INTERNATIONAL TAX AVOIDANCE

INTERNATIONAL TAX AVOIDANCE

Author: Piergiorgio Valente

Tax planning and the pursuit of an advantageous position from a tax point of view are not inherently illegal activities. It is, however, necessary to identify the boundaries between what can be considered a legitimate tax saving and what should fall within the concept of "tax avoidance" (which is deemed pathological and, thus, is to counteract). In recent years, moreover, the erosion of the tax base due to the artificial transfer of profits toward jurisdictions with more favorable tax regimes (so-called BEPS) is a source of particular concern for States. This debate, of high relevance at the international level, aims to identify effective tackling measures in all sectors concerned, in order to safeguard the tax interests of States with advanced tax regimes.

The book "International Tax Avoidance" aims to provide a comprehensive framework meeting the needs of those who deal with the issue of tax avoidance, providing insights and practical application concepts useful for advisors, businesses, and Tax Authorities.

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DELOCALIZATION, CORPORATE MIGRATION, AND TRANSFER OF HEADQUARTERS

DELOCALIZATION, CORPORATE MIGRATION, AND TRANSFER OF HEADQUARTERS

Authors: Piergiorgio Valente and Raffaele Rizzardi

"Delocalization, Corporate Migration, and Transfer of Headquarters" addresses civil law, accounting, and tax issues arising from the moving abroad of companies’ registered offices or related to the choice of the place of "delocalization" itself. The discussion of the transfer of the registered office of a foreign company in Italy and, vice versa, of the transfer of the headquarters of an Italian company abroad, is made in light of recent legislative and case law developments at the national, international, and EU level. 
The book also analyzes corporate reorganizations carried out by multinational companies from a "functional" point of view, taking into account the work of the OECD on base erosion and profit shifting and the EU tools aimed at encouraging this type of operations that are available totaxpayers.

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WORKERS ABROAD: Tax, Labor, and Social Security Aspects

WORKERS ABROAD: Tax, Labor, and Social Security Aspects

Authors: Piergiorgio Valente, Salvatore Mattia and Paola Salazar

In the current globalized economic context, managing the relocation of employees abroad is an essential issue that multinational enterprises have to face. This volume identifies the main modalities through which employees' relocation, transfer or secondment may be carried out by describing contractual norms, labor law and social security issue, with reference to national laws as well as international principles and regulations.

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INTERNATIONAL TAX DISPUTES: Mutual Agreement Procedures and Relations Management

INTERNATIONAL TAX DISPUTES: Mutual Agreement Procedures and Relations Management

Authors: Piergiorgio Valente, Caterina Alagna and Salvatore Mattia

Multinational companies are increasingly exposed to the risk of double taxation due to transfer pricing-related tax adjustments following assessments by Tax Authorities.
The use of specific procedures to solve international tax disputes, in particular those described in Art. 25 of the OECD Model Tax Convention and the Arbitration Convention 90/436/EEC, requires an accurate evaluation of they relate to internal administration and jurisdiction processes.

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EXCHANGE OF INFORMATION TAX ASSESSMENTS: Practical Considerations

EXCHANGE OF INFORMATION TAX ASSESSMENTS: Practical Considerations

Authors: Piergiorgio Valente and Luigi Vinciguerra

The use of artificial structures or "constructions" and the exploitation of "disharmony" existing between national laws have the effect of exacerbating the loss of tax revenue. The fight against tax evasion and aggressive tax planning schemes requires joint coordinated interventions aimed at facilitating access to information on cash flows and traceability of payments. In order to achieve this, tax systems transparency, the elimination of banking secrecy, and administrative cooperation between States play a key role.
The implementation of the exchange of information, in all its forms (on request, automatic, spontaneous, etc.), represents the most effective response to practices that undermine tax bases and tax revenues.

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HIDDEN PERMANENT ESTABLISHMENT TAX ASSESSMENTS: Practical Considerations

HIDDEN PERMANENT ESTABLISHMENT TAX ASSESSMENTS: Practical Considerations

Authors: Piergiorgio Valente and Luigi Vinciguerra

Non-resident foreign entities producing corporate income on Italian territory may register as permanent establishments (thus becoming fully subject to taxation in Italy) or may take a series of actions leading to the creation of “hidden” permanent establishments, as they operate within Italian legal entities partially-owned by foreign companies or bodies.
To eliminate this risk, each company should carry out accurate analyses and identify and abide by specific guidelines.

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COMPARABILITY ANALYSIS IN TRANSFER PRICING: Application Methods

COMPARABILITY ANALYSIS IN TRANSFER PRICING: Application Methods

Authors: Piergiorgio Valente, Antonella della Rovere and Pietro Schipani

The possibility that related companies belonging to the same multinational Group may pursue policies aimed at affecting transfer prices has prompted supranational bodies to draft a series of guidelines concerning the identification of the so-called arm's length value of intercompany transactions, and taking into account the proper mechanisms for comparisons and assessments. The comparability analysis is of fundamental importance in any transfer pricing analysis; it must be performed to assess how the intragroup transactions under review were carried out and to prove, by means of a comparison with similar transactions carried out by independent parties, that the tested party’s prices respected the arm’s length principle.

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CORPORATE TAX RESIDENCE AND TAX AVOIDANCE (3rd Ed.)

CORPORATE TAX RESIDENCE AND TAX AVOIDANCE  (3rd Ed.)

Author: Piergiorgio Valente

This volume provides a detailed analysis of the issues of companies’ tax residence and fictitious foreign residence by offering normative, interpretative, and case-law references and assessing the impact of parent companies’ leadership and coordination activities.
The book starts by dealing with a topic that is key to every tax legislation: identifying the residency of the physical or legal person on whom to exercise the tax authority, and it proceeds to address the issue, on which much Italian legislation has been written in recent years, of companies’ fictitious foreign residence.
The fundamental international law basis discussed is the identification of the seat of effective management of a company. Further, the book extensively covers the principles governing the concept of residency of legal entities within EU law, international law, and the regulation of the most important EU and non-EU countries.
This third edition features a new structure, rearranged to better address the needs of professionals and other specialized workers in the sector. The book was updated thanks to interesting new ideas coming not only from Tax Authorities but also from case-law, which has increasingly dealt with this topic creating uniformity of rulings.
Comments to the most significant sentences on the subject matter are written in a specific chapter whereas their texts are compiled in the appendix. 

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INTERNATIONAL TAX TREATIES (6th Ed.)

INTERNATIONAL TAX TREATIES (6th Ed.)

Author: Piergiorgio Valente

Bilateral treaties against double taxation represent a topical theme for current and future international tax scenarios.
Within a global competitive arena, the safeguard of income flows by the Tax Authorities assumes a particularly significant role as to the collateral tax planning and international arbitrage opportunities for taxpayers.
In such a context, knowledge of such Treaty instrument acquires strategic importance for economic operators investing abroad.
The International Tax Treaties Volume, at its sixth edition, has been representing for the past fifteen years a point of reference for specialized readers.  

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