The Common Consolidated Corporate Tax Base (CCCTB) and Third Countries
Edited by Michael Lang, Pasquale Pistone, Josef Schuch, Claus Staringer and Alfred Storck
When designing new rules it is always wise to broaden the perspective and analyse how others approached the same issues and which problems their solutions encountered. Brauner went down this road, starting with what is likely the most prominent example of a tax system handling transparent entities, the US “check-the-box” rules, to then explore the OECD Partnership Report, closing with a brief remark about problems of many countries when dealing with the US practice. The latter leads Brauner to the question of whether the EU Member States will have to enter into some sort of agreement or new treaties with the US to resolve any potential conflicts regarding “hybrid” entities. The material compiled by Brauner is helpful in the overall discussion of how to handle the classification of an entity as fiscally transparent or non-transparent. It is no surprise that the comparison could not bring to light anything reasonable when it comes to the question of apportionment of taxable profit of a group between different jurisdictions. This is because this question is one specific to the CCCTB, being a common corporate tax base and system for all Member States rather than a single unilateral approach as that of the US and other states. It cannot be compared to the traditional approach of allocating the right to tax specific income of one person to one or the other country partner to a double tax treaty (DTT).
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