1.Introduction The attribution of profits to Permanent Establishments(PEs)has been one of the core issues in international taxation in the past decades.Already in 1977,some changes were made to Article 7 and to its Co...1.Introduction The attribution of profits to Permanent Establishments(PEs)has been one of the core issues in international taxation in the past decades.Already in 1977,some changes were made to Article 7 and to its Commentary of the OECD Model Tax Convention(MTC).In 1984,the OECD addressed the issue of the attribution of profits to PEs by releasing a report specifically regarding banks.展开更多
The article examines a recent Italian Supreme Court’s decision(No.2286,dated 31 January 2025)that addresses the interpretation and application of Art.14 of Italy-United States Treaty(signed in Washington on 25 August...The article examines a recent Italian Supreme Court’s decision(No.2286,dated 31 January 2025)that addresses the interpretation and application of Art.14 of Italy-United States Treaty(signed in Washington on 25 August 1999).The decision in question brings about a more general question concerning the meaning of“fixed base”and its relationship with the“permanent establishment”concept.Although it may be argued that differences between the concepts of“permanent establishment”and“fixed base”do exist,the presence of a physical place in the source State appears to be a key element of the two concepts.Oddly enough,though,in the decision,the Italian Supreme Court considers it an ancillary element to the“fixed base”concept.展开更多
Even though Article 5 is one of the most relevant and long-standing articles of the OECD model,its application often tends to raise issues.This is given by the circumstance that the application of this article heavily...Even though Article 5 is one of the most relevant and long-standing articles of the OECD model,its application often tends to raise issues.This is given by the circumstance that the application of this article heavily depends on the interpretation of both factual and legal circumstances and that there are still several open issues that were never clearly dealt with by the OECD Commentary.Finally,even though the last amendments made to Article 5(especially to the agency permanent establishment rules)seem to be effective in order to counteract some common practices used to avoid giving rise to a permanent establishment,such amendments fall short of tackling the main challenge of our time:the digitalisation of economy.展开更多
文摘1.Introduction The attribution of profits to Permanent Establishments(PEs)has been one of the core issues in international taxation in the past decades.Already in 1977,some changes were made to Article 7 and to its Commentary of the OECD Model Tax Convention(MTC).In 1984,the OECD addressed the issue of the attribution of profits to PEs by releasing a report specifically regarding banks.
文摘The article examines a recent Italian Supreme Court’s decision(No.2286,dated 31 January 2025)that addresses the interpretation and application of Art.14 of Italy-United States Treaty(signed in Washington on 25 August 1999).The decision in question brings about a more general question concerning the meaning of“fixed base”and its relationship with the“permanent establishment”concept.Although it may be argued that differences between the concepts of“permanent establishment”and“fixed base”do exist,the presence of a physical place in the source State appears to be a key element of the two concepts.Oddly enough,though,in the decision,the Italian Supreme Court considers it an ancillary element to the“fixed base”concept.
文摘Even though Article 5 is one of the most relevant and long-standing articles of the OECD model,its application often tends to raise issues.This is given by the circumstance that the application of this article heavily depends on the interpretation of both factual and legal circumstances and that there are still several open issues that were never clearly dealt with by the OECD Commentary.Finally,even though the last amendments made to Article 5(especially to the agency permanent establishment rules)seem to be effective in order to counteract some common practices used to avoid giving rise to a permanent establishment,such amendments fall short of tackling the main challenge of our time:the digitalisation of economy.
