Wealth & Risk Management Blog

William Byrnes (Texas A&M) tax & compliance articles

Posts Tagged ‘Tax treaty’

2014 Update of OECD Model Tax Convention

Posted by William Byrnes on July 18, 2014


OCDE_10cm_4cOn June 16, 2014 the OECD Council approved the contents of the 2014 Update to the OECD Model Tax Convention.  The OECD stated that this update will be incorporated in a revised version of the Model Tax Convention that will be published in the next few months.

The 2014 Update includes the changes to Article 26 and its Commentary that were approved by the OECD Council on July 17, 2012.  It also includes the final version of a number of changes that were previously released for comments through the following discussion drafts:

The 2014 Update does not include any results from the ongoing work on the BEPS Action Plan. Moreover, the 2014 Update does not include the changes included in the discussion draft of November 15, 2013 on Proposed changes to the provisions dealing with the operation of ships and aircraft in international traffic (except for a change to the Introduction); as indicated in that discussion draft, further work is needed with respect to these changes before they are included in the OECD Model Tax Convention.  The 2014 Update also does not include any of the changes put forward in the discussion draft of October 19, 2012 on Revised proposals concerning the interpretation and application of Article 5 (Permanent Establishment); since it is expected that work on Action 7 (Prevent the Artificial Avoidance of PE Status) of the BEPS Action Plan will result in changes to Article 5, the proposed Commentary changes included in that discussion draft will not be finalised until the work on Action 7 has been completed.

See http://www.oecd.org/tax/treaties/2014-update-model-tax-convention.htm

Posted in OECD | Tagged: , , , , | Leave a Comment »

LexisNexis Publishes William H. Byrnes “International Withholding Tax Treaty Guide – 2nd Edition”

Posted by William Byrnes on October 24, 2013


IMG_1956 (1)

LexisNexis released in September 2013 the new and expanded 2nd Edition of its International Withholding Tax Treaty Guide.  Thomas Jefferson’s Associate Dean of Graduate & Distance Education William Byrnes is the co-author with Dr. Robert J. Munro, retired law librarian of University of Florida. This is William Byrnes and Robert Munro’s sixth book together.

When asked about how Dr. Munro and he started writing together, William Byrnes replied: “When I met him in 1998, Dr. Robert Munro was Co-Director of the Center for International Financial Crimes Studies at University of Florida’s College of Law, focusing on anti money laundering and anti terrorism financing, whereas I focused on international taxation and multinational behavior.  We explored several overlapping areas of interest, approaching each from our very different perspectives.  Dr. Munro brings to the table his experience as a national security expert and his research into undocumented marketplaces whereas I bring my experience with multinational organization decision making and risk management.”

“Dr. Munro, after retiring from University of Florida, actively teaches anti money laundering for the Thomas Jefferson graduate program and provides its graduate and juris doctorate students with publication opportunities through the publication course to promote their professional careers.  He has been particularly helpful with assisting students seek national security careers.”

Regarding the 2nd edition International Withholding Tax Treaty Guide published this month, Robert Munro added: “The second edition of International Withholding Tax Treaty Guide includes a new binder with new chapter structures of completely rewritten tax information and analysis.  The International Withholding Tax Treaty Guide has been expanded to include many new countries to match the robust list of 110 countries of Foreign Tax & Trade Briefs.  Moreover, International Withholding Tax Treaty Guide subscribers will receive new chapters of analysis and planning based on the OECD Model DTA articles and major trading country jurisprudence that are most relevant to corporate tax counsel, addressing topics such as capital gains, dividends, interest, rents, leasing income, royalties, and permanent establishment.  Corporate counsel may combine the Foreign Tax & Trade Brief publications with Tax Havens of the World to form an international tax planning and risk management library at substantially less cost than competitive product suites.”

William Byrnes explained the history of this Lexis publication: “During the Second World War, Walter H. Diamond, then a banker, was tasked by the federal government to analyze and report on the investment and tax laws of each country and territory of which the Allies held confiscated Axis assets.  Walter Diamond ventured though out the continents and Pacific meticulously collecting the local tax and investment laws and regulations applicable to the Allies new assets, and transcribed them into an understandable brief by country for the U.S. Treasury.  In 1948, Matthew Bender published his country briefs in the first edition of Foreign Tax & Trade Briefs.  Since 1948, the quarterly updated country briefs have been leveraged by thousands of multinational corporate counsel subscribers as part of their foreign tax and investments risk management best practices.”

