Abstract

This doctoral thesis, entitled “The taxation of income from intangibles in a European Union and international perspective”, presents an examination of the tax profiles of the intangibles, capable of influencing businesses and governments. European and international tax law still have to adapt to new challenges imposed by progress. This dissertation aims to understand the legal classification of intangibles, the type of income from their exploitation, and the distribution of taxing powers among the different tax jurisdictions involved, throughout their life cycle (from concept of the idea to its economic implementation). The structure of the work consists of four main chapters. The first deals with the meaning of intangible and the definition offered by art. 12 of the OECD Model Convention. The second relates to the qualification of the income from the exploitation of intangible assets and the dualism between royalties and business profits, while the third to the distribution of taxing powers among residence-State and source-State. Lastly, the fourth chapter looks at tax incentives on intangibles, such as R&D incentives and the so-called IP boxes regimes, through the study of their advantages, their comparability and their impact on unfair tax competition and European State aids. After an analysis of these issues, the thesis tries to explain the identification of the place where the intangible is attributable and the concept of creation of added value. Actually, this characteristic is an effective, economic and fiscal policy instrument, which has prompted many governments to create incentives in the field of intangible assets, in order to support certain areas of the economy and to attract domestic and foreign investments.

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