LSN: Public Tax Law - Non-U.S. (Topic)最新文献

{"title":"Australian State Income Taxation: A Historical Perspective","authors":"Julie P. Smith","doi":"10.2139/ssrn.2704627","DOIUrl":"https://doi.org/10.2139/ssrn.2704627","url":null,"abstract":"Contrasting with social insurance taxes and the key revenue raising role of VAT for northern European welfare states, Australia’s income tax has funded expansion of Australia’s social security system. The uniform income tax plan of 1942 unified Australia’s system of income taxes, and was central to funding the introduction of Australia’s unique social security system, establishing national child endowment, unemployment benefits and the widows’ pension in 1944.This article will describe the increasing reliance of Australian states on income taxation during the period 1915 to 1942, and the constraints arising from the increasing mobility of taxpayers and post-Federation economic integration; show how these states’ income tax policies responded to the economic shocks of the Depression which depleted the states’ revenues contemporaneously with increasing demands on governments to provide social protection; and identify how the concepts, design and administration of state income taxes were embedded in Australia’s national tax and social security systems established between 1942 and 1944.The design of Australia’s unified income tax system was not based on a clean slate, nor was it simply an expedient response to wartime revenue or macroeconomic management needs. In this article, it is shown to be based on an income tax template derived closely from Australian state income taxes during the interwar period, reconfigured by the economic shocks of the Depression years, and glued together by federal/state finance institutions and agreements which redistributed national revenues to less affluent jurisdictions. Income tax unification addressed the key barriers to funding adequate social protection that had confronted states during the Depression.","PeriodicalId":262460,"journal":{"name":"LSN: Public Tax Law - Non-U.S. (Topic)","volume":"13 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2015-10-15","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"122269433","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}

{"title":"Surcharges and Penalties in UK Tax Law","authors":"R. de la Feria, Parintira Tanawong","doi":"10.2139/SSRN.2648049","DOIUrl":"https://doi.org/10.2139/SSRN.2648049","url":null,"abstract":"This paper reviews the tax penalties' regime in the UK, in the context of a general anti-evasion policy. It argues that the global economic crisis has had a significant impact in the UK surcharges and penalties system, intensifying the process initiated before, towards a much tougher regime. This new approach can be explained party on the basis of traditional considerations, such of deterrence and punishment; there is the suspicion, however, that it may be also based on other considerations, namely as an additional source of revenue, or as compensatory measure for the revenue lost through fraud. It concludes that tax penalties whose ratio is no longer (solely) deterrence are disproportionate, and as such, contrary to EU law, and the ECHR.","PeriodicalId":262460,"journal":{"name":"LSN: Public Tax Law - Non-U.S. (Topic)","volume":"21 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2015-07-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"114818097","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}

{"title":"Ottawa's Secret Debt: The Burden and Risks of Federal Employee Pensions","authors":"W. Robson, A. Laurin","doi":"10.2139/SSRN.2609524","DOIUrl":"https://doi.org/10.2139/SSRN.2609524","url":null,"abstract":"The unfunded liability in the pension plans for federal government employees was $90 billion higher than the reported number in 2013/14, says a new report from the C.D. Howe Institute. In “Ottawa’s Secret Debt: The Burden and Risks of Federal Employee Pensions,” authors William B.P. Robson and Alexandre Laurin argue that the way Ottawa reports its pension obligations obscures the cost its plans currently impose on Canadian taxpayers, and leaves Canadians in the dark about how changes in economic circumstances cause that burden to shrink or to grow.","PeriodicalId":262460,"journal":{"name":"LSN: Public Tax Law - Non-U.S. (Topic)","volume":"70 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2015-05-07","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"124415259","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}

{"title":"Solicitor-Client Privilege in the Context of Tax Advice","authors":"Jason T. Kujath","doi":"10.2139/SSRN.2571092","DOIUrl":"https://doi.org/10.2139/SSRN.2571092","url":null,"abstract":"The purpose of this paper is to set out the essential principles of privilege and to highlight why privilege, as a fundamental concept to the proper administration of justice, does not apply to communications other than those made with a lawyer for a legal purpose. The general discussion of privilege is to provide a basic understanding of privilege to facilitate the discussion surrounding whether it is appropriate to extend it to tax accountants. Lastly, the paper provides general recommendations for tax advisors regarding the protection of documents from disclosure.","PeriodicalId":262460,"journal":{"name":"LSN: Public Tax Law - Non-U.S. (Topic)","volume":"22 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2015-02-26","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"122128249","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}

