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Books > Law > Laws of other jurisdictions & general law > Financial, taxation, commercial, industrial law > Financial law > Taxation law
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.
Juta's Income Tax Act presents the text of the Income Tax Act 58 of 1962 in a manner that enables the reader to look at the Act in a new way. All amendments in terms of the following 2015 Act and Bills have been incorporated in this edition, including amendments made (in the case of the 2015 Act) and envisioned (in the case of the 2015 Bills) at the time of going to press: Rates and Monetary Amounts and Amendment of Revenue Laws Act 13 of 2015; Taxation Laws Amendment Bill 29B of 2015; and Tax Administration Laws Amendment Bill 30 of 2015. Value has also been added to the text by the inclusion of the following unique Juta elements into the consolidated Act: Prelex: wording of legislation in force prior to the coming into operation of the substituted, amended or deleted provisions; and; Pendlex: pending legislation that will only come into operation after 1 April 2016. Juta's Income Tax Act is a useful and reliable resource for students and tax practitioners alike: the consolidated and annotated Act equips the reader with the tools to interpret, apply, and assess the impact of the latest changes to the Act.
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.
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.
Everyone needs to forget what you thought you knew about taxes in America. This book is a work of art, a renaissance of new thinking, a renewal of the spirit, an American taxation rebirth and a moral reawakening in a medieval world. 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. This book gives a detailed easy-to-understand breakdown of laws and one's 'rights and liabilities' for Income Tax. This third book in the series drives a wooden stake into the heart of a sacred government taxing scam. Income Taxes in America are a complete fraud. Our government fraudulently writes tax statutes vaguely, violating our due process rights. They also violate the constitution in collecting taxes, and violating all the expenditure clauses when they fraudulent waste our property all around the world. The 16th Amendment never gave our government an unlimited right to tax and spend any way they desired. Taxation in America is an abuse of power, leading the bondage and slavery of a free people. This book releases the chains of taxation bondage, reclaiming all our constitutional rights, all our new Statutory Federal Rights, and our God given rights to live as free people in liberty, with our pursuit of happiness. Michael opens the door to real knowledge about our taxation rights in America. Supplement book to "Corporate Income Tax: Claim Your Right to Zero Tax Liability in America." ISBN-13:978-1477584835 Excerpt: It is sad to have to tell people that they have been deceived and lied to only to have the majority of the people not really interested in it. If the deceit were true, one would think that the people would revolt. Today, football, baseball, TV, concerts and going shopping are some of the activities that have replaced people's knowledge of government and money. Public education is so dumb downed it is pathetic. Hosea 4:6 is echoing through the halls and homes of America, will the Church heed God's call of repentance? The time was around 722 BC when the Prophet Hosea wrote chapter 4, verse 6: "My people are destroyed from a lack of knowledge." Much has changed since this passage in the Bible was written. We now have cars, airplanes, computers, TV's, and radios, for example. Looking from a distance it seems that things have changed considerably - or then again, has anything really changed? When money, the economy and sex are the only objectives that the average American can focus on achieving, is there any wonder too why our nation is declining? Taxes can stir up all kinds of emotions, ranging from fear, rage, and hate to a willing state of complete stupidity in most Americans. When we turn and face the facts about taxes as Americans, the number one truth is that our freedom is being destroyed by a lack of knowledge. There is little doubt to this when you start reading over 101,295 pages of taxation laws and regulations and fill out the more than 700 tax forms. Confusion and more confusion are piled on the general public year after year after year. Is there any logic to the madness? "Chaos equals cash," as the saying goes. The more chaos that Congress and the IRS can create the more cash and rights that can be eroded from the dumbed down peoples. Education and more education is the only long-term solution to this nightmare on Elm Street. The bottom line is that writing Tax Laws vaguely violates the first element of Due Process of Law.
