Tax measures to combat brain drain: (In) compatibility issues with double tax conventions and a potential way forward

This article analyzes the interaction between domestic tax legislation applied to avoid or combat a brain drain and the OECD and the UN model tax conventions, the two main models used by states in tax treaty negotiations. After it is demonstrated that brain drain taxes are incompatible with the curr...

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Main Author: Souza de Man Fernando
Format: Article
Language:English
Published: University of Belgrade, Faculty of Law, Belgrade, Serbia 2019-01-01
Series:Anali Pravnog Fakulteta u Beogradu
Subjects:
Online Access:https://scindeks-clanci.ceon.rs/data/pdf/0003-2565/2019/0003-25651904249S.pdf
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author Souza de Man Fernando
author_facet Souza de Man Fernando
author_sort Souza de Man Fernando
collection DOAJ
description This article analyzes the interaction between domestic tax legislation applied to avoid or combat a brain drain and the OECD and the UN model tax conventions, the two main models used by states in tax treaty negotiations. After it is demonstrated that brain drain taxes are incompatible with the current tax treaty network, the author presents alternatives that could be included in the model tax conventions, and consequently in tax treaties, to establish the compatibility of the measures, as well as a justification for the adoption of these alternatives in tax treaties involving developing countries.
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language English
publishDate 2019-01-01
publisher University of Belgrade, Faculty of Law, Belgrade, Serbia
record_format Article
series Anali Pravnog Fakulteta u Beogradu
spelling doaj-art-3408e7e632a74ab3bc325b779eb4c85b2025-08-20T02:24:15ZengUniversity of Belgrade, Faculty of Law, Belgrade, SerbiaAnali Pravnog Fakulteta u Beogradu0003-25652406-26932019-01-0167424928210.5937/AnaliPFB1904249S0003-25651904249STax measures to combat brain drain: (In) compatibility issues with double tax conventions and a potential way forwardSouza de Man Fernando0Maastricht University, International and European Tax Law, the NetherlandsThis article analyzes the interaction between domestic tax legislation applied to avoid or combat a brain drain and the OECD and the UN model tax conventions, the two main models used by states in tax treaty negotiations. After it is demonstrated that brain drain taxes are incompatible with the current tax treaty network, the author presents alternatives that could be included in the model tax conventions, and consequently in tax treaties, to establish the compatibility of the measures, as well as a justification for the adoption of these alternatives in tax treaties involving developing countries.https://scindeks-clanci.ceon.rs/data/pdf/0003-2565/2019/0003-25651904249S.pdfbrain draintaxation of emigrantstax treatiesright to developmenttax benefits
spellingShingle Souza de Man Fernando
Tax measures to combat brain drain: (In) compatibility issues with double tax conventions and a potential way forward
Anali Pravnog Fakulteta u Beogradu
brain drain
taxation of emigrants
tax treaties
right to development
tax benefits
title Tax measures to combat brain drain: (In) compatibility issues with double tax conventions and a potential way forward
title_full Tax measures to combat brain drain: (In) compatibility issues with double tax conventions and a potential way forward
title_fullStr Tax measures to combat brain drain: (In) compatibility issues with double tax conventions and a potential way forward
title_full_unstemmed Tax measures to combat brain drain: (In) compatibility issues with double tax conventions and a potential way forward
title_short Tax measures to combat brain drain: (In) compatibility issues with double tax conventions and a potential way forward
title_sort tax measures to combat brain drain in compatibility issues with double tax conventions and a potential way forward
topic brain drain
taxation of emigrants
tax treaties
right to development
tax benefits
url https://scindeks-clanci.ceon.rs/data/pdf/0003-2565/2019/0003-25651904249S.pdf
work_keys_str_mv AT souzademanfernando taxmeasurestocombatbraindrainincompatibilityissueswithdoubletaxconventionsandapotentialwayforward