This volume presents a new approach to today's tax controversies, reflecting that debates about taxation often turn on the differing worldviews of the debate participants. For instance, a central tension in academic tax literature - which is filtering into everyday discussions of tax law - exists between 'mainstream' and 'critical' tax theorists. This tension results from a clash of perspectives: Is taxation primarily a matter of social science or of social justice? Should tax policy debates be grounded in economics or in critical race, feminist, queer, and other outsider perspectives? To capture and interrogate what often seems like a chasm between the different sides of tax debates, this collection comprises a series of pairs of essays. Each pair approaches a single area of controversy from two different perspectives - with one essay usually taking a 'mainstream' perspective and the other a 'critical' perspective. In writing their contributions, the authors read and incorporated reactions to each other's essays and paid specific attention to the influence of perspective on both the area of controversy and their contribution to the debate. With contributions from leading mainstream and critical tax scholars, this volume takes the first step toward bridging the gap between these differing perspectives on tax law and policy.

Scholarly research on taxation is increasingly preoccupied with its global implications. This volume collects the most important and influential recent research on international aspects of taxation. The book offers empirical estimates of the effects of taxation on foreign direct investment, international borrowing, and other forms of tax avoidance. It further focuses on classic studies of tax competition and the latest research on the characteristics of desirable tax policies in open economies. This authoritative collection of articles offers a comprehensive survey of international tax issues, one that is accessible to newcomers to the field but is also of considerable value to seasoned tax professionals.

These are the papers from the 8th Cambridge Tax Law History Conference held in July 2016. In the usual manner, these papers have been selected from an oversupply of proposals for their interest and relevance, and scrutinised and edited to the highest standard for inclusion in this prestigious series. The papers fall within five basic themes: Two papers focus on tax theory; one on John Locke and another on the impact of English tax literature in the Netherlands in the nineteenth century. Five deal with the history of UK specific interpretational issues in varying contexts - an ancient exemption, insurance companies, special contribution, the profits tax GAAR and capital gains tax. Two more papers consider aspects of HMRC operations. Another three focus on facets of international taxation, including treaties between the UK and European countries, treaties between the UK and developing countries and the UN model tax treaties of 1928. The book also incorporates a range of interesting topics from other countries, including the introduction of income tax in Ireland and in Chile, post-war income taxation in Australia, early interpretation of 'income' in New Zealand and a discussion of some early indirect taxes in India and China.

This book on the history of tax law presents the papers delivered at the third Tax Law History Conference in 2006, organized by the Centre for Tax Law in the Law Faculty at Cambridge University. The papers deal with a range of topics, and though the breadth of topics is broad, it is not devoid of pattern. The majority of the papers deal with themes connected with continental Europe, law and empire, international law, and the problems of progression and the tax system. As a whole, the papers by leading tax scholars from all over the world once again illustrate a wide variety and depth of learning on tax history, and highlight the important issues waiting to be investigated in this rapidly growing field of scholarship.

Invaluable guidance on the most important legal issues facing nonprofits today Internet communication is the lifeblood of countless nonprofit organizations, yet there exists no specific law to provide for its regulation. Without solid legal guidance, nonprofits risk not only missing out on the unlimited opportunities that the Internet has to offer, but also jeopardizing their tax-exempt status. The Nonprofits' Guide to Internet Communications Law analyzes and explains the laws applicable to Internet communications by nonprofit organizations. Nonprofit law expert Bruce Hopkins writes that with Congress and government agencies reluctant to create new law, it will ultimately be up to the courts to determine the future of Internet law affecting nonprofit organizations. Extrapolating from the underlying principles of existing law, Hopkins addresses the legal ramifications of Internet business activities, charitable-giving administration, fundraising programs, lobbying, political campaign activities, and more. The Nonprofits' Guide to Internet Communications Law proves an unparalleled resource for this emerging field.

This book provides a comprehensive and systematic overview of the main topics of taxation in European law. The sequence of arguments follows an institutional logic, respecting the academic tradition of tax law. It first outlines the general framework of EU institutions, with a particular focus on the set of regulations regarding taxation with reference to the stage of formation of EU rules and the potential contrast with national legal systems. It then explores the general principles emerging from the European treaties that typically involve the taxation system, and examines in detail the fiscal importance of European freedoms, the principle of tax non-discrimination, the balance between national interest and EU values, tax harmonization, state aids and other general principles applicable in tax jurisdiction. Lastly, it offers an overall assessment of the development of the European integration process, with particular regard to the nexus between taxation power and sovereignty, in order to highlight the possible and desirable next stages of the evolution of "European tax law".

