Límites a la interpretación dinámica de los convenios de doble imposición internacional: el caso ING

El presente trabajo contiene algunas reflexiones críticas sobre el valor hermenéutico de los Comentarios al Convenio Modelo de la OCDE y su interpretación dinámica, más o menos matizada, al hilo de la Sentencia de la Audiencia Nacional de 10 de julio de 2015, dictada en el Caso ING. La interpretación de los convenios de doble imposición internacional ha concitado desde antiguo posturas encontradas tanto en el plano doctrinal como jurisprudencial; discusión que cobra hoy renovada importancia en relación con el soft law en general, y las recomendaciones del Proyecto BEPS de la OCDE, en particular.

The Pittsburgh district civic frontage

I. The community: Pittsburgh the year of the survey, by E. T. Devine. Pittsburgh: an interpretation of its growth, by R. A. Woods. Coalition of Pittsburgh's civic forces, by A. T. Burns.--II. Civic conditions: Civic improvement possibilities in Pittsburgh, by C. M. Robinson. Thirty-five years of typhoid, by F. E. Wing. The housing of Pittsburgh's workers, by Emily W. Dinwiddie and F. Elisabeth Crowell. Three studies in housing and responsibility: Skunk hollow, by Florence L. Lattimore. Painter's row, Tammany hall, by F. Elisabeth Crowell. The aldermen and their courts, by H. V. Blaxter and A. H. Kerr. The disproportion of taxation in Pittsburgh, by S. M. Harrison.--III. Children and the city: Pittsburgh schools, by Lila Ver P. North. The playgrounds of Pittsburgh, by Beulah Kennard. The public library, by Frances J. Olcott. Pittsburgh as a foster mother, by Florence L. Lattimore.--Appendices.

Queries &c about Colleges, ca. 1798

One leaf containing handwritten research questions regarding the holding of real estate and related taxation.

[Research notebook], 1799

Small paper notebook containing handwritten research notes related to the question of the taxation of the real estate of New England institutions. The first four pages of the booklet contain notes on Thomas Clap's The annals or history of Yale-College,and are followed by a section of notes titled "Memorandum 1799" that contains extracts and figures related to taxation.

Queries, [1798 June]

One octavo-sized leaf containing handwritten questions in the hand of Professor Pearson regarding the taxation of real estate in Cambridge. A note on the document verso: "Allen 2nd June 11th 1798" indicates Pearson used a student's assignment paper and the date suggests the queries may have been created in preparation for the June 20, 1798 meeting with the Committee of the Town of Cambridge.

No. 12 Copy of Statement of Committee of Cambridge, [1799]

One folio-sized leaf containing a handwritten copy of a transcribed extract from the Charter of 1650 regarding property tax exemption, and followed with accounting figures related to rents and valuations of College properties. The verso has a handwritten paragraph on the unconstitutionality of the taxation practices towards the College.

Letter from Joseph Willard to Samuel Phillips, 1799 February 18

Four folio-sized pages containing a handwritten letter from President Willard to the President of the Massachusetts Senate, Samuel Phillips, regarding the taxation of College real estate and the history of the College's compromise with the Committee of the town of Cambridge regarding taxation.

Harvard College Lottery Book, 1794-1797

The long hardcover account book contains handwritten records of the Harvard College Lottery in the hand of College Treasurer Ebenezer Storer. The volume begins with a transcription of the Massachusetts General Court June 13, 1794 legislation sanctioning the lottery, and a note that the managers of the lottery gave security bonds to the Corporation. The bulk of the volume records the activities of the four classes of the lottery including lists of the individual tickets returned by the managers Benjamin Austin Jr., George R. Minot, Henry Warren, and John Kneeland, and the accounts of prizes drawn and tickets returned. The volume has a table of contents and there is a note pasted onto the third page calculating the sum raised if all tickets had been sold.

An act for granting to His Majesty the sum of fifty-five thousand pounds, and for striking the same in bills of credit, in the manner herein after directed..., 1764

Contains an act for collection of taxes to pay the debt by establishing a set fee of fifteen shillings per head and household.

British Balance of Competence Reviews, Part I: ‘Competences about right, so far’. EPIN Working Paper No. 35, October 2013

The first in a series for a CEPS-EPIN project entitled “The British Question and the Search for a Fresh European Narrative” this paper is pegged on an ambitious ongoing exercise by the British government to review all the competences of the European Union. The intention is that this should provide a basis for informed debate before the referendum on the UK remaining in the EU or not, which is scheduled for 2017. This paper summarises the first six reviews, each of which runs to around 80 pages, covering foreign policy, development policy, taxation, the single market, food safety, and public health. The present authors then add their own assessments of these materials. While understandably giving due place to British interests, they are of general European relevance. The substantive conclusions of this first set of reviews are that the competences of the EU are judged by respondents to be ‘about right’ on the whole, which came as a surprise to eurosceptic MPs and the tabloid media. Our own view is that the reviews are objective and impressively researched, and these populist complaints are illustrating the huge gap between the views of informed stakeholders and general public opinion, and therefore also the hazard of subjecting the ‘in or out’ choice for decision by referendum. If the referendum is to endorse the UK’s continuing membership there will have to emerge some fresh popular narratives about the EU. The paper therefore concludes with some thoughts along these lines, both for the UK and the EU as a whole.

