W World Tax TJ Journal Volume 1 Issue 0 June 2009taxprof.typepad.com/files/world-tax-journal.pdf · Editorial WORLDTAX JOURNAL – LAUNCH PRESENTATION – JUNE 2009 |4 In addition,

WTJIBFD, Your Portal to Cross-Border Tax ExpertiseAlejandro Altamirano, Krister Andersson, Hugh Ault, Michael Devereux, Porus Kaka, Ruth Mason, Yoshihiro Masui,

Pasquale Pistone, Kees van Raad, Richard Resch, Jacques Sasseville, Wolfgang Schön, Joël Slemrod, Christoph Spengel, Vito Tanzi, Ben Terra, Heleno Torres, Frans Vanistendael, Richard Vann, Joanna Wheeler, Wim Wijnen

Volume 1 _ Issue 0 _ June 2009

Frederik ZimmerExit Taxes in Norway

Andreas Oestreicher, Timo Reister and Christoph SpengelCommon Corporate Tax Base (CCTB) and Effective Tax Burdens in the EU Member States

TJWWorld Tax Journal

World Tax Journal

MEMBERS OF THE EDITORIAL BOARD

LAWYERS

Europe: Pasquale Pistone (Italy), professor, Wirtschaftsuniversität Vienna, law facultyof the University of SalernoWolfgang Schön (Germany), professor, Director Max Planck InstitutMunich, Chairman of the IFA Research CommitteeKees van Raad (Netherlands), professor, Director ITC Leiden

North America: Hugh Ault (United States), professor, Boston College, consultant fiscal affairs OECDRuth Mason (United States), professor, University of Connecticut HartfordJacques Sasseville (Canada), international official, Fiscal Affairs OECD, Paris

Latin America: Alejandro Altamirano (Argentina), professor, practicing tax lawyer, Buenos AiresHeleno Torres (Brazil), professor, practicing tax lawyer, São Paulo

Asia: Porus Kaka (India), practicing tax lawyer, MumbaiYoshihiro Masui (Japan), professor, the University of Tokyo

Oceania: Richard Vann (Australia), professor, practicing lawyer, Sydney

ECONOMISTS

Europe: Krister Andersson (Sweden), professor, Federation of Swedish IndustryMichael Devereux (United Kingdom), professor, Said Business School, OxfordChristoph Spengel (Germany), professor, University of MannheimVito Tanzi (Italy), retired official, Fiscal Department IMF, WashingtonBen Terra (Netherlands), professor, University of Lund

North America: Joël Slemrod (United States), professor, University of Michigan

IBFD STAFFRichard Resch, senior academic associate IBFDFrans Vanistendael, professor, Academic Chairman IBFDJoanna Wheeler, visiting professor, senior principal research fellow IBFDWimWijnen, visiting professor, senior principal research fellow IBFD

P.O.Box 202371000 HE AmsterdamThe Netherlands

Tel.: 31-20- 554 0100Fax: 31-20-622 8658

www.ibfd.org

All rights reserved. No part of this publication may be reproduced, stored in a retrievalsystem or transmitted in any form or by any means, electronic, mechanical, photocopying, recording orotherwise, without the written prior permission of the publisher.

Applications for permission to reproduce all or part of this publication should be directed to:[email protected].

Disclaimer

This publication has been carefully compiled by the IBFD and/or its author, but no representation is madeor warranty given (either express or implied) as to the completeness or accuracy of the information itcontains. The IBFD and/or the author are not liable for the information in this publication or any decisionor consequence based on the use of it. The IBFD and/or the author will not be liable for any direct orconsequential damages arising from the use of the information contained in this publication.

However, the IBFD will be liable for damages that are the result of an intentional act or gross negligence onthe IBFD’s part. In no event shall the IBFD’s total liability exceed the price of the ordered product.

The information contained in this publication is not intended to be an advice on any particular matter.No subscriber or other reader should act on the basis of any matter contained in this publication withoutconsidering appropriate professional advice.

For information about IBFD publications and activities visit our website at www.ibfd.org

World Tax Journal_Launch Presentation_June.qxp:New Journal 15-05-2009 08:36 Pagina b

WORLD TAX JOURNAL – LAUNCH PRESENTATION – JUNE 2009 | 1

Table of Contents


Andreas Oestreicher, Timo Reister andChristoph SpengelCommon Corporate Tax Base (CCTB) and Effective Tax Burdens

in the EU Member States

Volume 1 – Issue 0 – June 2009

World Tax Journal_Launch Presentation_June.qxp:New Journal 15-05-2009 08:36 Pagina 1




Why a World Tax Journal now?Indeed, why a World Tax Journal (WTJ) now? There are already plenty of quiteexcellent tax reviews, so why do we need another one? The reason is very simple: theWTJ is different and unique, because it is an answer to the challenging question putby the scientific community to the legal and tax community: can the study of taxa-tion be carried out as a scientific discipline?

