|
Books > Law > Laws of other jurisdictions & general law > Financial, taxation, commercial, industrial law > Financial law > Taxation law
The fallout from the financial crisis of 2007-8, HSBC Suisse in
2015, and the Panama Papers in 2016 has generated calls for far
more vigorous and punitive responses to tax evasion and greater
international co-operation against mechanisms for giving anonymity
to the ownership of property. One mechanism to ensure compliance is
the use of the criminal justice system. The announcement in 2013 by
the then Director of Public Prosecutions, Keir Starmer, of a policy
of increasing rates of prosecution for tax evasion raised squarely
the issue of whether increased involvement of criminal law and
criminal justice in tax evasion would be justifiable or not. The
relationship between tax evasion and the proceeds of crime is
taking on increasing importance: treating the 'proceeds of criminal
tax evasion' as falling within the 'proceeds of crime' regime
inevitably expands the scope of both. In this book, Peter Alldridge
considers the development of the offences and the relationship
between tax evasion offences and other criminal offences; the
relevant rules of evidence; prosecution structures, decision-making
processes, and alternatives to prosecution. Specific topics include
offshore evasion and the relationship of tax evasion with other
crimes and aspects of the criminal justice system. A topical and
lively discussion of a heated debate.
Taxation of Loan Relationships and Derivative Contracts, Tenth
Edition, is updated in line with the Finance Act 2015 which brings
in significant changes to the loan relation rules. In addition, it
includes changes to both UK and International Accounting Standards.
This new edition covers developments in the Basic Erosion and
Profit Shifting (BEPs) project and the related new climate and
wider concept of tax avoidance (GAAR). The chapters covering
accounting framework, reorganisations and international aspects
have been significantly updated since the previous edition and new
chapters have been added with a summary of all relevant cases and a
chapter covering Islamic Finance. Covers the following: The
Taxation of Finance Accounting under IFRS and Modified UK GAAP The
Scheme of the Legislation Loan Relationships: Scope and Definition
Loan Relationships: General Computational Provisions Loan
Relationships: Special Computational Provisions Impairment Losses
Foreign Exchange and Hedging/Deferral Interest Securities
Reorganisations, Acquisitions and Disposals Special Companies
Derivative Contracts - Definition and Scope Derivative Contracts -
Measurement of Profits Embedded Derivatives Worldwide Debt Cap
Transfer Pricing Stock Lending and Repos International Aspects
Islamic Finance Cases Appendices
Reports by the public of suspected underreporting of taxes or other
tax violations can help IRS detect millions of dollars in taxes
that would otherwise go uncollected. Productive referrals can help
address the net $385 billion tax gap--the difference between the
amount of taxes paid voluntarily on time and the amount owed. IRS
received about 87,000 information referrals in fiscal year 2015.
This book describes IRSs process for screening and routing
information referrals; assesses the controls for the information
referral screening and routing process; and evaluates the
coordination between the information referral process, the
Whistleblower Office, and other IRS referral programs.
This report presents the results of our review to determine whether
allegations were founded that the Internal Revenue Service (IRS):
1) targeted specific groups applying for tax-exempt status,
2)delayed processing of targeted groups' applications for
tax-exempt status, and 3) requested unnecessary information from
targeted groups. This audit was initiated based on concerns
expressed by members of Congress and reported in the media
regarding the IRS's treatment of organizations applying for
tax-exempt status. This review is included in our Fiscal Year 2013
Annual Audit Plan and addresses the major management challenge of
Tax Compliance Initiatives. We would like to clarify a few issues
based on the IRS response to our report. The response states that
our report views approvals as evidence that the Exempt
Organizations function should not have looked closely at those
applications. We disagree with this statement. Our objection was to
the criteria used to identify these applications for review. We
believe all applications should be reviewed prior to approval to
determine whether tax-exempt status should be granted. The IRS's
response also states that issues discussed in the report have been
resolved. We disagree with this statement as well. Nine
recommendations were made to correct concerns we raised in the
report, and corrective actions have not been fully implemented.
Further, as our report notes, a substantial number of applications
have been under review, some for more than three years and through
two election cycles, and remain open. Until these cases are closed
by the IRS and our recommendations are fully implemented, we do not
consider the concerns in this report to be resolved. Management's
complete response to the draft report is included as Appendix VIII.
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.
Are you a foreign person or business planning to invest or reside
in the United States? Do you know the U.S. tax rules that may apply
to you and tax your world wide assets? Are you a foreign person
mistakenly visiting the United States too many days in a year? What
happens for U.S. tax purposes when a foreigner receives a Green
Card? Are real estate investments in the U.S. by foreigners taxed
differently? Not knowing the tax rules and missing strategies can
cost a foreign person or business millions of dollars in fines and
penalties every year. Learn what has to be reported to the IRS and
how to plan to minimize taxes and avoid penalties. Find out how
your tax status may vary from your immigration status. The United
States is one of the top choices for real estate investment by
foreigners. Foreign investors are rushing to buy residential and
commercial real estate. Unique tax rules apply when foreigners
invest in U.S. real estate and are explained in basic language in
this guide. A Tax Guide 4 Foreigners provides tax tips for
foreigners who invest, live or work in the United States. A simple
explanation of the most important rules on income, estate and gift
taxes is provided in this guide. It's a good place for a foreign
person or business to begin to understand the U.S. tax system and
how to make the right choices.
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.
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 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.
|
|