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

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
Controls
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article

Prohibition of Abuse and Beneficial Ownership: Disentanglement via a Principle-Based Approach in EU Tax Law (and Beyond)

J. Kokott, Błażej Kuźniacki
2 citations
Bulletin for international taxation
Taxation and Legal Issues
7.82
article

Prohibition of Abuse and Beneficial Ownership: Disentanglement via a Principle-Based Approach in EU Tax Law (and Beyond)

J. Kokott, Błażej Kuźniacki
article en
2 citations

Abstract

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).

Bulletin for international taxationVol. 79(4)
Openalex Percentile: Top 4%
Taxation and Legal Issues
7.82
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Prohibition of Abuse and Beneficial Ownership: Disentanglement via a Principle-Based Approach in EU Tax Law (and Beyond) — J. Kokott, Błażej Kuźniacki · Bulletin for international taxation (2025) | TGRS Research Map | TGRS