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Books > Law > Laws of other jurisdictions & general law > Financial, taxation, commercial, industrial law > Financial law > Taxation law
This book brings together the work of scholars from England, France, Germany, Sweden, and the United States to examine the ways in which industrialized nations have used and are developing tax laws to help alleviate environmental problems. For each country, the contributors offer a thorough review of existing and proposed initiatives and an in-depth evaluation of their effectiveness. They also discuss the theoretical framework behind environmental tax initiatives, explain alternative systems to taxation, reveal problems in dealing with environmental concerns that are common to all of the countries studied, and suggest ways to more efficiently coordinate tax and environmental policies. Based on their research, the contributors conclude that the general tax systems of the United States and other countries unintentionally conflict with environmental policies and that no country has yet been able to adequately control automobile pollution, although some have had varying degrees of success in other areas. The volume begins with an introduction that presents a nontechnical discussion of the current economic thinking on environmental taxes and alternatives such as direct government regulation and granting polluters limited or tradable rights to pollute. The following chapters discuss each country in turn. Each chapter first examines the institutional framework of the country--central versus regional government, how legislation is enacted and executed, the distribution of authority over environmental matters, and important environmental policy goals. Next, the compatability of the tax system with environmental goals is analyzed. Finally, there is a thorough treatment of that country's environmental tax initiatives, including an in-depth assessment of their relative success or failure. Policymakers, lobbyists, economists, and attorneys will find Taxation for Environmental Protection enlightening reading.
Where there's trade, there's taxation. And more often than not these days, that means United States taxation. This book clearly explains basic structural features and accounting issues, corporate and partnership taxation, and the rules governing international transactions, both inbound and outbound. It provides concise answers to such questions as: what is the US tax treatment of mergers and acqusitions?; how are joint ventures and other hybrid entities taxed in the United States?; how does the US foreign tax credit work?; what are the most tax-beneficial ways to form a business in the United States?; and how can special profit and loss allocations under US partnership law be used in international transactions? It helps to provide a clear "picture" of the US tax system, yet the book is also of great value as a quick reference when a US tax problem needs to be solved.
The author provides a commentary on 27 leading tax cases from the European Court of Justice, from Avoir fiscal (1986) to Hoechst and Metallgesellschaft (2001). He delineates the legal framework built by these cases, and the repercussions on national, community, and international tax law and practice. However is the author's proposed EC Model Tax Convention. This Model combines existing provisions of international tax law, as embodied in the OECD Model, with the principles of community tax law as enunciated by the European Court of Justice, and at the same time converts the body of recent scholarship into viable action programmes. The EU Commission supports this solution to the conflict between tax treaties and EC law. This volume includes such a model.
This volume examines the tax systems of some twenty countries to determine whether their tax laws are used to support growth and development across borders in lower-income and poor countries. Given the critical economic development needs of poorer countries and the importance of stability in these regions to the security of populations throughout the world, the use of a country's tax laws to support investment in the developing world gains crucial significance. This book explores whether international standards promoting the fundamental values of the major tax systems of the world accommodate incentives for these nations. In addition, it analyzes the way in which adoption of principles by higher income nations to protect their own revenue bases has a spill-over effect, impairing the ability of developing countries to sustain their economies. Following an introduction that synthesizes worldwide trends, the volume contains separate chapters for a variety of countries detailing the underlying goals and values of each system and the way in which the decision to employ (or not employ) incentives accommodates those ends. The chapters include reports for: Australia, Belgium, Brazil, Croatia, Czech Republic, France, Hong Kong, Israel, Italy, Japan, the Maldives, the Netherlands, Poland, Portugal, South Africa, Uganda, United Kingdom, United States, and Venezuela. The volume memorializes the work of the General Reporter and National Reporters at the Taxation and Development session of the 19th Congress of the International Academy of Comparative Law held in July, 2014, in Vienna, Austria.
