The importance of the place of effective management in taxation with particular attention to the potential infringements

16 May 2025, Version 1
This content is an early or alternative research output and has not been peer-reviewed by Cambridge University Press at the time of posting.

Abstract

This study aims to demonstrate the relevance of determining the place of effective management being aware of the fact that it is such a crucial problematic issue of the current international tax law that can be source of different abuses. Defining and creating a place of effective management has a highlighted importance especially in companies active in the field of holding and capital investment activities. Comparing the operative and strategic decisions of such business entities may lead to specific features irrespective of the trading or service providing nature of the involved companies. We would like to put forward our proposals based on the analysis of the different double taxation conventions, national tax legislations and national case laws and the best practices of the national tax authorities, to create fairer and more efficient taxation, which includes reducing costs for cross-border businesses, avoiding double taxation, expansion into new areas such as the digital sector, combatting tax avoidance, modernisation and more cooperation.

Keywords

double taxation
international tax planning
effective management
tie-breaker rule
trust services
company service provider
OECD Model Convention
worldwide income

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