This book answers the question: is Polish property tax legislation ready for the upcoming energy transformation? In Poland, real estate tax (property tax) is a material cost for property owners in energy because of the high value assets used by the sector. At the same time, unclear provisions of Polish tax law and variable jurisprudence can make it challenging for entrepreneurs to predict their tax bills. The current provisions of Polish tax law are often not well adjusted to the reality of modern economy, particularly in the case of assets used in the renewable energy sector. The book describes the problems that face taxpayers, tax authorities, and the administrative courts trying to apply current real estate tax provisions to renewable energy assets. The authors also examine the question of whether Polish legislators treat traditional and renewable sources of energy fairly. The readers of this book will be practitioners and researchers who are interested in issues of renewable energy taxation.

Social enterprises are regarded as a vital solution to the pressing problem of socio-economic inequality and play a crucial role in the delivery of public goods and services. Ernest Lim argues that social enterprises in four leading Asian jurisdictions - India, Hong Kong, Singapore and Malaysia - should have a new legal form. This entails advancing a nuanced and comprehensive framework consisting of five criteria: (1) corporate purpose; (2) directors' duties; (3) decision-making powers; (4) reporting, impact measurement and certification; and (5) distribution of dividends, assets, and tax benefits. This invaluable work demonstrates that the existing legal forms in common law Asia, the UK and the US do not properly address the various conflicts of interest affecting social enterprises. An essential read for those interested in understanding and evaluating the laws and regulations on social enterprises, as well as designing and implementing creative ones to protect and promote these important businesses.

McCulloch v. Maryland (1819) has long been recognized to be one of the most significant decisions ever handed down by the United States Supreme Court. Indeed, many scholars have argued it is the greatest opinion handed down by our greatest Chief Justice. Much of this praise is merited for it is brilliantly argued, far reaching in its implications, and unusually eloquent. While Marshall, dedicated to the vision of a powerful and growing nation, ultimately laid the foundation for the living constitution, the impact of the opinion in his own time was short-lived. Almost all treatments of the case consider it from the vantage point of Chief Marshall's decision in which he famously declared the act creating the Second Bank of the United States constitutional and Maryland's attempt to tax it unconstitutional. Yet a careful examination of the context in which the case emerged reveals other, even more important issues involved that Marshall chose to ignore: the private profit making nature of the Second Bank of the United States; the power of the Bank to create branches in the states without their consent, which many people viewed as a direct assault upon the sovereignty of the states; and the differences between a tax levied by a state for the purposes of raising revenue and one which was meant to destroy the operations of the branches of the Bank. Addressing these issues most likely would have undercut Marshall's extreme nationalist view of the constitution, and his unwillingness to adequately deal with them produced immediate, widespread, yet varied dissatisfaction among the States. These issues are particularly important as the Supreme Court was forced to rehear them in Osborn et. al. v. Bank of the United States (1824) and they also formed the basis for Andrew Jackson's famous veto for the re-chartering of the Bank in 1832. Not only the first in-depth examination of McCulloch v. Maryland, but also a new interpretation of this familiar and landmark decision, this sharply argued book provides much new information and fresh insight into a source of constant division in American politics, past and present.

Volume 4 in the Critical Issues in Environmental Taxation series provides a peer-reviewed selection of papers on environmental taxation written by experts from around the world. Selected from papers delivered at the Annual Global Conference on Environmental Taxation, they cover the theory of environmental taxation, countries' experiences of specific environmental taxes, proposed environmental taxes, and evaluations of the role of taxation compared with other environmental instruments. The book provides an interdisciplinary approach to environmental taxation, drawing on the fields of economics, law, political science, and accounting. Each volume in the series reflects the theme of the conference from which the papers are drawn, as well as other broader themes. Volume 4 will focus on the role of taxation in promoting renewable energy, but also includes a number of papers on other topics related to environmental taxation. Written predominantly by academics, the papers provide in-depth analysis that will provide a valuable resource to people interested in environmental taxation.

Sime Jozipovic untersucht die bisherige Beihilferechtspraxis des EuGH und der EU-Kommission zum internationalen Steuerrecht und erstellt ein umfassendes Prufungsschema fur Steuervorteile, welche aus DBA, Rulings, Aussensteuerrecht oder EU-Sekundarrecht resultieren. Hierfur definiert der Autor allgemeingultige Prinzipien der Beihilfeprufung im Bereich des internationalen Steuerrechts, insbesondere bezuglich der grenzuberschreitenden Zurechnung von Massnahmen, der Bestimmung des geographischen Ausgangssystems und der wesentlichen Charakteristika der im internationalen Rahmen selektiv begunstigten Gruppen.

