World Tax Journal最新文献

Banned: Fishing in the Data Tax Lake? 禁言：在数据税湖中钓鱼？

World Tax Journal Pub Date : 2024-05-24 DOI: 10.59403/8qrdfa

L. Keunen

引用次数: 0

The Skewed Playing Field between Private Equity and Family Ownership Hemmed in by Intra- and Inter-Country Tax Non-Neutralities 私募股权投资与家族所有制之间扭曲的竞争环境受到国内和国家间税收不中立的影响

World Tax Journal Pub Date : 2024-05-16 DOI: 10.59403/emtrqd

D. Imparato

{"title":"The Skewed Playing Field between Private Equity and Family Ownership Hemmed in by Intra- and Inter-Country Tax Non-Neutralities","authors":"D. Imparato","doi":"10.59403/emtrqd","DOIUrl":"https://doi.org/10.59403/emtrqd","url":null,"abstract":"This article investigates the ownership and management dynamics of private equity investments and family-controlled holdings in the United Kingdom and Italy, and reveals a tax imbalance in their pursuit of corporate control over publicly listed firms. By employing an interdisciplinary approach and a quantitative case study analysis applied to corporate and tax planning, this article illustrates that whereas UK taxation favours private equity, Italy leans towards controlling families, highlighting its implications for the private equity industry’s competitiveness and family inter generational succession, both domestically and across borders. Hence, with no ex ante preference for a specific form of ownership model (family or private equity), the article sheds light on the impact of tax considerations on corporate control decisions, and therefore advocates for tax neutrality to level the playing field between family and private equity control. Last, the article observes a greater reliance on leverage in private equity corporate governance models compared to controlling families, suggesting that it is not the legal availability of a tax shelter (interest deductions) per se that prompts its use, but rather the controlling investor's profile that weighs on borrowing preferences.","PeriodicalId":504227,"journal":{"name":"World Tax Journal","volume":"29 9","pages":""},"PeriodicalIF":0.0,"publicationDate":"2024-05-16","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"140966643","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}

引用次数: 0

Breaking the Double Tax Paradigm 打破双重征税模式

World Tax Journal Pub Date : 2024-04-25 DOI: 10.59403/25cmxc

J. Lammers, T. Magalhaes

{"title":"Breaking the Double Tax Paradigm","authors":"J. Lammers, T. Magalhaes","doi":"10.59403/25cmxc","DOIUrl":"https://doi.org/10.59403/25cmxc","url":null,"abstract":"The success story of economic globalization is often linked to an increased freedom of capital movement, facilitated by the existence of more than 3,000 bilateral tax treaties, the primary purpose of which is to prevent double taxation. Even the most outspoken critics of the international tax regime subscribe to the notion that double taxation is detrimental to global growth, development and welfare. Yet, they argue that, all things considered, tax treaties might not be worth signing. Based on an extensive review of the available tax policy and economics literature, this article shows that there is not enough of a normative or empirical basis for thinking that double taxation will necessarily restrict capital flows, provided that the combined effective tax burden is kept at a reasonable level. At the same time, treaties seem to provide investors with a legal certainty that is key to cross-border business activity. This article posits that there should be more emphasis on the legal certainty aspect of tax treaties and less on their limited capacity to prevent double taxation. In fact, relaxing the double tax paradigm could help to significantly improve tax treaties, with a view to preserving their role in fostering international commerce and investment. In this respect, the authors propose a simplified tax treaty model that, by allowing an agreed overlap between home-state and host-state taxes, would diminish overall implementation costs while increasing legal certainty and reducing the risk of lengthy tax disputes, thus benefiting both taxpayers and tax administrations. The article further demonstrates that this approach is superior to the current Pillar One proposal and other popular systemic reform suggestions in the literature, specifically the destination-based cashflow tax (DBCFT) and global formulary apportionment.","PeriodicalId":504227,"journal":{"name":"World Tax Journal","volume":"31 22","pages":""},"PeriodicalIF":0.0,"publicationDate":"2024-04-25","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"140657437","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}

引用次数: 0

Taxation of Remote Workers – Is the Allocation of Taxation Rights in Line with the Benefit Principle? 对远程工作者征税--征税权的分配是否符合利益原则？

