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Current Rules To The Deciding Taxation Of International Companies - Essay Example
A significant degree of convergence has been witnessed in the domestic tax laws of the developed nations. The convergence is especially advanced with regard to matters pertaining to international tax. This is because there is an interaction of tax law of the different jurisdictions (Avi-Yonah 2007)…
In addition, the same rules also defer or exempt the active income of businesses. Consequently, there has been a loss in force with regard to a distinction between those nations with a global tax jurisdiction, and those whose taxation system is territory-oriented (Avi-Yonah 2007).
A network of bilateral tax treaty holds claims about the existence of international tax. The treaty borrows heavily from the U.N. model, as well as that of the Organization for Economic Co-operation and Development (OECD). For a majority of the countries, these treaties enjoy an elevated status relative to the domestic laws. As such, the domestic tax jurisdiction is often constrained. This implies that where international tax matters are concerned, national are usually bound by such treaties to act in specific ways. For example, a country could be constrained from not taxing a foreign trader who does not have a permanent residency.
A majority of the countries today tax their residents in line with their tax legislation, and as they would be taxed had they been in their resident country, the sources of the taxable income not withstanding. Similarly, non-residents of a country are usually taxed on that portion of the income that the government of the country feels that it is a source of the country (Gowthorpe et al 1998). ...