Publisher's Synopsis
This book is the first in-depth study to analyze the circumstances in which the freedom of establishment or free movement of capital may apply to the cross-border distribution of dividends. It covers both the positive integration set forth by the European Commission and the Member States and the negative integration developed by the European Court of Justice. The author discusses such elements of these integration measures as the following:
- economic double taxation (two different subjects pay tax on the same profit);
- juridical double taxation (two different states tax one and the same person for the same income);
- exemption, credit, and other techniques adopted by States to avoid double taxation;
- division of taxing rights between two States with respect to dividend income;
- prevention of juridical double taxation by bilateral tax conventions;
- Member States’ mitigation of economic double taxation;
- double exemption as an unplanned outcome of double taxation prevention measures; and
- order of precedence between freedom of establishment and free movement of capital.