Schwarz on Tax Treaties has quickly established itself as the standard reference work on this increasingly important and challenging area of tax. This book is the definitive analysis of tax treaties from a UK perspective and provides in-depth expert analysis of the interpretation and interaction of the UK's treaty network with EU and international law in their application to UK tax law.
What’s new in the wholly updated 5th edition?
The fifth edition significantly develops the earlier work with enhanced commentary and is updated to include the latest UK treaty developments, international and EU law including:
- New bilateral double tax and exchange of information treaties and protocols
- OECD BEPS Multilateral Instrument
- EU Directive on Double Tax Dispute Resolution
- Treaty binding compulsory arbitration
- State Aid — Luxembourg alleged aid to McDonald’s
- Judicial decisions of UK and foreign courts on UK treaties
- Taxpayer rights in EU exchange of information
- Multilateral memorandum of understanding on Country-By-Country Reporting
- EU Anti-Tax Avoidance Directive
Case law developments including:
- UK Supreme Court in Miller, R (oao) v Secretary of State for Exiting the EU
- Australian High Court in Bywater Investments Ltd and others v CoT
- Indian Supreme Court in Formula One World Championship Ltd v CIT
- UK Tax Tribunals Irish Bank Resolution Corporation Ltd v HMRC; Fowler v HMRC; R (oa Derrin Brother Properties Ltd), Vrang v HMRC, Ardmore Construction
- CJEU in Austria v Germany; Berlioz Investment Fund SA v Directeur de l’administration des Contributions directes; Eqiom SAS and Enka SA v. Ministre des finances et des comptes
Specific focus on the UK tax treaty network and law relating to it.
Expert commentary on the common forms of treaty provisions dealing with double taxation relief.
Identifies and examines variations of some of the more unusual treaty provisions.
Explains both UK and foreign case law that consider both the OECD model and other treaties.
Extensive cross references to legislation, cases and other official guidance to give comprehensive and authoritative commentary on all aspects of working with tax treaties.
Table of contents:
- The legal framework: International law
- The legal framework: United Kingdom Law
- The legal framework: European Union law
- Interpretation of tax treaties
- Scope of tax treaties: taxes covered, territorial and temporal scope
- Access to treaty benefits: personality, fiscal domicile and nationality
- Permanent establishment
- Distributive provisions of income tax treaties
- Business profits
- Income from property
- Employment and pensions
- Capital gains
- Other income and miscellaneous cases
- Treaties and European tax directives
- Elimination of double taxation
- Treaty shopping and other avoidance
- Multilateral convention to implement tax treaty related measures to prevent base erosion and profit shifting
- Administration of treaties
- Disputes and mutual agreement procedure
- EU directive on dispute resolution and the Arbitration Convention
- International administrative cooperation
Author: Jonathan Schwarz
Jonathan Schwarz BA, LLB (Witwatersrand), LLM (UC Berkeley), FTII is an English Barrister at Temple Tax Chambers in London and is also a South African Advocate and a Canadian Barrister. He is a pre-eminent authority on international taxation, a top ranked (band 1) tax barrister and a visiting Professor at King's College, London and IFA Permanent Scientific Committee member.
His practice focuses on international tax disputes as counsel and as an expert and advises on solving cross-border tax problems. He is a visiting Professor at the Faculty of Law, King’s College London University. He has been listed as a leading tax Barrister in both the Legal 500 for international corporate tax, and Chambers’ Guide to the Legal Profession for international transactions and particular expertise in transfer pricing. He has been lauded in Who’s Who Legal, UK Bar for his “brilliant” handling of cross-border tax problems.’
Chambers UK Guide to the Bar 2018 says:
"Highly regarded for his expertise in international tax matters. His particular areas of expertise include double tax relief, tax treaties and cross-border transactions. He is also qualified as a barrister in Canada and South Africa."
Strengths: "Encyclopaedic knowledge of international tax dispute resolution." "Excellent cross-border advice."
Recent work: Successfully acted for the taxpayer in Martin Fowler v HMRC, a case on treaty interpretation.’
Readers’ views on previous editions:
"Easily the best text on tax treaties IMO"
Dan Neidle, Clifford Chance, London @DanNeidle
"The most thorough analysis of treaty anti-abuse measures by combining a comprehensive scrutiny of the extensive UK case law and a truly international perspective."
Nicola Saccardo, Maisto e Associati, London
"The subject matter is sometimes complex, but Schwarz has succeeded in bringing light and clarity to difficult issues."
Eric Osterweil- Steptoe & Johnson LLP – Brussels, International Tax Report (2002)