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Books > Law > Laws of other jurisdictions & general law > Financial, taxation, commercial, industrial law > Financial law > Taxation law
A secret torment for some, a proud responsibility for others, ‘black tax’ is a daily reality for thousands of black South Africans. In this thought-provoking and moving anthology, a provocative range of voices share their deeply personal stories.
With the majority of black South Africans still living in poverty today, many black middle-class households are connected to working-class or jobless homes. Some believe supporting family members is an undeniable part of African culture and question whether it should even be labelled as a kind of tax. Others point to the financial pressure it places on black students and professionals, who, as a consequence, struggle to build their own wealth. Many feel they are taking over what is essentially a government responsibility. The contributions also investigate the historical roots of black tax, the concept of the black family and the black middle class.
In giving voice to so many different perspectives, Black Tax hopes to start a dialogue on this widespread social phenomenon.
The Death of the Income Tax explains how the current income tax is
needlessly complex, contains perverse incentives against saving and
investment, fails to use modern technology to ease compliance and
collection burdens, and is subject to micromanaging and mismanaging
by Congress. Daniel Goldberg proposes that the solution to the
problems of the current income tax is completely replacing it with
a progressive consumption tax collected electronically at the point
of sale.
McCulloch v. Maryland (1819) has long been recognized to be one of
the most significant decisions ever handed down by the United
States Supreme Court. Indeed, many scholars have argued it is the
greatest opinion handed down by our greatest Chief Justice. Much of
this praise is merited for it is brilliantly argued, far reaching
in its implications, and unusually eloquent. While Marshall,
dedicated to the vision of a powerful and growing nation,
ultimately laid the foundation for the living constitution, the
impact of the opinion in his own time was short-lived. Almost all
treatments of the case consider it from the vantage point of Chief
Marshall's decision in which he famously declared the act creating
the Second Bank of the United States constitutional and Maryland's
attempt to tax it unconstitutional. Yet a careful examination of
the context in which the case emerged reveals other, even more
important issues involved that Marshall chose to ignore: the
private profit making nature of the Second Bank of the United
States; the power of the Bank to create branches in the states
without their consent, which many people viewed as a direct assault
upon the sovereignty of the states; and the differences between a
tax levied by a state for the purposes of raising revenue and one
which was meant to destroy the operations of the branches of the
Bank. Addressing these issues most likely would have undercut
Marshall's extreme nationalist view of the constitution, and his
unwillingness to adequately deal with them produced immediate,
widespread, yet varied dissatisfaction among the States. These
issues are particularly important as the Supreme Court was forced
to rehear them in Osborn et. al. v. Bank of the United States
(1824) and they also formed the basis for Andrew Jackson's famous
veto for the re-chartering of the Bank in 1832. Not only the first
in-depth examination of McCulloch v. Maryland, but also a new
interpretation of this familiar and landmark decision, this sharply
argued book provides much new information and fresh insight into a
source of constant division in American politics, past and present.
Fifty years on from the introduction of Value Added Tax (VAT)
across the European Union and its Member States, this comprehensive
book provides a practical commentary on, and analysis of, the
harmonised system of VAT in the EU. This meticulously researched
reference work not only analyses legislation and case law, but also
examines them in the broader context of the operation of EU law.
Written by a team of expert practitioners led by KPE Lasok QC, an
authority on European law with extensive practical experience of
VAT and Customs cases, this book includes a detailed discussion of
the relevant case law of the Court of Justice of the European
Union, considering cases critically with a view to identifying
underlying trends and principles. Key features include:
consideration of the broader context in which EU law operates
comprehensive, simultaneous analysis of legislation and case law
critical examination of principles underpinning relevant case law a
definitive exposition of the present state of the harmonised EU VAT
system. EU Value Added Tax Law will prove to be an indispensable
source of practical knowledge and background information for tax
practitioners advising clients and in-house tax advisers assisting
their employers in relation to VAT in the EU, as well as officials
of tax authorities in EU Member States. Academics researching or
teaching VAT will also find this book's detailed and critical
coverage invaluable. Contributors include: S. Black, E. Hellier, T.
