Application of international double taxation conventions in Romania

In this article we sought to address the international double taxation phenomenon from two different standpoints. To begin with, in the first part we analysed the framework of international double taxation, and how this topic was tackled in both Romanian and international literature.International do...

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Main Authors: Florin Dumiter, Ștefania Jimon
Format: Article
Language:English
Published: Bucharest University of Economic Studies 2016-12-01
Series:Juridical Tribune
Subjects:
Online Access:http://tribunajuridica.eu/arhiva/An6v22/13%20Dumiter.pdf
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author Florin Dumiter
Ștefania Jimon
author_facet Florin Dumiter
Ștefania Jimon
author_sort Florin Dumiter
collection DOAJ
description In this article we sought to address the international double taxation phenomenon from two different standpoints. To begin with, in the first part we analysed the framework of international double taxation, and how this topic was tackled in both Romanian and international literature.International double taxation has been analyzed, mutatis mutandis, from an economic perspective, more precisely in terms of the implications that it generates on economies, on added value, on capital flows, on the internationalisation of business. Second, I believed it was important to analyse international double taxation from a legal perspective, through the jurisdictional effects of obtaining income or holding property at the European or international level. Romania's case is carefully approached in this paper, aiming to highlight the issues Romania is facing concerning cooperation in tax matters with authorities from other countries, how the more than 80 double taxation conventions are applied and interpreted, but also other aspects that should be considered by the Romanian tax authorities, based on the provisions of the Fiscal Code and the Fiscal Procedure Code. The article ends by presenting, commenting on and analysing two test cases in international double taxation, of remarkable importance and actuality for Romanian jurisprudence to observe how complex double taxation mechanisms operate in practice. The conclusion of this article emphasises the importance ofsignificant “steps” achieved by Romania on the path to creating a true “fiscal area” in the European Union, as well as the “corridors” that should be inserted to correct economi c – legal and economic deficiencies and gaps, in order to strengthen the fiscal area.
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spelling doaj.art-52c5d6b08e6445d79197f63839a6e2612024-04-08T07:43:04ZengBucharest University of Economic StudiesJuridical Tribune2247-71952248-03822016-12-0162182201Application of international double taxation conventions in RomaniaFlorin Dumiter0Ștefania Jimon 1“Vasile Goldiș” Western University of Arad, Romania“Vasile Goldiș” Western University of Arad, RomaniaIn this article we sought to address the international double taxation phenomenon from two different standpoints. To begin with, in the first part we analysed the framework of international double taxation, and how this topic was tackled in both Romanian and international literature.International double taxation has been analyzed, mutatis mutandis, from an economic perspective, more precisely in terms of the implications that it generates on economies, on added value, on capital flows, on the internationalisation of business. Second, I believed it was important to analyse international double taxation from a legal perspective, through the jurisdictional effects of obtaining income or holding property at the European or international level. Romania's case is carefully approached in this paper, aiming to highlight the issues Romania is facing concerning cooperation in tax matters with authorities from other countries, how the more than 80 double taxation conventions are applied and interpreted, but also other aspects that should be considered by the Romanian tax authorities, based on the provisions of the Fiscal Code and the Fiscal Procedure Code. The article ends by presenting, commenting on and analysing two test cases in international double taxation, of remarkable importance and actuality for Romanian jurisprudence to observe how complex double taxation mechanisms operate in practice. The conclusion of this article emphasises the importance ofsignificant “steps” achieved by Romania on the path to creating a true “fiscal area” in the European Union, as well as the “corridors” that should be inserted to correct economi c – legal and economic deficiencies and gaps, in order to strengthen the fiscal area.http://tribunajuridica.eu/arhiva/An6v22/13%20Dumiter.pdfeconomic double taxationlegal double taxationdouble taxation conventionsfiscal areatreaty shoppingtaxpayerincome taxcapital tax.
spellingShingle Florin Dumiter
Ștefania Jimon
Application of international double taxation conventions in Romania
Juridical Tribune
economic double taxation
legal double taxation
double taxation conventions
fiscal area
treaty shopping
taxpayer
income tax
capital tax.
title Application of international double taxation conventions in Romania
title_full Application of international double taxation conventions in Romania
title_fullStr Application of international double taxation conventions in Romania
title_full_unstemmed Application of international double taxation conventions in Romania
title_short Application of international double taxation conventions in Romania
title_sort application of international double taxation conventions in romania
topic economic double taxation
legal double taxation
double taxation conventions
fiscal area
treaty shopping
taxpayer
income tax
capital tax.
url http://tribunajuridica.eu/arhiva/An6v22/13%20Dumiter.pdf
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