Judicial Interpretation of Tax Treaties is a detailed, comprehensive analytical guide to the interpretation of tax treaties at the national level. The book focuses on how domestic courts interpret and apply the OECD Commentary to the OECD Model Tax Convention on Income and on Capital. Adopting a global perspective, the book gives a systematic presentation of the main interpretive proposals put forward by the OECD Commentary, and analyses selected cases decided in domestic tax systems in order to assess whether and how such solutions are adopted through national judicial process, and indeed which of these are of most practical value. The book operates on two levels: Firstly it sets out a clear and comprehensive framework of tax treaty law, which will be an important tool for any tax practitioner. Secondly, the book provides crucial guidance on issues of tax treaty law as applied at domestic level, such as investment or business income, dispute resolution and administrative cooperation. Key features: - A detailed and structured introduction to the main issues of tax treaties - Ideal for practitioners requiring a grounding in the functioning of tax treaty law - Concise summaries of the relevant issues, cases, and problems for each discrete chapter - Offers a basic 'globalized' handbook that is missing in the current literature about judicial application of tax treaties. This comprehensive treatment of tax treaty law is a ready reference for tax practitioners, and an essential introduction for non-specialists. The book can also be used as a companion to courses in international taxation.

Local Government Tax and Land Use Policies in the United States is an accessible, non-technical evaluation of the most recent economic thinking on the nexus between local land use and tax policies. In Part I, Helen Ladd provides a comprehensive summary of the extensive literature on the interaction of local land use and tax policies. She explores the theoretical controversies and clarifies issues such as the use of land use regulation as a fiscal tool, the effects of taxes on economic activity and the success of tax policies to promote economic development. In Parts II and III, a group of experts presents new research on important issues such as the impact of growth on tax burdens, metropolitan tax base sharing, the incidence of impact fees and the shift to land value taxation in urban areas. This book raises provocative questions concerning the conventional wisdom in fiscal policy. It will be indispensable for economists and students interested in urban issues and local public finance as well as planners and policymakers.

Elgar Advanced Introductions are stimulating and thoughtful introductions to major fields in the social sciences and law, expertly written by the world s leading scholars.Providing a concise overview of the basic doctrines underlying the UN Convention on Contracts for the International Sale of Goods (CISG), Clayton Gillette explores their ambiguities and thus considers the extent to which uniform international commercial law is possible, as well as appraising the extent to which the doctrines in the UN Convention reflect those that commercial parties would prefer. With its compelling combination of doctrine and theory, this book makes an ideal companion for students and legal scholars alike. Key features include: Concise and compact overview of the CISG Includes contemporary developments Provides a theoretical basis for evaluating international sales law Considers perspectives of economic analysis of law.

There is unrelenting pressure, particularly on taxation authorities in developing and transition countries, to design tax incentives to attract foreign investment. Although experience shows that justification for the use of such incentives can be found only in limited circumstances, policy makers everywhere continue to confer tax benefits on investors in the hopes of achieving various economic objectives. In this widely-researched volume, a leading consultant and academic in the field of international taxation surveys the major forms of FDI tax incentives in theory and in practice. Although it is not intended as a design guide for national taxation authorities, the books scope and depth make it an indispensable source of comparative analysis, showing where efficiency and cost-effectiveness are most likely to lie in a wide range of economic situations. It is particularly valuable in its discussion of the following issues: Avoiding the race to the bottom that comes from excessive tax competition;The elusive distinction in many countries between standard and special tax rates;The perceived benefits of FDI for the various stakeholders;Locational determinants;Risk factors;Distortionary effects;Sectoral competition; andAdministrative monitoring of compliance. Professor Easson draws on numerous actual patterns that arise in various national, supranational, and sectoral contexts, in each instance shedding light on real conflicts and constraints, and clarifying the choices required of investors, taxation authorities, and target enterprises. Tax Incentives for Direct Investment will clearly be of great use to government policymakers, students of international taxation and international business, and those who determine and advise on the policies of multinational corporations and other international investors.

Global warming is a serious threat to the stability of world climate and to economic prosperity in some regions. The book offers a theoretical analysis which focuses on double dividend issues. Moreover, the ecological tax reform in Germany and the options of modern energy policy are described and evaluated. The volume presents innovative model simulations and analyzes, in the context of the model, the benefits of a modified tax reform, based on a Schumpeterian approach. Finally, implications for the European Union and other countries are discussed.

