|
Books > Law > Laws of other jurisdictions & general law > Financial, taxation, commercial, industrial law > Financial law > Taxation law
Tax law changes at a startling rate - not only does societal change
bring with it demands for change in the tax system, but changes in
the political climate will force change, as will many other
competing pressures. With this pace of change, it is easy to focus
on the practical and forget the core underpinnings of the tax
system and their philosophical justifications. Taking a pause to
remind ourselves of those principles and how they can operate in
the modern tax system is crucial to ensuring that the tax system
does not diverge too far from what it should be or could be. It is
essential to understand the answers to some of the seemingly basic
questions that surround tax before we can even begin to think about
what a tax system should look like. This collection brings together
major themes and difficult questions in the philosophical
foundations of tax law. The chapters consider practical issues such
as justification, enforcement, design, and mechanics, and provide a
full and coherent analysis of the basis for tax law. Philosophical
Foundations of Tax Law allows the reader to consider how tax
systems should move forward in the modern world, with a sound
philosophical basis, to provide the practical tax system that the
state requires and citizens deserve.
This Tax Guide is an easy to use and understandable reference for
anyone, including tax professionals, who prepare 2013 income tax
returns. The Guide follows the flow of a tax return, from filing
status and requirements through tax credits. It is primarily for
use in preparing individual and small business tax returns, with
chapters that include detailed discussions on employee travel and
entertainment expenses, depreciation, and carrying on a trade or
business as a sole proprietor, partnership, farmer, and
S-Corporation. It also includes informative language and examples
on classifying workers as employees vs. independent contractors,
and reasonable salaries for S-Corporation shareholders. A unique
feature of this Guide compared to others on the market is a chapter
devoted to dealing with the IRS, which alone is worth getting this
Guide as a reference. It includes detailed information on
applicable penalties for underpayment of taxes, failure to file,
failure to pay, and how to avoid paying penalties and interest. It
discusses how taxpayers can meet the eligibility requirements for
the IRS "Fresh Start" program which is designed to help financially
distressed taxpayers resolve tax problems more quickly and relieve
them of certain penalties. Also, First-Time Penalty Abatement and
the "Fast Track Settlement Program" are addressed, which are IRS
initiatives designed to help taxpayers. The chapter on dealing with
the IRS includes a section on IRS audits that talks about IRS
notices and the Agency's latest concentration on its audit-by-mail
program. It discusses how to survive an IRS audit, how to handle a
dispute over a tax liability, how to prepare a request for appeals,
closing agreements, offers in compromise, and what happens in Tax
Court. Perhaps the most important chapter in this Guide is the one
about the "Patient Protection and Affordable Care Act," also known
as Obamacare. This chapter discusses in detail all of the
compliance and tax provisions of the law, including the additional
0.9% Medicare surtax on high-income earners, the 3.8% surtax on
"net investment Income" of high-income earners, and the 2.3% excise
tax on medical devices. The individual and employer mandates are
discussed in detail, including penalties, exemptions, the IRS role
in implementing the mandates, and the latest implementation
timelines. While some IRS regulations and court cases are referred
to in this Guide, the aim was to keep such references to a minimum.
The goal was to discuss, in plain English, what is required and not
required by tax laws and regulations without the legal jargon as
much as possible, and to give understandable examples where needed.
We believe our goal has been achieved by publishing this tax book.
The Earned Income Tax Credit (EITC) is a refundable tax credit
available to eligible workers with relatively low earnings. Because
the credit is refundable, an EITC recipient need not owe taxes to
receive the benefit. The credit is authorized by Section 32 of the
Internal Revenue Code (IRC) and administered as part of the federal
income tax system. In 2013, a total of $68.1 billion was claimed by
28.8 million tax filers, making the EITC the largest need-tested
anti-poverty cash assistance program. This book provides an
overview of the EITC, first discussing eligibility requirements for
the credit, followed by how the credit is computed and paid;
provides data on the growth of the EITC since it was first enacted
in 1975; and includes data on the EITC claimed on 2013 tax returns,
examining EITC claims by number of qualifying children, income
level, tax filing status, and location of residence. Moreover, this
book summarizes findings from the 2014 IRS study detailing the
factors that can lead to erroneous claims of the credit, and
describes the challenges the IRS may face in their efforts to
reduce each type of error. It also examines the role of paid tax
preparers on EITC error.
