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Avoidance of Double Taxation Treaties and Creation of Taxpayer Rights
Abstract.The article is devoted to international treaties on avoidance of double taxation and creation of taxpayer rights. In his research Ivanov analyzes whether it is possible to create individual rights within the framework of tax treaties taking into account the fact that such treaties are concluded between the state, government and particular territories and create rights for contracting parties in the first place. The author pays special attention to the question about what individuals the avoidance of double taxation treaties cover. The author examines the provisions of the Vienna Convention on the Law of Treaties, tax treaties, national tax laws, judicial practice and doctrinal positions. At the end of the research, the author concludes that by concluding tax treaties, the states assume certain responsibilities and create legal expectations of taxpayers by addressing provisions of such treaties to them and creating these rights for them. This approach to the legal nature of tax treaties allows to ensure a due protection of taxpayer rights in the future and to better understand the limits of their implementation and possible ways to abuse them.
Keywords: restriction of rights, right to benefits, OECD model convention, OECD, creation of taxpayer rights, tax resident, tax treaties, elimination of double taxation, avoidance of double taxation, taxpayer rights
Article was received:21-01-2018
This article written in Russian. You can find full text of article in Russian here .