Akad_TaxLaw News_layout neu 0315_A.indd
Transcription
Akad_TaxLaw News_layout neu 0315_A.indd
Prof. Wolfgang Schön WTS Award Vienna LL.M.News INTERNATIONAL TAX LAW VIENNA WOLFGANG SCHÖN ON NEUTRALITY AND TERRITORIALITY Wolfgang Schön delivered the Klaus Vogel Lecture 2014 and presented an analysis of the ECJ case law on the interaction between the fundamental freedoms and national tax systems. He argued in favor of a strict application of a unilateral neutrality principle based on non-discrimination and rejected those strands of case law which apply an overall perspective to the taxation of cross-border events by two (or more) states. He criticized the emerging trend in the ECJ’s jurisprudence of stressing the territorial demarcation of Member States’ taxing rights. Prof. Schön supports a sophisticated application of the concept of “coherence” in order to reconcile the requirements of neutrality with the territorial limitations of taxing powers. Heinz-Klaus Kroppen, who basically supported the positions taken by Prof. Schön, provided comments. The program of the day following the Klaus Vogel Lecture was reserved for LL.M. alumni. In the morning, Prof. Alexander Rust gave a lecture on BEPS exclusively for LL.M. graduates. This was followed by the awards ceremony of the WTS Award, presented by Fritz Esterer, Chief Executive Klaus Vogel Lecture www.international-tax-law.at Prof. Heinz-Klaus Kroppen Officer of WTS. All master’s theses submitted by students who graduated in 2014 were eligible and a jury selected the best three papers. The winners received prizes of EUR 2,500, EUR 1,500 and EUR 1,000 for first, second and third place, respectively. In the afternoon, a group of graduates explored “Fantastic Vienna”. “Fantastic realism“ is a special movement in late modern art and one of the most successful export brands of Austrian art. It is characterized by fantastical motifs from mythology and the world of dreams. The group started the tour at the Phantasten Museum and enjoyed a presentation given by Prof. Gotthard Fellerer, an Austrian representative of the Vienna School of Fantastic Realism. After a coffee break with apple strudel at the Hofburg, the group visited the Ernst Fuchs Museum. Ernst Fuchs, one of the representatives of the Vienna School of Fantastic Realism, designed his own museum in a villa constructed by the renowned Jugendstil architect Otto Wagner. The next Alumni Reunion is scheduled for September 25-26, 2015. Please save the date! At the Phantasten Museum Apple strudel! March 2015 In class MY TAXBLOG WITH THE CANADIAN TAX FOUNDATION: A TAX TALE OF THE INTERTWINEMENT OF CULTURES AND KNOWLEDGE Jessica Di Maria lenging, to say the least. They shook up my preconceived Canadian ideas of the tax world. Obviously, this is expressly not “recounted” in the program’s brochure. Amazed as I was by the challenges presented during my encounters in Vienna, I needed to recount my “tax tales” to the Canadian tax community. And I did! Through a taxblog launched with the support of the Canadian Tax Foundation. Since the launch of the blog, the Canadian Tax Foundation and I have been publishing one article a month in which I report and comment on my discussions with colleagues and tax professionals. I am seeking to address frequently discussed tax issues from a new angle… and bring a part of the Canadian tax community with me to Vienna! For more information: http://www.ctf.ca/ctfweb/EN/Newsletters/ BLOGUE/BLOGUE_FISCAL_1.aspx It is a well-known fact that the Vienna LL.M. program under the leadership of Prof. Michael Lang and his team of renowned experts is second to none in world. Its intensity, combined with its quality, results in education at the highest possible level. Yet there is much more to discover during the program. As a former associate in a Canadian law firm, my tax reasoning was once confined to the reflexes one develops when practicing domestic tax law on a daily basis. But Vienna has changed everything. This is probably due to the subtle intertwinement of cultures and knowledge offered by the LL.M. program. Trust me: spending most of your time with foreign students brings its share of animated debates. Whether these take place in class, in a Jessica Di Maria pub, or while crammed in a night bus on the way to (Canada/Italy, Full-time 2014/15) Prague, the discussions on critical tax issues chal- JOB FAIR Hosted by Prof. Michael Lang, the very first Career Fair took place at the Institute of Austrian and International Tax Law, exclusively for the current students of the full- and part-time groups who will finish the LL.M. Program in June. It was a unique opportunity to get in touch with some of the leading firms, among which PwC and WTS. Harshal Bhuta, India Deloitte, E&Y, KPMG, LeitnerLeitner, PwC, TPA Horwath and WTS www.international-tax-law.at Carla Tovar, Panama March 2015 Alumni financial transactions became my hobby and I had the chance to learn from experts during my threeOriginally from the Czech Republic, I completed my month secondment to Deloitte Belgium. During my studies at the University of Economics in Prague. work for Deloitte Vienna I had the opportunity to Before my graduation, I started working for TPA travel and meet amazing people; together with the Horwath; TPA Horwath made it possible for me to Austrian president, Dr. Heinz Fischer, and his busistudy in the LL.M. Program in Vienna. The program ness delegation, I travelled