|This study deals with the methods for elimination of double taxation that are applied in double tax treaties.|
The first aim of the study is to systematise and analyse the methods for elimination of double taxation under double tax treaties in order to gain a better understanding of how they work. A number of issues relating to the application of these methods are analysed. Since double tax treaties are applied by tax authorities, courts and taxpayers in a domestic law context, i.e. within the framework of the legal system of a particular state, the analysis focuses on the application in Sweden of the methods for elimination of double taxation under double tax treaties.
The second aim of the study is to evaluate, in a few selected situations, the two main methods for elimination of double taxation recommended by the OECD, namely exemption with progression and ordinary credit, on the basis of whether tax neutrality is achieved.
To a signicant extent, the study also deals with the interaction between double tax treaty provisions and internal law.
David Kleist is a researcher in the Department of Law at the School of Business, Economics and Law, University of Gothenburg, and a lawyer with the Swedish law firm Vinge.