This annual text aims to provide students and professionals with a comprehensive knowledge of income tax, corporation tax, taxation of chargeable gains, inheritance tax and value added tax.

The essential purpose of the tax provisions of the EC Treaty is to contribute to the establishment of a common market that will ensure free trade in goods. The basic principle in this regard is one of non-discrimination between imported and similar or competing domestic goods. This book provides a practical overview of the law in this area and its interpretation and application by the European courts. EU Taxation Law includes detailed analysis of the harmonisation of indirect taxes in the EU, covering principally the substantial body of legislation and case law in the area of value added tax and excise duties, but also discussing company taxation and taxation of savings and royalties. It derives from a section in the looseleaf Law of the EU (Vaughan & Robertson, eds), and is made available here for the benefit of those who don't subscribe to the looseleaf.

Critical Issues in Environmental Taxation is an internationally refereed publication devoted to environmental taxation issues on a worldwide basis. It seeks to provide insights and analysis for achieving environmental goals through tax policy. By sharing the perspectives of the authors in response to the diverse challenges posed by environmental taxation issues, effective approaches used in one country may be considered and possibly implemented by governmental authorities in other countries. This volume (the second in the series) contains 37 articles written by authors from 12 countries, with the articles grouped into five categories by topic. Preliminary drafts of the articles were presented at the Fourth Annual Global Conference on Environmental Taxation Issues held on June 5-7 2003 in Sydney, Australia. The articles in this volume were selected after being subjected to a rigorous peer review process. The articles are interesting, thought provoking, and have been written by some of the best environmental taxation scholars in the world.

Die Umsatzbesteuerung der oeffentlichen Hand ist seit vielen Jahren von Rechtssicherheit und -klarheit weit entfernt. Die Autorin zeichnet die Rechtsentwicklung von 2 Abs. 3 UStG a.F. zu 2b UStG kritisch nach. Sie untersucht insbesondere, ob die Vorgaben der Mehrwertsteuersystemrichtlinie zutreffend umgesetzt wurden und inwieweit eine richtlinienkonforme Auslegung moeglich ist. Das Fazit der Untersuchung ist, dass eine Gesetzesanderung uberfallig und unumganglich war. Die Richtlinienkonformitat des nationalen Rechts ist der ersten Analyse zufolge jedoch auch nach der Einfuhrung des 2b UStG zweifelhaft. Abschliessend stellt die Autorin die Rechtfertigung der bisherigen Sonderstellung der oeffentlichen Hand im Umsatzsteuerrecht generell in Frage und skizziert aktuelle Reformvorschlage.

Der verfassungsrechtlich als Erganzungsabgabe einzuordnende Solidaritatszuschlag ist seit seiner Einfuhrung politisch umstritten und immer wieder Gegenstand finanzgerichtlicher Verfahren. Ausgehend von einer historischen Darstellung des bundesstaatlichen Finanzausgleichs arbeitet der Autor zunachst verfassungsrechtliche Voraussetzungen zur Erhebung einer Erganzungsabgabe heraus, die diese Abgabe signifikant von anderen Steuern unterscheiden. Insbesondere darf eine Erganzungsabgabe nur fur einen bestimmten Zeitraum erhoben werden und bedarf eines Zwecks zur sachlichen Rechtfertigung. Anhand dieser Kriterien wird sodann die Verfassungsmassigkeit des Solidaritatszuschlags uberpruft. Der Autor kommt zu dem Ergebnis, dass der Solidaritatszuschlag verfassungswidrig ist.

This book seeks to provide an extensive analysis of the equitable doctrine of marshalling in the way that it applies to secured debt. There is detailed and systematic reference to the application of marshalling in the United Kingdom, in particular the conditions that must be satisfied before marshalling will assist a secured creditor and the limitations imposed on its effective operation. There is also substantial comparative material with extensive analysis of Commonwealth law and selected US authorities. This book will appeal equally to those specialists working in equity, banking and finance law and to commercial lawyers more generally.

