THE TAXATION OF THE «DIGITAL ECONOMY» IN THE INTERNATIONAL AND EU LEGAL CONTEXT. PERSPECTIVES ON THE RESORT TO E-ARBITRATION TO SETTLE DIGITAL-RELATED DISPUTES BETWEEN TAX ADMINISTRATIONS AND TAXPAYERS

This essay is aimed at critically analysing the current outline of the international and EU tax law scenario with respect to the challenges raised by the digital economy in the relationships between tax administrations and taxpayers. Indeed, the increasing «dematerialisation» of wealth, due to the digitalisation of values and assets, requires different States to adapt their current taxation models and principles to a «digital environment» that shall be regarded as the ideal «portion of space» where «intangible» (i.e. «digital») activities take place. To provide a regulatory approach as far as possible co-ordinated between different States towards such issues, both the OECD (by means of the so-called «BEPS Project» and furtherly updated by «BEPS 2.0»), and the EU (through the adoption of the so-called «EU Digital Finance Strategy») have elaborated on a set of rules and principles with a view to allocate taxing rights (between different States) based on a «revisited “digital” nexus». However, the digital economy comes together with a diffused recourse to digital infrastructures even in the routinary tax assessment procedures carried out by tax administrations. That implies delicate questions in terms of guaranteeing involved taxpayers’ participation (procedural) rights. Hence, the settlement of tax disputes which may arise with respect to digital transactions is an essential step to enhance taxpayers’ tax certainty. In this regard, the resort to (e-)arbitration appears to be a relevant area of study by emphasising the systematic and characterising aspects that make it suitable to effectively manage such kinds of tax (digital) disputes.