Legal Interpretation of Tax Law

Tax departments and their external advisors are increasingly required to deal with the tax law of foreign jurisdictions. This practical new guide is the first to provide a comparative approach to help you understand tax law interpretation in economies engaged in cross-border investment on a global level

It covers 11 jurisdictions, each of which is written by a leading expert in the area. The countries range from those with longstanding common law and civil law, to emerging economies and transitional economies shifting from socialist to market systems

You’ll find a comprehensive interpretation of the law in the areas of VAT and GST or other general sales tax, along with corporate income taxes

The introduction outlines the theoretical approaches to legal interpretation in general, and gives you an overview of issues and topics relevant to taxation – designed to help you understand the jurisdictional chapters that follow. Within each of these chapters you’ll find detailed analysis and commentary on issues such as:

- methods of tax law interpretation used in each jurisdiction

- how the judiciary is organized in each jurisdiction as regards tax law

- the role, if any, of the central government’s high court in providing precedent and guidelines for interpretation

- external sources a court can consider when interpreting legislation

- constitutional restrictions on interpretation of legislation

- prevalence of the general anti-avoidance rule (GAAR)

- ‘transplanted’ categories (an undefined term is clarified through the meaning of that same term in another law)

- the concept of ‘ordinary income’

- the concept of ‘capital’ expenses

- interpretation of tax treaties; an

- interrelation of judicial interpretation and administrative interpretation

Each author pays detailed attention to such documentary elements as explanatory memoranda, administrative rulings, judicial precedents, judgments of foreign courts, legislative debates, and OECD guidelines

How will this help you?

- When consulting you need not only a good knowledge of tax law, but also how it is explained and interpreted in the courts of foreign jurisdictions. This book provides both, giving you the practical resource you need to advise your clients effectivel

- Gives you a thorough understanding of how both tax law generally, and specific provisions are likely to be applied to different types of cross-border transactions and investmen

If you are an advisor to a tax department, a tax lawyer working for international law firms and accounting firms, or an in-house tax professional working for multinational companies, this essential work will provide you with the information you need. Practitioners and academics will also find its comprehensive treatment and insight of interest.