The increased mobility of economic activities has resulted in a sharp increase in tax competition between countries. Tax competition can have desirable consequences, such as more efficiency, but it can also have undesirable or harmful consequences, such as a race to the bottom. Since 1997 - the year of publication of the Code of Conduct - the fight against harmful tax competition is one of the main issues of the EU-tax policy. However, the discussion about harmful tax competition till now has been very misty. For a long time, the discussion about harmful tax competition had a very political character. However, in course of time the relation between harmful tax competition and the state-aids provisions in the EC-Treaty was accentuated more and more. However, a more fundamental comparison between harmful tax competition and the state-aids provisions was missing. Furthermore, the relationship between the possible measures to combat harmful tax competition and the EC Treaty did not get a lot of attention. The aim of this publication is to bring more clearness and line in the ample discussion.

CONTENTS Executive Summary I. Summary of Current Law A. General Provisions B. Foreign Earned Income Exclusion and Foreign Tax Credit (Code Sections 911 and 901) C. Expatriation to Avoid Tax (Code Section 877) II. Compliance Measurement and Improvement A. Demographic Study of Overseas Compliance B. Efforts to Improve Compliance C. Factors Limiting Efforts to Measure and Improve Compliance III. Sharing of Information Between Agencies A. Information from Department of State Regarding U.S. Citizens and Former U.S. Citizens Living Abroad 1. Individuals Who Retain Citizenship a. Passport Data (Code Section 6039E) b. Department of State Restrictions on Additional Information 2. Individuals Who Lose Citizenship (Code Section 6039G) B. Information from INS Regarding Lawful Permanent Residents Living Abroad 1. Individuals Who Retain Green Card a. Green Card Data (Code Section 6039E) b. INS Databases 2. Green Card Holders Whose Status is Revoked/Determined to Be Abandoned IV. Definition of Individuals Subject to U.S. Taxation A. Definition of U.S. Citizen for Tax Purposes 1. Modification of Nationality Law Definition 2. Modification of Tax Law Definition a. Elimination of Retroactive Effect of Citizenship Loss b. Relief for "Unknowing" or "Restored" Citizens B. Definition of Lawful Permanent Resident Subject to Tax V. Conclusion and Recommendation

Now established as the definitive text in the important area of Revenue Law, this completely revised edition incorporates all of the most recent changes in the law in this important area and now incorporates an entire section on the law relating to Value Added Tax. The principles and policy behind the development and application of revenue law are explored through a contextual approach which helps the reader develop an understanding of the many complex rules and reform. The book will be invaluable to undergraduate students, professional students and practitioners of law, accountancy, business and taxation.

Line-by-line tips and instructions to successfully file Form 1023
IRS Form 1023 Tax Preparation Guide provides comprehensive instructions for completing and filing the new and significantly revised Form 1023 (Application for Recognition of Exemption under Section 501(c)(3) of the Internal Revenue Code).
Nonprofit organizations--including health and human service organizations, schools, private foundations, churches, libraries, museums, cultural institutions, environmental protection organizations, and other charitable, smaller groups--contend daily with issues related to their IRS filings, from qualifying and applying for tax-exempt status to maintaining and managing it. Written for nonprofit executives and directors, accountants, nonprofit boards, lawyers, consultants, and volunteers, IRS Form 1023 Tax Preparation Guide is brimming with helpful advice and features, including:
* Strategies for obtaining IRS recognition of tax-exempt status as a charitable organization including a Suitability Checklist to evaluate viability of making application
* Insights into the rationale behind the information requested by the IRS
* Specific suggestions for answering each question on Form 1023 and navigating the steps involved in the approval process
* Practical advice on the alternatives available in contesting an adverse IRS determination
* An overview of state filing requirements
* A companion Web site that allows nonprofits to download key model forms and connect to IRS forms
* Easy-to-use worksheets to help manage such critical concerns as public charity status, tax-exempt eligibility, reporting to the IRS, and tax compliance

After the horrific terrorist attacks of September 11,2001 on New York, Washington D.C. and Pennsylvania which resulted in the unprecedented destruction of the World Trade Center, the Pentagon and the murder of several thousand people from eighty-seven countries, President George W. Bush proclaimed a national emergency and issued an executive order which for the first time in United States history permits the government to hold and prosecute by military commission stateless members of a terrorist organization in an undeclared war. The study examines the nature and purpose of military commissions in American history that provides the context for their role as anticipated by the Bush Administration. It further examines the role of the President as Commander-in-Chief under Article II of the United States Constitution to issue his military orders on military commissions in an age of international terrorism, and the principal substantive procedures issued by the Pentagon to make the commissions fully operational. The study addresses the pivotal role of the United States Supreme Court in deciding landmark national security cases that could well test the very foundation of the balance of power in American government and considers the Administration's authority to declare American citizens as "enemy combatants" and detain them indefinitely without trial; and to hold non-citizen enemy combatants at Guantanamo Bay, Cuba without the opportunity to challenge the basis for their detention in any court of the United States. Finally the study considers whether the war on terror is of such a nature as to warrant expansion of the exercise of war power by the political branches of government. Critical long-term issues that impact on balancing civil liberties with national security interests are identified that must be addressed by the Congress and the Executive in confronting the continuing war on terrorism post-September 11.

This is what Patrick M. Ryan, tax law specialist, can do for you:

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To get started, call Pat Ryan at 866-286-2241 or e-mail [email protected] for a free interview and quote. Together we can get the IRS to forgive your entire debt for a settlement that is much less than what you owe! www.patrickmryan.us

This is a companion Seminar to Subject II of the Congress (The tax treatment of transfer of residence by individuals). While Subject II addresses emigration and immigration taxes in income tax law, the Seminar focuses on death taxes. The title begins with an outline of emigration taxes imposed by the domestic death tax laws of major countries, whether and how they try to avoid double taxation, and how tax conventions are used or might be used to eliminate cases of double taxation. This is followed by brief discussions about the overlap of gift and death taxes in cases of a change of residence, conflicts of taxation which arise if one country imposes a capital gains tax in the event of death while the other state uses a death tax, as well as potential conflicts between death taxes and wealth taxes.

This definitive work on the law of income tax will prove invaluable to those involved in accountancy, the Inland Revenue or tax law. It will also be of vital assistance to those studying income tax on accountancy courses or studying for the Institute of Taxation's examinations. It is both comprehensive and concise and covers all aspects of this important subject.

The main goal of this seminar is to clarify on the basis of case studies what is meant by the concept of abusive application of tax treaties and whether and to what extent the concept of abuse is a domestic one and/or one of treaty law. To the extent that the concept of abuse is a purely domestic one, the question arises how domestic anti-avoidance rules affect double taxation conventions and to what extent one contracting state, for the purpose of taxation, should be prepared to consider the other contracting state's notion of abuse. To the extent that the concept of abuse is one of treaty law, it has to be clarified whether such a concept is known in Treaty law as an unwritten rule or whether the treaties need to include an express provision. Another important question in this respect is whether abusive use of tax treaties by contracting states is possible, e.g. by denying the access to the treaty or by implementing exit charges in the national legislation. What is or can be the role of the OECD in this process and to what extent does EC law innuence the way abuse of tax treaties can be tackled?

This seminar examines the tax effects in a particular jurisdiction of reorganizations taking place in another jurisdiction. The covered reorganizations include mergers, divisions or splits, but also change of legal form (for example, partnership into a company) and transfer of the corporate seat. The seminar focuses on the following: effects in the source state of reorganizations made in the residence state; effects in the residence state of reorganizations made in the source state; impact of EC tax directives on dividends and cross-border reorganizations; and treaty issues.

It is only in the last two or three years of the 20th century that the taxation regime within the Russian Federation has achieved a relatively settled character. The clear outline of a coherent tax law system that operates throughout the Federation and all its subject administrations is available in this concise reference, written by a distinguished Russian financial and tax scholar. Among the many topics covered are: historical, economic, and political background; bases of tax competencies of the State and its subdivisions; principles of assessment and collection; rates and exemptions; determination of taxable corporate profits; penalties, anti-avoidance regulations, and rights to objection and appeal; social security administration; estate, inheritance, and gift taxes; sales and value-added taxes; import and export duties; priority in international and national tax laws; and elimination of double taxation.

This work examines the extent to which income taxation is influenced by the issue of environmental protection in EU Member States. Reports from seven countries belonging to the EUCOTAX (European Universities Cooperating on Taxes) network - Belgium, France, Germany, Italy, The Netherlands, Spain and the United Kingdom - investigate the relationship between environmental policy and direct taxation. The analysis covers two broad issues: the measure incorporated into personal and corporate income tax regimes to stimulate environmental protection, and the treatment of fiscal liabilities with respect to environmental legislation. The work is part of a project supported by the European Commission and the London Institute for Public Policy Research, aimed at stimulating debate about environmental tax reform in Europe. The project was coordinated by Professor Tulio Rosembuj of the University of Barcelona and Professor Peter Essers of Tilburg University, The Netherlands.

This text contains the proceedings of the IFA Congress Seminar held in 1998. The seminar considered whether the OECD Guidelines had started to influence tax legislation or the practice of Revenue authorities. The seminar reviewed developments in transfer pricing legislation throughout the world. It considered the results of a questionnaire to multinational groups in the Association, and the views of panel members and other participants.

