Prohibition of Abuse and Beneficial Ownership: Disentanglement via a Principle-Based Approach in EU Tax Law (and Beyond)
This article disentangles beneficial ownership (BO) from the EU law principle prohibiting the abuse of rights (Prohibition of Abuse) through a principle-based approach. It contrasts their core elements, scope and purpose, concluding that this approach clarifies their distinction within EU law and other anti-abuse measures, including PPT (MLI) and GAAR (ATAD).
Authors
- J. Kokott
- Błażej Kuźniacki (ORCID: https://orcid.org/0000-0002-3459-7656)
Publication Details
- Journal
- Bulletin for international taxation
- Published
- 2025-03-25
- DOI
- https://doi.org/10.59403/1m9hd0x
- Citations
- 2
- Primary Topic
- Taxation and Legal Issues
- Type
- article
- Field-Weighted Citation Impact
- 7.82