Lall, KPE Lasok, H.L. McCarthy
In this thoroughly revised third edition of what has become the
standard work on information exchange in tax matters, Xavier
Oberson provides an authoritative overview of the instruments and
models used to exchange information on an international level.
Addressing the latest developments in the movement towards
increased global transparency in tax matters, this updated edition
also includes new rules of information exchanges and reporting on
digital platforms, crypto assets and crypto currencies. Key
Features: Analysis of the OECD common reporting standard of
automatic exchange of information Discussion on a range of
international instruments and models including: double taxation
treaties, TIEAs, the OECD multinational convention, European
Directives, FATCA and the Swiss Rubik model Examination of the new
rules for information reporting to digital platforms and new
reporting obligations for crypto assets and e-money of the OECD
Base Erosion and Profit Shifting (BEPS) Program Lawyers, tax
specialists and professionals in banking and finance looking to
further their knowledge and gain insights into new developments in
digital platforms and crypto currencies will find this book to be
an invaluable reference. Students and academics in law, tax and
economics will appreciate the clear overview and find this an
essential resource.
This authoritative book provides a structural, global view of
evolving judicial and doctrinal trends in the understanding of
beneficial ownership in international taxation. Despite attempts by
the OECD to clarify the concept, it remains ambiguous to tax
authorities, courts and scholars alike, which has detrimental
effects on the functioning of tax treaties. Blazej Kuzniacki
presents a route towards an international autonomous meaning of
beneficial ownership in international taxation, while also offering
a comprehensive explanation of the divergent understandings and tax
policy arguments underpinning its continuing ambiguity. Key
Features: Guidance towards solving definitional disputes between
taxpayers and tax authorities Discussion of ground-breaking
judgments in cases on beneficial ownership from various
jurisdictions across the world Comprehensive reflection of tax law
in action, particularly in respect of outbound investments that
trigger transborder payments of dividends, interest and royalties
Clear demarcation between appropriate and inappropriate usage of
beneficial ownership by authorities and courts when addressing the
issue of abuse of tax treaties and EU Directives Beneficial
Ownership in International Taxation will be a crucial resource for
lawyers specialising in international taxation, tax practitioners
and accountants, along with officials at tax authorities and judges
hearing cases in this area. It will also be useful for policy
makers working on cross-border taxation, and scholars and students
researching international tax law.
Unlike some other reproductions of classic texts (1) We have not
used OCR(Optical Character Recognition), as this leads to bad
quality books with introduced typos. (2) In books where there are
images such as portraits, maps, sketches etc We have endeavoured to
keep the quality of these images, so they represent accurately the
original artefact. Although occasionally there may be certain
imperfections with these old texts, we feel they deserve to be made
available for future generations to enjoy.
This timely book provides a critical examination of the ways in
which tax expenditures can be best used in order to enhance their
efficacy as instruments for the implementation of environmental
policy. Examining the capacity and limits of tax expenditures in
financing environmental policy, Hope Ashiabor considers their use
in various contexts and policies in order to clearly establish the
common threads as well as any deviations that have emerged. The
book outlines how, when used in environmental policy either to
provide preferences to certain activities or to address the
challenges of environmental degradation, the management of tax
expenditures invariably results in unintended consequences that
manifest in negative environmental outcomes and economic
inefficiencies. It also examines some of the challenges encountered
in re-structuring subsidies that have become environmentally
harmful. Tax Expenditures and Environmental Policy will be of great
interest to students and scholars in both tax and environmental
law. It will also offer an essential tool for policy makers and
practitioners through its focus on policy design and its doctrinal
analysis.
