 1 discusses whether there is a PE, and if so, how much profit should be allocated to it. Plus I Taxation of business profits I Policy perspectives. I Tax planning PART 2 focuses on country-specific PE profiles designed to facilitate your decision-making allowing you to compare and contrast critical PE-related data over an array of national jurisdictions. Basic principles I Relevance of permanent establishments I Key features of taxation I Legal principles and resources I Ruling practice Definition of permanent establishment I According to domestic law I Discrepancies between domestic law and I Double taxation treaties tax treaties BOOKS I Special cases I Practical approach Profit allocation I Applicability of allocation method I Details on losses I Mechanism of the direct allocation method I Practical considerations I Mechanism of the indirect allocation method I Summary and outlook I Details on the shift of assets or functions Countries covered: Germany, Hungary, India, Italy, Japan, Netherlands, Russia, Spain, Sweden, Switzerland, United Kingdom, United States. August 2010, softcover, annual manual ISBN: 9789041131232 Price: EUR 260.00 / USD 350.00 / GBP 208.00 The online version of this title will be shortly available at www.kluwerlawonline.com. www.kluwerlaw.com 25
  • 26. NEWProcedural Rules in Tax edited by Michael Lang, Law in the Context of European Pasquale Pistone, Josef Schuch & Union and Domestic Law Claus Staringer European Union law barely deals with procedural questions even though they’re essential for proper implementation of European Union law. The European Court of Justice has developed procedural principles in its rulings which also affect proceedings before national authorities. This is due to the fact that the principle of procedural autonomy of the Member States finds its limits where European Union law might be infringed. Therefore, domestic procedural principles and rules of the EU countries need to be interpreted in the context of European Union law requirements. This timely work seeks to identify the differences between the domestic procedural rules and principles of an array of EC and non-EC countries and analyze them in the context of Community law requirements. Specific attention is paid to the impact of State aid rules on procedural law in tax matters, on constitutional law requirements as well as tax treaty law issues. Since customs law is already harmonized in the form of the Community Customs Code, it serves as a starting point to examine the extent to which harmonized procedural law is possible. Harmonized procedural law is also discussed in the context of a possible future Common Consolidated Corporate Tax Base as well as an EU tax levied at the Community level. Forthcoming October 2010, 700 pp., hardbound BOOKS ISBN: 9789041133762 Approximate Price: EUR 127.00 / USD 172.00 / GBP 102.00 26 www.kluwerlaw.com
  • 27. NEW edited by Chris Platteeuw & Quick Reference to European Pedro Pestana da Silva VAT Compliance Quick Reference to European VAT Compliance provides highly practical content including timely, country-specific profiles and field tested insights, prepared by experts at Deloitte’s highly regarded European Indirect Tax Compliance Centre. Quick Reference to European VAT Compliance is designed to provide the information necessary to deal with common compliance challenges by way of a format that allows readers to readily locate pertinent guidance when needed. Wherever possible, each section of the Guide is designed to stand on its own so it can be consulted without the need to read additional content. Quick Reference to European VAT Compliance distills the problem-solving process by anticipating the relevant challenges and providing reliable guidance. Quick Reference to European VAT Compliance is designed around two major sections: I Overview (16 chapters) of how the various VAT systems in Europe work, particularly from a compliance perspective; I Detailed country-specific VAT compliance profiles covering 30 nations. The book also includes a CD-ROM featuring key VAT reporting forms for each country profiled and a variety of additional helpful documentation. March 2010, 808 pp., softcover, annual manual ISBN: 9789041128515 BOOKS Price: EUR 208.00 / USD 281.00 / GBP 166.00 The online version of this publication is available at www.kluwerlawonline.com. This online version has quarterly updates. www.kluwerlaw.com 27
