在國際金融蓬勃發展的現況下，國際間的租稅協定與租稅政策如何吸引投資者進行外國證券投資，為各國促進國際金融與經濟的發展的重要議題。本研究探討的問題為國際間的租稅協定與個別國家的租稅改革是否影響投資人在進行外國證券投資的投資決策。 本研究以中國為例，探討於2008年中國實施新企業所得稅法後，與中國簽有租稅協定國之境外投資人，是否因其適用的股利所得稅率較非租稅協定國低，而有較大誘因與動機增加其對中國的外國證券投資金額。而實證結果顯示，於中國2008年的租稅改革後，與中國簽有租稅協定國的境外投資人明顯增加其對中國的外國證券投資額。此結果證明，租稅協定與租稅政策對外國證券投資者的投資之決策有其影響力。 / Since Global Financial has grown rapidly, how countries develop their financial markets and economics by abstract foreign portfolio investment (FPI) through international tax treaty and tax policy has become an important issue. And this study examines the relationship between tax treaty and tax reform to FPI, in order to see how taxation effects foreign investors’ investment decisions. This study derives the hypothesis that Enterprise Income Tax Law of the People’s Republic of China of 2008 should lead to a portfolio reallocation by foreign investors toward equities in tax-favored countries. An analysis that compares foreign equity holdings in treaty and un-treaty countries with China finds a substantial portfolio reallocation toward the former. The empirical results of the study indicates that after the tax reform of 2008 in china, treaty countries have more incentive than un-treaty countries to increase their FPI toward equities due to their lower dividends tax rates. And this result suggests that tax treaty and tax reform have an impact on FPI investors’ decisions.

隨著經濟活動全球化及資本移動自由化，跨國企業及個人之資產與所得分佈全世界，且因稅捐稽徵機關與納稅人間資訊不對稱，使得稅務資訊蒐集異常困難，稅捐稽徵機關在查核跨國案件時面臨極大挑戰，國際租稅合作與資訊交換成為各國稅捐稽徵機關用以處理國際租稅規避案件之重要工具。 本文就稅務資訊交換介紹國際稅約協定範本及其發展，並與我國經濟體相當之香港、新加坡及先進國家美國、瑞士等國家及OECD、UN及EU等國際機構所公布之國際租稅最新發展進行比較。本文研究歸納，資訊交換為影響我國洽簽租稅協定成敗之關鍵因素，進行銀行資訊交換應不影響我國發展為國際金融中心，支持財政部推動洽簽包括資訊交換之租稅協定。本文建議因應國際資訊交換之趨勢，我國應加強稽徵人員訓練、進行稅捐稽徵法第5條修法、確認租稅協定之法律位階、擴大租稅協定網絡之修法及加強宣導租稅資訊交換保密性等面向，強化我國資訊交換效能。 / Due to the globalization of economic activities, the labialization of capital transactions, individual worldwide assets and income and the asymmetric information of taxpayers and tax authorities, it is difficult for tax authorities to collect information. International cooperation in tax matters is crucial to ensuring the administration and enforcement of countries’ tax laws as cross border tax evasion becomes easier with the liberalization of financial markets. This thesis first introduces the development of the models of tax convention with special reference to EOI, it then makes a comparison of the measurements of EOI in the economies such as Hong Kong, Singapore, Switzerland, and the United States, and also looks at recent publications on EOI by OECD, UN and EU. It is concluded that EOI is the key to conclude tax treaties, that EOI of bank information will not adversely affect Taiwan government policy to become an international financial center, and that Ministry of Finance is supported to conclude tax treaties including EOI. It is suggested that strengthening the efficiency and capability of EOI in the aspects of strengthening the training of the tax collectors, amendment of Article 5 of the Tax Collection Act, confirmation of the legal status of tax treaties, broadening of the net work of tax treaties and promotion of the importance of the confidentiality of the EOI, so as to follow the international trend of EOI.