The federal excise tax on alcoholic beverages is imposed at the manufacturer and importer level, based on the per unit production or importation of alcoholic beverages (eg: distilled spirits, wine, and beer) for sale in the U.S. market. Today, three main approaches drive interest in alcohol taxes: tax rates could be decreased to benefit firms in the industry; excise tax rates could be increased for deficit reduction; or excise tax rates could be increased to discourage the negative spillover effects of alcohol consumption. This book provides a brief historical overview of alcohol excise tax policy and a description of current law; analyzes alcohol excise tax rates based on some of the standard criteria for tax evaluation; and discusses bills introduced in the 113th Congress that would reduce current excise tax rates as well as possible approaches to raising alcohol excise tax rates.
The federal Controlled Substances Act (CSA) outlaws the possession, cultivation, or distribution of marijuana except for authorised research. Twenty states have regulatory schemes that allow possession, cultivation, or distribution of marijuana for medicinal purposes. Two have revenue regimes that allow possession, cultivation, or sale generally. The U.S. Constitution's Supremacy Clause preempts any state law that conflicts with federal law. Although there is some division, the majority of state courts have concluded that the federal-state marijuana law conflict does not require preemption of state medical marijuana laws. The legal consequences of a CSA violation, however, remain in place. Nevertheless, current federal criminal enforcement guidelines counsel confining investigations and prosecutions to the most egregious affront to federal interests. This book analyses some legal issues related to marijuana and provides some proposals to resolve the issues. It also discusses federal tax proposals for marijuana.
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.
The New Markets Tax Credit (NMTC) is a non-refundable tax credit intended to encourage private capital investment in eligible, impoverished, low-income communities. NMTCs are allocated by the Community Development Financial Institutions Fund (CDFI), a bureau within the United States Department of the Treasury, under a competitive application process. Investors who make qualified equity investments reduce their federal income tax liability by claiming the credit. This book describes the New Markets Tax Credit Program and the major considerations banks may need to address when using the tax credits to support community and economic development activities. The book examines the primary opportunities and risks associated with the use of NMTCs and discusses the methods used by national banks and federal savings associations (collectively, banks) to structure transactions and use the credits effectively.
Juta's Income Tax Act 58 of 1962 (2015 edition) aims to add value to the text of the Income Tax Act 58 of 1962 ('the IT Act') by allowing the reader to look at the Act through a new lens. The IT Act has been updated to reflect the law as at 1 January 2015, which means that all amendments to that Act in terms of the following three 2014 Bills have been incorporated in this edition: Rates and Monetary Amounts and Amendment of Revenue Laws Bill 12 of 2014 (now Act 42 of 2014); Taxation Laws Amendment Bill 13B of 2014 (now Act 43 of 2014); Tax Administration Laws Amendment Bill 14 of 2014 (now Act 44 of 2014). Further value has been added to the consolidated IT Act by incorporating - 'Prelex': legislation in force before the coming into operation of the substituted, amended or deleted provisions); and 'Pendlex': pending legislation that will only come into operation after 1 April 2015. Juta's Income Tax Act is a useful and reliable 'point in time' resource for students and tax practitioners alike, as the book allows them to read and interpret the changes to the IT Act, and to understand what the future impact of provisions of the IT Act will be. Contents include: Preface; Income Tax Act 58 of 1962 (first to eleventh schedules); List of definitions; List of Acts referred to in Income Tax Act.
On July 22, 2014, the Senate Committee on Finance held a public hearing on the taxation of cross-border income. This book, prepared by the staff of the Joint Committee on Taxation for the hearing, includes a description of present law, background on recent global activity related to the taxation of cross-border income, and descriptions and a comparison of recent proposals to reform the U.S. international tax system.
On April 8, 2014 the Senate Committee on Finance held a hearing entitled "Protecting Taxpayers from Incompetent and Unethical Return Preparers". This book describes the rules governing paid tax return preparers and provides background relating to Internal Revenue Service regulation of the conduct of paid tax return preparers. The first section of this book describes Internal Revenue Code of 1986 rules relating to tax return preparers. The second section describes Treasury regulations relating to tax return preparers, including Circular 230. The third section describes court cases related to the application of Circular 230 to tax return preparers.
