Prevention of Double Non-taxation: An Analysis of Cross-Border Financing from a German Perspective

Abstract:

The present article deals with the problem of double non-taxation arising from intragroup cross-border financing activities. In this context, the author explains selected financing strategies from a German outbound investment to identify distinctions or loopholes between the involved countries. Afterwards, specific and conceivable counter measures will be discussed in particular, such as the Organization for Economic Co-operation and Development (OECD) and the EU Commission have been addressed. Finally, the author comes to the conclusion that a correspondence principle could be purposeful to counter double non-taxation but only, if such a provision will introduce as a domestic and as a treaty rule as well.