YORK - MIAMI - LA - HONG KONG - DUBAI - SINGAPORE - BEIJING
for Tax Treaties
I. COURSE DESCRIPTION
Treaties provides an in-depth study of the bi-lateral and
multi-lateral treaties that are the cornerstone of global
tax planning, the avoidance of international double juridical
taxation, and the relationship between the tax authorities
The course addresses the system of treaties as a
tool of tax avoidance for tax planners and as a tool for
tax compliance, enforcement, and information collection
by revenue authorities. The OECD, UN and US model tax treaties
are primarily used as the teaching tools due to their overwhelming
effect on international treaty policy, however numerous
specific treaties are studied from both a case law and case
study perspective. Topics include: interpretation and definitions of articles
and terms; effective application; taxation of investment
income (i.e. interest, dividends, and capital gains); taxation
of license fees and royalties; treaty shopping; limitation
of benefits; and indepth approach to the permanent establishment;
taxation of the income of natural persons (i.e. personal
services, pensions); allocation of income between related
parties; non-discrimination toward foreigners; the 1992
United States-Netherlands treaty as an anti-avoidance model;
and new treaty developments, such as the recently negotiated
2002 US-UK tax treaty eliminating dividend withholding tax
in certain situations between cross border repatriation.
course has been prepared and is taught by a combination
of faculty, starting the initial six weeks with Michael
Edwardes-Ker, the renown author of The Tax Treaty Service
and The Tax Treaty Interpretation Service; Professor William
Byrnes; John Avery Jones, Professor Emeritus Klaus Vogel
(Munich), Professor Maarten Ellis (Rotterdam); David Ward
and Professor Claudia Gramaccia (American University of
The final examination has included writing a client
memo based on fact questions, multiple choice with explanations,
and short answers questions.
The first six weeks of the course each contain multiple
choice tests this course uses common law case examination,
complex case studies, personal and group assignments to
assess the students.
Generally this course is taken concurrently with
Principles of International Taxation.
An LLM executive level course.
This course will be taught at the executive level
and will employ case studies as well as global case analysis.
Generally, this course is taken concurrently with Principles
of International Taxation.
for International Tax or Wealth Management track
familiarize you with the construction of tax treaties
present the model tax treaties that control the parameters
of modern treaty negotiation
introduce you to the definitions and law in relation
to the model treaty articles
develop analytical planning skills using tax treaty
explain the methodology of treaty interpretation
present the general legal principles applicable to
present the parameters that guide the taxation of
persons, income, and objects pursuant to treaties
present various treaty tax planning tools
comparison of numerous OECD and other important jurisdictions
first time that I sat in a tax treaties course, I discovered
that my previous law studies had not prepared me to decipher
the variety of issues concerning a tax treaty, such as application
and planning. I
did not even know what a treaty really was, meaning - how
a treaty is formed, by whom is it formed, what rights and
obligations flow and are demanded pursuant to a treaty in
general, what are the enforcement procedures and who has
standing to enforce a treaty.
In fact, with a US education, I had a very myopic
view of what constituted international law.
years of teaching in many different regions, I realize that
for 80% of the persons in the room they are just like me
that first day of treaties class in 1992 confounded, but
feeling as a tax practitioner, they should know something
about this area.
is generally taken in conjunction with Principles of International
Tax (PIT) because PIT is a softer, gentler course whereas
Treaties throws you immediately into realms of case law
and jurisprudential thought from around the globe.
The two courses together produce an educational balance.
you feel lost at first well, most do. It is around
week eight that most see the light.
This course will involve fourteen weekly modules
that are delivered through on-line instruction pursuant
to current program specifications.
Each module will contain text material, study guide
instruction, and weekly interactive participation.
Text material may contain a combination of code sections,
cases, and commentary materials.
Study guides will contain commentary materials upon
the text materials with imbedded exercises and assignments
to be completed either independently or within a group of
two to five persons.
Assignments may be submitted directly to the Instructor
or submitted to the classroom.
Each module, selected students may be called upon to deliver
answers in the Internet based classroom to questions posed
by the instructor.
Questions may be posed in case study form or in issue
may be short (one page) form or long form (five page analysis).
During the semester, module based audio and videotape lecture
construction will be explored as well as the provision to
students through streaming technology.
During the sixteen-week semester, the students will
have two technology skills and control weeks.
The first week of the course, the student will spend
the time acquiring and testing the necessary accessing components
of the course, including: blackboard skills, database access,
proxy server access, material download, and other technical
students will introduce themselves and identify with each
other (camaraderie and network building).
