3.3 Deductibility Restriction, AntiAvoidance Rules, and Blacklists
Many tax avoidance schemes are based on the fact that one asset is simultaneously not taxed in one country and deductible from the tax base in another, which in effect leads to double non-taxation. The direct restriction of deductibility can end such effects. It is then often called a »subject-to-tax clause«, which makes the tax advantage dependent on a (minimum) taxation in one country. Such a restriction is normally designed regarding specific assets or taxes. It can be a full or only partial restriction.
In Germany, for example, interests between the different affiliates of one corporation are only deductible to a certain extent in order to prevent abusive structures that abuse the deductibility of interest (»thin capitalisation«)