Recast VAT Directive (RVD) that regulates from a EU perspective, the common system of VAT which applies within the European Union (EU).
This book examines the most recent developments, analysis and research concerning taxation in the United States. Topics discussed in this compilation include the potential federal tax implications of United States v. Windsor; effects of a carbon tax on the economy and the environment; the distribution of major tax expenditures in the individual income tax system; corporate income tax; and appraised values on tax returns.
Tax evasion by individuals with unreported offshore financial accounts was estimated by one IRS commissioner to be several tens of billions of dollars, but no precise figure exists. IRS has operated four offshore programs since 2003 that offered incentives for taxpayers to disclose their offshore accounts and pay delinquent taxes, interest, and penalties. GAO was asked to review IRS's second offshore program, the 2009 OVDP. This report (1) describes the nature of the noncompliance of 2009 OVDP participants, (2) determines the extent IRS used the 2009 OVDP to prevent noncompliance, and (3) assesses IRS's efforts to detect taxpayers trying to circumvent taxes, interests, and penalties that would otherwise be owed. To address these objectives, GAO analyzed tax return data for all 2009 OVDP participants and exam files for a random sample of cases with penalties over $1 million; interviewed IRS Offshore officials; and developed and implemented a methodology to detect taxpayers circumventing monies owed. As of December 2012, the Internal Revenue Service's (IRS) four offshore programs have resulted in more than 39,000 disclosures by taxpayers and over $5.5 billion in revenues. The offshore programs attract taxpayers by offering a reduced risk of criminal prosecution and lower penalties than if the unreported income was discovered by one of IRS's other enforcement programs. For the 2009 Offshore Voluntary Disclosure Program (OVDP), nearly all program participants received the standard offshore penalty-20 percent of the highest aggregate value of the accounts-meaning the account value was greater than $75,000 and taxpayers used the accounts (e.g., made deposits or withdrawals) during the period under review. The median account balance of the more than 10,000 cases closed so far from the 2009 OVDP was $570,000. Participant cases with offshore penalties greater than $1 million represented about 6 percent of all 2009 OVDP cases, but accounted for almost half of all offshore penalties. Taxpayers from these cases disclosed a variety of reasons for having offshore accounts, and more than half of them had accounts at Swiss bank UBS. Using 2009 OVDP data, IRS identified bank names and account locations that helped it pursue additional noncompliance. Based on a review of cases, GAO found examples of immigrants who stated in their 2009 OVDP applications that they were unaware of their offshore reporting requirements. IRS officials from the Offshore Compliance Initiative office said they have not targeted outreach efforts to new immigrants. Using information from the 2009 OVDP, such as the characteristics of taxpayers who were not aware of their reporting requirements, to increase education and outreach to those populations could promote voluntary compliance. IRS has detected some taxpayers with previously undisclosed offshore accounts attempting to circumvent paying the taxes, interest, and penalties that would otherwise be owed, but based on GAO reviews of IRS data, IRS may be missing attempts by other taxpayers attempting to do so. GAO analyzed amended returns filed for tax year 2003 through tax year 2008, matched them to other information available to IRS about taxpayers' possible offshore activities, and found many more potential quiet disclosures than IRS detected. Moreover, IRS has not researched whether sharp increases in taxpayers reporting offshore accounts for the first time is due to efforts to circumvent monies owed, thereby missing opportunities to help ensure compliance. From tax year 2007 through tax year 2010, IRS estimates that the number of taxpayers reporting foreign accounts nearly doubled to 516,000. Taxpayer attempts to circumvent taxes, interest, and penalties by not participating in an offshore program, but instead simply amending past returns or reporting on current returns previously unreported offshore accounts, result in lost revenues and undermine the programs' effectiveness. GAO-13-318 |
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