Historic preservation is an issue of growing importance and public commitment. Federal and state mechanisms have been established to identify and support historic buildings/sites, while local governments have been active in supporting and protecting historic resources. Communities across the country have established designation programs whereby individual buildings or districts of historical-architectural significance are accorded landmark status.

Designation activity has been accompanied by growing interest in other local incentives/disincentives to the support of historic buildings. In this regard, the property tax is viewed as either a possible powerful drawback to or a catalyst of preservation. This study examines the relationship between historic preservation and the property tax, focusing on the question of how designated buildings should be assessed for real taxation purposes.

Listokin focuses on New York City in considering the effects of historic status on property value and in evaluating assessment practices. But this book's findings are transferrable to other communities because the base conditions are similar. Many other cities have designation programs modeled on New York City's. In addition, New York's property-tax system and administrative processes resemble those found in communities across the nation. To enhance the transferability of this study's findings, Listokin refers to the national experience and literature, typically on a side-by-side basis with the New York City counterpart.

This work contains the full text of the papers presented at the fourth Tax Law History Conference in July 2008. The Conference was organised by the Cambridge Law Faculty's Centre for Tax Law. The matters discussed are broad and include the extent to which charges levied by the Court of Wards were seen as taxes, the seventeenth century poll tax, traders, the excise and the in early nineteenth century England and the right of the Crown's right to elect between different heads of charge to income tax. There are also chapters on taxation in the reign of King John and Stamp Duties in the 18th Century. International tax matters include a history of company residence and a paper on the first UK-Australia Double Tax Agreement. Papers concentrating on other countries include papers on the history of income tax in Malta (1641-1949), the history of land tax in Australia, the history of the legal definition of charity and its application to tax law and a paper on the psychology of taxation as shown by the 1936 US Election.

Time itself creates advantages and disadvantages in the field of taxation. The timing of the recognition of income and expenses for tax purposes has two main implications: firstly, for the timing of the collection of tax, and secondly, for the question of quantification, i.e., how to ensure that the difference between the timing of the recognition of income or expenses, as opposed to the respective dates on which the amounts are actually received or paid, does not distort the determination of the amount of chargeable income. The time component is a weapon in the confrontation between the opposing motivations of the taxpayers and the tax authorities. In any given fiscal year, taxpayers seek to present a minimal picture of their chargeable income, by "deferring" the recognition of income or "advancing" the recognition of expenses. As opposed to this, the tax authorities adopt the opposite strategy: maximizing taxable "profit" in any given year. This book critically examines the various approaches that have been adopted in the tax systems in the UK, the US and Israel in relation to the timing of income recognition and expenses for tax purposes. It suggests an innovative tax model that identifies the advantages that arise to the taxpayer as a result of the differences between the timing of the recognition of income and expenses, and the timing of the receipt of the revenue or the payment of a liability, and taxes only that advantage.

This collection of essays is dedicated to Brian Harvey,the retired Professor of Property Law at the University of Birmingham. The contributions reflect his eclectic interests and bring new insights to issues of property law, both real and personal, consumer protection, auction sales and tax. Historical, human rights, public law, European Community and international aspects are addressed in addition to persistent domestic conveyancing concerns. Contributors: Peter Cook, David Feldman, Jonathan Harris, Tim Kaye, Jeremy McBride, Frank Meisel, Norman Palmer, Deborah Parry, David Salter, Carla Shapreau, John Stevens, Mark Thompson, Nick Wikeley and John Wylie.

An essential resource for lawyers, accountants, consultants, board members, and leaders involved with charitable organizations In The Tax Law of Charitable Giving: 2022 Cumulative Supplement, 6th Edition, renowned legal professional Bruce R. Hopkins delivers an indispensable and timely update to the rapidly evolving law governing charitable giving in the United States. Filled with relevant and impactful regulatory and legislative amendments, as well as the latest significant developments in American case law, the Supplement is an essential resource for business leaders involved in charitable organizations and the accountants, lawyers, and consultants who advise them.

