Дисертації з теми "Territorialité fiscale"
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Gharsallah, Imen. "Le territoire en droit fiscal." Thesis, Paris Est, 2019. http://www.theses.fr/2019PESC0018.
Повний текст джерелаThe historic anchoring of the territory in the construction of the State makes that the power of taxation is based on a territorial approach guaranteeing the durability and the cohesion of the national territory despite the evolution of the economy towards a model which is detached from the geographical space. The confrontation between a tax law initially in adequation with the political territory and a globalized and increasingly digitalised economic reality leads to a recomposition of the territory towards multiple territories more adapted to this reality. The rather close link between the formation of fiscal territories and the normative tax construction gives to the classical notion of the territory a new content adapted to the peculiarity of the tax matter and harmonized with the economic reality by the expansion of renovated legal solutions. The territory in tax law, concretized by the exercise of fiscal jurisdiction, regardless of the spatial framework in which this competence is exercised, is more a construction that adapts, than a land with borders that determine it. It is transformed into a functional notion, it is sometimes a determinant of attachment of the taxable value, sometimes a tool of public policy. This functional perception leads to a remodeling of the territory which is enriched by keeping the state connection
Lahiani, Clara. "Les datacenters à l’épreuve du droit fiscal européen et international." Thesis, Université Paris-Panthéon-Assas, 2022. https://docassas.u-paris2.fr/nuxeo/site/esupversions/1c7fdc8f-5816-4608-bf34-477509bd2ca7.
Повний текст джерелаThe datacenter, a mix of virtual and material components, constitutes an hybrid infrastructure. Confronted to operations with an unseen level of virtuality, it also has a material aspect, and challenges the view that digital economy is exclusively a virtual economy. This missing piece of European and international tax law, can however, be contemplated as a link between tax policies of the « brick-and-mortar » era and those of the digital era. This characteristic appears through tax regulations enacted by States of the European, American and Asian continent, regarding State aids and tax territoriality. As datacenter tax incentives have been elaborated in order to attract those new digital factories on the national territory, a datacenter tax territoriality was shaped with the view of a fairer tax allocation of the profits generated by data treatment activities
Kallergis, Andréas. "La compétence fiscale." Thesis, Paris 1, 2016. http://www.theses.fr/2016PA01D073.
Повний текст джерелаIn order to determine the international limits of State freedom in tax matters, one should take into account not only thescope of the power to tax (i.e. the competence to tax), but also its content, in relation to the exercise of the power to tax.Therefore, jurisdiction to tax is a twofold concept: it entails a competence to tax — with regard to whom a State may exerciseits power to tax — and a power to tax — what a State may do while exercising this power. Its analysis is based on Statepractice and international case law.Competence to tax is not based on an empowerment by international law. Its analysis has to be guided by the idea thatStates have two facets: they are public persons and at the same time international law subjects. First, the creation ofStates as sovereign public persons marks the origin of their jurisdiction to tax. Secondly, as international law subjects, Statesmay recognize rights and assume obligations. Thus, they can adjust the exercise of their power to tax by establishing theirscope through double taxation conventions. In all other cases, tax nexus criteria do not constitute certain rules ofjurisdiction, but merely depict the way States conceive their relationship with a tax subject or object.International law restrictions to the exercise of the power to tax are minor. Indeed, these restrictions mainly entail theunenforceability of tax rules with extraterritorial effect and the prohibition of material acts of enforcement on foreignterritory. Therefore, as sovereign subjects, States are free to allow restrictions to their powers through internationalcooperation and integration. Such restrictions do not challenge the foundations of their power to tax
Melot, Nicolas. "Territorialité et mondialité de l'impôt : étude de l'imposition des bénéfices des sociétés de capitaux à la lumière des expériences française et américaine." Paris 2, 2002. https://buadistant.univ-angers.fr/login?url=https://bibliotheque.lefebvre-dalloz.fr/secure/isbn/9782247098927.
