bluuebunny/crossref_metadata_2025 huggingface dataset:
Board diligence, independence, size, and firm performance: Evidence from Saudi Arabia
Authors: Altass Sultan
Published: February 2022

The aim of this paper is to examine the possible association between the effectiveness of Board of Directors (BOD) and firm performance (FP). For the purpose of this analysis, data is derived from firms listed in the materials sector of the Saudi Exchange Market’s Tadawul All Share Index (TASI). Using pooled OLS regression analysis and the dependent variables of ROA and ROE as a proxy for FP, while board meetings (BMEET), independence and board size (BSIZE) are used as explanatory variables, the results reveal that frequent BMEET may not lead to improved FP. Moreover, the results show that BMEET frequency is negatively associated with FP. Independent members do not provide additional efficiency leading to better FP. As for the BSIZE, the findings indicate that larger boards are associated with lower FP. Such findings offer insights into the effect of BSIZE on FP. The results are of interest to decision makers, policymakers and investors.
Factors affecting the implementation of Strategic Management Accounting (SMA): An Empirical evident from medium - sized enterprises of Vietnam
Authors: Soa Nguyen La , Trang Doi Thi Thu , Han Truong Thanh
Published: February 2022

The research is conducted for assessing factors affecting the implementation of Strategic Management Accounting (SMA) of medium - sized enterprises in Vietnam. Data was collected from 235 medium - sized enterprises of Vietnam for the period from 2019 to 2021. Based on quantitative research methods, the implementation of Strategic Management (SMA) and factors affecting this implementation were scrutinized. The results indicate that the implementation of Strategic Management (SMA) of medium - sized enterprises in Vietnam is influenced by factors: Technology level, Quality of accountants, Competitive level, Business strategy, and Business risk. Through findings, some recommendations are given for improving the implementation of SMA of medium – sized to satisfy the demand for information of the stakeholder in the context of integration.
Incidence of Sterile Hemorrhagic Cystitis in Dogs Treated with Cyclophosphamide and Low-Dose Furosemide
Authors: Iwaki Yoshimi , Gagnon Jerome , MacDonald-Dickinson Valerie
Published: February 2022

Cyclophosphamide is a commonly used chemotherapy in the treatment of lymphoma. It can cause sterile hemorrhagic cystitis (SHC), and furosemide is used to decrease the incidence of SHC. The aim of this study is to evaluate the incidence of SHC in dogs treated with a bolus maximum tolerated dose of oral cyclophosphamide and oral furosemide at a dose of 1 mg/kg. Medical records were reviewed to determine the incidence of SHC, dose and number of oral cyclophosphamide treatments, and the dose of furosemide. Other side effects from cyclophosphamide were also recorded. Eighty-one client-owned dogs that received a single oral maximum tolerated dose of cyclophosphamide concurrent with oral furosemide as part of a chemotherapy protocol for lymphoma were included in the study. A total of 252 doses of cyclophosphamide were administered to 81 dogs. The median dose of cyclophosphamide was 239.3 mg/m2. The median dose of furosemide was 1.08 mg/kg. SHC was suspected in 2 dogs (2.46%). Concurrent use of furosemide at a dose of 1 mg/kg with cyclophosphamide yields a similar incidence of SHC than using a higher dose of furosemide as previously reported.
[New Sources for the Scientific Activities and Interests in Archival Science of Acad. Ivan Duychev
Authors: Pendzhekova-Hristeva Rusalena
Published: February 2022

The article presents unknown documentary evidence from the archival heritage of Acad. Ivan Simeonov Duichev (1907 – 1986), stored in the Center for Slavic-Byzantine Studies “Prof. Ivan Duychev” (CSVP). In terms of content, they represent a valuable historical source, containing information about his research activities and interests in archival science in the 50s of the twentieth century. The sources and archeographic aspects of the newly discovered document are considered. The contributions of Acad. Duychev in the field of theoretical archival science after the publication of his “Lectures on archival science” in 1950 are presented.
Economically Valuable Wild Plant Resources of Nawabgunj Bird Sanctuary, Uttar Pradesh
Authors: Garg Arti , Singh Vineet , Singh Rajeev
Published: February 2022

Economically valuable wild plant resources of the Nawabgunj Bird Sanctuary belonging to 85 taxa are listed along with their multifarious utility. The studies illuminated the worth of these plants in daily life sustenance of the local inhabitants dwelling near the Sanctuary as well as their potential large scale value in pharmaceutical industry.
Allusions to Islamophopia: Evidence from Herman Melville’s Redburn, Mardi, and White Jacket
Authors: Al-Badawi Mohammed
Published: February 2022

This paper explores the Islamophobia expressed in some of the works of Herman Melville. The novels Redburn, Mardi, and White Jacket are examined to see how allusions to Islam are made with characters, settings, and situations. It was found that Melville used references to Islam and Muslims in a derogatory manner to warn his American audience of their bad behavior. Muslims were likened to lazy, lethargic, and despot characters who are quite objectionable. Class systems were also alluded to as an example of how unjust and classist the Muslim system can be.
Effectiveness of Korean Classical Novels’ Usage in an English as a Foreign Language Classroom
Authors: Sang Young Park, , Patrick McIver,
Published: February 2022