This liber amicorum honours Professor Leif Muten on the occasion of his 70th birthday. The representation in this volume of 27 well-known authors from all over the world is testimony to the important role of Leif Muten in the international tax community. His scholarly interests are well represented among the contributions, which cover a wide range of issues in law and economics. Key issues examined include international tax problems such as the permanent establishment concept in electronic commerce, multilateral tax treaties, international tax avoidance and limitation of treaty benefits. Certain contributions focus specifically on EC tax matters, such as the implications for income taxation of restrictions on free movement and the principle of non-discrimination, and the problem of tax harmonisation in the context of monetary union. The discussion of basic income tax issues ranges from equity in taxation to corporate income tax issues, while economists on the panel explore ideas such as definitions of tax and charge, the utopia of neutral taxation, and the relationship between income taxation and inflation. In addition, as an appropriate reflection of the many years Professor Muten has served the International Monetary Fund, there are articles on comparative tax law issues and on countries in transition. The scope of the collected essays and the calibre of the contributors make the book a fitting tribute to the work of Professor Muten, and render the book of great interest to anyone interested in theoretical and practical tax problems.
No government can be sustained without the ability to tax its citizens. Democratic societies typically guarantee, in varying forms and degrees, a basic set of taxpayer rights. These rights are essential in establishing an effective and reasonable taxation process.Author Duncan Bentley's work argues that it is timely and beneficial to articulate a Model of taxpayers' rights as a guide to best practice in tax administration. It first finds a rationale for a Model in legal and rights theory and concludes that a Model is necessary, timely and a realistic option in the context of current developments in tax administration. Next, it articulates the principles that should underlie any Model. These are drawn from traditional analysis of tax systems and refined to provide a standard approach and interpretation. It is noted that the content of any Model will be determined in part by the approach taken to its interpretation.A classification of taxpayers' rights in the context of the type of enforcement underlying the rights provides the basis for a detailed analysis of enforcement mechanisms. The analysis is conducted in the light of recent developments in the application of constitutional law and alternative dispute resolution theory. The lion's share of this work comprises a detailed analysis and articulation of the primary and secondary legal and administrative rights that should be available to taxpayers in conjunction with a comprehensive framework of principles of good governance and good practice. A wide-ranging comparative analysis and synthesis of the substantial available literature in both law and other disciplines provides support for the articulation of a Model of taxpayers' rights. The Model is appropriate for use as a guide to best practice in tax administration.Professor Bentley's book effectively tackles a host of important issues such as: the theory and framework of taxpayers' rights to provide support and reassurance for particular approaches to tax administration design; the updated principles for analysis of any tax system; the classification of taxpayers' rights so that they can understand why much tax administration and procedure operates in the way it does; the design of legislative mechanisms to assist in the design and drafting of tax administration; and the design and implementation of dispute resolution systems in tax administration. It also tackles issue such as: specific detail on the powers and duties of tax administrators and how they should be exercised; the design and implementation of taxpayers' charters and other guidelines on taxpayers' rights; specific detail on the rules and procedures in tax administration, relating in any way to taxpayers' rights, and how they should be applied; and, clear and articulated standard of best practice in tax administration and governance for quality assurance purposes.In sum, this work will address a number of important issues faced by international tax professionals - including government officials, academics, and practitioners - in a way that's both instructive and constructive.
International tax practice demands a constantly renewed understanding of tax treaty provisions and how they are applied. Practitioners working with Western European taxation must master the further complexity introduced by the interplay between Community law and national law, especially as it affects the administration of tax law in the various countries. This text is a detailed survey of tax treaty interpretation in the 15 EU states plus Norway. Presented as 16 national reports by authorities from each country, the analysis provided is the result of a conference sponsored by the European Commission and held in Rust, Austria, in January 2001. Each report gives an organized, in-depth summation of the discussion as it related to the country in question, amalgamating the research and commentary brought to the conference by sixty experts in all. "Tax Treaty Interpretation" builds on the 1993 analysis of Klaus Vogel and Rainer Prokisch for the International Fiscal Association (IFA), and takes full account of such developments as the following: court decisions since 1993; the OECD report on partnerships; changes in administrative practice at the national level; and recent Community law affecting taxation and tax practice.