Elgar Research Agendas outline the future of research in a given
area. Leading scholars are given the space to explore their subject
in provocative ways, and map out the potential directions of
travel. They are relevant but also visionary. This Research Agenda
considers the future direction of research in tax law, channeling
creative thinking from leading tax scholars around the world who
explore potential routes for further development in both
traditional and more unconventional areas of tax law. Showcasing
visionary and provocative thoughts from leading international tax
scholars, each chapter follows a clear methodological structure,
setting each specific topic in context before identifying research
gaps indicating potential avenues for future research. These
developments are discussed in relation to tax law's interaction
with a myriad of cutting-edge topics such as environmental
challenges, new technologies, racial and immigration issues. The
expert authors astutely draw out the social implications of tax law
in order to present a case for developing a more global and
interconnected approach to contemporary research ventures. A
Research Agenda for Tax Law will provide guidance and inspiration
for future researchers, doctoral students and scholars in the field
of tax law and fiscal policy who wish to dive into some deeper, and
perhaps unknown, waters of taxation.
The third edition of EU Customs Law provides a fully updated
treatment of legislation, new treaties and cases in the two courts
of the EU especially but also in Member States. This volume also
includes commentary on the Union Customs Code and secondary
legislation, and increased coverage of areas such as the wider role
of customs authorities apart from the collection of customs duty,
such as security of goods and post 9/11 developments generally, the
history of customs unions and their implications for governments,
non-EU customs unions to which EU law is relevant, and the
inter-relation between customs duty and direct tax.
This comprehensive book adopts a nuanced yet straightforward
approach to analysing the complex phenomenon of international tax
competition. Using the ongoing international efforts of the
Organisation for Economic Co-operation and Development (OECD) and
the European Union (EU) as a basis for its analysis, it explores
the mixed effects of tax competition and offers an effective
approach that takes account of the asymmetrical global context.
Providing a history of the OECD's work on tax competition to date,
Chidozie George Chukwudumogu argues against conventional efforts to
merely restrict international tax competition, putting forward a
wide regulatory approach that is more appropriate and considerate
of the inequality of the states involved. The author further
explains and simplifies complex terms and principles of
international tax policy, demystifies common assumptions about tax
competition, and identifies commonalities beyond the often
polarizing debates on the topic. The Regulation of Tax Competition
will be a crucial resource for academics, researchers and students
with an interest in international tax law and policy. Policymakers
in both international organisations such as the OECD and EU and in
national governments will also benefit from awareness of the
arguments explored in this book.
At a time when climate change and the Covid-19 pandemic pose a
global existential threat, this timely and important book explores
how policy responses to a pandemic create both opportunities and
challenges for the increased use of environmental pricing
instruments, such as carbon taxes, and tradable permit schemes, and
targeted green fiscal incentives. The chapters provide an important
foundation of knowledge and analysis about how a pandemic affects
environmental tax policy. They identify lessons from policy makers'
responses to the management of the pandemic and implications for
addressing the threat of climate change and other environmental
challenges. They highlight the need for environmental pricing
instruments in the mix of policy instruments even in the wake of a
pandemic. They present theory and empirical analysis, and they
feature a number of country-specific case studies, including the
experience of developing countries. This book takes readers into
the important and unprecedented circumstances of our time where
pandemic policy meets environmental policy for the short and long
terms. It will be of great interest to researchers, students and
scholars in environmental policy, tax and law, as well as the
industry sector, policy makers and government officials.
EU Tax Disclosure Rules provides a comprehensive, practical guide
to the 6th amendment of Council Directive 2011/16/EU on
administrative cooperation in the field of taxation (known as
DAC6). Florian Haase offers insight and clarity into the mandatory
reporting obligations imposed by DAC6 on intermediaries engaged in
tax matters involving cross-border activities, and in some cases
taxpayers themselves, as well as the characteristics or 'hallmarks'
outlined in the Directive that trigger these obligations. Key
features include: a critical examination of the Directive's
mechanism an overview of the status of implementation in EU Member
States a contextual consideration of the legislative environment in
which DAC6 operates insights into practical issues that may arise
from the viewpoint of intermediaries and relevant taxpayers
discussion of potential future developments of the Directive. The
detailed coverage of the Directive and its implications contained
in this new work will prove invaluable for all tax practitioners
advising on EU tax law, including tax advisors, lawyers, mergers
and acquisitions advisors, and in-house counsel for banks. It will
also be of interest to academics working in tax law, as well as in
commercial law and EU law more generally.