  • 28. NEW by Jonathan Schwarz Schwarz on Tax Treaties This new definitive analysis of tax treaties provides comprehensive commentary on the interpretation and practical application of OECD model and non standard treaties by the UK courts as well as treaty interaction with EU law. The definitive analysis of tax treaties with comprehensive commentary on their interpretation and practical application as well as interaction with EC and UK tax law benefiting from the author's extensive experience in this area of tax. I Authoritative – benefit from the author’s extensive experience of this area I Comprehensive- detailed exposition of tax treaties from a UK perspective I Unique- the only book dedicated to explaining the UK tax treaty network I Up to date- the latest UK and EC tax treaty developments and the 2008 OECD Model Convention The ideal companion to CCH’s Annotated Tax Treaties 2008-09 – combines the full database of treaties with in-depth commentary for easy access to all the information a tax adviser needs to effectively solve cross-border transactions. The author – Jonathan Schwarz BA LLB LLM FTII, is a practicing Barrister and recognised authority on international tax. This extensively updates and expands on his 2001 book – Tax Treaties: United Kingdom Law and Practice’ including the latest developments. An indispensable guide to the UK treaty network and related law for BOOKS tax practitioners. Co-publication with CCH UK July 2009, 417 pp., softcover ISBN: 9789041131751 Price: EUR 156.00 / USD 206.00 / GBP 125.00 28 www.kluwerlaw.com
  • 29. Systems of General Sales by Robert F. van Taxation: Theory Policy and Brederode Practice Sales taxes − including gross receipt taxes, retail sales taxes and value added taxes − are a key part of the fiscal revenue of many countries. Given an increasingly global economy − and the recent stresses to which it's been subjected − many issues come into play in connection with the legal, tax policy and economic implications presented by the taxation of international transactions. This thoughtful work begins with the basics and approaches sales taxation from a number of different aspects. It provides in-depth economic analysis (for non- economists) of all the taxes covered, including tax shifting, tax incidence, the economic effect of reduced rates and exemptions, tax accumulation, regressivity, and the Laffer curve approach. In addition, it offers a tax policy approach in regard to specific economic sectors such as the treatment of small enterprises, financial services, and real property. This highly useful reference employs a comparative focus as well, especially where US sales tax is contrasted to EU VAT (e.g., in regard of e-commerce and the treatment of capital goods). Last but not least, the work offers insightful legal analysis in such key areas as cross-border transactions and US constitutional restraints. August 2009, 392 pp., hardbound ISBN: 9789041128324 BOOKS Price: EUR 140.00 / USD 185.00 / GBP 112.00 Series on International Taxation 33 www.kluwerlaw.com 29
  • 30. NEW edited by Jacques Malherbe Tax Amnesties The controversial assumption that underlies tax amnesties is that, at least in some situations, it is preferable to sacrifice the penalties for past non-compliance (and perhaps even the tax owing itself) in exchange for improved compliance in the future. Some commentators argue that tax amnesties actually undermine future compliance because some taxpayers may be encouraged to engage in non-compliance in anticipation of a future tax amnesty. Consequently, tax amnesties must be designed and implemented cautiously from a public policy perspective. The scope of this highly relevant book is impressive. It covers the experience with tax amnesties of a variety of countries, deals with the constitutionality, morality, and economic effects of tax amnesties, and discusses the compatibility of tax amnesties with international agreements, in particular, the Treaty of