Audit activities help ensure taxpayers pay the right amount of tax
and help address the net $385 billion tax gapthe difference between
the amount of taxes paid voluntarily and on time, and the amount
owed. Audit programs in Internal Revenue Services (IRS) Wage and
Investment division (W&I) mainly cover refundable credits
reported on the Form 1040, Individual Income Tax Return. The
hundreds of thousands of taxpayers whom W&I interacts with
annually during audits make it critical to apply the tax law
fairly. Unfair selection would increase burden on taxpayers and
reduce public confidence in IRS. This book reviews and describes
the W&I process for selecting tax returns for audit, and
determines how well W&I's audit selection procedures support
its mission and goal to apply the tax law with integrity and
fairness to all. This book also describes IRSs processes and
controls for selecting Small Business/Self-Employed (SB/SE)
taxpayers for audit; and determines how well SB/SEs selection
processes and controls support its mission to apply the tax law
with integrity and fairness to all.
The book explains the legal framework of philanthropy in the U.S.,
with particular emphasis on the rules for giving to domestic versus
foreign entities. Chapter One gives a brief overview of the
philanthropic sector in the United States. Chapter Two provides a
detailed analysis of the legal framework that affects philanthropy
in the U.S., in particular the requirements under US Code Sec.
501(c)(3), as well as other relevant laws, including those on
private foundations. A subchapter explains the deductibility of
charitable gifts by individuals and corporations. Chapter Three
elaborates on the issues related to international philanthropic
giving by U.S. taxpayers. Chapter Four discusses policy matters
connected to the regulation of U.S. international philanthropy.
Chapter Five argues for the promotion of a "learning driven"
international engagement of American philanthropists. Last but not
least, Chapter Six provides proposals for legal reform in the U.S.
to encourage learning-driven international philanthropy. In
addition to these main parts, the book contains a table of
contents, conclusions, an extensive bibliography, as well as an
index.
This book examines recent developments and high-profile debates
that have arisen in the field of international tax law and European
tax law. Topics such as international tax avoidance, corporate
social responsibility, good governance in tax matters, harmful tax
competition, state aid, tax treaty abuse and the Financial
Transaction Tax are considered. The OECD/G20 project on Base
Erosion and Profit Shifting (BEPS) features prominently in the
book. The interaction with the European Union's Action Plan to
strengthen the fight against tax fraud and tax evasion is also
considered. Particular attention is paid to specific BEPS
deliverables, exploring them through the prism of European Union
law. Can the two approaches be aligned or are there inherent
conflicts between them? The book also explores whether, when it
comes to aggressive tax planning, there are internal conflicts
between the established case law of the Court of Justice and the
emerging policy of the European institutions. By so doing it offers
a review of issues which are of constitutional importance to the
European Union. Finally, the book reflects on the future of
international and European tax law in the post-BEPS world.
This book examines the most recent developments, analysis and
research concerning taxation in the United States. Topics discussed
in this compilation include a review of Constitutional authorities
under which Congress regulates state taxation; a brief overview of
the Internet Tax Freedom Act; legal issues of taxation of internet
sales and access; current laws related to the repatriation of
foreign earnings; energy tax initiatives; energy tax policies; and
differences in definitions and rules in the tax code.
The financing of the federal government depends largely upon
Internal Revenue Service's (IRS) ability to collect taxes,
including providing taxpayer services that make voluntary
compliance easier and enforcing tax laws to ensure compliance with
tax responsibilities. This book analyses select IRS business units'
budget and staffing; describes how IRS is managing in a constrained
budget environment; assesses key data for information technology
(IT) investments; and describes IRS progress in implementing
selected United States Government Accountability Office (GAO) open
recommendations. Furthermore, the book assesses IRS's strategy to
address budget cuts and use of return on investment (ROI) analysis.
