International Tax Aspects Of Sovereign Wealth Investors

An increasing number of States have entered the market looking to invest resources in foreign assets. This emergence of States acting as investors, managing the wealth of a nation and competing in the marketplace with private investors, has attracted growing and wide attention. This book is the first in-depth analysis of the international tax aspects of sovereign wealth investors, and serves as a comprehensive guide to designing tax policy, from a source State perspective, toward inbound sovereign wealth investment. Drawing on a wide range of relevant sources, including international instruments, domestic tax legislation, administrative practice, (international) case law and the writings of highly qualified publicists, the author fully addresses the following aspects of the subject: – the definition, functions, legal form, governance, home State tax status, etc. of sovereign wealth investors; – tax policy considerations and objectives (i.e., neutrality, equity and international attractiveness) from a source State perspective vis-à-vis foreign sovereign wealth investors; and – the potential impact of the sovereign immunity principle, bilateral tax treaties and European (Union) law on source States’ ability to achieve these tax policy objectives in relation to foreign sovereign wealth investors. The conceptual framework developed by the author will greatly assist source States in introducing new tax policy or in evaluating or reconsidering their existing tax policy vis-à-vis foreign sovereign wealth investors. In addition, practitioners, academics and (home States of) sovereign wealth investors will welcome this first authoritative analysis of an important but insufficiently understood subject in international tax.

In Sovereign Wealth Funds, noted international tax lawyer Leonard Schneidman has assembled an array of essays, authored by a global collection of subject area experts, designed to explore three key aspects of SWFs: their regulation and governance, investment behavior, and taxation. You'll quickly discover this work to be the highly useful tool you and your clients need to assess the SWF phenomenon and its practical legal, tax and financial implications.

The book analyses the taxation of investment funds and their investors from the standpoint of domestic tax laws, tax treaties and EC law. It also provides a comprehensive understanding of the tax issues arising in the cross-border transactions of investment funds and private fund investors in the European Union. The viewpoints of the source state of income, residence state of the investment fund as well as the residence state of the investor are all considered. The book takes a comparative approach by covering five EU Member States (the United Kingdom, Germany, France, Luxembourg and Finland). On the basis of the examination at the Member State level, the present tax rules and practices are tested against the fundamental freedoms of the EC Treaty. The conclusion is that there are still various tax measures that are likely to be in conflict with EC law. The book also discusses possibilities of adopting targeted measures of positive integration at the level of the European Union with a view to enhancing the objective of the single investment fund market.

Bassan provides a remarkable compendium on the relevant laws, regulations, and standards affecting sovereign wealth funds. These institutions are now at the very centre of the global financial system and demand greater appreciation of their distinctive qualities as well as their likely implications for nation-states and the global economy. Bassan s book is a unique contribution to understanding the governance and regulation of these institutions and will be an important resource book for those who must grapple with the growing power and global scope of these institutions. Gordon L. Clark, University of Oxford, UK and Monash University, Australia This book covers a true vacuum in international legal literature thanks to its multi-facet in-depth analysis of SWFs, a new type of protagonists of transnational investments in the global economy. It analyses critically the various approaches put forth to pinpoint real nature, legal set-up, relevant features in the diverse operating activity of SWF in the perspective of addressing the issue of the most appropriate regulation that would ensure two apparently conflicting goals: the protection of SWF investments and of host states legitimate concerns for vital national political or economic interests and the diverse activities. On this basis, the author reviews the various international hard and soft law regulations proposed and the relevance of existing disciplines including Bilateral Investment Treaties. The full coverage of the issue of sovereign immunity in respect of SWF is a useful completion of the author s analysis. Giorgio Sacerdoti, Bocconi University, Italy This book provides a definition and classification for Sovereign Wealth Funds (SWFs) and discusses its phenomenon within the legal context. It identifies the rules applicable to SWFs and focuses on the bilateral relationships between states. In eight extensive chapters, Fabio Bassan considers whether SWFs may enjoy immunity with respect to host state measures as well as protection in Bilateral Investment Treaties Written from an international law perspective, The Law of Sovereign Wealth Funds will appeal to students of international business, international organizations, banks and governments.

Research on the role of sovereign investments in a time of crisis is still unsatisfactory. This Research Handbook illustrates the state of the art of the legal investigation on sovereign investments, filling necessary gaps in previous research. Current

The Palgrave Handbook of Sovereign Wealth Funds provides a comprehensive, detailed analysis of these funds from a multidimensional perspective consisting of 33 chapters divided into seven sections. Section I provides background material about SWFs, providing a foundation for the remainder of the handbook. Section II examines various controversies, governance, and accountability topics involving SWFs. Section III discusses the political, legal, and tax aspects of SWFs. Section IV reviews numerous topics involving SWF management. Section V deals with SWFs’ policies, preferences, and performance. Section VI provides descriptive analyses of SWFs based on country or region. It also offers a comparison of SWF similarities and differences across countries. Section VII concludes by examining special issues and the future of SWFs. This handbook spans the gamut from theoretical to practical while offering the right balance of detailed and user-friendly coverage. Discussion of relevant research permeates the handbook. Although other books are available on SWFs, few are as comprehensive or provide a multidimensional perspective from academics and practitioners. This handbook fills a gap by showing how SWFs are a growing and dynamic force in international finance.

Sovereign Wealth Funds have become increasingly powerful and influential investors. Their increasing role, and unusual character as both political and market actors, raise a number of issues with regard to finance, politics, regulation, and international business. This handbook draws together the growing but fragmented research on SWFs.

This book elaborates on how Norway has managed to convert a large fraction of its endowment of hydrocarbons below the seabed of Norwegian waters into financial wealth, invested in the world’s capital markets. Further, it explains how this wealth is managed. Under the current guidelines, only the assessed return on investment may be allotted to public budgets. This ensures that the wealth will benefit both current and future generations. The capital is gathered in the Sovereign Wealth Fund – or State Pension Fund Global (SPF-G) –, which is intended to maximize capital value without exceeding acceptable risks. The book offers new insights into the history and management of the fund, examines its successes,and discusses future challenges. Given its scope, it appeals to scholars of economics, finance and political science, and to anyone interested in the sustainable investment of natural resource-based revenues.