This work makes a comparative study of the tax treatment of family units in eight European jurisdictions. Presented by a panel of leading tax law specialists, these descriptive and analytical articles focus in particular on income tax, inheritance and gift tax, property tax and social security. Issues examined in this context include the definition of "family" for tax purposes and the tax treatment of non-married couples; the relationship between constitutional principles such as protection of the family, ability to pay and non-discrimination; the concept of income for tax purposes and the treatment of living expenses; child tax allowances; separate, splitting or quotient systems; and the relationship between tax and welfare systems. The book aims to stimulate discussion of the influence of EC Treaty provisions on national tax regulations, to show how the lack of harmonisation between EU member states may affect the economic and legal position of individuals, and to identify common principles where harmonisation of family taxation may be considered. The papers are the result of a conference organised by the Academic Committee of European Tax Law, which took place in Alicante, Spain, in March 1998. The editor is Director of the Department of Tax Law at the University of Alicante, Spain. She is a former Professor of Tax Law at the Spanish universities of Valencia and Murcia, and has published widely in the field of tax law.

The tax treatment of pensions and pension schemes is undergoing a period of rapid development across the European Union. Following publication of the European Commission Green Paper on Supplementary Pensions in the Single Market in June 1997, the Council adopted a Directive on safeguarding the supplementary pension rights of employed and self-employed persons moving within the Community (Council Directive 98/49/EC of 29 June 1998). This work aims to stimulate the debate in this area, both on a national and a European level. The importance of the European dimension is apparent from an analysis of the application of EC competition rules to pension funds, particularly those funds which are granted exclusive rights to provide benefits to supplement state social security systems. It is argued that increased competition in this sector is likely to benefit pension provision in the long term. Against a background overview of the different types of pension schemes in EU Member States, the book goes on to consider the question of harmonization of certain tax rules with respect to pensions. Whereas important differences exist between the various schemes, nearly all grant some form of tax privileges aimed at encouraging supplementary provision. The need for uniform rules is most clearly shown in the application of assignment rules on tax, social security and pensions with regard to workers in cross-border situations, where various Member States apply significantly different rules. The papers collected here are the result of a seminar organized by the Foundation for European Fiscal Studies of the Erasmus University Rotterdam. This brochure is the seventh in a series initiated by the Foundation, which organizes postgraduate courses on European tax law, and aims to encourage research on the economic and legal aspects of tax harmonization and co-ordination in the European Union.

This part of the IFA Seminar Series focuses on two aspects of the definition of permanent establishments: whether and when the provision of services may constitute a permanent establishment concept. The papers delivered at the seminar and the discussions among panelists and congress participants from the floor are reproduced in this booklet.

This text examines how firms change their investment decisions in response to tax policy and concludes that firms would substantially increase their investment in plant and equipment if some of the proposals for fundamental tax reform are enacted.

This collection brings together six papers on two fundamental issues in European fiscal law. The first issue concerns the legal character of VAT and focuses on the basic principles underlying the European VAT system and their development over the last 30 years. Topics covered include the new definition of VAT based on recent case law of the European Court of Justice, the basic characteristics of VAT as a consumption tax and the distinction between the economic and legal approaches to VAT. The second issue concerns the application of general principles of law and justice in European law in general and European tax law in particular. The application of these principles is explored in detail in the context of European Court of Justice case law, direct and indirect taxation in general, and the harmonization of rules on capital income taxation and the introduction of a common withholding tax in particular. These papers are the result of a conference organized by the Foundation for European Fiscal Studies of the Erasmus University Rotterdam in honour of Fons Simons, who for seven years was responsible for the postgraduate courses and seminars at the Foundation. This brochure is the sixth in a series initiated by the Foundation, which organizes postgraduate courses on European tax law, and aims to encourage research on the economic and legal aspects of tax harmonization and co-ordination in the European Union.

Presumptive taxation raises both theoretical and practical issues of great importance. From a policy perspective, the most interesting issue is probably to what extent presumptions can be used to simplify the task of administration without fundamentally changing the tax base. From a practical perspective, the fundamental issue raised by presumptive taxation is the trade-off between accuracy and administrability. Using presumptions improves the administrability of a tax while lowering its accuracy, and the question is to what extent the former benefit justifies the latter cost. A related issue is whether presumptive taxation should be considered a permanent supplement to, or even replacement for, the more traditional tax system, or whether it should be viewed as merely a transitional phase until the tax administration is capable of collecting the normal tax without the widespread use of presumptions. The papers collected in this volume reflect the broad diversity of types of presumptive taxation in use today. The overall theme of these papers is that presumptive taxation is a widespread form of taxation, not limited to developing countries, which can be helpful whenever administering the normal tax base is too challenging.

The seminar on development and selected topics of the OECD Model Tax Convention, organized jointly by OECD and IFA, has become a much-appreciated regular feature of IFA Congresses. The present publication gives an account of the papers delivered and the discussions held in the context of this seminar at IFA's Congress in Geneva in September 1996. The first and foremost part of the seminar was constituted as usual by reports delivered by Mr Owens and Mr Luthi on current and upcoming work of the Committee on Fiscal Affairs and in particular, its Working Party No. 1, which is in charge of the Model Convention. For the subsequent panel two subjects regarding interpretation of that Convention were selected, one under its article 14, the other under its article 7.