14 research outputs found
Cross-border Intra-group Hybrid Finance and International Taxation
In intra-group finance hybrid instruments allow for tailor-made form of finance. Hence hybrid finance is often used for international tax planning in multinational groups. Due to a lack of international tax harmonization or tax coordination qualification conflict can arise. A specific hybrid instrument is classified as debt in one country, and as equity in the other country. This may lead to double taxation. In the reverse case, double non-taxation can arise. Against this legal background one might expect that cross-border hybrid intra-group finance is advantageous in comparison to classical debt finance in case of double-non-taxation while it can be expected to be disadvantageous in the case of double taxation of the yield. Previous studies do not include qualification conflicts. Thus the question arises how qualification conflicts are affecting an intra-group finance decision. We examine effects of such qualification conflicts, resulting from the use of cross-border, intra-group hybrid finance, on the tax-advantageousness as compared to classical debt finance. The analysis is based on a binomial simulation model including economic and legal uncertainty. We show that the results of our analysis under uncertainty vary significantly when compared to the more obvious results under economic and legal certainty. (author´s abstract)Series: Discussion Papers SFB International Tax Coordinatio
Formula Apportionment or Separate Accounting? Tax-Induced Distortions of Multinationals' Location Investment Decisions
We examine which tax allocation system leads to more severe distortions with respect to locational
investment decisions. We consider separate accounting (SA) and formula apportionment (FA). The
effects of both systems have been hotly debated in Europe in the past years. The reason is that the EU
Member States are striving to implement a common European tax system that would lead to a switch
from SA to FA. While existing studies focus primarily on the impact of taxes on locational decisions
under either SA or FA, the main innovation of this paper is that it compares both systems with regard
to the level of distortions they induce. We compare the optimal pre-tax investment decision with the
optimal after-tax investment decision and infer from the difference in the allocation of investment
funds which tax allocation system causes more severe distortions. We assume that the multinational
group (MNG) has comprehensive book income shifting opportunities under SA. We find that the
investment incentives under SA are opposed to those under FA for a profitable investment project.
Whereas under SA as much as possible should be invested in a high-tax country, under FA as much as
possible should be invested in a low-tax country. The distortions of locational investment decisions
tend to be more severe under SA than under FA if a greater share of investment funds is to be invested
in a low-tax country from a pre-tax perspective and the investment is profitable. Vice versa, locational
decisions may be more distorted under FA if the optimal pre-tax investment decision requires
investing a major share of funds in the high-tax country. In contrast to the often stated insensitivity of
FA towards income shifting, we find the introduction of a tax allocation system based on FA in
Europe could lead to a severe shift of economic substance to low-tax countries. The results of this
paper are of particular interest for European policy makers and MNGs as our findings may induce
European MNGs to reassess their recent locational investment decisions in the face of a potential
future change in the applied tax allocation system. (authors' abstract)Series: WU International Taxation Research Paper Serie
Die steuerliche Vorteilhaftigkeit der Verwertung ausländischer Verluste in Österreich. Ein Rechtsformvergleich.
Series: Discussion Papers SFB International Tax Coordinatio
Zinsschranke und EBITDA-Vortrag. Wirkungsanalyse unter Unsicherheit.
Series: Discussion Papers SFB International Tax Coordinatio