Qualification Of Hybrid Financial Instruments In Tax Treaties

Download or read book Qualification of Hybrid Financial Instruments in Tax Treaties written by Francisco Alfredo Garcia Prats and published by . This book was released on 2013 with total page 32 pages. Available in PDF, EPUB and Kindle. Book excerpt: The article deals with the interesting issue of the tax treaty qualification problems arising in hybrid financial instruments and structures. The need to fit the great diversity of instruments and legal, economic and accounting trends attached to them into the closed range of treaty income categories forces to analyze the basic elements of the tax treaty definitions of those categories of income, their mutual relationship, the role of the Commentaries and the effects derived from integration between the tax treaty requirements and the tax regime and qualifications of the income arising from the hybrid financial instrument. Despite the limited effects associated to the qualification of income arising from the hybrid financial instruments, the article further analyzes the effects derived from the interaction of the legal and qualification regimes of the income in the 'source' and the 'residence' contracting States, to verify what type of interaction and consequences derived and, according to those consequences, what type of measures can be applied to prevent undesired tax treaty results. In particular, the issue of the legitimate use of tax arbitrage schemes is considered and also the counteracting measures foreseen to prevent this usage and also its compatibility with tax treaty requirements.