JJUA55224U International Taxation
The main pillar of the course is the OECD and the BEPS (Base
Erosion and Profit Shifting) project.
The OECD Model Treaty for the Avoidance of Double Taxation (with some references also to the UN Model Treaty for Avoidance of Double Taxation) its commentaries, the expected upcoming unilateralisation of Double Tax Treaties and examples of some of the many Double Tax Treaties existing. A more thorough analysis of the interpretation rules in the Vienna Convention; a harmonized interpretation, the relevance of domestic law.
The BEPS refers to tax avoidance strategies that exploit gaps and mismatches in tax rules to artificially shift profits to low or no-tax locations. Over 100 countries and jurisdictions are collaborating to implement the BEPS measures and tackle BEPS, see more here: http://www.oecd.org/tax/beps/beps-about.htm
The course will also deal with the implications of domestic law on interpretation, application and choices between applying Treaty relief or Domestic tax relief and the EU-initiatives on tax-avoidance, e.g. EU directives 2016/1164 on rules against tax avoidance.
The course builds on the BA-education courses; International Public Law, EU-law and Administrative Law. It also builds on the MA-courses Tax Law and Advanced Tax Law.
A thorough and working knowledge concerning the relevant sources of law and applicable decisions relating to international taxation.
The ability to apply such sources of law to specific issues relating to international taxation,
The ability to identify, analyze and apply the provisions concerning full and limited tax liability and issues related thereto – domestic as well as international, including problems concerning requalification of entities and issues concerning beneficial ownership.
The ability to identify, analyze and discuss matters of tax avoidance.
Working knowledge of international principles and rules regarding CFC taxation, debt to equity thin capitalization, limitation of interest provisions and joint taxation
The ability to critically analyze, apply and deduce from the OECD Model Convention Treaty and the commentary thereto,
Working knowledge of international principles and rules regarding CFC taxation, debt to equity thin capitalization, limitation of interest provisions and joint taxation. Basic knowledge of and ability to relate to Transfer Pricing and the OECD Guidelines
Michael Lang: Introduction to the Law of Double Taxation Conventions 2nd edition.
Christian Emmeluth: Business Operations in Denmark (portfolio), Tax Management Inc., (85 pages)
A number of articles from periodicals,
OECD’s Model Tax Convention on Income and on Capital: Condensed version, latest edition, (extract assessed to app. 250 pages).
Students present a solution on a case or problem, or topic, which the teacher and the other students gives feedback and a formative evaluation.
- 7,5 ECTS
- Type of assessment
- Oral examination, 20 minutesOral exam without preparation, 20 minutes
- Marking scale
- 7-point grading scale
- Censorship form
- External censorship
- Exam period
Autumn: week 43, 2017
Autumn: week 4, 2018 - Wednesday, Thursday, Friday