The distribution of debt across euro area countries : The role of individual characteristics, institutions and credit conditions. National Bank of Belgium Working Paper No. 252, December 2013

The aim of this paper is twofold. First, we present an up-to-date assessment of the differences across euro area countries in the distributions of various measures of debt conditional on household characteristics. We consider three different outcomes: the probability of holding debt, the amount of debt held and, in the case of secured debt, the interest rate paid on the main mortgage. Second, we examine the role of legal and economic institutions in accounting for these differences. We use data from the first wave of a new survey of household finances, the Household Finance and Consumption Survey, to achieve these aims. We find that the patterns of secured and unsecured debt outcomes vary markedly across countries. Among all the institutions considered, the length of asset repossession periods best accounts for the features of the distribution of secured debt. In countries with longer repossession periods, the fraction of people who borrow is smaller, the youngest group of households borrow lower amounts (conditional on borrowing), and the mortgage interest rates paid by low-income households are higher. Regulatory loan-to-value ratios, the taxation of mortgages and the prevalence of interest-only or fixed-rate mortgages deliver less robust results.

Financing the EU Budget: Moving forward or backwards? CEPS Paperback

Often described as complex, opaque and unfair, the EU budget financing system is an ‘unfinished journey’. One of the most critical issues is that EU revenue, drawn from the cashbox of national taxation, remains intangible to the general public. The nature of the EU as a union of states and their nationals makes the visibility of EU revenue unavoidable. The political sustainability of a move that would put the legitimacy of EU revenue at the forefront of public discussion will depend on the EU institutions and member states’ ability to demonstrate that EU funds can achieve results that are truly beyond member states’ reach. In this, his third, CEPS book on the EU budget, Gabriele Cipriani assesses the current system of financing the EU budget against the criteria of simplicity, transparency, equity and democratic accountability and offers two possible options for reforming the EU revenue system. He finds that the value-added tax (VAT) is a natural choice for funding the EU budget, through a dedicated EU VAT rate as part of the national VAT and designed as such in fiscal receipts, whose use as a means for raising EU citizens’ awareness could be encouraged already in the current arrangements.

Is Independence Possible in an Interdependent World? Scotland vs. the UK's Participation in the European Economy. Bruges European Economic Policy (BEEP) Briefing 30/2013

Many commentators have criticised the strategy used to finance regional governments such as the Scottish Parliament – both the block grant system and the limited amount of fiscal autonomy devised in the Scotland Act of 2012. This lecture sets out to identify what level of autonomy or independence would best suit a regional economy in a currency union, and also the institutional changes needed to sustain those arrangements. Our argument is developed along three lines. First, we set out the advantages of a fiscal federalism framework and the institutions needed to support it, but which the Euro-zone currently lacks. The second is to elaborate a model of fiscal federalism where comprehensive powers of taxation and spending are devolved (an independent Scotland and the UK remain constituent members of the EU and European economy). Third, we evaluate the main arguments for the breakup of nations or economic unions with Scotland and the UK as leading examples. We note that greater autonomy may not result in increases in long run economic growth rate, but it does imply that enhancing the fiscal competence and responsibility of regional governments would result in productivity gains and hence higher levels of GDP per head. That means the population is permanently richer than before, even if ultimately their incomes continue to grow at the same rate. It turns out that these improvements can be achieved through devolved tax powers, but not through devolved spending powers or shared taxes.

Coltan from Central Africa, International Trade and Implications for Any Certification. Bruges European Economic Policy (BEEP) 23/2012

The exploitation of coltan in Central Africa can be considered a case of conflict minerals due to its nature. Many international organizations and bodies, national governments and private sector organizations seek to address this conflict, in particular via transparency, certification and accountability along the material supply chain. This paper analyses the international trade dimension of coltan and gives evidence on the dimension of illicit trade of coltan. The authors start from the hypothesis that illicit trade of coltan sooner or later will enter the market and will be reflected in the statistics. The paper is structured in the following manner: first, a short section gives a profile of coltan production and markets; second, an overview of the mining situation in the Democratic Republic of Congo (DRC) and related actors. The third section addresses mechanisms, actors and measurement issues involved in the international trade of coltan. The final part draws lessons for certification and conflict analysis and offers some guidance for future research. The paper identifies two main possible gateways to trace illegal trade in coltan: the neighbouring countries, especially Rwanda, and the importing countries for downstream production, in particular China. Our estimation is that the value of such illicit trade comes close to $ 27 million annually (2009), roughly one fifth of the world market volume for tantalum production. With regard to any certification the paper concludes that this will become challenging for business and policy: (a) Central Africa currently is the largest supplier of coltan on the world market, many actors profit from the current situation and possess abilities to hide responsibility; (b) China will need to accept more responsibility, a first step would be the acceptance of the OECD guidelines on due diligence; (c) better regional governance in Central Africa comprises of resource taxation, a resource fund and fiscal coordination. An international task force may provide more robust data, however more research will also be needed.

The Institutional Framework of the Labour Market. Factor Markets Working Paper No. 25, February 2012

Following the identification of relevant labour market characteristics in Deliverable 9.1 (Factor Markets Working Paper No. 25), a survey was designed and implemented across the participant countries in the Factor Markets project. These survey results are detailed in this paper, Deliverable 9.3. The focus is of the survey, which was completed with the assistance of project partner teams, included, employment market, labour legislation, wage-setting mechanisms, unions, taxation and social benefits, education and training, labour mobility and general features of agriculture. Based on the questions posed and the responses received in the survey, in broad terms the agricultural labour market characteristics in the countries under study are not as heterogeneous as one might anticipate. Some of the differences, such as minimum rates of pay, are common to sectors other than agriculture also. There is a notable lack of a regional pattern to the labour market characteristics, i.e. no strong evidence of a north/south or east/west divide. Moreover, the labour market characteristics of one country are not necessarily a good indicator of the labour market characteristics of neighbouring countries.