the European Community. As the renowned international tax expert Brian Arnold observes in the work’s foreword: “The book is an important contribution to the literature on tax amnesties, as there is no comparable source dealing with the topic... It is timely because the elimination of bank secrecy and the proliferation of Tax Information Exchange Agreements with tax havens have led several countries to adopt tax amnesty programs. The book should be required reading for tax practitioners, scholars, and tax policy officials.” BOOKS Forthcoming October 2010, hardbound ISBN: 9789041133649 Approximate Price: EUR 127.00 / USD 172.00 / GBP 102.00 30 www.kluwerlaw.com
  • 31. Tax Reform in the 21st Century edited by Richard Krever & A Volume in Memory of Richard Musgrave John G. Head No government can be sustained without the ability to tax its citizens. The question then arises how can a nation do so in a way that’s fair and equitable to taxpayers while simultaneously promoting economic growth and providing the state with the funds it needs to adequately address the needs of its citizens? This insightful work, featuring contributions from a stellar array of international tax experts and economists, addresses the crucial, relevant issues which developed countries will confront in the early decades of the 21st century: I The pursuit of tax reform. I Personal tax base: income or consumption? I Tax rate scale: equity and efficiency aspects. I Business tax reform: structural and design issues. I Interjurisdictional issues. I Controlling tax avoidance. July 2009, 576 pp., hardbound ISBN: 9789041128294 Price: EUR 95.00 / USD 125.00 / GBP 76.00 Series on International Taxation 34 BOOKS www.kluwerlaw.com 31
  • 32. Transfer Pricing and the NEW by Jens Wittendorff Arm's Length Principle in International Tax Law The proposed book analyzes the legal basis for the arm's length principle and the contents of the principle in U.S. tax law as well as the OECD Model Tax Convention and Transfer Pricing Guidelines. It includes a thorough review of international case law on transfer pricing from the U.S., Canada, Australia, United Kingdom, Germany, France, the Netherlands, Denmark, Sweden and Norway. The book consists of the following chapters: Part One - Introduction Part Two – The Legal Basis for the Arm's Length Principle • U.S. Tax Law • OECD • Other International Law Part Three – The Concept of the Arm's Length Principle • General • U.S. Tax Law • German Tax Law • Article 9(1) of the OECD Model Part Four – General Arm's Length Rules • Recognition of the Controlled Transaction • Combined and Separate Arm's Length Test • Set-Offs • Multiple Year Analysis BOOKS • Comparability Requirement • Foreign Legal Restrictions • Arm's Length Range Part Five – Special Arm's Length Rules • Services • Cost Sharing • Intangibles Part Six – Transfer Pricing Methods • General • Transfer Pricing Methods Part Seven - Conclusion August 2010, 920 pp., hardbound, ISBN: 9789041132703 Price: EUR 160.00 / USD 216.00 / GBP 128.00 Series on International Taxation 35 32 www.kluwerlaw.com
  • 33. NEW by Raymond P.C. UCITS and Taxation Adema Towards Harmonization of the Taxation of UCITS Undertakings for the Collective Investment of Transferable Securities (UCITS) involve collective investment funds, which are authorized to market their units among countries within the European Union. The objective of the original UCITS directive was to allow for open-ended funds investing in transferable securities to be subject to the same regulation in every Member State. It was hoped that once such legislative uniformity was established throughout Europe, funds authorized in one Member State could be sold to the public in each Member State without further authorization, thereby furthering the EU’s goal of a single market for financial services in Europe. Unfortunately, the reality differed somewhat from the expectation. This insightful work examines the taxation of UCITS in Austria, Germany, the Netherlands, and the United Kingdom. It analyzes the tax consequences of the cross- border trade in units of UCITS for unitholders residing in the countries examined. It also features a number of recommendations to remove the tax advantages and disadvantages that occur in cross border trading. December 2009, 576 pp., hardbound, ISBN: 9789041128393 Price: EUR 130.00 / USD 172.00 / GBP 104.00 BOOKS EUCOTAX Series on European Taxation 25 www.kluwerlaw.com 33