The current bilingual theories argue that the L2 language practices of bilingual students are derived from a single language repertoire and that enabling students to have access to their entire language repertoire can be an essential resource for further language development. Recent academic studies show that using students’ language repertoire, including L1 language in the target language classroom, increases their intrinsic motivation and improves fluency; however, many researchers still show skepticism regarding this teaching pedagogy. Therefore, this research validates that using L1 text improves students’ intrinsic motivation and fluency and increases curiosity about L2 culture while learning L2 language. In order to prove this, the study used three classical Korean novels written by Park Ji Won. The study included 98 students from intermediate and beginner speaking in an English as a Foreign Language (EFL) classes. A task-based assignment was given, and a questionnaire was used to ascertain the students’ opinions on the use of L1 text to improve motivation, fluency, and curiosity. This study reveals that EFL students can acquire a second language by learning about their traditions and culture, not just a practical and utilitarian text. In addition, this research proves that increasing curiosity and knowledge are integral components in language development, not only with the L1 text but also congruent with the L2 text, which is essential to acquiring the target language. The implication of this study emphasizes that not only L2 texts but also L1 texts are crucial for language development.
Effect of smoothing initial height field on vertical motion
Authors: SINGH U.S. , RATHOR H. S.
Published: February 2022

The adiabatic and diabatic vertical velocities at 800, 600 and 400 mb surfaces were computed 4-1evel geostrophic baroclinic model over the Indian region. The 8moothing of initial height field in time and space following Shuman's technique has been done at each of the four levels 900, 700, 500 and 300 mb. The vertical velocities ccmputed by using smoothed and unsmoothed height data have been compared.

It has been found that smoothing of the initial height field reduces the magnitude of diabatic vertical velocity much more than the magnitude of adiabatic vertical velocity.
A study of 200 mb anticyclonic circulation centres over the Indian Ocean region
Authors: ASTLING ELFORD G.
Published: February 2022

Synoptic and dynamic aspects of anticyclonic circulation centres at 200 mb over the Indian Ocean region were investigated for the summer of 1972 when the monsoon circulation was delayed and much weaker than normal, The study was based on daily wind field analyses of data obtained from conventional rawinsonde and aircraft observations. Vorticity and divergence values around the upper tropospheric anticyclones were computed in areas where the number of data were sufficiently dense. Comparisons of computational results were made with the distribution of convective clouds obtained from satellite brightness maps. Case studies for selected days as well composite averages were prepared for circulation centres of various synoptic scale sizes. Also, the origin of unstable wa ves in the upper tropospheric easterlies along the equatorward side of the Tibetan anticyclone was investigated.
Fluctuations in the northern hemispheric winter circulations
Authors: MURAKAMI TAKIO , UNNINAYAR MANAKKAMPAD S.
Published: February 2022

Between 12 and 16 January 1971, exceptionally large cloudiness was observed over Malaysia and Indonesia. The 700 mb winds over the western North Pacific and south China Sea between about l5oN and the equator, normally easterlies, were replaced by somewhat strong westerlies. Concurrently, near Japan (South Australia) the jet stream at 700 mb diminished  (increased) substantially in speed. Below normal cloudiness was observed over eastern Asia, perhaps reflecting weak surface monsoonal surges over that region. At 200 mb, the E-W divergent circulations became well established over the equatorial western Pacific, presumably carrying excess energy supplied over the Indonesian region very far downstream to the equatorial central Pacific dry zone.

From 19 to 23 January 1971, below normal cloudiness existed over Malaysia and Indonesia in contrast to well above normal cloudiness over the south Indian Ocean and South Africa between about 5oS and l5oS. During that period, near equatorial westerlies at 700 mb disappeared from the Malaysian region, while they intensified over the equatorial Indian Ocean. At 200 mb, the jet stream near and to the east of Japan was exceptionally weak. Over the equatorial central Pacific, the E-W divergent circulation became ill defined, while N-S overturnings were more active than usual.
Regional plate tectonics from Himalayan earthquakes and their prediction
Authors: SRIVASTAVA H. N. , CHAUDHURY H. M.
Published: February 2022

Regional plate tectonics provides a broad basis for assessing the magnitude of earthquakes, besides understanding the orientation of stresses producing such earthquakes. Keeping this in view, reliable focal mechanism solutions obtained during 1972 to 1975 in the Himalayan region have been discussed. Four radial vertical sections showing the depth plot of earthquakes near the northern boundary of Indian plate were drawn based on the data during the years 1964-1974 but no clear dipping of the Indian plate could be seen. In the mechanism solutions except for Kinnaur (1975) and Assam (1950) earthquakes, thrusting was observed near the foothills. The pressures are generally acting at right angles to the mountains and the slip vectors also show a northerly trend. An earthquake located near Burma border, however, showed normal faulting and needs further explanation. However, the present movements of the Indian plate and their inferred changes show that northeast India will continue to be highly seismic.
Feasibility of earthquake prediction in Koyna region (India )
Authors: PADALE J. G. , GOSAVI P. D. , MARWADI S. A. , GUHA S.K.
Published: February 2022