{"title":"The Distribution of Income and Taxes/Transfers in Canada: A Cohort Analysis","authors":"D. Crisan, K. Mckenzie, J. Mintz","doi":"10.11575/SPPP.V8I0.42499","DOIUrl":"https://doi.org/10.11575/SPPP.V8I0.42499","url":null,"abstract":"Who pays and how much? These are crucial questions for any tax system and, given the complexity of the economy, they are also among the most difficult to answer. This paper undertakes an analysis of the distribution of taxes and transfers in Canada using a static approach based on annual income combined with the novel approach of breaking down taxpayers by age cohort. The paper examines how tax rates net of transfers differ by age and income group, and how those rates change over taxpayers’ lifetimes. It clearly reveals the progressive nature of Canada’s tax system. In our base case scenario, when all age cohorts are considered together and transfers are treated as negative taxes, the first two quintiles of the income distribution are net recipients of government transfers with negative net tax rates equal to about -48 percent for the first quintile and -33 percent for the second quintile. For middle to high-income individuals net tax rates are positive and increase with income, from 10 percent for the median group, to 24 percent for the fourth quintile and 34 percent for the fifth quintile. Looking at net tax rates by age cohort, we find that overall the bottom 20 percent of the income distribution is a net recipient of fiscal transfers at all ages. However, on average for individuals 65 and over all but the top 20 percent of the income distribution are net recipients of fiscal transfers, with negative net tax rates. The age related redistributive nature of Canada’s tax system is further emphasized by an examination of the Gini coefficients for each age cohort, calculated here for the first time. Starting at age 30, before taxes and transfers income inequality is found to rise monotonically with age, leveling off at 65. Taxes and transfers reduce the degree of income inequality significantly for all ages, but substantially more so for the elderly due to age related features of the tax and transfer system. If redistribution can be thought of as a one of the fundamental features of the tax and transfer system in Canada, the extent to which it is targeted at the elderly is an important secondary feature.","PeriodicalId":262460,"journal":{"name":"LSN: Public Tax Law - Non-U.S. (Topic)","volume":"60 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2015-02-10","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"126526885","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}

{"title":"The Responsibility of Judges in Interpreting Tax Legislation: Japan's Experience","authors":"Yoshihiro Masui","doi":"10.60082/2817-5069.2818","DOIUrl":"https://doi.org/10.60082/2817-5069.2818","url":null,"abstract":"This article was contributed to the special isse of Osgoode Hall Law Journal Volume 52, Issue 2 (Summer 2015) \"Tax Policy for a Better Tomorrow: Intersectoral and Multidisciplinary Connections, a Workshop in Honour of Neil Brooks,\" Guest Editor: Tim Edgar, Thaddeus Hwong & Jinyan Li.The purpose of this article is to uncover Japanese judges’ approaches to interpreting and applying Japanese tax legislation. The goal is to contribute a positive, rather than a normative, analysis of current Supreme Court of Japan (SCJ) tax jurisprudence. In doing so, the article demonstrates that Japanese judges indeed play a significant role in the tax law-making process.The SCJ tends to adopt a literal approach to the interpretation of tax legislation, but with due regard to the object and purpose of specific statutory provisions. This does not mean that SCJ justices constrain their reasoning based on an originalist approach to statutory interpretation. Instead, this article argues that they make their own judgments, taking into account the plain meaning of the words as well as the purpose of the legislation.Part I provides an overview of the constitutional origins of Japanese tax legislation, and the structure of the judiciary and tax-related tribunals in Japan. Part II examines Japanese judges’ approaches to statutory interpretation in SCJ tax jurisprudence. The section discusses cases in which the SCJ has adopted either narrow or broad interpretations of statutory language based on literal or teleological approaches to statutory interpretation. The section also examines cases in which SCJ justices have interpreted taxation provisions that incorporated concepts transplanted from private law. Part III turns to legislative and judicial responses to tax avoidance in Japan. Japanese tax legislation has a number of relatively broad Specific Anti-Avoidance Rules (SAARs) but does not have a General Anti-Avoidance Rule (GAAR). The analysis demonstrates that, overall, Japanese judges’ responses to tax avoidance are rather constrained, though more recent decisions indicate a trend toward rejecting abusive tax avoidance schemes based on rather creative approaches to statutory interpretation.","PeriodicalId":262460,"journal":{"name":"LSN: Public Tax Law - Non-U.S. (Topic)","volume":"17 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2015-01-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"129128474","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}