Повний текст джерелаFrance and the USA are said to have adopted corporate income tax systems that are poles apart. Indeed, France would implement a territorial tax system while the Americans would apply a worldwide tax regime. Yet, such an analysis reveals an oversimplified if not caricatured vision of the French and American tax law. Indeed, two tax principles for corporations are taken into account in the USA. American corporations are taxed on a worldwide basis, while foreign corporations have to comply with a strict territorial principle. Likewise, the approach which amounts to saying France has adopted, with regard to Section 209-I of the Tax Code, a unique principle of territoriality, is today out of date. French tax rules are not the same for French and foreign corporations. So, we must consider today that both France and the USA have adopted a similar territorial tax principle and rules for foreign corporations. This principle is not in itself called into question by tax treaties, though they contribute to restricting considerably the tax right of the source State. Nevertheless, these States have chosen distinct tax rules for domestic corporations. In fact, today if they both implement a worldwide system, the measures added to it in internal and conventional law so as to reduce or eliminate double taxation are different and even compete with each other. However, globalization challenges both French and American tax systems. We may wonder which one is eventually the most suitable in such a context considered as irreversible. None of them is really satisfactory. So, today, these States have to clear their path through the worldwide and territorial tax systems to find a compromise solution
Allouard, Ophélie. "Les entreprises et les frontières fiscales dans l'Union européenne." Thesis, Strasbourg, 2014. http://www.theses.fr/2014STRAA029.
Повний текст джерелаIn delimiting the tax sovereignty of the states apparatus, tax frontiers are at the heart of the Union’s, the State Members’ and also Companies’. The Union wants an internal market without frontiers. The State Members would like to maintain their tax frontiers. This opposition between the Union and the State Members therefore questions the present and future situation of the tax frontiers. This confrontation between the Union and the State Members has lead to a devaluation of tax frontiers. The positive and negative integration determined by the right of the Union has enabled the tax laws of the State Members to be linked closer together or be supervised. On the other hand, the State Members continue to refuse their suppression. But the Union is changing progressively its position regarding tax frontiers. The internal market must be built taking into account these frontiers. The permanence of fiscal frontiers is therefore ensured, especially since they can adapt to changes in society
Buppawan, Papot. "Les aspects internationaux de la TVA en Thaïlande." Thesis, Aix-Marseille, 2017. http://www.theses.fr/2017AIXM0476.
Повний текст джерелаIntroduced in 1992 as a replacement for the old business tax, value added tax (VAT) currently accounts for the essential part of the tax revenues in Thailand. In addition to the importance of such form of taxation in terms of revenue, the choice of tax reform in favour of VAT was seen as a necessary way to achieve greater tax neutrality with respect to treatment of cross-border transactions. However, in the context of the globalization of trade and the emergence of the intangible economy, the application of VAT to international trade of goods and services has caused a lot of important tax issues which are yet to be resolved. With a view to ensure successful adaptation of international taxation rules under the Thai VAT system to an ever-changing economic environment, the study on the "international aspects of VAT in Thailand" seeks to explore, through an in-depth analysis of the substantive and procedural aspects of the relevant tax rules, the main features of the international application of the Thai VAT system. The analysis of these features which shall then be examined, in light of general principles of taxation or best practices recommended by international organisations, should allow to identify the weaknesses or shortcomings of the current system and to offer suggestions for improvements of VAT in Thailand
Savadogo, Boureima. "Le traitement fiscal des revenus de source étrangère en droit français et belge." Thesis, Bordeaux 4, 2012. http://www.theses.fr/2012BOR40060/document.
Повний текст джерелаAccording to several factors such as the economy globalization, the development of transportation and communication supplies and the rising of tax heavens, tax lawyers have to reach a high expertise and knowledge of foreign tax systems.Belgium and France share common roots of language and culture in addition to the geographical proximity. To be especially aware of the Belgium tax law scheme is absolutely necessary for every tax lawyer in particular in a view to compare and have an opinion about the heaven nature of the Belgian system.As far as it is impossible to compare every point of the two systems, we decided to focus only on the taxation of foreign income, because of the international activity of the taxpayers willing to lower the tax pressure. Without an international tax treaty, foreign incomes are less taxed in France when they are received by a company but the situation is different when the receiver is a person. However it has to be noticed that Belgium and France have developed a huge international tax treaty network. The Belgium one is analyzed as being more attractive for foreign investments and national economic expansion. Besides, Belgium has a tax system which authorizes tax schemes seen sometimes as an abuse of right in France. As a consequence the exile of business men can be understood
Ravaz, Florian. "La taxation des étrangers non-résidents en France." Thesis, Toulon, 2016. http://www.theses.fr/2016TOUL0103/document.
