With the globalization of the world's economies, the elimination of barriers to mobility within trade blocks, and the growth of consolidated multinational businesses, the movement of employees and independent contractors is an obvious feature of modern commercial life. While labour mobility may not yet be as free as capital mobility, the ground is closing. A logical response to the increased mobility of labour would be a gradual convergence of different countries' tax rules applying to expatriates, as nations seek to grapple with the same problem, and a growing harmonization of rules to prevent overlaps and double taxation while closing the lacunae which allow taxpayers to escape taxation completely. As the papers in this volume show, however, the legislatures responsible for drafting tax laws and the tax authorities responsible for administering them are many steps behind commercial developments. Indeed, if anything, the gap is widening. As the papers in this volume examine every aspect of the topic, different, sometimes dramatically different, approaches between jurisdictions are revealed. It is, therefore, to be hoped that governments turn their attention to the problems raised in this volume and explore appropriate paths for unilateral or multilateral resolution of these issues.

One of the developments of the second half of the 20th century has been the formation of economic groupings to foster free trade among sovereign member states. These groupings fall short of being a political union as is the case with a federal state. However, in the area of taxation, there are issues that are common to both economic groupings and federal state with concurrent taxing authorities. The papers in this book were prepared for a panel discussing the subject at the 50th Congress of the International Fiscal Association held in Geneva in September 1996. The panel brought together participants from various parts of the globe. The federal states examined were the United States of America, Australia and Brazil. The European Union was the example of an economic grouping that was not a federal state. The discussions centred on four principles. The first was non-discrimination and the requirement that free trade could only be achieved if the individual member states were prohibited from using local tax measures to inhibit the free flow of goods and services within the zone. The second principle discussed is sometimes referred to as "locational neutrality", which would limit the ability of local taxing authorities to enact taxing measures which, for example, give tax incentives to enterprises of another member state and which result in distortions in the economy. The solution that is often advocated to avoid this result is harmonization of "national coherence". The third principle discussed was the enforcement and collection of taxes. The last principle discussed was the desirability of having the member states of the federal states or economic grouping uniformly bound by international commitments made by the central authority of the federal state or grouping.

This text look at the interaction between accounting, company law and taxation as one of the key issues in corporate regulation. In most legal systems there seem to be, from a more theoretical perspective, rather undeveloped "principles" in this area. This is the case both for statutory provisions and case law. Though the questions are of fundamental importance for the different regulations involved, and are highly complicated, the legal reasoning and debate are very much focused on whether a system is of one kind or another. Either the system has a strong link between accounting and taxation/company law (conformity principle) or it has not.

The US Treasury Department's draft Model Income Tax Convention, published in 1981 (the 1981 Model), was withdrawn as the official US Model in 1992. This monograph contains an article-by-article, paragraph-by-paragraph analysis of the new 1996 US Model Tax Convention. Each paragraph is compared with any corresponding provisions in the 1981 US Tax convention and the 1995 OECD Model Convention. In addition, the technical explanation accompanying the new 1996 US Model is discussed and analyzed. The 1996 US Model not only offers insight into the Treasury's negotiating position with respect to future tax treaties, but also provides insight into Treasury's interpretation of existing treaties that employ language similar to that in the new US Model.

What are the requirements of the new intermediate sanctions law?

What is the definition of an excess benefit transaction?

How will financial penalties be determined?

How will sanctions be applied?

What are the law's expanded reporting and disclosure requirements?

What can nonprofits do to plan for compliance?

These are just some of the questions you may be asking about intermediate sanctions, the most important legislation to impact the nonprofit sector in a generation. This unique guide tackles these crucial issues and more, equipping you with the vital information you need to understand the new rules and work with them effectively.

Written by two of the country's leading authorities on tax-exempt organizations, Intermediate Sanctions reviews the history and background of the act, and systematically examines how this body of law promises to affect the operations of public charities and other tax-exempt organizations. Clear and direct in approach, the book features down-to-earth examples throughout, making it an essential practical resource for lawyers, accountants, managers, and others working in the nonprofit arena.