This study of taxation in Latin America takes a novel approach to the subject, using a framework that posits three dimensions for studying taxes-historical, relational, and transnational. The book argues that: first, taxation should be understood as a relational concept and tax systems as a function of a strategic nexus between the state and society; second, that any analysis of tax systems across Latin America needs to take historical legacies of national tax systems into account; and finally, that transnational phenomena have significant implications for tax regime dynamics in Latin America. The essays included provide diverse and representative insights for a new understanding of taxation in Latin America and highlight the bottlenecks to the development of sustainable tax systems in the region, exploring new links between academic research and policy-making.

This book provides a comprehensive analysis of the Organisation for Economic Cooperation and Development's (OECD) war on offshore tax evasion. The authors explain the new emerging regulatory regimes on the global exchange of information to combat offshore tax evasion and analyse why Automatic Exchange of Information (AEOI) is not a "magic bullet" solution. Chapters include coverage of the Foreign Account Tax Compliance Act (FATCA), AEOI and the Common Reporting Standards (CRS), and the unprecedented extra-territorial enforcement by the United States of its tax and reporting laws, including the FBAR provisions of the Bank Secrecy Act. These new legal regimes directly impact nearly all financial institutions and financial service providers in the U.S., U.K., EU, Canada, and each of the 132 member jurisdictions of the OECD's Global Forum, as well as 8 million U.S. expats. In light of The Panama Papers, this book offers a timely and valuable contribution on the prevalence and costs of international tax evasion for the global financial community, policy-makers, and practitioners alike.

Most national taxation regimes afford certain privileges to non-governmental non-profit organizations of public benefit. However, cross-border extension of such privileges has failed to materialize in any significant way, despite various efforts and the existence of model treaty provisions and even draft NGO multilateral tax treaties. Although experts tend to oppose harmonization on the grounds that international privilege would sink to the lowest national level there does seem to be general agreement that tax incentives to encourage the cross-border activity of public benefit organizations should be clarified and augmented. The expert authors whose work is assembled in this book offer rich perspectives on this issue. Their various analyses include the following: detailed discussion of the objections of principle commonly advanced by states; the role of discrimination legislation in strategies to advance cross-border privilege; the continuing failure of political will to achieve changes in this area of taxation; the potential of reciprocal unilateral action; tax treaties and non-tax treaties with tax-related provisions; multilateral initiatives (OECD, UN, EU, Council of Europe, World Bank, regional treaties); and Documentation (International Bureau of Fiscal Documentation). Quite apart from its importance as an in-depth study of a taxation issue of significant social value, The Tax Treatment of NGOs will be of great assistance to NGOs and their supporters and benefactors. It opens the way to more vigorous lobbying power for the NGO community to influence changes in taxation law and policy.

When the Statute for a European Company enters into force in October 2004, companies will have the opportunity to form an EU-wide organisation that will, in many essential areas of activity, be vested with the authority to transcend the company law of Member States. As this moment approaches, company executives and lawyers are asking many questions about the potential advantages and disadvantages of choosing to become part of this "Societas Europeae (SE) that has been on the Community agenda almost from the start. This book has more answers clear when they can be categorically expressed, highly illuminating when dealing with the complex issues that still remain than any other book designed to elucidate this major new development in European law. The Statute will afford companies a far greater degree of flexibility and mobility throughout Member States than they have heretofore enjoyed. The authors of this book detail the various forms of incorporation allowed by the Statute, as well as the regulations governing share capital, transfer of registered offices, and company organs and their members. The in-depth analysis of the SE regime goes on to examine the areas in which Member State procedures will remain predominant, such as registration, publication, legal scrutiny, accounting and auditing, winding up, insolvency, and liquidation. The vexed issue of employee involvement is explored in a separate chapter. The book devotes six of its thirteen chapters to the most obvious business element on which the SE is silent the crucial issue of taxation. Extrapolating from a detailed examination of the European tax directives and related conventions and proposals, the authors convincinglydemonstrate that the European Company Statute will necessarily expedite the harmonisation of tax laws among the Member States. In their conclusion, they present a framework for a corporate tax system that they believe is compatible with both the European company and national tax laws. The European Company Statute will be of immeasurable value to business persons, lawyers, and academics in a number of relevant fields everywhere, as it deals incisively with important matters affecting any company activity in Europe, whatever its origin. It will prove an incomparable guide to informed and rational decision making concerning European business.