  • 34. Of Special Interest by Klaus Vogel Klaus Vogel on Double Taxation Conventions, 3rd ed. A Commentary to the OECD, UN and U.S. Model Conventions for the Avoidance of Double Taxation of Income and Capital, With Particular Reference to German Treaty Practice Double taxation conventions (DTCs) raise a plethora of interpretational questions for the practitioner and student of tax law. This book provides the answers. An encyclopedic treatise on DTCs, Klaus Vogel on Double Taxation Conventions is a guide to all legal issues DTCs raise and includes information on worldwide case law and commentators' views. The OECD Model Convention serves as the organisational basis for this work. Each chapter focuses on one article of the Convention and provides: I the wording of the article and that of the respective articles of the UN and US Models I the official Commentary by OECD I an extensive discussion by the authors of the legal problems involved In addition, Klaus Vogel on Double Taxation Conventions offers an account of all German tax treaties, how they differ from the model provisions, and the potential practical impact of such differences. The first two editions have been used by lawyers, tax advisers, and scholars all over the world. Courts in Canada, Germany, South Africa, and the Netherlands have cited them as authority. This revised edition includes the most recent OECD Model revisions and all recent case law and relevant literature. The authors have rethought many of the problems discussed, further improved their argument, and amended their BOOKS views where they have been convinced by opponents. November 1997, 1520 pp., hardbound ISBN: 9789041108920 Price: EUR 499.00 / USD 674.00 / GBP 415.00 34 www.kluwerlaw.com
  • 35. Of Special Interest by Brian. J. Arnold & International Tax Primer Michael J. McIntyre The Fundamental Principles and Structure of International Tax The international aspects of income taxation have become increasingly important as countries worldwide have become more economically integrated. International Tax Primer provides an introduction to the policies that countries seek to advance with their international tax rules, with numerous examples drawn from the practices of both developed and developing countries. It grew out of the authors' work with the OECD in conducting seminars on international tax for tax officials in countries emerging from the collapse of the Soviet Union. The book strikes a balance between the specific and the general by illustrating the fundamental principles and structure of international tax with frequent reference to actual practice in a variety of countries. Coverage includes: I the role of the tax adviser I tax planning techniques I international double taxation I transfer pricing; anti-avoidance rules I tax treaties, including discussion of the OECD and UN Model Treaties I emerging issues, such as e-commerce and harmful tax competition Table of Contents: Preface. Chapter 1. Introduction. Chapter 2. Jurisdiction to Tax. Chapter 3. Double Taxation Relief. Chapter 4. Transfer Pricing. Chapter 5. Anti-Avoidance Measures. BOOKS Chapter 6. Tax Treaties. Chapter 7. Emerging Issues. Glossary of International Tax Terms. Selected Bibliography. Index. October 2002, 174 pp., softcover ISBN: 9789041188984 Price: EUR 71.00 / USD 96.00 / GBP 59.00 www.kluwerlaw.com 35