Seismcity alongwith various parameters, viz, tilt strain and geomagnetic field intensity has been observed over a long period in the active Koyna region. Geohydrological parameters like ground water levels, hot spring temperatures and discharge rates have also been observed. Study of these parameters alongwith the earthquakes has indicated feasibility of utilizing b-values, seismic wave velocity anomalies, ground tilts, in-siturock strains and geomagnetic field measurements for prediction of earthquakes. The anomaly (premonitory) periods observed for these parameters are in good agreement with those reported for other earthquakes. Extensive data over long period confirm the results obtained earlier by the authors regarding application of b-values, ground tilt and rock strain measurements for earthquake predictions.
Geomagnetic field precursors associated with earthquakes
Authors: ARORA B. R. , SINGH B. P.
Published: February 2022

An association between local geomagnetic field changes and earthquakes has been often  reported since the later part of  19th century. Such possible 'seism magnetic' effects are interpreted to be due to  the  stress-induced change  in the magnetization of rocks composing the earth ‘s crust. Observational trials to establish such association have suggested a strong correlation of the tectonic activity, such as earthquake occurrence or volcanism, with local anomalous areas where the secular change of geomagnetic field is larger than the normal one. Also the temporal fluctuation in the secular variation of the geomagnetic field corresponds to the maximum of seismic activity in the vicinity of observatory. In addition to this, the study of long-term behavior of induction vector of short period fluctuations suggests a sort of cyclic variation, the extremes of which appear to occur prior to large earthquakes. The changes in the transfer functions of such events tend to coincide with the occurrence of moderate and large earthquakes. The preliminary results of an analysis of geomagnetic data from Alibag indicate that seism magnetic effects of earthquakes in the Koyna region can be identified in the magnetic records of Alibag, which may provide a means of predicting earthquakes from Koyna region.
Auto-regressive method of detection of weak signals in noise for monitoring precursors
Authors: MURTY GURJADA  S. , NAIR G. JAYACHANDRAN , ROY F.
Published: February 2022

Among the several premonitory indications for an impending earthquake, the observation or precursory pulses, analogous to acoustic emission before a fracture, affords a direct method of studying the seismic stability of a given area. Since the area of observation cannot be expected to be a quiet one, the technique cent change employed to detect precursory pulses embedded in a background of stationary noise must be capable of updating the information of "noise" and comparing it with that of incoming "signal". It is the aim of this paper to present a method of detection of weak signals embedded in stationary noisy background by means of array of sensors using Akaike criterion of final prediction error. Typical examples of real and artificial series are discussed to indicate the capability of the method.
The Rainbow Reading Programme: A Review 20 years on.
Authors: Dobson Emma
Published: February 2022

It has been 20 years since the Rainbow Reading programme was developed and trialled by its New Zealand creator, Meryl-Lynn Pluck. Rainbow Reading is an audio-facilitated reading programme, and is based on the method of assisted repeated reading. The programme is designed to provide older students reading below their chronological age with the opportunity to practise their fluency and comprehension at their instructional reading level. This article sets out to review the programme, drawing on the research evidence to evaluate Rainbow Reading’s validity and reliability as a reading intervention for use by educational practitioners in the New Zealand education context. Possible strengths and limitations of the programme are identified, and future directions for the programme are put forward. While the article concludes by suggesting some caution with regard to its use, it is evident that the effectiveness of an intervention such as Rainbow Reading is underpinned by practitioners taking an evidence-based approach in their professional practice.
PENINGKATAN PENGETAHUAN IBU RUMAH TANGGA TENTANG PERILAKU HIDUP BERSIH DAN SEHAT TATANAN RUMAH TANGGA DALAM UPAYA PENCEGAHAN CORONA VIRUS DISEASE 2019
Authors: Nelwan Jeini Ester , Sumampouw Oksfriani Jufri , Musa Ester Candrawati
Published: February 2022

Corona virus disease 2019 (Covid 19) sedang melanda dunia termasuk Indonesia dan kota Manado. Oleh karena itu diperlukan upaya promosi kesehatan tentang upaya pencegahan Covid-19 seperti pelaksanaan PHBS tatanan rumah tangga. Kegiatan ini dilakukan melalui ceramah dan menggunakan media leaflet pada ibu rumah tangga yang tergabung pada PKK Dasawisma 2 Lingkungan 6 Kelurahan Taas Kecamatan Tikala Kota Manado sebanyak 30 orang. Variabel yang diukur yaitu tingkat pengetahuan menggunakan kuesioner. Hasil kegiatan menunjukkan bahwa berdasarkan pengukuran tingkat pengetahuan tentang PHBS tatanan rumah tangga semuanya masuk pada kategori baik. Namun ada beberapa indikator yang masih perlu ditingkatkan seperti mencuci tangan dengan benar dan beraktifitas fisik setiap hari minimal 30 menit.