World Tax Journal Pub Date : 2023-12-04 DOI: 10.59403/sxfvyd

C. Schwartz

{"title":"Taxation of Remote Workers – Is the Allocation of Taxation Rights in Line with the Benefit Principle?","authors":"C. Schwartz","doi":"10.59403/sxfvyd","DOIUrl":"https://doi.org/10.59403/sxfvyd","url":null,"abstract":"This article deals with the taxation of the increasingly growing workforce able to perform their work remotely. The phenomenon of remote work has experienced rapid growth, particularly accelerated by the COVID-19 pandemic when employees were recommended or obliged to work from home due to government lockdowns and restrictions. With the increasing prevalence of remote work, employers are able to recruit personnel globally, transcending the limitations of local recruitment markets. Consequently, the jurisdiction for taxing employee income may change compared to work performed physically on site. In the article, the author analyses how the various articles of the OECD Model addressing employment income allocate the right to tax the income of an employee in situations of remote work. Additionally, the author raises the question whether the outcomes derived from the allocation rules in remote work scenarios align with the benefit principle. The benefit principle states that a taxpayer should pay taxes in line with the benefits received from public services in a state, and the author uses it to measure whether the states involved in the income-generating activity are sufficiently able to tax that income.","PeriodicalId":504227,"journal":{"name":"World Tax Journal","volume":"54 1","pages":""},"PeriodicalIF":0.0,"publicationDate":"2023-12-04","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"139186979","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}

引用次数: 0

Public Health Taxes: Should Sugar-Sweetened Beverages Be Taxed? If So, How? 公共健康税：是否应该对含糖饮料征税？如果征税，如何征税？

World Tax Journal Pub Date : 2023-12-01 DOI: 10.59403/1y9cy8a

R. García Antón, C. Oner

{"title":"Public Health Taxes: Should Sugar-Sweetened Beverages Be Taxed? If So, How?","authors":"R. García Antón, C. Oner","doi":"10.59403/1y9cy8a","DOIUrl":"https://doi.org/10.59403/1y9cy8a","url":null,"abstract":"Due to increasing health concerns associated with sugar consumption, the World Health Organization (WHO) has recommended the implementation of taxes targeting sugar-sweetened beverages (SSBs). This article endeavours to reconnect the actual research with the potential legal framework for SSB taxation through a comparative approach. Its objective is to provide policymakers with insights into whether to introduce such taxation, the various approaches available and the resulting effects. The authors contend that SSB taxes serve as regulatory measures intended to reduce sugar consumption and address externalities. In comparison with other regulatory non-fiscal tools (total ban/minimum price policy) or fiscal policies (rising VAT rates), excise duties better fit the extra-fiscal goals associated with public health. Consequently, they propose that SSB taxes should be designed as follows: (i) covering all kinds of sugar/sweeteners, avoiding the recourse to a closed list; (ii) levying specific excise taxes in proportion to the sugar content; (iii) ensuring obligatory pass-through of these taxes to consumers; and (iv) earmarking a portion of the revenue to support health programmes and preventive campaigns.","PeriodicalId":504227,"journal":{"name":"World Tax Journal","volume":"102 1","pages":""},"PeriodicalIF":0.0,"publicationDate":"2023-12-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"139191190","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}

引用次数: 0

The Single Top-Up Tax Principle: Justification, Content and Functions upon the Design of QDMTTs 单一最高税率原则：单一最高税率原则：理由、内容和对设计合格印花税的作用

World Tax Journal Pub Date : 2023-11-02 DOI: 10.59403/1jrtj2b

Galendi

引用次数: 0

Pillar Two and Developing Countries: The Perils of Jurisdictional Blending 第二支柱与发展中国家：管辖权混合的危险

World Tax Journal Pub Date : 2023-10-12 DOI: 10.59403/17a06w8

R. C. L. Pereira

引用次数: 0

A New Scenario in International Tax Law: Two Proposals to Rethink the OECD Model in Response to the Generalization of Distance Work by Employees 国际税法的新局面：针对雇员远程工作的普遍化重新思考经合组织模式的两项建议

World Tax Journal Pub Date : 2023-07-18 DOI: 10.59403/wh5spm

I. Rovira Ferrer