Повний текст джерелаNon-resident aliens represent a very specific legal category of taxpayers. Two conditions are necessarily met in order to tax these economic operators : a territoriality criterion relating to the location of their tax liability, it is the fiscal domicile; and then one of nationality. The definition of taxpayer is negative, as a matter of fact, it is a person who does not have French nationality, and who does not have tax domicile in France. The French legislature makes explicit references to non-resident foreigners in the Tax Code, the principle being the assimilation with the French non-residents. However, when there is a direct reference, it is to discriminate against national. This results in a difference in tax treatment most often contrary to EU and international standards which effectively act against any protectionist drift of the French legislator. Indeed, the principle of equality and its corollary, the principle of non-discrimination are fundamental principles of EU and international law, which are responsible for neutralizing the national tax systems which apply the criterion of nationality in the taxation of non-resident aliens in France. At last, breaking the principle of assimilation to national non-residents creates legal disputes that force the French legislator to align with the external legislation and which therefore tend to lead to an end to discrimination
Marzano, Michele. "Profili giuridici del coordinamento tra sistemi reddituali nell'Unione Europea." Thesis, Strasbourg, 2012. http://www.theses.fr/2012STRAA035/document.
Повний текст джерелаThe coexistence of different income tax systems is structurally antithetic to a system – the EU one – which promotes economic integration. Does EU law, in accordance with these scopes, provide solutions for the distribution of tax powers between member states? In particular, does the coexistence of those tax powers imply the recognition of a “priority” in taxation of cross-border income, belonging to one rather than the other Member States? The fundamental principles of EU law – see the EU Treaties – offer no support to affirm the existence of such distribution parameters and, more generally, it is much more difficult to determine whether these same principles of European law involve a set of coordination rules, which the tax claim of the Member States must comply
Zoumpoulis, Christos. "Aspects juridiques et fiscaux de la mobilité des sociétés dans l’espace régional européen." Thesis, Paris 2, 2016. http://www.theses.fr/2016PA020028.
Повний текст джерелаCross-border company mobility principally involves two main sets of State norms. Firstly, mobile companies continuously encounter conflict of laws questions. Therefore, mobility implies a necessary passage from the fundamental question of recognition of foreign companies, the application of conflict of laws rules determining the lex societatis and, more generally, the consultation of all the rules delineating the normative jurisdiction of the State in corporate matters, namely the conflict of laws rules (whether they stem from positive law or from judicial precedents) or the mandatory rules (lois de police) likely to be implemented in cross-border M&As, reorganizations and take-overs. Secondly, company mobility brings inevitably into play the national or international tax rules which constitute the national systems of international taxation of companies, namely tax rules emanating either from national tax legislation or from international treaties on avoidance of double taxation. These two aspects of the matter of company cross-border mobility shall not be examined separately, given that the formation of conflict of laws rules and tax jurisdiction rules that delineate a state’s tax jurisdiction depends on each State’s hierarchically superior imperatives of a political, economic and social nature, these two body of rules being, therefore, interdependent. The study of their historical evolution within the legal systems examined in our thesis (French, English, German and Belgian) from the early 19th century to date, demonstrates that their current state constitutes the result of their mutual influence. Through an interdisciplinary analysis, we emphasize, in the first part of our thesis, on the crossing points of these two sets of rules in order to explain the complex mechanics of cross-border mobility of companies and point out the legal and tax considerations that dominate the matter. We further explore their transformation by EU law which is intended as a meta-order aimed at orchestrating national government and economic agents’ behaviors according to and towards a new model of market regulation susceptible to the creation of a European single market. The second part of our thesis is dedicated to the study of the impact of secondary EU legislation and European Court of Justice jurisprudence –that act jointly to achieve the European single market objective- on the aforementioned bodies of national rules, that leads to the conclusion that the recent and anticipated developments on the mobility of companies within the EU both on national and European level, fall within the broader framework of the overall development of the transition process of national legal orders from a traditional capitalist model of market regulation inspired by the theories of M. Keynes towards a neo-liberal model which is accelerated by the pressure of the contemporary trend of economic globalization. Addressing the subject of cross-border mobility of companies within the EU both from a historical and an interdisciplinary perspective, we endeavor to identify trends and patterns and to assess the progress achieved since the early 19th century
Ba, Elhadji Cheikh Gueye. "L'imposition des bénéfices des entreprises en France et au Sénégal." Thesis, Lyon, 2017. http://www.theses.fr/2017LYSE3071.