 

Corona virus disease (Covid 19) is currently sweeping the world, including Indonesia and the city of Manado. Therefore, health promotion efforts are needed regarding efforts to prevent Covid-19, such as implementing clean and healthy behavior in household. This activity was carried out through lectures and using leaflet media for 30 housewives who were members of the PKK Dasawisma 2 Lingkungan 6 Taas Subdistrict, Tikala District, Manado City. The variable measured is the level of knowledge using a questionnaire. The results of the activity show that based on the measurement of the level of knowledge about clean and healthy behavior in household into the good category. However, there are several indicators that still need to be improved, such as washing hands properly and doing physical activity every day for at least 30 minutes.
PENYULUHAN TENTANG VAKSINASI COVID-19 DAN PEMERIKSAAN KESEHATAN DI KAMPUNG BUNGALAWANG KECAMATAN TABUKAN TENGAH
Authors: Wuaten Grace Angel , Hinonaung Jelita Siska Herlina , Mahihody Astri Juwita
Published: February 2022

Abstrak: Kegiatan Pengabdian Kemitraan Masyarakat Stimulus tentang vaksinasi COVID-19 dan pemeriksaan kesehatan telah dilaksanakan di Kampung Bungalawang Kecamatan Tabukan Tengah menggunakan metode penyuluhan dan pemeriksaan kadar asam urat, kolestrol, dan gula darah. Kegiatan penyuluhan dihadiri oleh 60 peserta. Pemberian materi penyuluhan antara lain tentang apa saja program pemerintah dalam menanggulangi penyebaran COVID-19, pengertian vaksin, vaksinasi, imunitas dan imunisasi, menjelaskan tentang manfaat vaksin, apakah vaksin adalah obat atau bukan, menjelaskan apa yang dimaksud dengan Herd Immunity, bagaimana cara kerja vaksin, kandungan vaksin, sasaran vaksinasi, bagaimana prosedur kegiatan vaksinasi dan gejala yang mungkin muncul setelah di vaksin. Pemeriksaan kesehatan meliputi pemeriksaan asam urat, kolestrol dan gula darah. Kesimpulan masyarakat di Kampung Bungalawang telah mengikuti dan memahami penyuluhan kesehatan tentang vaksinasi. Selain itu, diketahuinya kadar kolesterol, gula darah dan asam urat sehingga masyarakat bisa segera menjalani pemeriksaan lanjutan di Fasilitas Kesehatan sebelum dilakukan vaksinasi

 

 

Abstract: Stimulus Community Partnership Service Activities regarding COVID-19 vaccination and health checks have been carried in Bungalawang Village, Tabukan Tengah District using counseling methods and checking uric acid, cholesterol, and blood sugar levels. The counseling activity was attended by 60 participants. The provision of counseling materials includes, among other things, government programs in tackling the spread of COVID-19, understanding vaccines, vaccinations, immunity, and immunizations, explaining the benefits of vaccines, whether vaccines are drugs or not, explaining what is meant by Herd Immunity, how vaccines work. Remember, vaccine content, vaccination targets, how the procedure for vaccination activities, and symptoms that may appear after being vaccinated. Health checks include checking uric acid, cholesterol, and blood sugar. The conclusion is the community in Bungalawang Village has followed and understood health education about vaccination. In addition, the level of cholesterol, blood sugar, and uric acid were known so that the public immediately undergo a follow-up examination at the Health Facility before being vaccinated.
Breakout hezitzaileen magia, bigarren hizkuntzen ikasgelan
Authors: Mena Manuela
Published: February 2022

Ikasgeletan metodologia aktiboak ezartzeko prozesua errealitate geldiezina da. Metodologia horien barruan, ikasgela gamifikatuen testuinguruan, gero eta gehiago erabiltzen dira ihes-jokoak eta halako tresna ahaltsuak, ikasleen motibazioa eta partaidetza handitzeko eta, hartara, 4K-ak garatzeko, hots: kolaborazioa, kreatibitatea, komunikazioa eta gaitasun kritikoa. Breakout EDUak zer diren eta H2ko ikasgelara zergatik eta nola eraman behar diren labur azaltzeaz gain, artikulu honetan proposamen praktiko batzuk ere jaso dira, baita tresna-sorta bat ere erronkak, probak, asmakizunak eta giltzarrapoak ─birtualak zein analogikoak─ diseinatzen eta sortzen laguntzeko.
Deﬁning priorities in vascular access research
Authors: De Siqueira JR , Fielding CA , Pettigrew GJ , Robson MG , Rogers SK , Steiner K , Withers W , Long J , Gronlund T , Chetter I , Smith GE
Published: February 2022

Abstract Introduction: There is increasing need for renal replacement therapy associated with the aging population and dramatic increases in diabetes prevalence. Despite an increasing clinical vascular access workload, there are signiﬁcant unanswered research questions and a paucity of high quality trials to guide clinical practice. To address where future research in vascular access should be directed, we conducted a Priority Setting Partnership involving multiple disciplines, specialties, patients and carers. Methods: In collaboration with the James Lind Alliance, four rounds of surveys were circulated to identify and score professional and patient priorities in vascular access research. Finally, in a consensus workshop attended by patients and professionals, priorities were discussed and a ranked top 10 list was produced using a nominal group technique. Results: A total of 1,813 research priorities were submitted within all areas of vascular surgery. Following removal of duplicates, consolidation and categorisation, 15 patient and professional priorities in vascular access research were taken forward to the consensus workshop. The workshop produced a ranked top 10 list of vascular access research priorities relating to: optimising access function, preventing access complications and education of patients and healthcare staff. Conclusions: These research priorities should help to direct and contextualise future research in vascular access.
Windfall Profits Tax on Oil and Gas: US and Latin American Approach
Authors: Villegas Aldazosa Alvaro R.
Published: February 2022

In terms of tax policy, the excess profit taxation is predominantly recognized as a wartime fiscal instrument designed to capture profits that exceed normal peacetime earnings. Nevertheless, excess profit taxation is also levied to prevent excessive profits in special circumstances other than wartime. United States in the 1980s and Bolivia and Venezuela in recent years have levied windfall profits taxes on oil and gas production.

