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

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

SKU:10091698-0001
Michael McGowan
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Price:
$170.00
Product Line
Kluwer Law International
Product SKU
10091698-0001
ISBN-13
9789403537245
Availability
Ships in 5-7 Business Days
Last Updated
2023-01-1

Overview

About this book:

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


What’s in this book:

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

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


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


How this will help you:

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


Table Of Contents

About the Author

Foreword

Preface

CHAPTER 1

Introduction

CHAPTER 2

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

CHAPTER 3

The Law Following Anson

CHAPTER 4

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

CHAPTER 5

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

CHAPTER 6

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

CHAPTER 7

Entity Classification in the US and the Netherlands

CHAPTER 8

Conclusion

APPENDIX A

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

APPENDIX B

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

Bibliography

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

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

Index

Testimonial

‘McGowan's book is both ambitious and revealing. Indeed, it does not only put on evidence the complexities associated with the rule for classifying entities for tax purposes in the UK, but also attempts to address a much deeper and sometimes avoided problem, namely the meaning of 'tax transparency'. As such, the reading of this book is a very interesting and intellectually stimulating exercise.


This book’s contribution and importance are undoubted, especially in times when the international tax community has agreed to target specific transactions involving hybrid and reserve hybrid entities.’


—Leopoldo Parada - British Tax Review issue 5-2023

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Classifying Entities and the Meaning of 'Tax Transparency': The UK Perspective | Wolters Kluwer Legal & Regulatory