This an updated version on my original book release, with added
information about why marijuana is legal in America. Added bonus
sections, Narcotic Rights, Affidavit of Marijuana Rights and
Narcotic Rights. These bonus sections will help you understand how
to claim your rights and apply them. In the beginning God created
all the seed bearing plants for food God's word is true Cannabis
Hemp is also a strategic food source for America, and there are
over 25,000 products that can be made from it. This is a wonder
plant created by God, and the greatest plant on earth for an
eco-friendly green economy. That is how you can know that our
government is a bunch of liars and thieves when they say they want
a green economy. They are not for a green economy They are about
more power, and stealing all our rights. The truth will make you
free. This book lays out in fine detail our 'unambiguous conferred
rights and liabilities' established by the United States Congress
in 1939. U.S.C. TITLE 26, Subtitle F, CHAPTER 80, Sec. 7851 (b)
Effect of repeal of Internal Revenue Code of 1939 (1) Existing
rights and liabilities The repeal of any provision of the Internal
Revenue Code of 1939 shall not affect any act done or any right
accruing or accrued, or any suit or proceeding had or commenced in
any civil cause, before such repeal; but all rights and liabilities
under such code shall continue, and may be enforced in the same
manner, as if such repeal had not been made. Why Marijuana is Legal
in America gives a detailed easy-to-understand breakdown of laws
and one's 'rights and liabilities'. But this book is more than an
introduction to knowing one's 'rights and liabilities'. It lays the
foundation and concept of a bigger picture to knowing that
marijuana is just one subject of many 'rights and liabilities'. Do
you know your marijuana 'rights and liabilities'? Such as, a
'natural person's' established right of 'transfer, purchase and
possession' for marijuana. Hopefully, this book leads to the
industrialization of Cannabis Hemp in America. Who needs the Arabs
oil when 6% of our land will produce all the domestic oil needs of
America. It is time to become well educated and take back our
government from these evil-selfish-little-tyrants.
The Exempt Organizations (EO) unit within the Tax Exempt and
Government Entities (TE/GE) division at the Internal Revenue
Service (IRS) reviews organisations' applications for tax-exempt
status to determine whether to grant status and oversees existing
exempt organisations' compliance with the tax code. To identify
exempt organisations for possible examination, EO uses a variety of
information sources: for example, EO receives referrals of exempt
organisation noncompliance from third parties, such as the public,
and other parts of IRS. This book describes these processes and
assesses the adequacy of examination selection controls.
The Patient Protection and Affordable Care Act (ACA; P.L. 111-148,
as amended) included a provision to impose an excise tax on
high-cost employer-sponsored insurance (ESI) coverage beginning in
2018. This provision, popularly termed the Cadillac tax, imposes an
excise tax on ESI coverage in excess of a predetermined threshold.
The tax is imposed on the coverage provider, typically the health
insurance provider or the entity that administers the plan
benefits. Currently, employers' spending on ESI coverage and most
employees' contributions to ESI plans are exempt from income and
payroll taxes. Although proposals to limit the amount of health
insurance benefits eligible for this exclusion were considered, the
ACA, as enacted, did not limit the exclusion for employer-provided
health insurance coverage. The Cadillac tax discourages high-cost
employer health plans through another approach. This book examines
several issues. It evaluates the potential of the Cadillac tax to
affect health insurance coverage and the health care market. It
also examines the expected incidence (burden) of the tax -- that
is, which group's income will be reduced by the tax. Finally, the
book discusses implications for economic efficiency in the context
of tax administration.
