Learning Objectives
5 objectives- Understand the fundamental principles and importance of international tax law and tax treaties.
- Analyze criteria for tax residency, domicile, and their implications on international taxation.
- Examine double taxation issues and evaluate methods for relief including tax treaties and unilateral measures.
- Explore transfer pricing, Controlled Foreign Corporation rules, and anti-avoidance measures to prevent tax base erosion.
- Evaluate international initiatives such as the OECD BEPS project and interpret tax treaty provisions through case studies.
Content Outline
PreviewUnit 1734: International Tax Law
1. Introduction to International Tax Law
- Overview and significance of international tax law
- Key principles governing international taxation
- Role and relevance of tax treaties in cross-border taxation
2. Tax Residency and Domicile Rules
- Definition and importance of tax residency
- Criteria for determining residency of individuals
- Residency rules for entities (corporate residency)
- Concept of domicile and its impact on tax obligations
- Conflicts and tie-breaker rules in residency determination
3. Double Taxation and Methods of Relief
- Understanding double taxation: economic vs juridical
- Consequences of double taxation on taxpayers and economies
- Methods of relief:
- Tax treaties (bilateral agreements)
- Unilateral relief measures
- Tax credits and exemptions
- Interaction between domestic laws and international agreements
4. Transfer Pricing Rules
- Definition and purpose of transfer pricing regulations
- Arm’s length principle and its application
- Methods for determining transfer prices
- Documentation and compliance requirements
- Challenges in enforcement and dispute resolution
5. Controlled Foreign Corporation (CFC) Rules
- Objectives of CFC rules in preventing profit shifting
- Definition and identification of CFCs
- Types of income targeted (e.g., passive income)
- Mechanisms of CFC taxation
- Impact on multinational corporations and tax planning
6. Tax Havens and Anti-Avoidance Measures
- Characteristics and use of tax havens
- Tax avoidance vs tax evasion
- Risks and implications for international tax compliance
- Anti-avoidance rules:
- General anti-avoidance rules (GAAR)
- Specific anti-avoidance rules (e.g., substance requirements)
- International cooperation against aggressive tax planning
7. Tax Treaties and their Interpretation
- Purpose and structure of tax treaties
- Allocation of taxing rights between contracting states
- Key treaty provisions (e.g., residence, permanent establishment, dividends, interest, royalties)
- Interpretation principles:
- Vienna Convention on the Law of Treaties
- OECD Model Tax Convention guidance
- Resolving treaty disputes and mutual agreement procedures
8. BEPS (Base Erosion and Profit Shifting) Project
- Background and rationale for the OECD BEPS project
- Common BEPS strategies employed by multinational enterprises
- Key BEPS actions and measures:
- Treaty abuse prevention
- Transfer pricing documentation
- Country-by-country reporting
- Impact on international tax policy and compliance
9. Case Studies in International Tax Planning
- Analysis of real-world multinational tax planning structures
- Application of tax residency and treaty rules
- Transfer pricing controversies and resolutions
- Use of CFC and anti-avoidance rules in practice
- Evaluation of BEPS compliance efforts
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