This stimulating and highly topical module offers you an opportunity to engage with some key issues in the corporate income taxation of multinational corporations ('MNCs'). We begin by introducing some fundamental tax concepts, such as the 'jurisdiction to tax', the idea of 'international business taxation' itself, and principles such as 'inter-nation equity' and 'capital-import and capital-export neutrality'.
This foundational material should equip you with the tools needed for our discussion of the two main themes of the course. One of these is the problem for businesses of international double taxation, together with its mitigation by double taxation conventions ('DTCs'). We shall be analysing in some detail the OECD Model Convention, as well as an example of one of the UK's existing DTCs. The other main theme is the problem for governments of international tax avoidance through, for instance, transfer pricing, thin capitalisation and controlled foreign corporations.
Finally, we shall be locating the two main themes, together with some other topical issues, in the specific context of the taxation of MNCs within the Member States of the EU. This is the subject of a growing and highly controversial case law of the European Court of Justice, and we shall be sampling some recent developments in this area too.
Taught through seminar discussion of both essay-type and problem questions, the module aims to give you both a technical and a theoretical insight into some very complex material. To facilitate this, each of the themes will be considered by reference both to its international treaty context and also to its reflection in the international dimensions of UK corporation tax law.