過往的國際租稅制度設計著重於避免雙重課稅以消除經貿交流所產生之障礙，然而當今因資訊科技快速發展使得新興商業模式興起，跨國交易手法複雜且創新，此套國際租稅制度已逐漸無法滿足當今新型態稽徵之需求，常造成各國稅捐之流失。因此，國際租稅制度的理念已由過往的避免雙重課稅轉換為現今的避免雙重不課稅，而跨國反避稅風潮也由此而生。我國於跨國反避稅浪潮中亦制定多項反避稅措施，然而其成效如何並未有相關研究文獻作全面性之檢視，因此本文以2002年至2014年台灣上市、上櫃與興櫃公司財務資料探討我國實施多年之反避稅措施對於企業租稅負擔與避稅行為之影響。 本文研究結果顯示，移轉訂價查核準則實施與簽署租稅協定將提升企業租稅負擔與降低避稅行為。由於我國企業資本弱化情形並不嚴重，因此反資本弱化條款實施對於我國企業並無顯著影響。在簽署租稅協定內含利益限制條款方面，利益限制條款並未顯著提升我國企業租稅負擔與避稅行為，究其原因，可能為我國簽署租稅協定且含利益限制條款之樣本數過少使其效果並不明顯。 / The emergence of international tax system was to reduce the burden of juridical double taxation and increase cross-border transactions. However, the new business model changed by rapid development of science and technology made taxing authorities difficult to define the substance of cross-border transactions. In this case many countries faced the fact of tax erosion, so the objective of international tax system has been changed from the elimination of double taxation to anti-avoidance measures. In order to prevent tax erosion, Taiwan’s government had legislated some anti-avoidance provisions. There is no study that research those anti-avoidance provisions whether have impact on Taiwanese enterprise. This study used Taiwanese financial information from 2002 to 2014 to investigate the tax burden and tax avoidance of enterprise after anti-avoidance provisions had been legislated. Empirical results show transfer pricing rules and tax treaties not only increase the tax burden but also decrease the tax avoidance of Taiwanese enterprise. This study find that there is no thin capitalization in Taiwan. At the end, tax treaties which involved limitation-on-benefits can’t increase the tax burden and decrease the tax avoidance of Taiwanese enterprise. Owing to few samples of tax treaties which involved limitation-on-benefits, the empirical result don’t reach the significant level.

The thesis deals with taxation of dividend income that is being paid out from or to the Czech Republic. It gives an insight into the international tax regulations and their impact on the Czech legislation. The thesis focuses on the definition of dividends and relevant tax procedures. Furthermore, it makes an assessment based on practical scenarios, on the extent of tax burden of persons, Czech tax residents that receive dividends; and the impact on Czech tax revenues in connection with dividend payout to different countries.

博士（経済学） / 甲第410号 / iii, 165p / 一橋大学

Can a multilateral negotiating process—that is, cooperation between many states in a single forum—successfully reform the network of bilateral tax treaties that currently makes up the bulk of international tax law? The BEPS Project aims to be the first major push for a multilateral tax process since the creation of the OECD’s Model Tax Convention in the 1960s. Through BEPS, the OECD and 130-plus countries are in final negotiations to implement Pillar One and Two, which will: (1) create a new taxing right for “market jurisdiction” countries on the profit of international companies that do business there without a physical presence; and (2) implement a top-up tax levied against companies that offshore profits from intangible assets in low-tax jurisdictions. To predict whether the multilateral reform effort will be successful, it is important to examine the nature of the multilateral negotiating process itself, because every negotiation is shaped by its context.  But this context is not static—rather, the nature of tax multilateralism varies depending on certain global conditions. Sometimes, it is a hierarchical process, dominated by powerful countries operating in a closed-club of developed states spearheading the effort, while weaker countries must tag along and accept the eventual outcome. Alternatively, multilateralism may be egalitarian and inclusive, with many countries—strong and weak alike—contributing to the debate, accepting tradeoffs, and endorsing the outcome. In this thesis, I demonstrate that the nature of tax multilateralism has changed from the former model to the latter by comparing the negotiation of the OECD Model Tax Conventions with the Pillars Negotiation. I begin by identifying several factors that influence the nature of tax multilateralism: first, the distribution of global power among states; and second, the level of integration of the global economy. In an international system where power is concentrated in a few states, and the international economy is fragmented (i.e., the conditions of the 20th Century), multilateralism tends to be hierarchical and exclusive. However, when power is diffused and the global economy is integrated, (the conditions of the 21st Century), then multilateralism is egalitarian and inclusive. In such a context, international tax issues—like base erosion and profit-shifting—are so vast and complex that no state, acting alone or in a small group, could deal with them. The thesis thus concludes that the nature of tax multilateralism has changed, because in modern negotiations, powerful states are both less capable of dominating other states in the negotiating process and are highly dependent on a successful outcome that creates global consensus.

