Enforceability of OECD Linking Rules in the Light of EU Law

Vanden Berghe, Bruno (2017) Enforceability of OECD Linking Rules in the Light of EU Law. LSE Law Review, 2. pp. 63-92. ISSN 2516-4058

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Abstract

To counter tax arbitrage resulting from the use of hybrid financial instruments, the Organization for Economic Co-operation and Development (OECD) suggested the implementation of anti-hybrid mismatch rules, which align the domestic tax treatment of hybrid financial instruments with their tax treatment in foreign countries. This paper assesses the enforceability of these so-called “linking rules” in the light of European Union (EU) law. Since the European Court of Justice (ECJ) has yet to rule on their relation to EU law, considerable weight is assigned to legal literature and comparable ECJ case law. Following the various steps of the analytical framework adopted by the ECJ, the author concludes that OECD linking rules are enforceable in the light of EU law, provided that the Member States implementing these rules domestically complement them with additional conditions.

Item Type:	Article
Official URL:	https://www.lselawreview.com/
Additional Information:	© 2017 The Author
Divisions:	LSE
Subjects:	K Law > K Law (General)
Date Deposited:	01 May 2018 09:25
Last Modified:	15 Sep 2023 15:57
URI:	http://eprints.lse.ac.uk/id/eprint/87715

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