“In 1974, Matthew Bender added a third binder to Foreign Tax & Trade Briefs, International Withholding Tax Treaty Guide, to specifically address the important role of tax treaties in tax risk management that had developed in the sixties.  By 1975, nearly 1,000 tax treaties had been signed between countries based on the OECD’s Model with an additional 200 treaties in force based on the League of Nations Models.  There are now more than 3,200 tax related treaties.”

When asked their next project together, Dr. Munro stated: “We are looking at tackling the rewrite of all three binders of Lexis’ Tax Havens of the World, with a new table of contents, new chapters, and a more modern ‘post-OECD reports’ approach.”  William Byrnes added, “Yes, this major re-do should keep us creatively busy another couple years.”

Posted in book, Taxation | Tagged: , , , , , , , | Leave a Comment »

Second Edition of Lexis’ International Withholding Tax Treaty Guide released

Posted by William Byrnes on August 26, 2013


Associate Dean William Byrnes is also pleased to announce the publication of International Withholding Tax Treaty Guide, Second Edition by LexisNexis.

The second edition of International Withholding Tax Treaty Guide, authored by Professor William H. Byrnes and Dr. Robert J. Munro, includes new binders with new chapter structures of completely rewritten tax information and analysis. The second edition of Foreign Tax & Trade Briefs includes a new structure for all 110 country chapters to reflect the evolution of national tax systems since 1948. The International Withholding Tax Treaty Guide has been expanded to include many new countries to match the robust list of Foreign Tax & Trade Briefs, and its footnote numbering has been amended for brevity and modern coherence.

Moreover, International Withholding Tax Treaty Guide subscribers will receive new chapters of analysis and planning based on the OECD Model DTA articles and major trading country jurisprudence that are most relevant to corporate tax counsel, addressing topics such as capital gains, dividends, interest, rents, leasing income, royalties, and permanent establishment, as well as developing topics such as new standards of information exchange. Corporate counsel may combine these publications with the LexisNexis Matthew Bender publication Tax Havens of the World to form a complete international tax planning and risk management library.

Associate Dean William Byrnes said “The Second Edition completes my re-write process of this book to re-structure the citation architecture for a modern approach to tax treaty analysis,”  Over the next two years I will author an in-depth, comparative analysis of tax treaty articles, to provide practitioners and arbitrators a go-to treatise for global corporate planning.”

William Byrnes continued “In 1974, Matthew Bender added a third binder to Foreign Tax & Trade Briefs, the International Withholding Tax Treaty Guide, to specifically address the important role of tax treaties in tax risk management that had developed in the sixties. By 1975, nearly one thousand tax treaties had been signed between countries based on the OECD’s Model with an additional 200 treaties in force based on the League of Nations Models. Moreover, many (former) territories had become independent, developing countries with the ability to establish their own tax treaties. There are now more than 3,200 tax treaties, of which 2,900 are signed and in effect with the remaining 300 yet to become effective by official legislative approval.”

Posted in book, Taxation | Tagged: , , , , , , | Leave a Comment »

Brazilian Taxation and Investment (in-depth video-conference course) February 1st – April 7th

Posted by William Byrnes on January 10, 2011


This 10 week live online video-conference course on Brazil will be taught in English (but all attendants may use Portuguese to ask and respond to questions) by several renown Brazilian specialists who have extensive out-of-country experience, working as international counsel for large multinational companies, big 4 firms, and government.

Please contact Associate Dean Prof. William Byrnes if you are interested in enrolling in this executive education course.  wbyrnes@tjsl.edu or skype: professorbyrnes  All lectures are recorded for playback during the ten weeks.  Lexis access is included.

Tax System:

  1. Overview – Main taxes;
  2. Corporate Taxation: Corporate Income tax and Social Contribution;
  3. Simplified tax regime;
  4. Accounting Rules (IFRS and SPED);
  5. Investment incentives;
  6. Developing a Tax Strategy in Brazil;
  7. Tax avoidance versus Tax Evasion

General Overview of Brazilian Indirect Taxes

  1. VAT;
  2. Other Indirect Taxes;

Foreign Investments:

  1. Brazilian Central Bank (Regulations, Registrations and forms);
  2. Dividends, Royalties, Loans, etc;
  3. Capital Gains;
  4. Foreign Trade Rules (Import and Export transactions);

Mergers & Acquisitions;

  1. Corporate aspects;
  2. Tax implications;

Financial System:

  1. Organization,
  2. Newcomers,
  3. Competition,

Foreign Companies:

  1. Tax credit
  2. Withholding Tax;
  3. Financing issues;
  4. Permanent Establishment;
  5. Low-tax Jurisdictions (Tax Haven Countries);
  6. Tax treaties

Transfer Pricing

Industrial Property Rights

Posted in Courses | Tagged: , , , , , , , | 1 Comment »

 
%d bloggers like this: