This thesis´ aim is to analyse the extension of the fuctionally separate entity approach (FSEA) used in order to attribute a proper amount of profit to banks´ permanet establishment (PE) and the related implication in the authorised OECD approach (AOA). From a general perspective in fact, under the FSEA a PE is treated as being a separate entity from the head office, functions, assets, risks and funding shall be attributed as it was a separate legal entity. However, beyond the previous statement some general limitation of the FSEA and the particular nature of bank (and in general financial institutions) require a further reflection. Practically speaking: how far is the extension of this functional separate entity approach? Is it treatable as a complete separate company by itself? If not, how far is from the economic reality of the company? After a fisrt descriptive part, the author analysis the hybrid nature of the FSEA: acoording with his view traces of single entity approach are founded. However the hybrid nature of the FSEA is not per se a limitation but shall be considered as strength: the OECD´s approach grants a certain degree of flexibility and ability to adapt based on the context that on the other hand would have let the FSEA and the AOA be even more complicate.
| Identifer | oai:union.ndltd.org:UPSALLA1/oai:DiVA.org:uu-322615 |
| Date | January 2017 |
| Creators | Baldi, Davide |
| Publisher | Uppsala universitet, Juridiska institutionen |
| Source Sets | DiVA Archive at Upsalla University |
| Language | English |
| Detected Language | English |
| Type | Student thesis, info:eu-repo/semantics/bachelorThesis, text |
| Format | application/pdf |
| Rights | info:eu-repo/semantics/openAccess |
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