Increasing globalization and the related cross-border flows of capital resources has only increased interest in the taxation of transnational capital gains among practitioners and scholars. This is particularly true as it relates to investments in immovable property. As a consequence, Article 13 of the OECD Model Convention - covering capital gains - has emerged as one of the document's key provisions. Despite this, international tax literature has devoted little attention to the systematic analysis of capital gains in relation to tax treaties. Stefano Simontacchi's thorough and thoughtful examination of the ramifications of Article 13 addresses this "need to know" in a meaningful - and readily actionable - fashion. Based on in-depth historical research, the book pays particular attention to the definition of capital gains falling within the scope of Article 13. It also thoroughly analyses the treaty regime applicable to gains derived from the alienation of both immovable property and shares of immovable property companies. International tax professionals will quickly recognize Stefano Simontacchi's book as an indispensable and highly accessible guide to an area of practice that continues to grow in scope and importance.
The survey underpinning this invaluable work was inspired by an increasing appreciation within the EU of the need to achieve some degree of direct tax harmony. The essential starting point for such an undertaking is a set of standardized rules for the computation of EU-wide income. Company law developments point to the International Accounting Standards (IAS) / International Financial Reporting Standards (IFRS) financial statements as a basis from which to work. IFRS are now required for published group accounts and are allowed for single-company financial statements. However, as explained in the text, there are serious drawbacks to basing any form of national taxation on IFRS as they stand. IFRS are not designed with tax policy objectives in mind and change too frequently to satisfy any claim to tax legal certainty. Public debate is hampered by a general lack of knowledge of tax accounting customs in other countries, especially as reliable works are often only available in the local language. This comprehensive survey conducted by the universities of Goettingen, Mannheim, and Erlangen-Nuremberg with the support of PricewaterhouseCoopers fills that gap. For the first time, details of the tax computations for corporations from all twenty-five member states of the EU have been collated in a common format and are compared with the IFRS treatment. The book is an invaluable reference work providing the practitioner with a broad range of information on the tax accounting rules in all EU countries. The reader seeking a general impression of the scope of the problem will quickly see the amount of adjustment needed if IFRS is taken as a starting point for designing a set of common tax accounting rules. The reader seeking a basis for taking an active part in the public debate will find a wealth of detail in the Appendices showing exactly how each country computes taxable income and grants tax incentives. The work, unrivalled in the literature, addresses a major knowledge deficit; its tabular form presentation allows exact comparison between all EU countries as well as between the present rules of any one country and the IFRS requirements.
The corporate-tax policy of the European Commission has proved one of the major failures in the history of the European Community. Despite efforts by the Commission throughout the 30 years of its existence, and pressure from the business community, little progress has been made in harmonizing corporate taxation in the EU; the Commission's proposals have almost always been turned down at the Council level. Yet harmonization is a crucial step in establishing a common market in Europe. This examination of the efforts of the European Commission to achieve harmonization bases its analysis on the study of theoretical economic models of corporate-tax systems which meet the requirements of a common market and avoid economic inefficiencies, and on an examination of the US federal tax system. Through the examination of theoretical models as well as practical examples, the author studies why repeated attempts at harmonization have failed and concludes that they must take into account not only economic aspects, but also political and legal factors. Harmonization of corporate taxation is not only a legislative exercise; other institutions, such as the EC Court, have an important role to play in the harmonization process, as the US federal experience suggests. The book concludes with a model for corporate-tax harmonization which takes into account both economic theory and the realities of the political and legal process.
The American cigarette industry is again facing enormous pressure from various groups whose goal is a smoke free society. What differentiates this present wave from the previous two waves of regulation faced by the cigarette industry is the severity with which these measures are applied by the state and local government who are enacting anti-smoking laws and regulations and increased excise taxes. Cigarette taxes are a lucrative revenue for the states, which they must ultimately trade-off with their stated goals of deterring smoking. Frequently, in spite of the needs of public health, states find themselves competing with one another for these excise tax revenues and cigarette sales, making them the primary point of challenge for the cigarette industry.
EUCOTAX (European UniversitiesCooperating on TAXes) is a networkof tax institutes currently consisting ofeleven universities: WirtschaftsuniversitatWien in Austria, KatholiekeUniversiteit Leuven in Belgium, Corvinus University of Budapest, Hungary, Universite Paris-I Pantheon-Sorbonne in France, UniversitatOsnabruck in Germany, Libera, UniversitaInternazionale di Studi Socialiin Rome (and Universita degli Studidi Bologna for the research part), in Italy, Fiscaal Instituut Tilburg atTilburg University in the Netherlands, Universidad de Barcelona in Spain, Uppsala University in Sweden, QueenMary and Westfi eld College at theUniversity of London in the UnitedKingdom, and Georgetown University inWashington DC, United States ofAmerica.