In light of the US legislative history, this article proposes three points of analysis from a tax policy perspective: first, the justification addressed to impose the levy; second, its attributes of efficiency; and third, the revenues and its distributive effects. To that extent, four features are analyzed as fundamental aspects of which a modern windfall profits tax on the oil and gas industry is imposed nowadays.
The EU VAT Treatment of Public Sector Bodies: Slowly Moving in the Wrong Direction
Authors: de la Feria Rita
Published: February 2022

In most countries applying a value added tax (VAT) system, the activities and transactions undertaken by public sector bodies are not subject to full taxation. The rationale usually invoked to justify lack of full taxation is of a mixed conceptual and political kind. On one hand, there is a view that the activities of those bodies are hard to tax and that, in practice, it is almost impossible to establish a single VAT treatment applicable to all of them. One the other hand, and more importantly, there is a perception that exclusion of the products supplied by public sector bodies from full taxation,achieves social and distributional aims. The rule under the EU VAT system is that supplies by public sector bodies are non–taxable. In practice, however, the VAT treatment of public sector bodies is extremely complex, giving rise to significant legal problems and economic distortions. The aim of this paper is to consider the current legislative framework, with special consideration being given to recent developments in this area, at both legislative and jurisprudential levels, in an attempt to determine whether they constitute positive progress, or whether together they represent a slow and subtle move towards a further deepening of the system’s already existing flaws.
The Interaction between Business Profits and Income from Immovable Property under Tax Treaties: Is It All about Definitions?
Authors: Scandone Francesco Saverio
Published: February 2022

This article deals with the interaction between the taxation of business profits and income from immovable property under tax treaties, by analyzing the overlap between Articles 7 and 21 of the OECD (Organization for Economic Co–operation and Development) Model Convention in situations not covered by Article 6.1 where the income from immovable property is attributable to a PE in the other contracting state. Different approaches have been suggested by legal scholars to solve this issue; however, the Author envisages a new approach mainly based on the existence, in Article 6.3, of a treaty definition of income from immovable property which limits the definition of the term ‘business profits’ under treaty purposes. This subject has been selected for the last IFA Poster Programme 2008 at the Brussels Congress.
Third-Country Relations with the European Community: A Growing Snowball
Authors: Falcao Tatiana
Published: February 2022

The dissertation focuses on the development of the European Court of Justice’s (ECJ’s) jurisprudence in creating a legal doctrine applicable to European Union (EU) and non-EU members, when operating capital transactions to, from and within the Community. The main focus of the thesis is in the formulation of a policy that would reconcile the Member States’ need to protect their economies against the free inflow and outflow of capital resources while upholding one of the European Community (EC) Treaty’s main principles: the free circulation of capital.

The article points out to the dilemma faced by the Court of Justice when deciding on direct tax cases: how to secure a coherent interpretation of the freedoms, including that of free movement of capital, while protecting Member States’ tax jurisdictions from the free inflow and outflow of capitals from third countries?
VAT Transfer-Pricing Rules: A Portuguese Perspective
Authors: Martins Alexandra
Published: February 2022

This article focuses on the value-added tax (VAT) impact of transfer pricing. Conceived as a consumption tax, generally the economic burden of VAT is only imposed on the end-consumer. Therefore, transfer-pricing decisions between companies or business entrepreneurs do not generate implications from a VAT angle. However, this neutrality principle does not apply to entities carrying on exempt activities. In the exempt sectors, overvaluated or undervaluated transactions may produce the erosion of VAT. The Rationalization Directive (2006/69/EC) constitutes the Community answer to the rising concern of a number of Member States confronted with VAT avoidance practices between related parties, allowing national laws to adopt the objective valuation criterion – the normal market value – although under narrow conditions. Portuguese law recently introduced a VAT transfer-pricing system limited to immovable property operations.
Tax Treaty Consequences of Secondary Transfer Pricing Adjustments
Authors: Teixeira Renata R.
Published: February 2022

Subsequent to a transfer pricing adjustment, it is not uncommon to have funds in the hands of one associated enterprise when, if in line with that adjustment, they should be in the possession of another associated enterprise. To make the actual allocation of funds consistent with that primary adjustment, some countries deem there to be a constructive transaction – that is, a secondary transaction – whereby the ‘excess’ funds are deemed to have been transferred in some way and are taxed accordingly.

