Implementation of the Rights of Taxpayers: Digital Companies under Double Tax Avoidance Agreements

Abstract

The article discusses the implementation of the right of taxpayers-digital companies in the framework of the double tax avoidance agreements (hereinafter referred to as the DTAA) to exemption from taxation in the state-source of income. As a result of the analysis of the norms contained in international agreements on the avoidance of double taxation, ways to address the issue of taxation of digital companies in the framework of international tax legislation are proposed. The authors of the article proved the need to amend the provisions of the DTAA and, in particular, change the term ‘permanent establishment’ and proposed the introduction of the concept of a ‘digital’ permanent establishment for the purpose of establishing the tax presence of a company in the relevant jurisdictions, with reference to the location of users and customers of such companies.