The last half of the 20th-century has seen a phenomenal increase in the volume and complexity of international business. Global economy allows multinationals to design their operations in a manner that may significantly reduce their taxes, particularly by taking advantage of tax incentives offered by many countries to attract geographically-mobile capital and activities. Since 1962, 19 countries have enacted specific statutory regimes to counteract the perceived abuse of controlled foreign companies located in tax havens. In three cases to date, controlled foreign company (CFC) legislation has been challenged in legal proceedings on the basis that it contravened a tax treaty. The author presents an in-depth analysis of the potential conflict between CFC legislation and tax treaties. The author also evaluates the potential conflict between the CFC legislation found in European Union countries and the EC Treaty. This comprehensive work should be of interest to international tax advisers.
Taxes are sometimes so fundamental to domestic systems that they are almost impossible to change, as when the tax system is part of a nation's majority religion or is linked to another value deeply rooted in local communities, such as housing or farming. There is a danger in the WTO, a Geneva-based entity, making decisions for people living in distant locations with regard to tax issues related to their local needs and wants. The Saudi Arabian tax system exemplifies the tension between religion, tax and trade, because tax has a role in the country's religion and is an essential part of its laws. Therefore, there is a need for maintaining a delicate balance between local needs and international commitments with respect to taxation. This book aims to show directions in which legal order can be preserved as much as possible from within each country, and yet not imposed upon them, and which will help build a peaceful bridge between local and international factors that are important to shaping the global order.
Undertakings for the Collective Investment of Transferable Securities (UCITS) involve collective investment funds, which are authorized to market their units among countries within the European Union. The objective of the original UCITS directive was to allow for open-ended funds investing in transferable securities to be subject to the same regulation in every Member State. It was hoped that once such legislative uniformity was established throughout Europe, funds authorized in one Member State could be sold to the public in each Member State without further authorization, thereby furthering the EU's goal of a single market for financial services in Europe. Unfortunately, the reality differed somewhat from the expectation. This insightful work examines the taxation of UCITS in Austria, Germany, the Netherlands, and the United Kingdom. It analyzes the tax consequences of the cross-border trade in units of UCITS for unitholders residing in the countries examined. It also features recommendations to remove the tax advantages and disadvantages that occur in cross-border trading.
In return for the outstanding service rendered over many years by Frans Vanistendael, forty-five of the world's notable taxation experts have prepared a festschrift in his honour. As scholar, teacher, advisor, and administrator, Professor Vanistendael (now emeritus) has played a role of great importance in the growth of our knowledge of taxation, and particularly in the development of EC taxation law. Although discussion of the vital issues clustered around European taxation predominate in these thousand pages, many of the essays deal incisively with other areas of the field where Professor Vanistendael has left his mark, such as international tax systems, VAT theory, and cross-border tax arrangements. The authors include scholars, jurists, and leading taxation officials from a number of jurisdictions and international organisations, all of whom share gladly in this incomparable publishing venture. Their offering is a true tribute. In building on the foundations laid by Professor Vanistendael's many insights, these essays manifest the breadth of his scholarship and the depth of his commitment to the advancement of his chosen field. The result is a book that not only offers a stimulating, in-depth and useful insight into the many complexities, intricacies, and critical issues of taxation in today's world, but also opens the way for further elaborations of Frans Vanistendael's signal achievements.
This text offers a systematic survey of the rules and practice with regard to the place of taxable transactions in European VAT. The author first deals with the relevant theories and principles, in particular the avoidance of double taxation or the absence of taxation in the field of VAT and the territoriality, destination, benefit and equality principles. Four subsequent chapters analyze the rules relating to the place of taxable transactions with regard to supply of goods, supply of services, intra-Community acquisitions including simplification measures for triangulation, and importation, respectively. In each case the legislative history of the relevant provision of the Second Directive, the Proposal for the Sixth VAT Directive and the original Sixth VAT Directive are included. The discussion of existing rules is illustrated by practical examples and the case law of the European Court of Justice. The last chapter deals with the "final system" as proposed by the European Commission, providing for a single place of taxation for VAT purposes within the Community.