This article, as a starting point, analyses the most typical constructive transactions that countries may consider as secondary transactions (i.e., constructive dividends, constructive capital contributions, and constructive loans). It analyses, in general terms, whether the constructive transaction is viable under a given fact pattern (e.g., whether a dividend analysis is appropriate where the deemed payer is not a (direct) subsidiary of the deemed recipient). To the extent that the policy on secondary adjustments (i.e., whether and how those adjustments are applied) is determined country by country based on domestic law, an outline of the rules and practices adopted by certain Organization for Economic Cooperation and Development (OECD) Member States is provided for illustrative purposes.

Following this introduction, the discussion moves towards whether and, if so, how secondary adjustments are effectively affected (i.e., restricted) by relevant treaty provisions. Secondary adjustments are not dealt with Article 9 of the OECD Model Convention (‘OECD MC’), which applies the arm’s length principle for taxation of profits of associated enterprises. Nevertheless, other treaty provisions may affect the application of secondary adjustments. This article considers in particular the interaction of secondary adjustments with the distributive rules contained in Articles 10, 11, and 21 of the OECD MC to determine whether the source state has its taxing rights restricted by the convention.

In addition, this article analyses how the constructive transaction (and the taxation imposed on such a transaction) are regarded by the other Contracting State for the purposes of applying double taxation relief in accordance with Article 23 of the OECD MC. Different scenarios may arise depending on whether the residence state also considers there to be a constructive transaction. A brief analysis of the applicability of the mutual agreement procedure and arbitration to secondary adjustments under Article 25 of the OECD MC 2008 is also provided. The research findings are summarized in the conclusion.
The Elimination of Double Taxation of Dividends in the EU: Cobelfret Means the End of Belgium’s Final Taxation
Authors: Lamensch Marie
Published: February 2022

With a view to avoid double taxation of dividends, the Belgian ‘definitively taxed income’ rules allow parent companies to deduct the dividends received from their subsidiaries resident in another Member State but only up to the amount of their taxable profits in the same taxable period, which potentially limits the deductibility of the dividends received. In the Belgium v. Cobelfret NV (hereinafter ‘Cobelfret’) case, the European Court of Justice (ECJ) decided that, by imposing such a limit, Belgium has not correctly transposed the terms and objectives of the Parent-Subsidiary Directive. After a general introduction on the question of double taxation of dividends (1.1), a short summary of the Cobelfret case (1.2), and of the ECJ decision (2), the present contribution offers a commentary, first, on the possible impact of this decision in Belgium (3.1) and, second, on the coherence of existing ECJ case law on cross-border dividends with the objectives of the Parent-Subsidiary Directive (3.2).
Attribution of Profits to a Dependent Agent Permanent Establishment: An Analysis of the Indian Approach
Authors: Sharma Raghav
Published: February 2022

This article critically examines the rulings of the Bombay High Court and the Income Tax Appellate Tribunal (Mumbai) in SET Satellite Pte. Ltd. v. Deputy Director of Income Tax (International Taxation) and the ruling of the Supreme Court in Morgan Stanley & Co. Inc. v. Director of Income Tax, Mumbai. In light of this, the attempt is to find out whether Indian courts treat dependent agent and permanent establishment (PE) as the same taxable entity and what profits are attributable to the PE of a non-resident enterprise in case the dependent agent is remunerated at an arms’ length standard.
Attribution of Free Capital to Permanent Establishment of a Bank: A Vexed Issue, A General Overview and the Italian ‘State of the Art’
Authors: Gazzo Massimiliano
Published: February 2022

The recent Italian experience shows how the attribution of profits to permanent establishments (PEs) is a very complex topic where international consensus is strictly required. After a description of the guidelines developed in the Organization for Economic Cooperation and Development (OECD) Report on attribution of profits to a PE, this article focuses on the allocation of the appropriate ‘free capital’ to PEs of banks with a specific highlight on the Italian experience arising from the recent tax audits carried out by Tax Authorities on the appropriateness and consistency of the ‘free capital’ of most of the Italian PE’s of foreign banks. Authorized and accepted approaches will be commented, the consequences arising for the taxpayer will be analysed, and the ‘state of the art’ in Italy will be described.
Transfer Pricing and Anti-abuse Rules
Authors: Pogorelova Lioubov
Published: February 2022

The article examines the interaction of domestic anti-abuse rules with Article 9 of the Organization for Economic Cooperation and Development (OECD) Model Convention. To be considered non-abusive, a transaction must do more than satisfy domestic anti-abuse provisions. It must also pass the test under the treaty rule that incorporates paragraphs 1.36-1.41 of the OECD Transfer Pricing Guidelines. If tax authorities may not re-characterize transactions under domestic law, they may do so under a treaty, which may broaden the power of tax authorities to re-characterize transactions.
The External Implied Competence of the European Union and the Impact of Bilateral Treaties on the Taxation of Cross-Border Savings
Authors: Taha Jad A.
Published: February 2022