The answer may depend on how you define science, but it should be a resounding“yes”.

The WTJ is a purely academic journal. We have received comprehensive and learnedarticles from outstanding colleagues worldwide, which did not fit into existing taxjournals. The result was that these articles have been published in periodicals, likethe Common Market Law Review or the Yale Law Journal, which are journalsmeeting the highest standards, but which are not known as tax journals. The WTJis ready to receive these comprehensive and learned articles on taxation, so that theywill be known to the whole academic tax community.

Since the turn of the century, there has been increasing pressure from academicauthorities and institutions for research funding to conform tax research toappraisal standards that are commonly used in exact sciences. Research is only validwhen it is published in the international forum language of the discipline (English)and in peer reviewed journals, which as such are recognized on a world scale by thescientific communities.

The academic legal community including the tax community has largely resisted thispressure with the argument that legal research and science, including tax researchand science, are different from exact science because (1) the study of law and, inparticular, taxation concentrates on national phenomena and only very partially onworldwide events, and (2) legal and tax developments are not based on verifiableexperiments, but, rather, on socially accepted legal argumentation.

As a normative social science, scholarship in the field of tax law cannot be purelybased on the study of factual behaviour that can be researched using mathematicalcorrelations between patterns of behaviour. The facts that are the object of researchin taxation are also based on norms that are the expression of evolving economicand social objectives and of changes in moral values. These objectives and values areto a large extent determined by reference to a national framework that is very oftennot comparable with other national frameworks.

Editorial


Editorial


In addition, as a consequence of this multi-layered development of legal rules andtax rules, it is possible to find many different explanations for tax developments ofa historic, economic, social, political and even psychological nature. All of theseexplanations are, however, explanations of facts which do not grant normative valueto the rule.

The essence for the explanation of the existence and the functioning of a legal taxrule as an obligatory norm lies in legal reasoning that is mostly qualitative in natureand only to a limited degree also of a quantitative nature. The difference is that, fora legal tax norm to come into existence, it must be convincing. The basis for thisconviction can be manifold, but the core is a combination of elements (e.g. facts andvalue judgements) that constitutes the basis for legal authority. Scholarship in lawand taxation is the study of this complicated process.

It is clear that progress in this process cannot be reported in the same way as progressis reported in journals of exact scientific disciplines for the very simple reason thatthere is no single worldwide set of paradigms recognized as the basis for theexplanation of the existence and functioning of all legal rules.

We, however, believe that whatever the problems may be of fundamental research inother areas of law, in the area of international, comparative and regional taxation,a set of paradigms is emerging that makes it possible to report on questions offundamental research in a common journal that can be shared by all tax researchersworldwide. This is due to economic globalization, increasing regional economic andsocial integration, and the growing effect of international model treaties andcooperation arrangements in the field of taxation. This is a tremendous challenge,but, at the International Bureau of Fiscal Documentation, we believe that, with theworldwide cooperation of researchers in the tax community, academic and others,we can rise to this challenge by launching the new World Tax Journal.

Frans Vanistendael


Editorial PolicyThe International Bureau of Fiscal Documentation (IBFD) started as a not for profit organiza-tion on the occasion of the first congress of the International Fiscal Association in 1939. At thattime, the mission of the IBFD was as follows: “The creation and maintenance of an interna-tional bureau for fiscal documentation for the purpose of supplying information concerningtax law and the application of tax law as well as the stimulation of the development of tax sci-ence”. Today, the mission reads: “The objects of the Foundation shall be to organize and tomaintain a documentation and knowledge centre …”. Throughout its history, the IBFD hasendeavoured to achieve its scientific objectives by publishing books and periodicals of highquality in the area of international tax law and tax treaties. The launch of the WTJ is one morestep in this long tradition.

Aims and scopeThe objective of the WTJ is to meet the perceived need of the international research commu-nity for a scientific journal in the area of international, comparative and regional (e.g.European) taxation with a legal and an economic perspective. This multidisciplinary journalwill serve as an outlet for first-rate academic research on both theoretical and empirical aspectsof taxation. The focus is trans-national and global. Single-country tax analyses will not be pub-lished, unless they have a wider significance transcending several tax jurisdictions. The WTJwill accept articles on issues of social and economic tax and welfare policy, on innovative legaldevelopments, on the design and interpretation of tax laws and treaties, on important tax caseswith international relevance, and purely doctrinal articles. Contributions may include additionsto existing knowledge, presentation of new methodologies, discussion of policy issues, but alsofundamental reflections on untested and unsettled economic and legal problems of taxation.Although the WTJ will also publish shorter articles, it will specifically target longer learnedarticles, which do not fit in with current tax journals. The inclusion of a special section withcase law and book reviews is a possibility.

