Abstract

http://ssrn.com/abstract=2298085
 


 



Taxation of EU Cross-Border Corporate Dividends: Convergence and Tax Competition


Carlo Garbarino


Bocconi University - Department of Law

July 25, 2013

Bocconi Legal Studies Research Paper No. 2298085

Abstract:     
This paper addresses the tax treatment of EU inbound dividends in the EU Member States where the corporate (rather that individual) shareholders are resident, that is dividends paid by a company that is resident in a EU Member State to a corporate recipient shareholder that is resident in a EU Member State, including those dividends not covered by the Parent-Subsidiary Directive ("corporate dividends"). The paper adopts a comparative approach aimed at providing an explanation of the convergence of policies relating corporate dividends of the EU countries of residence of recipient corporate shareholders in the EU in the last decade, a convergence not fully explained by the top-down harmonization introduced by the Parent-Sub Directive. The paper describes the process of convergence towards exemption for corporate dividends (section 2), and then provides an evolutionary explanation of that process by adopting an evolutionary approach (section 3), together with a discussion of the circulation of the participation exemption model through tax transplants in combination with the ECJ case law (section 4). The paper concludes with comments on the intra-model competition among sub-models of participation exemption (section 5).

Number of Pages in PDF File: 14

Keywords: corporate tax, comparative taxation, international tax, taxation, tax law, PEX, participation exemption, profit shifting, tax competition, dividends

working papers series





Download This Paper

Date posted: July 26, 2013  

Suggested Citation

Garbarino, Carlo, Taxation of EU Cross-Border Corporate Dividends: Convergence and Tax Competition (July 25, 2013). Bocconi Legal Studies Research Paper No. 2298085. Available at SSRN: http://ssrn.com/abstract=2298085 or http://dx.doi.org/10.2139/ssrn.2298085

Contact Information

Carlo Garbarino (Contact Author)
Bocconi University - Department of Law ( email )
Via Roentgen 1
Milan, 20136
Italy
Feedback to SSRN


Paper statistics
Abstract Views: 271
Downloads: 70
Download Rank: 199,199

© 2014 Social Science Electronic Publishing, Inc. All Rights Reserved.  FAQ   Terms of Use   Privacy Policy   Copyright   Contact Us
This page was processed by apollo6 in 0.328 seconds