Under federal law, local governments are compensated through
various programs for reductions to their property tax bases due to
the presence of most federally owned land. These lands cannot be
taxed, but may create demand for services such as fire protection,
police cooperation, or simply longer roads to skirt the federal
property. Some of these programs are run by specific agencies and
apply only to that agency's land. The most widely applicable
program, administered by the Department of the Interior (DOI),
applies to many types of federally owned land, and is called
"Payments in Lieu of Taxes," or PILT. The authorized level of PILT
payments is calculated under a complex formula. This report
addresses only the PILT program administered by DOI. There is no
PILT-like program generally applicable to military lands, but a
small fraction of military lands are eligible for the DOI PILT
program. Furthermore, PILT does not apply to Indian-owned lands,
virtually none of which are subject to local taxes. This report
explains PILT payments, with an analysis of the five major factors
affecting the calculation of a payment to a given county. It also
describes the effects of certain changes in PILT in 2008.
Previously, annual appropriations were necessary to fund PILT, but
a 2008 provision (in P.L. 110-343) for mandatory spending ensured
that, beginning with FY2008 and continuing through the payment to
be made in 2012, all counties will receive 100% of the authorized
payment. On July 6, 2012, the President signed P.L. 112-141,
containing a provision extending mandatory spending to FY2013.
Other issues have been the inclusion of additional lands under the
PILT program, particularly some or all Indian lands, which are not
now eligible for PILT. Most categories of Indian-owned lands cannot
be taxed by local governments, though they generally enjoy county
services. In some counties, this means a very substantial portion
of the land is not taxable. The remaining tax burden (for roads,
schools, fire and police protection, etc.) therefore falls more
heavily on other property owners. To help compensate for this
burden, some counties have proposed that Indian lands (variously
defined) be included among those eligible for PILT payments.
Examples of other lands mentioned from time to time for inclusion
are those of the National Aeronautics and Space Administration, and
the Departments of Defense and Homeland Security. In addition, some
counties would like to revisit the compensation formula to
emphasize a payment rate more similar to property tax rates (which
vary widely among counties), a feature that would be a major change
in counties with high property values. Finally, for lands in the
National Wildlife Refuge System (NWRS), some have argued that all
lands of the system should be eligible for PILT, rather than
limiting the PILT payments to lands reserved from the public domain
and excluding PILT payments for acquired lands. The exclusion of
NWRS-acquired lands affects primarily counties in eastern states.
With the extension of mandatory spending to FY2013, the program
would return to funding through annual appropriations in FY2014.
Over the next few years, the larger debate for Congress might then
be summarized as three decisions: (1) whether to approve future
extensions of mandatory spending (either temporary or permanent);
(2) whether to make the diametrically opposed choice of reducing
the program through appropriations or changing the PILT formula;
and (3) whether to add or subtract any lands to the list of those
now eligible for PILT payments. Background on all three issues is
discussed here.
The use of economic sanctions to stem weapons proliferation
acquired a new dimension in the 1990s. While earlier legislation
required the cutoff of foreign aid to countries engaged in
specified nuclear proliferation activities and mentioned other
sanctions as a possible mechanism for bringing countries into
compliance with goals of treaties or international agreements, it
was not until 1990 that Congress enacted explicit guidelines for
trade sanctions related to missile proliferation. In that year a
requirement for the President to impose sanctions against U.S.
persons or foreign persons engaging in trade of items or technology
listed in the Missile Technology Control Regime Annex (MTCR Annex)
was added to the Arms Export Control Act and to the Export
Administration Act of 1979. Subsequently, Congress legislated
economic sanctions against countries that contribute to the
proliferation of chemical, biological, and nuclear weapons in a
broad array of laws.
This book contains an explanation of the major provisions of the
federal estate, gift, and generation-skipping transfer taxes as
they apply to transfers in 2014. It provides basic principles
regarding the computation of these three transfer taxes. It also
provides a history, description, and analysis of the Federal
estate, gift, and generation-skipping transfer taxes (also referred
to as the "wealth transfer taxes"), as well as a description of
selected reform proposals.
|
|