Globalisation of trade and investment has led multinational enterprises to develop strategies to maximise profits by investing in countries with a favourable tax climate, resulting in loss of tax revenue to domestic economies. In South Africa, recent economic liberalisation and associated relaxation of exchange controls have created increasing exposure to global competition, risk of capital flight and potential threat to the tax base. Heeding OECD recommendations intended to counter negative tax implications for domestic economies and curb harmful tax practices, South Africa introduced controlled foreign company provisions initially in 1997, followed by comprehensive legislation in 2001. Appropriateness of South Africa’s CFC regulations as domestic anti-avoidance measures is assessed in this study for their relevance in the international fiscal arena, highlighting key divergences, shortcomings and anomalies in the South African regulations compared with OECD recommendations, and with regulatory measures in the United Kingdom (jurisdictional-entity approach) and the United States (transactional approach), these two examplars offering paradigms of the most important CFC regulatory approaches currently in force. The primary materials investigated in the study are the statutes which constitute the taxation laws, read in conjunction with auxiliary, quasi-statutory advisory and explanatory documentation issued by the respective regulatory authorities, along with test cases that established legal precedent on points of ambiguity in taxation law. A key finding in the literature review is the relative dearth of publications on current South African CFC regulations in an international comparative context. A paradigm shift is noted in United Kingdom tax policy, as it migrates towards a territorially inclined tax system in CFC regulations – more compatible with European Union (EU) requirements and propelled in large measure by EU-pressure – with a similar trend in United States tax policy, intended to rekindle expansion and growth of the United States economy through repatriation of foreign funds earned by CFCs. The study finds that it would be unrealistic to seek an absolute paradigm for reform or evolution of South African CFC regulations in either the United Kingdom or the United States, although the South African and United Kingdom CFC measures show significant affinities in their entity-based mechanisms to grant full exemption. More significant constituents of CFC regulation in one or another of the two countries do, however, prove to be generally congenial to the South African situation and offer useful pointers for ongoing reform of the South African measures. Other areas in the United Kingdom or United States CFC regulations are identified as less relevant to South African requirements, being linked to tax principles that would be excessively complicated in the South African circumstances, needlessly demanding for tax administrators and for South African shareholders, contradictory to South African tax principles, anachronistic, or not suited for the underlying global-entity approach in the South African regulations. The research provides an updated assessment of the current state of the South African CFC regulatory measures, when seen in a broader international context, and indicates areas that could be the subject of fruitful ongoing investigation. / PhD (Tax), North-West University, Potchefstroom Campus, 2014

Globalisation of trade and investment has led multinational enterprises to develop strategies to maximise profits by investing in countries with a favourable tax climate, resulting in loss of tax revenue to domestic economies. In South Africa, recent economic liberalisation and associated relaxation of exchange controls have created increasing exposure to global competition, risk of capital flight and potential threat to the tax base. Heeding OECD recommendations intended to counter negative tax implications for domestic economies and curb harmful tax practices, South Africa introduced controlled foreign company provisions initially in 1997, followed by comprehensive legislation in 2001. Appropriateness of South Africa’s CFC regulations as domestic anti-avoidance measures is assessed in this study for their relevance in the international fiscal arena, highlighting key divergences, shortcomings and anomalies in the South African regulations compared with OECD recommendations, and with regulatory measures in the United Kingdom (jurisdictional-entity approach) and the United States (transactional approach), these two examplars offering paradigms of the most important CFC regulatory approaches currently in force. The primary materials investigated in the study are the statutes which constitute the taxation laws, read in conjunction with auxiliary, quasi-statutory advisory and explanatory documentation issued by the respective regulatory authorities, along with test cases that established legal precedent on points of ambiguity in taxation law. A key finding in the literature review is the relative dearth of publications on current South African CFC regulations in an international comparative context. A paradigm shift is noted in United Kingdom tax policy, as it migrates towards a territorially inclined tax system in CFC regulations – more compatible with European Union (EU) requirements and propelled in large measure by EU-pressure – with a similar trend in United States tax policy, intended to rekindle expansion and growth of the United States economy through repatriation of foreign funds earned by CFCs. The study finds that it would be unrealistic to seek an absolute paradigm for reform or evolution of South African CFC regulations in either the United Kingdom or the United States, although the South African and United Kingdom CFC measures show significant affinities in their entity-based mechanisms to grant full exemption. More significant constituents of CFC regulation in one or another of the two countries do, however, prove to be generally congenial to the South African situation and offer useful pointers for ongoing reform of the South African measures. Other areas in the United Kingdom or United States CFC regulations are identified as less relevant to South African requirements, being linked to tax principles that would be excessively complicated in the South African circumstances, needlessly demanding for tax administrators and for South African shareholders, contradictory to South African tax principles, anachronistic, or not suited for the underlying global-entity approach in the South African regulations. The research provides an updated assessment of the current state of the South African CFC regulatory measures, when seen in a broader international context, and indicates areas that could be the subject of fruitful ongoing investigation. / PhD (Tax), North-West University, Potchefstroom Campus, 2014

