{"product_id":"9783032368010","title":"Form and Substance in Tax Law","description":"\u003ch1\u003eForm and Substance in Tax Law\u003c\/h1\u003e\u003ch3\u003ePaulo Arthur Cavalcante Koury\u003c\/h3\u003e\u003cdiv\u003e\u003cb\u003eLaw \/ Taxation\u003c\/b\u003e\u003c\/div\u003e\u003cbr\u003e\u003cdiv\u003e\u003cp\u003eThis book defines the substance over form doctrine in Tax Law and sets clear limits on its application within the Brazilian Constitutional Tax System. Grounded in Brazilian constitutional principles and illustrated with case examples, the analysis develops a general framework that is extensible to other liberal democracies, testing the doctrine’s compatibility with constitutional principles while delineating boundaries for legitimate use. Drawing on a paradigmatic case from Brazilian Tax Law, Chapter One offers a precise definition of the substance over form argument and examines each component to distinguish it from accounting based approaches to taxation, debates on the relationship between Tax Law and Private Law, the defeasibility of tax rules, the rejection of qualification nominalism, and the principle of material truth; it also maps points of contact with interpretations of “form” as requirements for the existence or validity of legal transactions or as essential elements of those transactions, and presents multiple examples of the doctrine’s use in Brazilian Tax Law. Chapter Two critically refutes three common justifications for the prevalence of substance over form in Brazil—broad notions of simulation, the principle of contributive capacity, and economic substance—and then analyzes eight constitutional principles that favor a priori formal qualification criteria in tax matters: the rule of law, democracy, separation of powers, legality, legal certainty, human dignity, freedom, and equality. Chapter Three outlines practical limits on substance over form arguments by identifying preference rules for resolving conflicts among qualification criteria for facts, acts, and legal transactions in Brazilian Tax Law—whether in “form versus form” or “form versus substance” structures—thus providing a rigorous, constitutionally grounded roadmap for courts, tax authorities, and practitioners focused on Brazilian Tax Law, the Constitutional Tax System, economic substance, formal qualification, and legal certainty. Chapter Four compares the definition and criteria for applying the substance-over-form argument, as established in light of examples from Brazilian Tax Law, with key cases of this argument’s application in other countries. The aim is to outline, even if only preliminarily, the limits of the applicability of the theses presented in this work to other legal systems.\u003c\/p\u003e\u003c\/div\u003e\u003cdiv\u003e\u003cp\u003ePaulo Arthur Cavalcante Koury is a Tax Law Professor in the Universidade Presbiteriana Mackenzie, in São Paulo, Brazil. He is a former post-doctoral researcher in the Max Planck Institute for Tax Law and Public Finance. Doctorate and Masters in Tax Law from the University of São Paulo (\"summa cum laude\"). LLM from the University of Cambridge. Specialization in IFRS (International Financial Reporting Standards) from FIPECAFI (affiliated with the University of São Paulo). Author of the books \"Form and Substance in Tax Law\" (published in portuguese and spanish), \"Regulatory Competence in Tax Law\" (portuguese) and \"Brazilian Taxation of Societies Resident Abroad\" (portuguese). Published more than 50 articles and book chapters, including articles published in English in the journals Bulletin for International Taxation, European Taxation (IBFD) and Intertax. Tax Attorney with 14 years of experience in consultancy and litigation. Ranked in the Chambers \u0026amp; Partners Brazil and Global Guides since 2022.\u003c\/p\u003e\u003c\/div\u003e\u003cbr\u003e\u003ctable\u003e\n\u003ctr\u003e\n\u003ctd\u003ePublication Date: \u003c\/td\u003e\n\u003ctd\u003e11 January 2027\u003c\/td\u003e\n\u003c\/tr\u003e\n\u003ctr\u003e\n\u003ctd\u003ePublisher: \u003c\/td\u003e\n\u003ctd\u003eSpringer Nature Switzerland\u003c\/td\u003e\n\u003c\/tr\u003e\n\u003ctr\u003e\n\u003ctd\u003eImprint: \u003c\/td\u003e\n\u003ctd\u003eSpringer\u003c\/td\u003e\n\u003c\/tr\u003e\n\u003ctr\u003e\n\u003ctd\u003eISBN-13: \u003c\/td\u003e\n\u003ctd\u003e9783032368010\u003c\/td\u003e\n\u003c\/tr\u003e\n\u003ctr\u003e\n\u003ctd\u003eFormat: \u003c\/td\u003e\n\u003ctd\u003eHardback\u003c\/td\u003e\n\u003c\/tr\u003e\n\u003c\/table\u003e","brand":"Springer Nature Switzerland","offers":[{"title":"Default Title","offer_id":51562276290700,"sku":"9783032368010","price":161.99,"currency_code":"USD","in_stock":true}],"thumbnail_url":"\/\/cdn.shopify.com\/s\/files\/1\/0710\/9545\/1788\/files\/9783032368010.jpg?v=1784816754","url":"https:\/\/lateknightbooks.com\/products\/9783032368010","provider":"Late Knight Books and Services, LLC","version":"1.0","type":"link"}