The question of whether there are internationally recognized anti-avoidance rules that are applied to tax treaties involves two subsidiary questions: whether international law recognizes the concept of abuse of rights, and whether this concept of abuse of rights can be applied to tax treaties. The book then turns to the question of whether provisions included in the tax code that are expressly designed to re-characterize or deal with transactions that are considered to result in unacceptable avoidance of tax under the code can be extended and applied where there is an unacceptable avoidance of tax by virtue of the application of a tax treaty provision.

This seminar focused not only on the technical consideration of secondary aspects but also on the underlying philosophical question: namely, should secondary adjustments be employed at all and, if so, what are the appropriate limitations on their use? While a "corresponding adjustment" may be appropriate in order to avoid double taxation, other secondary adjustments, such as "conforming adjustments" and "reclassification of income" are more problematic. The panellists and audience were asked to consider the implications of secondary adjustments in the context of tax compliance, tax administration, and private contracts. Is it appropriate for the tax administrator to intervene in private transactions to the extent of "deeming" a capital contribution or "deeming" a dividend? Set-offs and corresponding adjustments, as well as about secondary adjustments, such as reclassification of income, are included here. Following the outline are examples and diagrams that explicate the principles explained in the outline, as well as papers prepared by individual panellists.

This is a study of the income tax treatment of fringe benefits. In the first half, a review is given of the theories underlying different fringe benefit income tax rules and the conceptual rules that arise with respect to particular types of benefits. In the second part, a look is taken at the actual rules governing the tax treatment of fringe benefits in the following selected jurisdictions: Argentina, Australia, Austria, Belgium, Brunei, Canada, Denmark, France, Germany, Hong Kong, India, Ireland, Japan, Korea, Luxembourg, Mexico, Netherlands, New Zealand, Norway, Pakistan, Paraguay, Singapore, Spain, Switzerland, and the United Kingdom.

This guide breaks down the type of income to be taxed into the main categories which are treated in different ways under the Treaty. The major areas covered are: pure or passive income, i.e. investment income where the recipient does not earn by the provision of goods or services; income derived from independent activities, such as trading or professional activities by individuals, partnerships and companies; and the activities of sportsmen and entertainers. The book also deals with activities in which an individual is bound more closely to a particular company employer or former employer, thus covering income from employment, directorships or pensions. Each section is cross-referenced to the relevant Treaty articles and three appendices list the forms needed to make claims under the Treaty, and give the text of the Treaty in both English and German. The book should be a useful reference source for tax advisers, professionals and management involved in international structures, tax planning and advice, both in Germany and the UK, and throughout the world.

This survey was initiated by a joint effort of the OECD and the Lincoln Institute of Land Policy, with the support of the International Association of Assessing Officers. The survey has the two-fold purpose of providing a concise introduction to property taxation in 14 countries, as well as presenting a comparative analysis of the major features of property taxes in these diverse jurisdictions.

This volume provides a practical, basic introduction to the tax consequences faced by individuals residing and/or working in a foreign jurisdiction. Written for chief executive officers, directors of human resources, tax advisers and individuals involved in or contemplating an international residence or position, this reference can help lessen the "tax anxiety" of a foreign assignment. The national tax structure of over 30 nations are analyzed to identify planning opportunities, point out possible pitfalls and provide information on what tax liabilities expatriates can expect.

An overview of the fiscal aspects in connection with the increasing economic and monetary integration within the EC. The harmonization of both indirect and direct taxes is discussed in depth while relevant historical developments are also highlighted. Attention is paid to the harmonization process in a number of areas that interface with tax law, in particular, social security law, parts of corporate law and the law on annual statements of accounts.

This volume explains the complexity of the US tax system, often by comparison and contrast with European and other national tax systems. Use of highly technical language is avoided in consideration of those readers for whom English is their second language. Sufficient detail is incorporated to answer most primary questions about what makes the US tax system work. Topics covered include individual and corporate income taxes, partnership taxation, special types of taxpayers (pensions, corporations) and the underlying "unwritten law" of US taxation. Special emphasis is placed on international rules, particularly inbound business, sales and investment. Broad coverage is given to anti-avoidance rules which contribute to the US tax system's complexity. References to the Internal Revenue Code, Treasury Regulations, major rulings and cases are also included.