Peer reviewAll contributions will be peer reviewed, except for the publication of proceedings of congress-es or symposia. A first screening will be effectuated by IBFD editorial staff to guarantee mini-mal quality. Following this first screening, the article will be submitted to double blind peerreview. Peer reviewers have been selected from all parts of the world with a predominance ofEurope and North-America. It will be a requirement that submitted manuscripts have not beenpublished before and are not under consideration for publication anywhere else.

The journal will follow international editorial conventions, which optimize the retrievability ofsource articles, such as fully descriptive article titles and abstracts, complete bibliographicinformation for all cited references, and full address information for every author. All articleswill be subject to English language editing.


Editorial Policy


AuthorsThe journal’s authors will be primarily drawn from the worldwide community of tax academ-ics in law and economics, as well as from internal IBFD staff and policymakers and profession-als with a high reputation and a keen interest in academic research. A special effort will bemade to enable young authors to publish their work, provided it meets the editorial standards.

Editorial BoardThere will be a two-tier Editorial Board. The core Editorial Board will consist of four IBFDstaff, i.e. the Academic Chairman of the IBFD and three senior research associates, who will bein charge of day to day management of WTJ.

There will also be a larger worldwide Editorial Board. The Editorial Board will solicit articlesfrom other authors, in particular, promising young academics, to suggest subjects for contri-bution, to submit contributions themselves, to support the journal locally and to act as a sound-ing board for general strategy. The worldwide Editorial Board will communicate by e-mail andwill meet once a year, preferably at an IFA congress. Editors have been invited from all conti-nents so as to reflect the international focus of the WTJ. The WTJ will seek special cooperationwith the Permanent Scientific Committee of IFA and the Academic Committee of the EuropeanAssociation of Tax Law Professors (EATLP).


Editorial Policy



OverviewThe World Tax Journal is a worldwide peer-reviewed academicjournal covering international, comparative and regional taxationwith a legal and an economic perspective.

Features• Unique multidisciplinary platform for learned contributions• Theoretical and empirical aspects of taxation• Transnational and global focus• Legal and economic perspective• Double blind peer reviewed

EditorsAlejandro Altamirano, Krister Andersson, Hugh Ault, MichaelDevereux, Porus Kaka, Ruth Mason, Yoshihiro Masui, PasqualePistone, Kees van Raad, Richard Resch, Jacques Sasseville,Wolfgang Schön, Joël Slemrod, Christoph Spengel, Vito Tanzi, BenTerra, Heleno Torres, Frans Vanistendael, Richard Vann, JoannaWheeler, Wim Wijnen

• Format: print or online, articles will first appear online• Published: Published by IBFD. First issue October 2009; 3 issues p.a.• Introductory Subscription Price: USD 385 / EUR 295 per year

Subscription Information

World Tax Journal



Frederik Zimmer

Free Manuscript Download

Exit Taxes in Norway

AbstractRecently introduced exit taxes in Norway apply to capital gains on shares held by individualtaxpayers emigrating from Norway, to the emigration of companies and to capital gains on thetransfer of assets and liabilities outside the Norwegian tax area. This article describes andanalyses these rules with special reference to EEA/EC tax law and their relation to tax treaties.In particular, the requirement, in some instances, to provide a guarantee for exit taxes, taxationwithout any option of deferral on the migration of companies, and taxation of the transfer ofinventories and intangible assets are discussed. As regards tax treaties, the focus is on whetheror not the alienation of the assets has taken place before the exit, and the relationship betweenexit taxes and tax treaty rules allowing for an extension of the tax liability.

How to download this article?

Download the full article on www.ibfd.org/WTJManuscript available from 27 May 2009.



WTJIBFD, Your Portal to Cross-Border Tax ExpertiseAlejandro Altamirano, Krister Andersson, Hugh Ault, Michael Devereux, Porus Kaka, Ruth Mason, Yoshihiro Masui,

Pasquale Pistone, Kees van Raad, Richard Resch, Jacques Sasseville, Wolfgang Schön, Joël Slemrod, Christoph Spengel, Vito Tanzi, Ben Terra, Heleno Torres, Frans Vanistendael, Richard Vann, Joanna Wheeler, Wim Wijnen

Volume 1 _ Issue 0 _ June 2009


Andreas Oestreicher, Timo Reister and Christoph SpengelCommon Corporate Tax Base (CCTB) and Effective Tax Burdens in the EU Member States

TJWWorld Tax Journal

Documents

W World Tax TJ Journal Volume 1 Issue 0 June 2009taxprof.typepad.com/files/world-tax-journal.pdf · Editorial WORLDTAX JOURNAL – LAUNCH PRESENTATION – JUNE 2009 |4 In addition,