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Most national taxation regimes afford certain privileges to
non-governmental non-profit organizations of public benefit.
However, cross-border extension of such privileges has failed to
materialize in any significant way, despite various efforts and the
existence of model treaty provisions and even draft NGO
multilateral tax treaties. Although experts tend to oppose
harmonization on the grounds that international privilege would
sink to the lowest national level there does seem to be general
agreement that tax incentives to encourage the cross-border
activity of public benefit organizations should be clarified and
augmented. The expert authors whose work is assembled in this book
offer rich perspectives on this issue. Their various analyses
include the following: detailed discussion of the objections of
principle commonly advanced by states; the role of discrimination
legislation in strategies to advance cross-border privilege; the
continuing failure of political will to achieve changes in this
area of taxation; the potential of reciprocal unilateral action;
tax treaties and non-tax treaties with tax-related provisions;
multilateral initiatives (OECD, UN, EU, Council of Europe, World
Bank, regional treaties); and Documentation (International Bureau
of Fiscal Documentation). Quite apart from its importance as an
in-depth study of a taxation issue of significant social value, The
Tax Treatment of NGOs will be of great assistance to NGOs and their
supporters and benefactors. It opens the way to more vigorous
lobbying power for the NGO community to influence changes in
taxation law and policy.
This collection contains sixteen national reports and general
discussion on the subject, dealing with limitations of actions, or
"extinctive prescription", as the subject is usually called in
civil law jurisdictions. This is both a highly technical and a
highly political topic. The book focuses on the political aspects
of extinctive prescription, specifically, how long should
prescription periods run, as of what event, and interrupted by
which circumstances for example. The trend in modern legislation
has been to shorten the periods of prescription whilst occurrences
in biology and medicine, however, have led to proposals to lengthen
the limitation periods once more. The reports discuss the situation
in Europe, Latin America, and North America, and display a
comparative nature.
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