As part of a ‘tax package’ aimed at combating harmful tax competition, the European Community (now European Union) implemented a legislative instrument to allow for the effective taxation of cross-border interest payments, known today as the ‘Savings Directive’. However, what remained unregulated was the structure of tax levies on cross-border payments made from Member States into territories that are not part of the European Community. As a result, the European Community expressed its need to establish bilateral tax treaties with non-member state third countries and territories associated with the United Kingdom and the Netherlands. This move has produced conflicting schools of thought. On the one hand, the European Community has an interest in maintaining common policies with respect to taxes levied on cross-border payments made within its internal market. On the other hand, its regulation of taxes levied on cross-border payments to third parties has arguably set a precedent for an ‘external implied competence’ on issues that its Directives already regulate within the internal market. This article introduces this interplay scenario and studies the general impact of these treaties on the taxation of cross-border savings.
The Income Tax Paradox
Authors: Schanz Sebastian , Schanz Deborah
Published: February 2022

In non-neutral tax systems, levying taxes may have a paradoxical effect on investments: An investment’s value increases due to taxation. The so-called income tax paradox occurs when an investment’s after-tax net present value exceeds the net present value before taxes. In this article, we explain reasons for this paradoxal effect and demonstrate the income tax paradox using numerical examples. We show that occurrence of the tax paradox depends on taxation of interest income in the country where the investment project is carried out. Depending on the tax system, investments that are profitable (unprofitable) on a pre-tax basis can be unprofitable (profitable) due to taxes. Thus, an optimal investment decision can only be made by taking taxes into account.
Taxation of Cross-Border Dividends and EC Fundamental Freedoms
Authors: Englisch Joachim
Published: February 2022

The very first direct tax case scrutinized by the European Court of Justice (ECJ) by applying the EC fundamental freedoms concerned dividend taxation. Ever since, most of the fundamental questions related to the scope of the fundamental freedoms and their relationship to aspects of the Member States’ fiscal sovereignty have crystallized in the field of dividend taxation. To be mentioned in particular: Developing criteria for comparability of situations, supranational versus national approach in assessing a discrimination/restriction, fiscal cohesion, balanced allocation of taxing rights and international double taxation, relationship between freedom of establishment and free capital movement in third-country cases. Thus, the dividend tax cases of the ECJ have not only exerted great influence on the shape of Member States’ corporation tax systems; they have also contributed substantially to the Court’s understanding of the interaction between fundamental freedoms and non-harmonized national tax law. The now abundant case law therefore merits a critical review regarding its coherence, the underlying conceptions of the scope and thrust of European Union fundamental freedoms, and the fundamental issue of how to reconcile them with core principles of fair and balanced taxation in an imperfect internal market.
The Next Step in German Tax Reform: Accelerating Economic Growth
Authors: Huken Johannes
Published: February 2022

The latest German federal election took place on 27 September 2009 to elect the members of the Bundestag, the federal parliament of Germany. As preliminary results had already shown, the Christian Democratic Union (CDU), the Christian Social Union of Bavaria (CSU), and the Free Democratic Party (FDP) were able to form a conservative/liberal coalition that will govern during the next four years. The coalition agreement was signed on 26 October 2009 setting out the agenda for the upcoming legislative period. The agreement that describes the government’s policy goals and how it intends to achieve those goals includes some details on planned tax changes, which are likely to affect many taxpayers.
Revisiting the Dutch Interest Box under the EU State Aid Rules and the Code of Conduct: When a ‘Disparity’ Is Selective and Harmful
Authors: Szudoczky Rita , van de Streek Jan
Published: February 2022

In July 2009, the European Commission decided that the Dutch group interest box measure – a special beneficial tax regime for the taxation of intra-group interest – did not constitute State aid under EU law. This article critically analyses the Commission’s decision and arrives at the opposite conclusion, that is, the measure grants selective advantage to group companies and specifically to multinational groups of companies. In the course of the analysis of the decision, a general analytical framework is proposed for examining fiscal measures suspect of being State aid. The question what options remain for the Member States after the decision to introduce tax measures attractive for multinational enterprises is discussed. Finally, the interest box measure is also examined in the light of the Code of Conduct criteria for harmful tax measures.
Improvements in German Tax Law for Tax Planning and Tax Transactions
Authors: Brodersen Christian , Duttiné Tino
Published: February 2022

The German Corporate Tax Reform 2008 was strongly criticized for its accelerating effect on the financial downturn of the German economy. The provisions introduced under the interest barrier and the limitations in using loss carry-forwards often-forced businesses to pay taxes when in fact no profits were earned. The new coalition took it as one of its first missions to introduce relief from these detrimental effects of the 2008 reform. As a result, the interest barrier was eased in its impact on smaller businesses and restructuring privileges were introduced to limit the tax detriments for economically necessary measures to battle the changing macroeconomic environment.
Classification of Foreign Entities in The Netherlands: Recent Developments
Authors: Lamers Auke W.G.
Published: February 2022

On 21 December 2009, the Dutch State Secretary of Finance published a new Decree with respect to the classification of foreign entities under Dutch law. This 2009 Decree replaces a previous decree dated 18 December 2004. The 2009 Decree is an update of the criteria that are used to classify a foreign entity as transparent or non-transparent for Dutch tax purposes. These classification rules are applicable for Dutch income tax, corporate income tax, and dividend withholding tax purposes and apply to all entities except for foundations, associations, mutual funds, trusts, and comparable entities. In this article, the author provides a summary of the classification rules as they applied under the 2004 Decree. He provides an outline of the revised classification rules under the 2009 Decree and gives his comments and observations. He puts the new classification rules in the context of classification conflicts and gives a recommendation in this respect. The author summarizes his most important conclusions.
Italy – Tax Audits to Identify Fictitious Corporate Residence
Authors: Valente Piergiorgio
Published: February 2022

The need for a tax audit in the area of fictitious residence derives from circumstantial evidence – acquired during the intelligence phase – or from other clues that may have emerged during inspection.

