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International - Taxation of Remote Workers – Is the Allocation of Taxation Rights in Line with the Benefit Principle?

Schwartz, Christian LU (2023) In World Tax Journal 15(4). p.621-641
Abstract
This article deals with the taxation of the increasingly growing workforce able to perform their work remotely. The phenomenon of remote work has experienced rapid growth, particularly accelerated by the COVID-19 pandemic when employees were recommended or obliged to work from home due to government lockdowns and restrictions. With the increasing prevalence of remote work, employers are able to recruit personnel globally, transcending the limitations of local recruitment markets. Consequently, the jurisdiction for taxing employee income may change compared to work performed physically on site. In the article, the author analyses how the various articles of the OECD Model addressing employment income allocate the right to tax the income of... (More)
This article deals with the taxation of the increasingly growing workforce able to perform their work remotely. The phenomenon of remote work has experienced rapid growth, particularly accelerated by the COVID-19 pandemic when employees were recommended or obliged to work from home due to government lockdowns and restrictions. With the increasing prevalence of remote work, employers are able to recruit personnel globally, transcending the limitations of local recruitment markets. Consequently, the jurisdiction for taxing employee income may change compared to work performed physically on site. In the article, the author analyses how the various articles of the OECD Model addressing employment income allocate the right to tax the income of an employee in situations of remote work. Additionally, the author raises the question whether the outcomes derived from the allocation rules in remote work scenarios align with the benefit principle. The benefit principle states that a taxpayer should pay taxes in line with the benefits received from public services in a state, and the author uses it to measure whether the states involved in the income-generating activity are sufficiently able to tax that income. (Less)
Please use this url to cite or link to this publication:
author
organization
publishing date
type
Contribution to journal
publication status
published
subject
keywords
tax, tax law, remote work, telework, Tax Treaties
in
World Tax Journal
volume
15
issue
4
pages
621 - 641
publisher
IBFD
external identifiers
  • scopus:85187678098
ISSN
1878-4917
DOI
10.59403/sxfvyd
language
English
LU publication?
yes
id
100af2ca-2793-470e-bc0a-e4dc0bfd6087
alternative location
https://research.ibfd.org/#/doc?url=/collections/wtj/html/wtj_2023_04_int_4.html
date added to LUP
2023-12-05 11:15:54
date last changed
2024-03-28 08:41:07
@article{100af2ca-2793-470e-bc0a-e4dc0bfd6087,
  abstract     = {{This article deals with the taxation of the increasingly growing workforce able to perform their work remotely. The phenomenon of remote work has experienced rapid growth, particularly accelerated by the COVID-19 pandemic when employees were recommended or obliged to work from home due to government lockdowns and restrictions. With the increasing prevalence of remote work, employers are able to recruit personnel globally, transcending the limitations of local recruitment markets. Consequently, the jurisdiction for taxing employee income may change compared to work performed physically on site. In the article, the author analyses how the various articles of the OECD Model addressing employment income allocate the right to tax the income of an employee in situations of remote work. Additionally, the author raises the question whether the outcomes derived from the allocation rules in remote work scenarios align with the benefit principle. The benefit principle states that a taxpayer should pay taxes in line with the benefits received from public services in a state, and the author uses it to measure whether the states involved in the income-generating activity are sufficiently able to tax that income.}},
  author       = {{Schwartz, Christian}},
  issn         = {{1878-4917}},
  keywords     = {{tax; tax law; remote work; telework; Tax Treaties}},
  language     = {{eng}},
  month        = {{12}},
  number       = {{4}},
  pages        = {{621--641}},
  publisher    = {{IBFD}},
  series       = {{World Tax Journal}},
  title        = {{International - Taxation of Remote Workers – Is the Allocation of Taxation Rights in Line with the Benefit Principle?}},
  url          = {{http://dx.doi.org/10.59403/sxfvyd}},
  doi          = {{10.59403/sxfvyd}},
  volume       = {{15}},
  year         = {{2023}},
}