{"title":"Mining Taxation in Colombia","authors":"Duanjie Chen, Guillermo E. Perry","doi":"10.2139/ssrn.2567778","DOIUrl":"https://doi.org/10.2139/ssrn.2567778","url":null,"abstract":"English Abstract: This paper first assesses the current Colombian mining tax-and-royalty regime in comparison with other countries from the points of view of efficiency, competitiveness and revenue performance. The report then discusses the theoretical convenience of introducing alternative designs for a resource rent tax (RRT) to be applied to new mining projects, together with a reduced common royalty rate for all minerals, and simulates their potential efficiency, competitiveness and revenue-performance effects. In particular, it examines alternative interactions between the RRT, the royalty regime and the corporate income tax (royalties creditable against the RRT or deductible from its tax base; accepting or not corporate income tax deductibility from the RRT tax base), under alternative RRT tax rates. It also discusses alternative capital return allowances and the pros and cons of project-by-project versus sectorial ring fencing, and sharing RRT revenues between the national and sub-national governments. It concludes with a detailed blueprint for reform based on these discussions, assessments and simulations, as well as political economy and administrative considerations for the specific case of Colombia. Spanish Abstract: Este trabajo evalua la eficiencia, competitividad y capacidad de recaudo del regimen tributario y de regalias colombiano en comparacion con el de otros paises mineros relevantes. Posteriormente, propone la implementacion de un “Resource Rent Tax” (RRT) para proyectos mineros futuros (junto con una reduccion y unificacion de la tasa de regalias entre minerales) y modela el impacto que tendria este sobre la eficiencia y el recaudo. Se examinan la interaccion entre el RRT, las regalias y el impuesto de renta bajo distintos disenos y tasas de RRT y costo de oportunidad del capital. Tambien se analiza si es preferible tener “ring-fencing” a nivel de proyecto o a nivel sectorial. El trabajo concluye con una propuesta de reforma junto con consideraciones administrativas y politicas para una exitosa implementacion.","PeriodicalId":262460,"journal":{"name":"LSN: Public Tax Law - Non-U.S. (Topic)","volume":"242 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2014-12-09","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"115656576","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}

{"title":"Deduction of Interest and Other Borrowing Costs in Singapore: A Review of the Principles Set Out in Three Recent Court of Appeal Decisions","authors":"E. Poh","doi":"10.2139/SSRN.2516256","DOIUrl":"https://doi.org/10.2139/SSRN.2516256","url":null,"abstract":"The decisions of the Singapore Court of Appeal in three recent cases have cleared up much of the uncertainty surrounding the interpretation of the law applicable to the income tax deduction of interest and other borrowing costs in Singapore. The purpose of this article is to review the principles underlying the deduction of such costs following from these cases and the issues previously in dispute that have since been resolved.","PeriodicalId":262460,"journal":{"name":"LSN: Public Tax Law - Non-U.S. (Topic)","volume":"47 4","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2014-10-07","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"120981801","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}

{"title":"The Tax Status of Hobbies and Other Loss-Making Activities in New Zealand","authors":"Andrew M. C. Smith","doi":"10.2139/SSRN.2319199","DOIUrl":"https://doi.org/10.2139/SSRN.2319199","url":null,"abstract":"A feature of New Zealand’s income tax regime is that it imposes tax on a “gross-global” basis which was clarified with the enactment of revised core provisions in 1994. A consequence imposing income tax on a “gross” basis is that whether a receipt is liable to income tax is done so in isolation without any consideration as to whether there is a resultant net income or loss produced. The “global” basis of imposing income tax means that any such losses can be offset against any other income the taxpayer has from other sources. For several decades the Commissioner of Inland Revenue regularly reviewed tax losses reported by taxpayers with the aim of denying offset of those losses against other income where there was little prospect of the taxpayer’s activity becoming profitable. However, after the decision of the 1985 Court of Appeal in Grieve v. CIR 6 NZTC 61,682 and the enactment of revised core provisions in 1994, his scope for doing so is not as broad as was prior to these events.This paper examines the issue of whether an offset should be allowed for losses arising from activities which have poor prospects of future profitability. In particular arguments can be made for clarifying the tax status of hobby or recreational activities which are not primarily carried on with the objective of earning income but may produce gross income from time to time. A further advantage of having a specific provision to deal with these activities is that is a prescribed treatment could be offered for any past losses should that hobby metamorphose into a profitable business. Another area would be where such a rule could be applied is in the area of rental property where excessive outgoings may be incurred by a taxpayer relative to its rental generation capacity, which will ultimately be recovered by the property’s disposal at a capital gain. Consideration of the recent reforms to “mixed-use” assets will also be made as well as the non-commercial loss rules in the Australian tax regime.","PeriodicalId":262460,"journal":{"name":"LSN: Public Tax Law - Non-U.S. (Topic)","volume":"14 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2012-12-30","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"126342212","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}

{"title":"Indian AAR Re-Characterizes Capital Gains Arising on Buyback of Shares as Dividends","authors":"Rustam Singh Thakur","doi":"10.2139/SSRN.2055719","DOIUrl":"https://doi.org/10.2139/SSRN.2055719","url":null,"abstract":"The taxation of cross-border transactions involving the transfer of shares of an Indian company to a Mauritius-based shareholder and the applicability of the India-Mauritius treaty has been a controversial and divisive issue for many years. This ruling highlights the determination of the Indian tax authorities to block attempts at treaty shopping, albeit in an indirect manner. Although India did not have a general anti-avoidance rule (GAAR) when the transaction took place, the tax authorities had argued that the transaction was an attempt at tax avoidance and should be termed “colorable.” The AAR's re-characterization of capital gains as dividends is the first of its kind and seeks to ignore the very form of the transaction.","PeriodicalId":262460,"journal":{"name":"LSN: Public Tax Law - Non-U.S. (Topic)","volume":"89 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2012-04-17","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"132150255","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}