Повний текст джерелаSummary: Companies benefits taxes in France & Senegal The aim of all fiscal policy is to answer to economic and social concerns. Relationships between national fiscal systems were very quickly modified by the exchanges globalization phenomenon. Today, with economies interdependence, States can't ignore the urgent necessity to harmonise fiscal systems anymore. Still, France & Senegal didn't wait for this phenomenon to converge their systems in a legal and fiscal way. Indeed, History of colonization didn't made itself without any fiscality. Enrollment ressources, control of the indigenous, fiscality was the historical channel that imposed and legitimated colonial orders. Similarities and differences in companies benefits imposition remains between the two States. Sometimes, it's because of the colonial legacy. In that particular case, fiscal mimesis makes sense. In an other hand, due to the jealous protection of their sovereignty, each State wants to specify its fiscal legislation; a new dissociation appears. Unlike the so called Mondiality system, used by the majority of the countries, France & Senegal make an exception by deciding to tax their companies on the territoriality principle. They apply an identical principle to the fiscal treatment of the companies results, in terms of benefits taxes, collection, fiscal base, and liquidation. However, it remains possible to diaplay differences between fiscal bases, and on the other hand the competition of incentives fiscal measures in national law and the preventive measures took in conventional law in order to eliminate double taxes.Keywords: Tax, Company, Territoriality, Tax Convention
Robert, Eric. "Eléments d'une théorie de la frontière appliqués au droit fiscal." Thesis, Paris 2, 2011. http://www.theses.fr/2011PA020046/document.
Повний текст джерелаEven though its disappearance seems to be predictable, at least within the European Union, the legal notion of “Border” remains subject to a high degree of uncertainty. No general definition which combines clarity and precision, has been formulated on this matter yet. Therefore, time has come to provide a rigorous “definition” of this limit which separates the territories of the states. In other words, an attempt to theorize the notion of “Border” will be carried out in this book. The choice of a theoretical approach does not necessarily imply, however, to undertake a study remote from reality. To the contrary, an appropriate definition must be based on empirical data: selected matters among the huge amount of information available will be, as a result, the main source of this work. Among them, tax law (domestic, European and international) will play a key role due to the personal background of the author. The latter, however, did not forget to cover other disciplines. A wide-ranging scope is necessary where the objective is to reach the irreducible gist of a legal notion: International Public Law, Private International Law, Political Science as well as Sociology will be dealt with in this book. Two distinct functions (meanwhile complementary) will immediately be identified as the main components of the notion of “Border”: the dividing line, seen as impenetrable under International Public Law, that separates the territories of the States on one hand (so-called "international border"), and the permeable filter which regulates by way of discriminatory rules the movements (e.g. goods, persons, rights, values) between the states on the other hand (so-called “obstacle-border"). Due to limited time and space, however, this book will only focus on the first component, namely the international border. A study of its functions (i.e. what is the purpose for the impenetrability of the border?), will be followed by a study of its object (what is the scope of the impenetrability of the border?). The study of the functions will demonstrate that the international border, as a cause and a consequence of the principle of territorial exclusivity (i.e. monopoly of violence within the territorial borders), has strong ties with the concept of “Modern State”. Moreover, many fundamental notions generally attached to modern statute law (e.g. coercion, sovereignty, legal dualism) will be reconsidered in the light of this principle of impenetrability. Further, the analysis of the object of the international border will enable the author to eliminate certain jeopardizing uncertainties. Among others, the issue concerning the existence (or not) of a kinship between the “Border” and the territoriality of the law (including Power to Tax) will eventually be resolved: the territoriality principle, irrespective of its forms, is not an appearance (neither a component) of the international border. All activities undertaken by a state (i.e. legislative and executive powers), therefore, are not forced by law to be circumscribed to the territorial limits of that state. Only the core of the Imperium of a Modern State, that is to say the coercive power itself, seems to be subject to the impenetrability of the Border. In short, this book does not provide for (and is not aimed at) a general and all-comprehensive theory on “Borders”. Some of the major features of the latter are, however, clearly characterized herewith in order to provide the reader with another tool to scrutinize positive law
Marzano, Michele. "La coordination des systèmes fiscaux dans le cadre de l'Union Européenne. Profils juridiques." Phd thesis, Université de Strasbourg, 2012. http://tel.archives-ouvertes.fr/tel-00957627.
Повний текст джерелаSinapan, Tatiana. "Le rattachement territorial fiscal des prestations de services immatérielles à l'aune du droit et de la technologie." Thesis, Montpellier 1, 2010. http://www.theses.fr/2010MON10056.
Повний текст джерелаCurrently, many companies may already operate in other countries without needing to have a physical presence. In this work, the main problem was to know how to preserve the revenue of the states (VAT and tax on corporate profits) in the context of immaterial beyond-borders services in the era of IT. In this perspective, it appears that the question of territorial connection of immaterial services is closely related to a problem of identification and location of the parties.Therefore, it is necessary to continue the cooperation and even to coordinate, first, between various authorities in France, and secondly, between tax authorities and IT providers
Devereux, Claire Louise. "Ecological factors influencing the reproductive ecology, territoriality and foraging behaviour of fiscal shrikes." Thesis, 1998. http://hdl.handle.net/10413/3744.
Повний текст джерелаThesis (M.Sc.)-University of Natal, Durban, 1998.