Preface
Chapter 1: Introduction to the concepts of digital economy and electronic commerce
- I. Approach to the concept of digital economy and e-commerce
- II. Digital economy and the emergence of new business models
- III. Administrative challenges in the digital economy
Chapter 2: Tax treaty characterization of income derived from new business models
- I. OECD perspective: introduction
- II. Rental payments for hiring space for the use of a computer, a server or a similar device
- III. Royalty payments for the use of copyright or any other similar intangible property
- IV. Business profits
- V. Payments for services provided to clients
- VI. Characterizing cloud computing and 3D printing payments
Chapter 3: OECD/G20 base erosion and profit shifting project: It´s influence in digital economy
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I. Base erosion and profit shifting projects: It´s incidence in digital economy
- A. Introduction
- B. Tax planning structures for base erosion and profit shifting: opportunities for BEPS in the digital economy
- Eliminating or reducing tax in the market country
- Avoiding withholding tax
- Eliminating or reducing tax in the intermediate country
- C. Restoring taxation of so-called stateless income
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II. The obsolescence of the permanent establishment concept
- A. The traditional definition of permanent establishment
- B. 2003 changes to the Commentary on Article 5 OECD MC: guidance on the application of the PE definition in e-commerce
- C. The Spanish approach on the concept of a PE: the Dell case
- D. The artificial avoidance of permanent establishment status: the impact of BEPS Action 7 proposals on modification of Article 5 OECD MC
- E. The impact of modification of Article 5 OECD on digital economy: the obsolescence of the permanent establishment concept
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III. A new nexus based on the concept of significant economic presence: the digital permanent establishment
- A. Introduction
- B. The significant economic presence test: TFDE’s suggestions
- The revenue-based factor
- Digital factors
- User-based factors
- C. Income attribution to the significant economic presence
- Suggestions of the TFDE
- The new PE nexus as proposed by Hongler & Pistone and Avi-Yonah & Halabi.
- D. The new Article 12A for technical services on the UN Model: an alternative to the new PE nexus?
- F. A Common reform of the EU’s corporate tax rules for digital activites: a new nexus based on the concept of significant digital presence
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IV. The introduction of a withholding tax on digital transactions
- A. Introduction
- B. The need for a clear definition of transactions covered and the intervention of collecting agents
- C. Comments on the introduction of a WHT on digital (or all sales) transactions concluded remotely with non-resident companies
- D. Introduction of a WHT on digital (or all sales) transactions concluded remotely with non-resident companies vs. new Article 12A for technical services on the UN Model
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V. The introduction of an equalisation levy and other defensive measures introduced by countries
- A. Introduction: TFDE’s suggestions
- B. Unilateral and defensive measures introduced by countries: a short-term solution
- UK Diverted Profits Tax
- The Australian Multinational Anti-Avoidance Law (MAAL) and the Diverted Profits
- Tax
- The Indian Equalisation Tax and the recently proposed new nexus based on a concept of «significant economic presence»
- The French tax on online and physical distribution of audio visual content
- The Italian initiatives: the voluntary disclosure procedure and the levy on digital transactions (web tax)
- C. The introduction of a Digital Services Tax as an interim measure at EU level
- VI. Next goals: destination-based corporate tax
Bibliography