La cláusula del beneficiario efectivo en los convenios de doble imposición internacional

In this globalised world, we could venture to say that it is impossible for tax regulations to keep pace with the development of society and, therefore, with the needs of the law. As a result, several gaps and loopholes are opening up in our legal system which can lead to abuse of the law in tax mat...

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Detalles Bibliográficos
Autor: Sanavio Julbe, Alicia
Tipo de recurso: tesis de maestría
Fecha de publicación:2022
País:España
Institución:Universidad Miguel Hernández de Elche
Repositorio:REDIUMH. Depósito Digital de la UMH
OAI Identifier:oai:dspace.umh.es:11000/28578
Acceso en línea:https://hdl.handle.net/11000/28578
Access Level:acceso abierto
Palabra clave:Beneficiario efectivo
Jurisprudencia internacional
CDU::3 - Ciencias sociales::33 - Economía
Descripción
Sumario:In this globalised world, we could venture to say that it is impossible for tax regulations to keep pace with the development of society and, therefore, with the needs of the law. As a result, several gaps and loopholes are opening up in our legal system which can lead to abuse of the law in tax matters, especially in terms of tax avoidance and evasion. To combat this problem typical of international law, several tools have been created, including the beneficial owner clause. The aim of this paper is to delve deeper into this concept, to try to delimit what is meant by beneficial owner, a term that has not always been so clear and, in fact, has given rise to several jurisdictional debates. In order to achieve this, we will look at the fundamental role played by interpretation in law, analysing the most paradigmatic judgments in both the national and international spheres.