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Contents Preface Contents 1. Personal and substantive scope (Art 1, 2 and 4 OECD Model) David G. Duff Canada: Tax Treaty Interpretation and the Residence of a Hybrid Entity Aurelian Opre/Romana Schuster Romania: Form and Substance Requirements to Be Met by a Tax Residence Certificate Daniel Deák Hungary: Does the Hungarian Local Trade Tax Fall within the Substantive Scope of a DTC? Eric C.C.M. Kemmeren Netherlands: How to Prove Residence of the Other Contracting State for Tax Treaty Purposes? Gustavo Lopes Courinha Portugal: Deemed Residence – The Case of Households in the Light of Article 4(1) OECD MC Jürgen Lüdicke Germany: Florida LLC 2. Permanent Establishments (Art 5 OECD Model) Stéphane Gelin France: Conseil d’Etat, Zimmer Ltd – French Commissionaire and PE under the France UK DTC J. Clifton Fleming, Jr. A Note on the Zimmer Case and the Concept of Permanent Establishment Pasquale Pistone Italy: Construction and Dependent Agency PE Jennifer Roeleveld South Africa: Cross Border Partnerships Billur Yalti Turkey: The Permanent Establishment Issue in Case of Movable Place of Business 3. Business profits (Art 7 OECD Model) Luís Eduardo Schoueri Brazil: The Qualification of Income Derived from Technical Services Wei Cui China: A New (Furtive) Approach to Taxing International Transportation Income Steffen Lampert Germany: Characterization of Interest Payments Derived through a Deemed US Trading Partnership Katerina Perrou Greece: The Calculation of the Profits that are Attributable to a PE Billur Yalti Turkey: Business Profits v. Professional Income 4. Transfer Pricing (Art 9 OECD Model) Richard Krever/Jiaying Zhang Australia: Resolving the Application of Competing Treaty and Domestic Law Transfer Pricing Rules Marjaana Helminen Finland: Determining the Arm’s Length Interest Rate of an Intra-Group Loan Elena Variychuk Russia: Can Intra-Group Service Arrangements and Cost-Contribution Agreements Work in Russia? Yariv Brauner USA: Xilinx Inc. Et al. v. Commissioner 5. Dividend, interest, royalties, capital gains (Art 10, 11, 12 and 13 OECD Model) Danuše Nerudová Czech Republic: Afs 106/2009-112 Helen Pahapill Estonia: ImmoEast Beteiligungs GmbH D. P. Sengupta India: Vodafone Hanna Litwinczuk Poland: Payments for Copyrights of Computer Software as Royalties Bertil Wiman Sweden: Trailing Taxes and CFC Rules vs Tax Treaties Adolfo Martín Jiménez Spain: Beneficial Ownership and the Judical Interpretation of the Spanish Anti-Abuse Clause of the Parent-Subsidiary Directive 6. Employment income (Art 15, 18 and 19 OECD Model), Directors’ fees, artistes and sportsmen, students and other income (Art 16, 17, 20, 21 OECD Model Convention) Søren Friis Hansen Denmark: The Definition of a ‘Hired Worker’ in Article 14 Denmark Netherlands DTC Eric C.C.M. Kemmeren The Netherlands: Is a Football Player’s Transfer Fee Income Derived As a Sportsman? D. P. Sengupta India: Wizcraft International Adolfo Martín Jiménez Spain: Taxation of Artistes and Sportsmen – U2’s Tour in 1997 7. Methods to avoid double taxation (Art 23 OECD Model) Michael Lang Austria: Exemption Method and Progression Bernard Peeters Belgium: Foreign Tax Credit Rules in the Case of Differing Income Characterization Steffen Lampert Germany: The Compensation of Losses Incurred in a PE within the EU Romana Schuster/Aurel