The 20th century will probably be regarded as a watershed in the history of taxation. The first half of the century was characterized by numerous changes to tax theory and practice that alone probably outstripped those of the previous millennium. But these developments are modest when viewed against the barrage of competing theoretical views and technical analyses of tax policy in the century's last five decades, let alone the avalanche of legislation, regulations, rulings and tax commissions that marked, first, the post-war growth of the welfare state and, second, the growing internationalization of world commerce and the ensuing competition for economic advantages. The expert papers in "Tax Conversations" review the principal themes dominating tax debate and tax reform at the end of the century. Together, they seek to explain how these issues have evolved, their current implications, and their possible or probable directions into the next century. The conversations analyze these elements of the tax debate in order to give meaning to their past and to assess the prospects for their futures. The papers in this volume are presented in honour of John G. Head, a scholar whose work has done much to educate tax theorists and those implementing policy, and considered by many to be this generation's leading figure in Australian public finance.

As barriers to international trade and investment are eliminated, taxation becomes an increasingly important consideration in foreign investment decisions. This book describes the many different ways in which national tax rules and international tax principles affect foreign direct investment decisions, and examines their impact on the establishment and operation of foreign-invested projects. The study focuses on tax provisions, in both host and home countries, which have the greatest impact upon foreign direct investment, and looks at the role of tax treaties, the methods of relieving double taxation and of countering tax avoidance. It looks at the application of these rules to specific foreign direct investment situations and examines the impact of taxation upon the establishment and operation of foreign-invested projects. It concludes by examining some of the latest developments in international taxation, such as the growing concern over harmful tax competition, and attempts to suggest how the international tax system, as it affects foreign direct investment, may evolve as the 21st century begins. The book should be a valuable guide to tax practitioners and executives of multinational enterprises, and should be a useful reference work for students of international taxation.

This book provides a concise, practical guide to the European Union's Anti-Tax Avoidance Directive (ATAD). Presenting unique insights into the ATAD's five specific anti-avoidance rules, its chapters explain the background of those rules, the directive's interactions with relevant jurisprudence, and the challenges posed to the ATAD's interpretation and implementation in domestic law. Key features include: critical, article-by-article analysis of the ATAD contextual information on the legislative environment in which the ATAD operates, embedding it in the wider landscape of CJEU jurisprudence insights into the day-to-day application of the ATAD rules in practice contributions from leading academics and practitioners in the field of tax law examples of the challenges to the interpretation and implementation of ATAD, taken from a range of EU Member States. European and international tax advisors, along with policy makers in the field of tax law, will find this book to be a comprehensive yet accessible guide to the ATAD and its correct application. Those who carry out research in European tax law can also benefit from this book's critical approach to the ATAD and the questions that surround anti-tax avoidance legislation in the European Union. Contributors include: D. Gutmann, W. Haslehner, R. Ismer, B. Kuzniacki, K. Pantazatou, L. Parada, I. Richelle, A. Rust, P. Schwarz, K. Spies, B. van Raaij, F. Vanistendael

Provides an overview of state and local taxation, the current and future outlook across the nation, the role of taxes in economic development, and tax administration. Analyzes and compares all types of state and local taxes-income (individual and corporate) sales (retail and wholesale taxes on food, medicine, gas, and electricity), excise and consumption (on motor fuel, tobacco, and alcoholic beverages and on food, lodging, amusements, parimutuels, and lotteries), property (on different types of property), and severance taxes (on timber and minerals). Examines the philosophy behind the different taxes, recent trends, and current and future policy options. Appendices describing policy analysis and evaluation and listing key sources of information about state and local taxes, many statistical exhibits, and selective bibliography further enhance this reference for undergraduate and graduate students, the general public, and for public administrators, economists, and political scientists.

"Tax Planning for Expatriates in China" provides comprehensive, easy-to-follow and practical information on tax planning for expatriates in China. Rules and pertinent issues for general tax planning, taxable income, the basis of tax liability, application of tax treaties and methods to eliminate double taxation for expatriates to China are closely examined, with useful summary tables and sample forms included for easy reference. Recommendations and calculations of tax-efficient expatriate compensation packages in compliance with China individual income tax regulations are also provided, supplemented with illustrative examples. Written by experts, "Tax Planning for Expatriates in China" is an indispensable guide for human resource professionals of multinational companies and foreign investment enterprises and individuals assigned to work in China. This title forms part of the "Asia Business Law Series". "The Asia Business Law Series" is published in cooperation with CCH Asia and provides updated and reliable practical guidelines, legislation and case law, in order to help practitioners, policy makers and scholars understand how business is conducted in the rapidly growing Asian market.