International Commercial Tax, 2nd edition takes account of the substantial developments of the last decade. With more than sixty percent new material, the book considers the outcomes of the OECD's BEPS project and the substantial consequential 2017 revisions of the OECD and UN Model tax treaties. With the continuing rise in the economic importance of non-OECD countries and the UK distancing itself from the EU, there has been a refocusing with less direct attention on UK domestic law and greater focus on the approaches of other significant countries, especially other common law jurisdictions. This provides greater flexibility as to how a particular point or issue is illustrated with practical examples. Greater attention is given to the UN Model, which is increasingly important. The book continues to compare the approach under model tax treaties with EU law and is updated with copious references and illustrations from the burgeoning jurisprudence of the EU Court.

In International Taxation of Trust Income, Mark Brabazon establishes the study of international taxation of trust income as a globally coherent subject. Covering the international tax settings of Australia, New Zealand, the UK, and the US, and their taxation of grantors/settlors, beneficiaries, trusts, and trust distributions, the book identifies a set of principles and corresponding tax settings that countries may apply to cross-border income derived by, through, or from a trust. It also identifies international mismatches between tax settings and purely domestic design irregularities that cause anomalous double- or non-taxation, and proposes an approach to tax design that recognises the policy functions (including anti-avoidance) of particular rules, the relative priority of different tax claims, the fiscal sovereignty of each country, and the respective roles of national laws and tax treaties. Finally, the book includes consideration of BEPS reforms, including the transparent entity clause of the OECD Model Tax Treaty.

Get comprehensive, detailed guidance on the tax law of unrelated businesses for tax-exempt organizations, written by the leading expert in the field

"The Tax Law of Unrelated Business for Nonprofit Organizations" has everything you need to help you understand and interpret the general rules, modifications, and exceptions of the tax law of unrelated business for nonprofit organizations--including the unrelated debt-financed income rules, commercial activities, use of separate entities, and reporting requirements.

This comprehensive resource equips you to fully analyze your organization's operations from the unrelated business perspective. You'll focus on details pertaining to the unrelated business income tax return (Form 990-T) and its many schedules. In addition, you'll get six appendices and tables to help round out your analysis. This authoritative guide explores every facet of tax law applicable to unrelated business for nonprofit organizations, including the rules governing:

Publishing

Advertising

Corporate sponsorships

Gift shops

Restaurants and cafes

List rentals and exchanges

Trade shows

Travel tours

Real property development

Research programs

Gambling and gaming

Endorsements

Convenience businesses

Foreign source income

This must-have resource is filled with explanations and illustrations and hands-on guidance from Bruce R. Hopkins, the leading authority in nonprofit law. Its in-depth information shows you how to thoroughly and authoritatively manage unrelated business activities and protect your organization's tax-exempt status.

This book clearly chronicles the evolution of Chinese VAT regulations, with a particular focus on the reforms of recent years. Covering all the provisions of the laws related to VAT, it also provides examples and implementation instructions. Practically structured and easy to consult, it allows readers to quickly find answers to questions that may arise in the course of their work. As such, the book is a valuable tool for accountants, advisors, lawyers, public officials and anyone working in the sector.

In this fresh, objective, and non-argumentative volume in the Elements of International Law series, Peter Hongler combines a comprehensive overview of the technical content of the international tax law regime with an assessment of its crucial relationship to wider international law. Beginning with an assessment of legal principles and foundations, the book considers key general principles, treaty based regimes, and regional integration in tax matters. In the second half of the work Hongler places international tax law in the context of its wider relationships with human rights law, and trade and investment law. He concludes by considering major legal successes and failures and what might be done to address these.

This supplement is an invaluable single source for the code and regulations applying to federal transfer taxes, such as gift taxes and the generation-skipping transfer tax. It is a quick and easy, yet comprehensive, reference to the primary law, conveniently sized for carrying in a briefcase or backpack. The 2022 edition includes code and regulation changes up through early February 2022.

The latest edition of this key title sees Tolley live up to its reputation as the authority on tax matters. It contains all the information required to achieve the most cost-effective, convenient and effective estate planning. The esteemed editorial board help you formulate strategies for the provision, holding and devolution of personal and family resources. Clear subject headings and straightforward explanations of routine and complex topics make for fast, effective research. Following the tax planning series' straightforward and easy-to-read style with clear headings, this guide includes worked examples, tables and a comprehensive index. A practical step-by-step case study illustrates the benefits of careful planning and incorporates many points discussed throughout the book.