The eminent legal scholar James Willard Hurst's sociological analysis of the relation between law and private business in relation to society at large Hurst argues that law and business support the same goals of efficiency and humanity, and examines their interrelationship toward that end in terms of ethical issues related to public policy, money supply, the impact of incremental change, inflation and deflation, monopoly and competition, and other economic factors. Based on Hurst's lectures at The University of Wisconsin in April, 1981. James Willard Hurst 1910-1997] is widely recognized as the father of modern American legal history. He taught at University of Wisconsin Law School. A prolific scholar and writer, Hurst's major works include The Growth of American Law: The Law Makers (1950), Law and The Conditions of Freedom in The Nineteenth-century United States (1956), Law and Economic Growth: The Legal History of the Wisconsin Lumber Industry 1835-1916 (1964), Law and Social Process in U.S. History (1960) and Law and Social Order in the United States (1977). CONTENTS Introduction: The Market, the Law, and Challenges of Scarcity Chapter 1 Law and the Constitution of the Market Chapter 2 The Market in Social Context Chapter 3 Bargaining through Law and through Markets Notes Sources Cited Index
This book is a comparative study of the tax systems of Germany and Japan. It is a considerably expanded version of Iizuka's previous monograph, Veritable Bookkeeping Records, which was important enough a contribution to comparative tax studies that it was serialized and published in twenty-six parts over three years ('79-'82) in the Japan Society of Accounting's journal, "Accounting." The present volume includes a good deal of new, revised and updated material not included in the first monograph. Here Iizuka boldly puts forward counterarguments to the opinions of several hundred Japanese, European and North American scholars. One of his chief messages is that Japan needs to look to Germany, to the United States and to other EC nations for guidance in developing fairer accounting principles.
This book focuses on the impact of technology on taxation and deals with the broad effect of technology on diverse taxation systems. It addresses the highly relevant eTax issue and argues that while VAT may not be the ultimate solution with regard to taxing electronic commerce, it can be demonstrated to be the most effective solution to date. The book analyzes the application and the effectiveness of traditional income tax principles in contradistinction to VAT principles. Taking into account rapidly ameliorating technology, the book next assesses the compatibility between electronic commerce and diverse systems of taxation. Using case studies of Amazon.com and Second Life as well as additional practical examples, the book demonstrates the effectiveness of VAT in respect of electronic commerce and ameliorating technology in the incalculable and borderless realm of cyberspace.
Outer space is in constant use. Most obviously, billions of "packets" of information travel through it every day, for the infinitely various purposes of countless people and organizations. Space platforms increasingly provide important research data for businesses, institutions, and governments. Taxation issues are inevitable. In fact, tax planners have for several years been engaged in designing tax incentives to enhance the development of space commerce. A significant focus of this book is an in-depth evaluation of the current US discussion of tax rules designed to stimulate space commerce in 2001. The debate is placed squarely in its complete context of historic developments and constraints, prevailing tax law (in this case the US internal revenue code), and the body of international and national space law that began with the 1967 Space Treaty. Comparative analysis is provided by examination of corresponding schemes evolving in Canada, Japan, Australia, and France. Specific events, developments, issues, and probabilities dealt with in "The Taxation of Space Commerce" include the following: the economic significance of the Challenger launch in 1986; the value of F.J. Turner's classic "frontier" thesis for understanding the "new frontier" of space; the Commercial Space Launch Act of 1984 (US); the role of the US internal revenue code's foreign tax credit; the 1979 Moon Treaty; remote-sensing and nuclear power; the 1998 Inter-Governmental Space Station Agreement; case law, especially Smith v. United States; multinational vs. unilateral taxation schemes; benefits of space commerce for society as a whole; and competitiveness and economic efficiency. As a major contribution to the literature of space law and tax law, this text aims to fill an important need. Beyond that, it is a work which should be of value not only for taxation specialists and communications industry executives and their counsel, but for any enterprise with an eye to the not-too-distant future. |
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