During the third week, students will be given another
breather week to check the quality of their acquired technology
technical skills and offsite database access in order to
identify any problem areas that require immediate correcting.
During the semester, each student will receive at
least two detailed feedback sessions from the Instructor
through the detailed marking of his/her/group study guide
assignments and/or class participation.
Separately, the Instructor is available for office
hour private counseling through email, telephone, and perhaps
by residential office appointment.
Other assignments may receive feedback and will receive
a grade, recorded in the online grade book that students
may assess their performance.
IV. ATTENDANCE AND PARTICIPATION
online course requires attendance which is measured by (1)
the modular-weekly interactive participation opportunities
in the classroom, (2) mandatory weekly participation through
being called upon to address the class for certain modules
as well as (3) modular study guide assignments.
Missing mandatory weekly participation assignments
is the equivalent of being not prepared in class and will
result in a zero for that assignment.
Not turning in study guide assignments will result
in a zero for that assignment.
V. EVALUATION OF STUDENT
Grades will be determined through a combination of
factors, as follows:
exam - 50%;
study guide assignments - 25%
participation - 25%
VI. REQUIRED TEXTS
texts edited and authored by the Instructor, supplemented
by reference materials.
Reference materials will include source materials
and secondary materials.
is conducted using the Internet WWW and other suggested
online reference material.
WITH SUGGESTED FACULTY AND RESOURCES
is a (tax) treaty?
1 covers the distinction and relationship between public
and private international law, the incorporation of treaties
into domestic law, tax treaty overrides, Arts. 27 (Diplomatic
Agents), 29 (Entry into Force) and 30 (Termination) and
the impact of the foregoing on tax treaty interpretation.
2 describes the three main bases for taxation (source/situs,
residence and citizenship), explains the need to avoid double/multiple
taxation, and outlines the purposes of tax treaties (with
brief references to Arts. 24 and 26). It then describes
how tax treaties avoid double taxation (by allocating he
right to tax and requiring exemption/ credit to be given);
covers Arts. 22 (Capital) and 23 (Exemption/Credit Methods),
and illustrates when a tax treaty might fail to avoid double
taxation, might create double non-taxation, and/or might
of Model Tax Conventions. Module 3 covers the provenance
of OECD, US and UN Income tax Models, outlining their differences
and different tax allocations. It also covers OECD Estate
And Gift Tax Models.
(John Avery Jones & Byrnes)
role of The Vienna Convention and Model Commentaries in
tax treaty interpretation.
scope of tax treaties. Module 5 covers Arts. 1 (Personal
Scope), 2 (Taxes Covered), 3 (General Definitions), 28 (Territorial
Extension), Who can rely on a treaty for protection? Residents
of third States (with brief references to Arts. 10, 11,
24 and 26), the US saving clause, tax treaty problems of
trusts, partnerships, etc. and Art. 3(2)'s reference to
(Jones & Byrnes)
4 (Resident) plus Art. 8 (Shipping etc.).
5 (P.E.), Art. 7 (Business Profits) and Art. 14 (Independent
10 (Dividends), including branch tax and EC Parent-Sub Directive.
11 (Interest) including tax sparing, proposed EC rules and
12 (Royalties) and 13 (Capital gains) including proposed
15 (Dependent Personal Services), Art. 16 (Directors' fees),
Art. 18 (Pensions) and Art. 20 (Students).
6 (Immovable Property), Art. 17 (Artistes and Athletes),
Art. 19 (Government Service) and Art. 21 (Other Income).
Abuse and Limitation on Benefits.
24 (Non-discrimination) including EC law.
9 (Associated Enterprises), Art. 25 (Competent Authority)
and Art. 26 (Exchange of information).
to the future? A wrap-up the Modules highlighting points
which need further analysis, illustrating the importance
of the first Models, giving example(s) of treaty research
and forecasting likely developments.
Online Course Requirements for Certification:
Chartered Wealth Manager - Take LLM 131, and LLM200
Chartered Trust & Estate Planner - Take: LLM111 and
Chartered Portfolio Manager - Take LLM 222
Chartered Risk Manager - Take LLM106 and 110
- Chartered Asset Manager - Take LLM 104 and LLM 105
- Chartered Market Analyst - Take LLM 333 (Must of Masters
Degree, JD or CPA)
- Registered Financial Specialist - LLM 101 and LLM 102