This title focuses on liability for damage to those natural resources that are of interest to the public and are protected by national, European or international law. It provides an overview of the law of the United States and of certain EU member states on the recovery of damages for injury to natural resources. The international civil liability conventions that cover environmental harm and the recently published European Commission's White Paper on environmental liability are also discussed. The on-going development in various international forums of treaties or protocols dealing with liability for environmental damage are analyzed, as are the principles developed by the UNEP Working Group established in response to the 1990 Gulf War to advise the UNCC on claims for damage to natural resources.;The book addresses assessment and valuation issues, the issue of standing in cases of injury to (un)owned natural resources, and the determination of ways to repair, restore and compensate for natural resource injuries and the associated loss of ecological and human services. It also explains why such a difference exists between the US and most European jurisdictions and inter-national liability conventions as to the recovery of damages for injury to natural resources.

Commercial Law The International Academy of Estate and Trust Laws (IAETL) meets each May to spend a week of intensive engagement with issues of direct and immediate concern to estate and trusts lawyers. More than merely an assembly of commentators and interpreters, the IAETL is a prestigious body that affects real change in courts, law reform commissions, and governmental agencies. Its membership - including solicitors, barristers, notaires, judges, and scholars, all experts in trusts, estates, and inheritance law, and/or tax law - highlight the contrasts and comparisons between the pertinent laws of civil and common law jurisdictions. This volume records the May 2002 conference in Rome, which featured four distinct areas of discussion and debate: how trusts in the civilian context (specifically Italy) are subjected to taxation; the delicate balance between inter vivos and postmortem taxation; a lively debate on the nature and rationale of the inheritance tax; and how best to serve the client at the same time as meeting one's ethical obligations. As always, this outstanding annual (the fourth in this series published by Kluwer Law International) continues to offer perspectives that open on ideas in themselves, apart from the demands and responsibilities of knowing and applying the law in busy demanding professional and scholarly environments. For this reason especially it is sure to engage the deep interest of researchers, academics, practitioners, law reform bodies, governmental groups and their advisers working in this complex and varied field of law.

Depending on the goals to be achieved, there are many ways to calculate a company's profits. This is to a great extent due to the different aims of financial and tax accounting. Financial accounting is undergoing a growing influence of IAS/IFRS. IFRS is also exerting a growing influence on tax accounting. This is especially visible in the European development of a Common Consolidated Corporate Tax Base (CCCTB) for multinational corporate entities. Although no formal link exists between IAS/IFRS and CCCTB, IFRS will likely be a strong material influence on various key elements of the CCCTB. Many tax professionals (and Member States) fear the influence of IAS/IFRS on tax accounting mainly given the divergent aims of IAS/IFRS and tax accounting. The introduction of IAS/IFRS will have significant consequences for tax accounting, disclosure and corporate law accounting concepts in individual Member States. Since IAS/IFRS is strongly influenced by the Anglo-American view on accounting, a question arises regarding its potential influence on the various continental disclosure, tax and financial accounting systems. In other words, one can readily envision a confrontation of systems with totally different backgrounds. This insightful work focuses on the consequences of this 'clash of cultures' for tax accounting, disclosure and corporate law accounting concepts.

Si usted es una de las personas que recibi una noticia del IRS o est bajo el escrutinio de una auditoria, este libro tiene la posibilidad de ayudarlo y darle un poco de orientaci n en ese penoso proceso. Esta escrito con el fin de leerlo desde la primera hasta la ltima p gina de una manera sencilla para que se pueda entender sin mayores complicaciones. Es adem s y, por as decirlo, un pionero en este tema en el idioma espa ol, debido a que es el primer libro en espa ol que se escribe, publica y vende en referencia a tema de auditor as de los impuestos en los Estados Unidos de Am rica. Despu s de leerlo usted podr tener una idea m s concreta y correcta de lo que es una auditoria m s all del conocimiento com n, adem s le da la posibilidad de conocer sus deberes, obligaciones y derechos en cuanto a impuestos se refiere. Todos los contribuyentes tienen diferentes puntos de vista e intereses en lo que a impuestos se refiere, por esa raz n este libro est escrito de una manera f cil de entender. Mas sin embargo las leyes y regulaciones de los impuestos est n escritas en miles y miles de p ginas, las cuales reposan en la biblioteca del congreso de los Estados Unidos, lo que indica que para entender bien lo que son los impuestos, sus leyes y regulaciones, se necesitar a leer m s que un libro. No es inusual que sea durante una auditoria cuando la gente se interesa en contactar a un contador, un agente registrado, un preparador profesional o un abogado, incluso en buscar e investigar en libros, etc., Por qu esperar a ser auditado para saber y conocer sobre este tema?