back to Vietnam; with was an amazing experience; I was able to meet the mayor of Vienna, Dr. Michael Häupl, and his people from around the world and received great business delegation, to Singapore and Hong Kong. experience in my field (i.e. international tax), which Last year, one of my career dreams came true when I was able to apply back in the Czech Republic. I was given the opportunity to join ERSTE Group to Andrea Lee After five years at TPA Horwath in the Czech Rehead their transfer pricing department. After 15 years public and Austria, I was seconded by the Horwath in consulting, it is amazing experience to be on the Group to Shanghai, China, to manage their interother side, especially in an industry that I am very national desk. After three years in China, I received passionate about. This not only gives me the opportuan offer from Deloitte to join their team in Vietnam. nity to acquire new knowledge and skills in the area of During that time, transfer pricing became the hot transfer pricing, but to get a deeper understanding of topic in Vietnam so I accepted the challenge to the banking industry. The timing could not have been learn about this new area, establish a team and better. With all the changes initiated by BEPS, it is exprovide transfer pricing services to our clients. I citing to have the chance to implement them directly was fortunate enough to also gain knowledge from in practice. It has been 13 years (!) since my LL.M. colleagues in Singapore and Australia. studies but I still keep in touch with friends from my When I returned to Europe, I joined Deloitte class and I always enjoy the annual alumni meetings. Vienna and continued developing my skills in transfer pricing, specializing in my favorite market Andrea Lee segment, financial institutions. Transfer pricing of (Czech Republic, Full-time 2001/02) FROM CZ TO CHINA AND VIETNAM TURNING POINTS Some decisions become turning points. It is still very clear in my mind that the trigger that motivated me to take the LL.M. was my participation in a project advising a client on the application of tax treaties. During my years as a practitioner at E&Y in Mexico, I realized that it was necessary to get an understanding of the whole picture of international taxation. What I could not have imagined is that the LL.M. would not only provide me with an in-depth knowledge of international taxation, but it would also open the door to first-hand experience of a range of perspectives in the advisory business, academia and tax policy in the government sector. www.international-tax-law.at After the LL.M., I was admitted to the Doctoral program in International Business Taxation (DIBT Program) in Vienna where I have had the opportunity to work as a researcher and lecturer in various countries. After working as a tax advisor and being able to explore the world in academia, I received a unique opportunity to join in the tax treaty negotiation team from Liechtenstein. Now I can look at the past and say that doing an LL.M. in Vienna was not only in the right choice, but my turning point! Daniel Fuentes Hernández (Mexico, Full-time 2010/11) Daniel Fuentes Hernández March 2015 Alumni / Miscellaneous A FAIRYTALE WEDDING OR LL.M. MEETS BOLLYWOOD Saurab and his wife My wedding commenced with the auspicious ”Mehendi Ceremony” in the afternoon, where henna is applied to the bride’s hands and feet. This was followed by the “Sangeet Ceremony” on the same day. This was an evening full of fun, food, and Bollywood. The next morning saw the bride and groom being covered with the traditional “turmeric paste”, a part of the “Haldi Ceremony”. The wedding ceremony took place at night in the customary “Mandap” with the bride and groom taking “7 Pheras” or rounds of the holy fire before being pronounced husband and wife. Saurab Arora (India, Full-time 2010/11) WU BALL 2015 After having bought tickets for the WU Ball 2015 for my friend from Mumbai and myself, I was initially a bit nervous: it was my first time at a ball and to add to the nervousness, it was none other than the renowned WU Ball!!! We armed ourselves by watching a few beginner waltz videos and then reached the venue – the spectacular and beautifully lit-up Hofburg Palace. We were welcomed by the wonderful inaugural dance performance in the Festival Hall. The atmosphere was energetic, with a traditional Viennese orchestra playing in the Festival Hall and simultaneously different genres of music playing in various halls of the Palace. We danced the waltz along with numerous other couples in the Festival Hall and, to our surprise, we did quite well! My most memorable experience of the WU Ball 2015 will always be the quadrille, which we attended after one of our classmates assured us that no prior experience was required. Although the instructions were in German, we quickly learned the steps by observing others and as the pace of the orchestra increased, it became more and more exciting! We bid adieu to the WU Ball 2015 after the quadrille, taking pleasant memories home with us. Harshal Bhuta (India, Full-time 2014/15) Part-time students Full-time students IMPRINT Copyright: LL.M. Program in International Tax Law WU / Institute for Austrian and International Tax Law c/o Akademie der Wirtschaftstreuhänder A-1120 Vienna · Schönbrunner Straße 222-228/1/6/3 Editorial staff: Prof. Michael Lang, Barbara Ender-Rochowansky PARTNERS www.international-tax-law.at March 2015