  • 36. Of Special Interest edited by Victor Thuronyi Tax Law Design & Drafting This book examines the development of tax legislation from a comparative law perspective, an area in which very little of a general nature has previously been written. Based on the experience of the IMF Legal Department in assisting many developing and transition countries to draft tax legislation, it comprises contributions by tax experts from around the world. This useful guide aims to identify the legal issues that arise in the drafting of tax laws and to examine the various solutions which have been devised in national legislation. A comparative tax law bibliography and a bibliography of the national tax laws of IMF member countries are included in appendix. Its practical nature and the general scope of its discussion will make it a valuable tool not only for officials in developing and transition countries and their advisors, but also for students, academics and practitioners with an interest in comparative tax law. A two-volume paperback edition of this work was published by the IMF in 1996 and 1998. Table of Contents: Preface. Acknowledgements. Table of Tax Laws Cited. Introduction. Part 1. 1. Tax Legislative Process, Richard K. Gordon and Victor Thuronyi. 2. Legal Framework for Taxation, Frans Vanistendael. 3. Drafting Tax Legislation, Victor Thuronyi. 4. Law of Tax Administration and Procedure, Richard K. Gordon. 5. Regulation of Tax Professionals, Victor Thuronyi and Frans Vanistendael. 6. Value-Added Tax, David Williams. 7. VAT Treatment of Immovable Property, Sijbren Cnossen. 8. Excises, Ben J.M. Terra. 9. Tax on Land and Buildings, Joan M. Youngman. BOOKS 10. Taxation of Wealth, Rebecca S. Rudnick and Richard K. Gordon. 11. Social Security Taxation, David Williams. 12. Presumptive Taxation, Victor Thuronyi. 13. Adjusting Taxes for Inflation, Victor Thuronyi. Part 2. Introduction to the Income Tax. 14. Individual Income Tax, Lee Burns and Richard Krever. 15. The Pay-As-You-Earn Tax on Wages, Koenraad van der Heeden. 16. Taxation of Income from Business and Investment, Lee Burns and Richard Krever. 17. Depreciation, Amortization, and Depletion, Richard K. Gordon. 18. International Aspects of Income Tax, Richard J. Vann. 19. Taxation of Enterprises and Their Owners, Graeme S. Cooper and Richard K. Gordon. 20. Taxation of Corporate Reorganizations, Frans Vanistendael. 21. Fiscal Transparency, Alexander Easson and Victor Thuronyi. 22. Taxation of Investment Funds, Eric M. Zolt. 23. Income Tax Incentives for Investment, David Holland and Richard J. Vann. Comparative Tax Law Bibliography. Bibliography of National Tax Laws of IMF Member Countries. Index. About the Authors. February 2000, 1200 pp., hardbound ISBN: 9789041197849 Price: EUR 369.00 / USD 498.00 / GBP 306.00 36 www.kluwerlaw.com
  • 37. Backlist European Tax Law – 5th edition by Ben J. M. Terra & Peter J. Wattel March 2008, 860 pp., hardbound ISBN: 9789041127402 Price: EUR 140.00 / USD 185.00 / GBP 112.00 European Tax Law – 5th edition Abridged Student edition by Ben J.M. Terra & Peter J. Wattel March 2008, 400 pp., softcover ISBN: 9789041127419 Price: EUR 85.00 / USD 112.00 / GBP 68.00 Guide to Taxation of Sportspersons in Certain Relevant Jurisdictions edited by Garrigues Law Firm and TAXAND Network November 2008, 250 pp., hardbound ISBN: 9789041127914 Price: EUR 60.00 / USD 79.00 / GBP 48.00 Tax Compliance Costs for Companies in an Enlarged European Community edited by Michael Lang May 2008, 524 pp., hardbound ISBN: 9789041126665 Price: EUR 160.00 / USD 211.00 / GBP 128.00 EUCOTAX Series on European Taxation 19 A Vision of Taxes within and outside European Borders edited by Luc Hinnekens & Philippe Hinnekens January 2008, 1058 pp., hardbound For information about other titles in the practice ISBN: 9789041126405 area of International taxation, please visit Price: EUR 191.00 / USD 258.00 / GBP 158.00 www.kluwerlaw.com. www.kluwerlaw.com 37
  • 38. Title Index C G China Master Tax Guide – Guide to Global Real Estate Investment 7th edition 2009/2010 4, 10 Trusts. A Regulatory and Tax Perspective 4, 18 Comparative Income Taxation. Guide to International Transfer Pricing 3, 19 A Structural Analysis – 3rd edition 4, 11 Guide to Taxation of Sportspersons in Cross-Border Enforcement of Claims in Certain Relevant Jurisdictions 37 the EU: History, Present and Future 12 H D A Handbook of EU VAT Legislation 4, 7 Directory of EC Case Law on Direct Taxation 13 I E IFRS Manual of Accounting 2009 37 ECJ VAT Yearbook 2009: VAT Decisions of Individual’s Income under Double Taxation 3, 21 the Court of Justice of the European Communities 14 International Exchange of Information and the Protection of Taxpayers 3, 22 EC Tax Review 6 The International Tax Law Concept Europe-China Tax Treaties 4, 15 of Dividend 3, 23 European Direct Taxation: Case Law and International Tax Primer - The Fundamental Regulations – 2nd edition 3, 16 Principles and Structure of International Tax 35 European Tax Law - 5th edition International Trust Laws and Analysis - Company Laws, Wealth Management F & Tax Planning Strategies 4, 8 Fiscal Sovereignty of the Member States 3, 17 Interpretation of Double Taxation Conventions - General Theory and Brazilian Perspective 24 Intertax 5 38 www.kluwerlaw.com
