IFA: How Domestic Anti-Avoidance Rules Affect Double Taxation Conventions

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Product Line	Kluwer Law International
Product SKU	10057881-0001
ISBN-13	9789041100702
Availability	Ships in 3-5 Business Days
Last Updated	1995-09-01

Overview

The question of whether there are internationally recognized anti-avoidance rules that are applied to tax treaties involves two subsidiary questions: (1) Whether international law recognizes the concept of abuse of rights, fraus legis (2) Whether this concept of abuse of rights, fraus legis, the business purpose test, etc., can be applied to tax treaties.

The book then turns to the question of whether provisions included in the tax code that are expressly designed to re-characterize or deal with transactions that are considered to result in unacceptable avoidance of tax under the code can be extended and applied where there is an unacceptable avoidance of tax by virtue of the application of a tax treaty provision.

Proceedings of the Seminar
Addendum: Proposed Section 7701 (1) Regulations