Our tax system is a mess. And the reason for that mess is, our tax system is incoherent. A well-designed tax system is like a good jigsaw puzzle: all the pieces fit together snugly, so when the whole thing is fully assembled, it forms a coherent picture. But our current tax system is disjointed, with parts that don't logically fit together. That results in inconsistencies, complexity, loopholes, and distorted incentives. We need a tax system that make sense. As this book shows however, making a traditional income tax coherent is an impossible goal. But coherence is achievable if we adjust our target, and complete the switch to a consumed-income tax -- a system that taxes all income, not when it is earned, but when that income is consumed. The move towards a consumed-income tax was begun decades ago, when we first adopted IRAs and other tax-deferred savings accounts. We just needed to complete the evolution. The book explores a variety of tax issues -- among them savings, small businesses, owner-occupied houses, and corporations -- and develops seven groups of recommended changes. These changes would result in a tax system that would be pro-growth, by eliminating the existing disincentives to saving and investment. But the tax system would also remain progressive, with the wealthy taxed as much as and perhaps even more than currently. That combination could make the recommended changes attractive to members of both parties, and might bring to a close the political seesaw in tax policy that we've experienced over that last several decades.

This book, the first unbiased investigation of the effects of extraterritorial antitrust on U.S. business abroad, examines the influence of the Sherman Antitrust Act on the market-entry strategy of U.S. multinational corporations and assesses the interaction of public interest and the law.

This book provides a detailed and extensive survey of EC tax legislation and case law. Accordingly, it deals at some length with the legislation and case law on VAT (which is almost completely harmonized at the EC level) and excise duties. It also covers the recent legislation on company taxation, concentrating in particular on the Parent-Subsidiary Directive. A distinctive feature of the book is the detailed analysis of the legislation and its interpretation by the European Court. The book also contains an analysis of the impact of the tax sphere of the provisions of the EC Treaty, including Article 95 on the prohibition of fiscal discrimination against EC goods and the treaty articles on the free movement of persons, services, and capital. With the generalist lawyer in mind, the book contains an introduction to VAT and to the basic principles of company taxation. Since the focus of the book is EC and the language of the international tax world is English, the book should have an appeal for tax and EC lawyers throughout the EC, including the new entrant states.

Time itself creates advantages and disadvantages in the field of taxation. The timing of the recognition of income and expenses for tax purposes has two main implications: firstly, for the timing of the collection of tax, and secondly, for the question of quantification, i.e., how to ensure that the difference between the timing of the recognition of income or expenses, as opposed to the respective dates on which the amounts are actually received or paid, does not distort the determination of the amount of chargeable income.

The time component is a weapon in the confrontation between the opposing motivations of the taxpayers and the tax authorities. In any given fiscal year, taxpayers seek to present a minimal picture of their chargeable income, by "deferring" the recognition of income or "advancing" the recognition of expenses. As opposed to this, the tax authorities adopt the opposite strategy: maximizing taxable "profit" in any given year.

This book critically examines the various approaches that have been adopted in the tax systems in the UK, the US and Israel in relation to the timing of income recognition and expenses for tax purposes. It suggests an innovative tax model that identifies the advantages that arise to the taxpayer as a result of the differences between the timing of the recognition of income and expenses, and the timing of the receipt of the revenue or the payment of a liability, and taxes only that advantage.

The emergence of the terms 'pink tax' and 'tampon tax' in everyday language suggests that women, who already suffer from an economic disadvantage due to the gender wage gap, are put in an even more detrimental position by means of 'discriminatory consumption taxes'. This book is the first conducting a legal analysis to establish to what extent this public perception is accurate. Does the practice of 'pink tax' effectively amount to a tax in the legal sense? Does the so-called 'tampon tax' genuinely constitute an anomaly within the general consumption tax system? Most importantly, can these two 'taxes' be legally qualified as discriminatory? This book provides scientific answers to these questions. It first cuts through the existent information clutter by elucidating the pertinent economic, sociological and psychological components of the practices referred to as 'pink tax' and 'tampon tax'. It then proceeds with a thorough legal analysis of all relevant aspects to determine whether women are indeed subject to discriminatory consumption taxes. It is well-established that women earn less than men. This book investigates if they simultaneously pay more due to 'discriminatory consumption taxes'.

The doctrine of sham is one that pervades the common law. This book will be the first cross-disciplinary analysis of all aspects of the sham doctrine, from its history and development to its varied practical applications. For practitioners used to working in only one area of sham, this volume allows a broader appreciation of the doctrine as it is applied in diverse legal areas, such as tenancy law, trusts, employment law and tax. These several areas are expounded by experts in their field, including both leading practitioners and distinguished scholars. Each contribution considers how key themes apply in each field, such as how the doctrine of sham is related to deceit or fraud, why the doctrine has been found to be useful and how it relates to other principles of statutory interpretation. This wide-ranging work is brought together, not only by these key themes, but by the comparative analysis of the editors, making this a substantial contribution to the understanding of the common law doctrine of sham.