Further to the cognizance gathered within an enterprise’s operative context, investigations aim at the research of accounting, supplementary, and electronic documentation. Such investigations may turn out to be particularly complex as they are generally required to consider the distinctive characteristics of international relations, the specificity of the subject matter, as well as the various jurisdictions (and legislatures) involved.

Inspectors are bound to have their operations comply to a rather structured power-duties system, within which the respect of the taxpayer’s rights acquires particular relevance.
Tax Aspects of a Luxembourg Securitization Company
Authors: van Kuijk Frank
Published: February 2022

The law of 22 March 2004 (the Law)1 has introduced an attractive tax and legal framework in Luxembourg for securitization transactions. This article focuses on the Luxembourg income and net wealth tax aspects of the Law and the taxation of domestic corporate investors and foreign corporate and individual investors in securitization entities. The legal and regulatory aspects of the Law will only be explained where relevant for the tax aspects.
A Step towards a Fair Corporate Taxation of Groups in the Emerging Global Market
Authors: de Wilde Maarten F.
Published: February 2022

The international corporate income and capital gains tax (CGT) systems of basically all modern nation states share a common objective. All seek to effectively 'capture' multinational enterprises ('MNEs') that are economically present within the respective taxing state's geographical borders for corporate tax purposes. In their operation, however, these systems typically subject groups to different corporate tax treatment dependant on their legal structuring or the question of whether the business operations are performed in a (non-)cross-border context. This affects the corporate tax burden imposed, which in turn influences the distribution of production factors. In addition, this affects corporate tax revenues. In individual cases, things may work out for the benefit or detriment of individual MNEs or tax administrations. If observed as a whole, it can nevertheless be said that the international tax systems of states distort the functioning of domestic markets, the internal market within the European Union (EU), and the emerging global market. This is problematical for all parties involved in the corporate taxation of proceeds from multinational business operations. The author addresses the question of how states may mitigate the distortions they unilaterally impose when taxing MNEs on the corporate business income earned and the capital gains realized within their respective territories.
The Principle of Territoriality and Cross-Border Loss Compensation
Authors: Marres Otto
Published: February 2022

Member States are free to define their income tax base. They may in principle disregard foreign-sourced income, resulting in the impossibility of cross-border loss compensation. The European Court of Justice (ECJ) has accepted the principle of territoriality as a criterion for the division of the authority to tax, but its understanding of the concept of territoriality seems to differ from the current understanding of that concept in international tax law. Moreover, the ECJ does not accept all consequences of the application of territoriality, in particular, regarding the taxation of individuals (e.g., the Renneberg case). For individuals, the non-discrimination principle seems to override the recognition of sovereign assumption of fiscal jurisdiction. This raises questions such as how to apply the Schumacker criterion in loss situations and whether the ECJ's reasoning in De Groot extends to deduction of losses.
Whirlpools and Sea Monsters: Navigating Tax Havens
Authors: Cruz Diego Quiñones
Published: February 2022

Tax havens are one of the main areas of concern in contemporary tax policy, especially in these times of strenuous budgetary tension and outrageous tax fraud scandals. This article analyses the nature of tax havens and reflects on contemporary tax policy experiences in order to argue in favour of a definition based on the elements of secrecy and intent to escape tax burdens coupled with an examination of tax systems, services provided, functional structure, and the jurisdiction's attitudinal display. Having identified traditional conceptions of fiscal sovereignty, lack of medium- and long-term strategies, and ignoring the demand side of the equation as hurdles that prevent real progress, this article is concluded by formulating a series of tax policy recommendations that emphasize the importance of combined flexible conditionality-multilateral efforts to articulate the interests of the four main actors involved in tax havens (tax haven jurisdictions, users, financial intermediaries, and tax residence jurisdictions that are trying to recover revenue) in a network of cooperative strategies that provide: (1) economic substitution alternatives, (2) improvements of domestic tax systems so as to bolster legitimacy and reduce tax haven demand, and (3) which seek to attack societal complacency with tax fraud.
The Efficacy of Thin Capitalization Rules and Their Barriers: An Analysis from the UK and German Perspective
Authors: Knöller Claus-Peter
Published: February 2022

Regulating thin capitalization is a good example of the general problem that even if legislators try to close loopholes through anti-avoidance rules, tax avoidance is the symptom of underlying problems in the tax system. The concept of thin capitalization as a tax avoidance scheme is relatively easy to understand, but a sophisticated solution to control this problem, which meets the requirements of legal framework barriers (EC and constitutional law) and implements a well-targeted scope of application, is very difficult to find. Therefore, this article analyses the efficacy and legal conformity of the current thin capitalization rules in the UK and in Germany. The German thin capitalization regime in particular is far-off being a well-targeted anti-avoidance rule. Finally, this article suggests an approach combining a standard-based and a rule-based regime for regulating thin capitalization.