  • 39. K T Klaus Vogel on Double Taxation Tax Amnesties 3, 30 Conventions - A Commentary to the OECD, Tax Compliance Costs for Companies UN and U.S. Model Conventions for the in an Enlarged European Community 37 Avoidance of Double Taxation of Income and Capital. With Particular Reference to Tax Law Design and Drafting 36 German Treaty Practice 34 Tax Reform in the 21st Century 31 Transfer Pricing and the Arms’ Length P Principle in International Tax Law 3, 32 Permanent Establishments. A Domestic Taxation, Bilateral Tax Treaty U and OECD Perspective 3, 25 UCITS and Taxation - Towards Procedural Rules in Tax Law in the Harmonization of the Taxation of UCITS 4, 33 Context of European Union and Domestic Law 3, 26 V A Vision of Taxes within and outside Q European Borders 37 Quick Reference to EU VAT Compliance 4, 27 S Schwarz on Tax Treaties 4, 28 Structuring Foreign Investment in US Real Estate 4, 9 Systems of General Sales Taxation: Theory and Practice 29 www.kluwerlaw.com 39
  • 40. Order Form ORDER FORM – Please Complete Quantity Title ISBN Prices in Euro are definite for customers outside the United Kingdom (GBP) and North, Central & South America (USD). Shipping & Handling is not included. Please visit www.kluwerlaw.com for more information. Orders for loose-leafs: Please note that when ordering a basic volume of a loose-leaf publication, you will automatically be registered to receive all future up-dates and supplements which will be accompanied by an invoice. Prices are subject to change without notice. Yes, register me as a subscriber to EUCOTAX Series starting with volume Subscribing entitles me to Yes, register me as a subscriber to Series on International Taxation starting with volume 20% discount on all current Yes, register me as a subscriber to European Fiscal Studies starting with volume and forthcoming volumes. Delivery Details Please enter details in BLOCK CAPITALS Complete your order Mr Mrs Miss Ms Dr Prof Other First Name: Family Name: today, then... Job Title: Company: Customers in UK, Europe and Address: rest of the world Post/Zip Code: Fax +44 1767 601640 City: Country: Tel +44 1767604958 Telephone: Fax: Email kluwerlaw@turpin-distribution.com Email: Website: Customers in Canada For companies resident in EU member states, please Fax 416 224 2243 quote your VAT/TVA/IVA/MWSt/BTW/MOMS number (toll free fax 800 461 4131) Please tick this box if you wish to receive offers and information on new products from Kluwer Law International As a service to our clients, we occasionally make our subscriber lists available to organisations whose products Tel 416 224 2248 or services we feel may be of interest. f you do not wish to receive such mailing, please tick the box. (toll free 800 268 4522) Email cservice@cch.ca Payment Options I enclose a cheque for EUR / GBP / USD Made payable to Kluwer Law International Customers in the U.S. or in Credit Cards / Charge Cards: Please Debit EUR / USD /GBP from my card: Latin America Visa Master Card American Express Fax +1 (301) 644 3550 Card Account Tel +1 (800) 638 8437 Number: Card Security Code/ Email Aspen-Sales@wolterskluwer.com Expiry date: CSC/CVC (mandatory) Name of cardholder: Customers in Asia and Australia Signature Date Fax +603 2026 7003 Registered cardholder’s name and address – If different from delivery address Tel +603 2052 4688 Email support@cch.com.my Bank Transfers: For information on bank transfers please contact telephone +31 172 641 562 Order online at Important Notes www.kluwerlaw.com • Please ensure that you quote your company and the products ordered when instructing your bank. • Please enclose a copy of your instructions to the bank with your order. Order Code: KLI1177 A B