This book's eminent editors and contributing authors provide an
accessible and engaging account of the 'new' politics of corporate
taxation, highlighting the complex and multidimensional strategies
used by activists to influence public opinion, formal regulation
and corporate behaviour. While campaigning is successful at
exposing tax avoidance, it presents significant governance
challenges. As this book reveals, the battle to establish fair and
sustainable corporate tax regimes has only just begun. Chapters
offer readers a timely assessment of the emerging role of new tax
justice NGOs, the media and whistleblowers, as well as new
governance strategies and policies targeting multinational
corporations. Through the lens of political science, the authors
show how civil society organisations shape the agenda of tax
practices of the world's largest and most powerful corporations,
including examples such as Apple and Google. A detailed evaluation
is given of new private governance initiatives in the international
tax arena and their relationship with traditional forms of
regulation. Looking closely at the wider significance of the debate
in contemporary global governance, academics and graduates in the
fields of international political economy, global governance,
development studies and taxation will find this book a timely and
thought-provoking read. Contributors: A. Christians, R. Eccleston,
A. Elbra, F. Gale, L. Johnson, A. Kellow, L. Latulippe, J. Mikler,
H. Murphy-Gregory, T. Porter, K. Ronit, L. Seabrooke, L. Smith, J.
Van Alstine, D. Wigan, R. Woodward
This title is part of UC Press's Voices Revived program, which
commemorates University of California Press's mission to seek out
and cultivate the brightest minds and give them voice, reach, and
impact. Drawing on a backlist dating to 1893, Voices Revived makes
high-quality, peer-reviewed scholarship accessible once again using
print-on-demand technology. This title was originally published in
1950.
These are papers from the 10th Cambridge Tax Law History
Conference, which took place in July 2020. The papers fall within
the following basic themes: - UK tax administration issues - UK tax
reforms in the 20th century - History of tax in the UK - The UK's
first double tax treaty - The 1982 Australia-US tax treaty - The
legacy of colonial influence - Reform of Dutch excises, and -
Canadian tax avoidance.
Only through a concerted global effort can we protect our natural
resources, save our precious natural environment, and indeed our
future. Pressures on our natural environment come from many
directions, including overuse, mismanagement and contamination, all
of which must be addressed through a range of measures as part of
an international response. This much-needed book reviews and
evaluates the use of market and fiscal instruments in protecting
our natural resources, from rural to marine environments. The
expert contributors emphasise the need to reduce greenhouse gas
emissions to stem the tide of irreparable harm to our natural
resources. Market instruments that are designed to protect the
global atmosphere are evaluated, along with carbon instruments and
environmental tax incentives. Meanwhile, consideration is given to
shifting the tax burden to achieve environmentally responsible
outcomes, balancing sustainable use and natural resource
protection, and protecting water resources. Offering a
comprehensive appraisal of market instruments and policy solutions
for natural resource protection, this book is ideal for both policy
makers and students and academics of environmental law, economics
and sustainability. Contributors include: K. Bubna-Litic, B.
Butcher, M.M. Callison, M. Cao, A.C. Cerqueira Duque, J. Cottrell,
E. de Lemos Pinto Aydos, M. Dobranschi, F. Fortier, W. Gumley, M.L.
Hymel, V. Johnston, C. Kettner, L. Kreiser, P. Lee, A. Lerch, D.
Nerudova, S. Palassis, S. Rudolph, K. Schlegelmilch, H. Sprohge, R.
Tavallali
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