This collection of essays on green fiscal reform offers very rewarding readings for those who wish to improve their understanding of the intricacies of trade globalization, climate change and pricing mechanisms for the environment. The contributing authors are truly global in their coverage, reporting on findings and reflections from around the world. Highly commendable are the insights on carbon pricing in China and the country's rare earth dispute in WTO.' - Mikael Skou Andersen, Aarhus University, Denmark'This volume of the Critical Issues in Environmental Taxation series includes a remarkable collection of papers written by scholars from different academic backgrounds, discussing theoretical and practical aspects of environmental taxes and other economic instruments, such as emission trading schemes. The book is very relevant as it provides a fascinating overview of their world-wide application and is a highly valuable contribution to the existing literature, revealing that environmental taxes continue to be applied during times of financial and economic crisis.' - Stefan Ulrich Speck, European Environment Agency 'Environmental Taxation and Green Fiscal Reform contains a rich selection of chapters that discuss different economic instruments used for environmental policy in a broad range of countries. The topics range from theoretical discussions of the definitions of such instruments to ex post assessments of their implementation. The book is an important source of information and is likely to trigger interesting debates.' - Nils Axel Braathen, OECD s Environment Directorate Against a backdrop of intense political interest it is more important than ever to explore the role of fiscal policy in achieving environmental sustainability. Environmental Taxation and Green Fiscal Reform skillfully explores the various ranges of environmental and energy policies needed for an environmentally sustainable future. The book combines perspectives from leading environmental taxation scholars on both the theory and impact of different policies. It covers topics such as theoretical assumptions of environmental taxes; the relationship between environmental taxes and trade; permit trading and price stability, as well as waste management and the political economy. With its global coverage, this topical book will appeal to policy makers in government as well as academics in environmental law programs, environmental economics programs and environmental sustainability programs. Contributors: A.A. Alvaro, C. Brandimarte, B. Butcher, J. Cottrell, Y. He, S.-A. Joseph, T. Kawakatsu, C. Kettner, S. Kitagawa, D. Kletzan-Slamanig, A. Koeppl, A. Lerch, X. Liu, J.E. Milne, M. Moinuddin, P. Pearce, A. Pirlot, S. Rudolph, T. Sasao, R.V. Shah, S. Suk, S.L. Tan, D.J. Thampapillai, M. Villar Ezcurra, S.E. Weishaar, T. Yano, Y. Zhao, X. Zhou,

This book, first published in 1991, explores the complexities of the relationship between acts of Congress and nine major US corporations regarding employer-sponsored retirement plans. The study was designed to discover if and why corporate decision makers respond to the Congress tax incentives or the disincentives that affect the design of corporate income security plans for retirees.

This original and timely volume provides unique insights and analysis on the pressing question of how to achieve environmental sustainability while fostering economic growth. The emphasis of the book lies in finding critical solutions to global climate change including chapters on environmental fiscal reform and unemployment in Spain, EU structural and cohesion policy and sustainable development, ecological tax reform in Europe and Asia, Australia's carbon pricing mechanism, and many other timely topics. This insightful volume will appeal to policymakers in government as well as academics and students in environmental law, environmental economics and environmental sustainability. Contributors: E. de Lemos Pinto Aydos, B. Bahn-Walkowiak, C.M. Black, B. Butcher, A.F. Carbo Lugo, F. Carraro, J. Cottrell, M. Escapa, C. Ge, M. Gonzalez-Eguino, J.I. Gorospe-Oviedo, F. Habermacher, Y. Ito, L. Kreiser, T.-Y. Lee, C. Lenz, A. Lerch, X. Li, X. Liu, A. Majocchi, A. Markandya, A.I. Mateos-Ansotegui, E. Meyer, D.C. Perez Bustamante, Y. Ren, S. Rudolph, P. Schepelmann, H. Sprohge, K. Sudo, S. Suk, R. Tavallali, A. Usubiaga, B. Volmert, J. Wang, M. Xue, A. Yabar Sterling, A. Zatti