The aim of this master thesis is to compare the tax burden of income from employment in the Czech Republic and Austria and to calculate the amount of tax paid by a tax resident of the Czech Republic on foreign income. In the theoretical part, there are mentioned basic informations about the tax system of the Czech Republic and Austria. First of all the issue is a way to determine the tax base, what tax rates are in each country and wheater the tax can be reduced by some amounts. In the practical, the knowledge is applied to the calculation of payroll tax in the Czech Repub-ic and Austria. It compares the differences in the calculation and the amount of tax in both countries and evaluates the tax burden on the gross income of a resident of the Czech Repub-lic working abroad. It also describes the method of taxation of foreign income in the Czech Republic. It was found that the income tax burden in Austria is higher than in the Czech Republic. In the Czech Republic, the effective rate even reaches negative values - the tax bonus is paid out. Considering the high tax rates in Austria, this situation will never occur.

成立區域經濟聯盟除因政治因素之需要外，主要係因會員國可藉由經濟統合，消除彼此間貿易及競爭之障礙，而獲致經濟利益。經濟聯盟會員國間稅制之差異及差別課稅待遇亦會形咸貿易及競爭之障礙，因此有加以調和之必要。一般之經濟聯盟由於統合程度較低，僅有將關稅等間接稅加以調和，而歐洲共同體因致力於建立一個無內部邊界之單一市場，確保貨物、人員、勞務及資本之自由移動，其統合程度較高，故對直接稅亦加以調和。其調和直接稅之立論根據及處理情形，頗值其他區域經濟聯盟之參考，為本文之研究重點。 　　本文第一章為緒論。第二章則先就經濟統合之型式及利益加以介紹，為獲致這些利益，租稅所形成之障礙有必要加以消除。其次，對調和租稅之一般理論，按租稅調和之性質、方法、原則及動態等面加以說明。最後分析直接稅各別稅目之調和理論。在公司所得稅方面，分析不同之課稅主權主義對國際間效率面之影響，及其租稅調和之效果。在個人所得稅方面，資本所得課稅之效果與公司所得稅相同，勤勞所得部分，為兔租稅影響人民工作地點之選擇，各國之薪工稅應予一致，並採屬人主義課稅。不論就公司稅或個人稅，屬人主義在效率面之效果均優於屬地主義，惟因人民之國外所得不易掌握課稅，及聯盟內人員之跨國流動性提高，屬人主義下仍有其缺點，而有必要進行租稅調和。至於其他之直接稅，因多係對不動產加以課稅，稅基較不具流動性，扭曲效果較小，故其調和較不具迫切性。 　　歐體之直接稅應否調和，在其會員國問一直存在爭議，主要係因在經濟面，直接稅差異之扭曲效果及福利成本不易估計，故不易說服會員國採行調和法案。另在法律面，調和直接稅之法律依據亦不若間接稅明確。本文第三章就歐體公司稅之扭曲情形及共同體法之規定加以討論，以瞭解歐體調和直接稅之立論根據，並介紹直接稅調和之主要演進情形。 　　第四章則就歐體實務面調和直接稅之法案加以介紹，包括已獲採行及提案中之法案，分為與公司有關之直接稅調和、所得稅之稽徵業務、個人所得稅及其他直接稅、相關改革等四個部分加以說明。 　　第五章就歐體直接稅調和之現況加以評估，討論未來以租稅條約取代調和指令之可行性，及歐體會員國租稅條約應有之政策。因租稅條約尚無法完全取代調和指令，歐體直接稅採指令加以調和仍有必要。由於歐體直接稅調和尚在發展當中，其未來進一步調和的空間仍大。惟直接稅調和受歐體其他方面未來統合進展之影響頗大，故就其未來受經濟面、政治面、法律面、理論面影響之因素加以分析。並介紹歐體未來調和直接稅之計劃，以對直接稅調和有有一整體性之瞭解。 　　最後於第六章對本文做一結論，並就我國稅法之規定、對我國公司之影響及對國際組織之態度等方面提出建議。