This engaging and accessible book is a must-read for every taxpayer, young and old. It explores the many forms of taxation; how taxes are created, collected, and spent; and why certain aspects of taxation are so controversial. "In this world, nothing can be said to be certain, except death and taxes." Benjamin Franklin wrote this now-famous quote more than 200 years ago, and taxation remains just as important (and inevitable) today as then. Taxes are a fact of life for almost everyone, and the public goods and services they pay for are enjoyed by all citizens. While taxes are undeniably necessary, the specifics of what should be taxed, who should pay taxes, and at what rate remain hotly debated by economists, government officials, and regular citizens. The first in Greenwood's new Student Guides to Business and Economics series, Taxation gives readers an in-depth yet reader-friendly look at one of economics' foundational concepts. Using simple language and relevant real-world examples, the book explores the different forms of taxation, the necessary components of any tax, how taxes are created and collected, and much more. It also highlights contemporary controversies related to taxation, including whether or not "sin taxes" actually discourage unwanted behaviors like smoking and how best to simplify the tax filing process. Provides a concise and easy-to-read overview of a broad and foundational topic in economics Demonstrates to readers why taxes are important and helps them better understand how tax revenue is spent for the public good Includes a Questions for Further Discussion section designed to stimulate classroom discussion and encour-age critical thinking Offers an at-a-glance chronology of events related to the history of taxation, allowing readers to trace the evo-lution of ideas and practices related to taxation through history

The #1 construction law guide for construction professionals Updated and expanded to reflect the most recent changes in construction law, this practical guide teaches readersthe difficult theories, principles, and established rules that regulate the construction business. It addresses the practical steps required to avoid and mitigate risks--whether the project is performed domestically or internationally, or whether it uses a traditional design-bid-build delivery system or one of the many alternative project delivery systems. Smith, Currie & Hancock's Common Sense Construction Law: A Practical Guide for the Construction Professional provides a comprehensive introduction to the important legal topics and questions affecting the construction industry today. This latest edition features: all-new coverage of Electronically Stored Information (ESI) and Integrated Project Delivery (IPD); extended information on the civil False Claims Act; and fully updated references to current AIA, ConsensusDocs, DBIA, and EJDC contract documents. Chapters coverthe legal context of construction; interpreting a contract; public-private partnerships (P3); design-build and EPC; and international construction contracts. Other topics include: management techniques to limit risks and avoid disputes; proving costs and damages, including for changes and claims for delay and disruption; construction insurance, including general liability, builders risk, professional liability, OCIP, CCIP, and OPPI; bankruptcy; federal government construction contracting; and more. Fully updated with comprehensive coverage of the significant legal topics and questions that affect the construction industry Discusses new project delivery methods including Public-Private Partnerships (P3) and Integrated Project Delivery (IPD) Presents new coverage of digital tools and processes including Electronically Stored Information (ESI) Provides extended and updated coverage of the civil False Claims Act as it relates to government construction contracting Filled with checklists, sample forms, and summary "Points to Remember" for each chapter, Smith, Currie & Hancock's Common Sense Construction Law: A Practical Guide for the Construction Professional, Sixth Edition is the perfect resource for construction firm managers, contractors, subcontractors, architects and engineers. It will also greatly benefit students in construction management, civil engineering, and architecture.

This study explores the formation of the European Union's tax policy and asks why member states did not raise objections to it. Firstly, it examines the "Europeanization" of domestic tax policy in Italy and the UK, asking how domestic policy has changed and what is meant by "Europeanization". Secondly it puts the European Union tax policy in the wider context of tax globalization. Will the liberalization of capital movement, tax havens and the flexibility of multinationals in managing their taxable incomes wreck the European Union's fragile tax policies? In addressing these issues the study finds that knowledge is one of the most important resources in the European corporate tax process. It highlights the political problems raised by the search for rules, principles and appropriate levels of tax co-ordination and concludes that the European Union should re-consider its tax policy with new arguments.

The debate regarding the increased funding of higher education has focused on specific issues - such as whether higher education should be financed through general taxation and the implications of collecting fees later in life through the use of a tax surcharge - while largely ignoring the important economic interdependencies which affect them.In The Economics of Higher Education, John Creedy explores the economic foundations of the debate and focuses attention on the process of government decision-making including the precise way that these decisions are affected by the possible external effects of higher education. This book addresses the key issues in the debate using a fully specified model which allows for dispersion of abilities, the individual's decision to invest in higher education and the government's choice of higher education grant, along with the government's budget constraint. This model is also used to consider the effects of alternative tax and grant systems on the distribution of lifetime income within a cohort of individuals, and is extended to allow for the general equilibrium effects of other social transfers to the low paid, along with means testing of grants. The non-technical introduction discusses the author's approach, the framework of analysis and the conclusions which he has reached. As a rigorous analytical contribution to a major public policy debate, this book will be welcomed by policymakers and educationalists, as well as by teachers and researchers in the field of public economics.