EJournal of Tax Research最新文献

{"title":"Education Has Been 'Dumbed-Down' in Tax Reform","authors":"Melanie G. McCoskey, Doron Narotzki","doi":"10.5744/ftr.2019.1585","DOIUrl":"https://doi.org/10.5744/ftr.2019.1585","url":null,"abstract":"With promises of “Make America Great Again” and tax reform for “middle-class” Americans, the current federal government administration has implied that the average American would become more prosperous under this tax system. It is no surprise that most middle-class Americans view a college education as a requirement for achieving a better life. However, under the TCJA, education has not fared well, and in reality, students from many low-and moderate-income families will face reduced scholarships from elite schools, thereby reducing diversity on these campuses. Other proposed changes to education in the original tax bill, which were later removed, are also addressed as future legislative changes may revisit them.","PeriodicalId":54058,"journal":{"name":"EJournal of Tax Research","volume":null,"pages":null},"PeriodicalIF":0.3,"publicationDate":"2019-11-13","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"75054798","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":"Burden of Proof in Tax Cases: Valuation and Ranges — An Update","authors":"John A. Townsend","doi":"10.2139/ssrn.3489925","DOIUrl":"https://doi.org/10.2139/ssrn.3489925","url":null,"abstract":"In this Article, the author discusses the difficulty in many valuation cases of determining a definite valuation point by the required degree of persuasion (more likely than not in most civil cases). This point was made cogently in Cede & Co. v. Technicolor, Inc., a frequently cited opinion by the Delaware Court of Chancery, a forum for significant litigation involving corporate valuations: \u0000 \u0000[I]t is one of the conceits of our law that we purport to declare something as elusive as the fair value of an entity on a given date. . . . [V]aluation decisions are impossible to make with anything approaching complete confidence. Valuing an entity is a difficult intellectual exercise, especially when business and financial experts are able to organize data in support of wildly divergent valuations for the same entity. For a judge who is not an expert in corporate finance, one can do little more than try to detect gross distortions in the experts’ opinions. This effort should, therefore, not be understood, as a matter of intellectual honesty, as resulting in the fair value of a corporation on a given date. The value of a corporation is not a point on a line, but a range of reasonable values, and the judge’s task is to assign one particular value within this range as the most reasonable value in light of all the relevant evidence and based on considerations of fairness. \u0000 \u0000Corporate valuations for estate tax are just one context of tax litigation, but there are many other contexts. A prominent example for some time now has been transfer pricing. \u0000 \u0000Sometimes when ranges are identified, arbitrary conventions (such as the midpoint in trades as in the case of publicly-traded stock) can be used to determine the value in tax litigation. But when there is no such convention that should be applied, the burden of persuasion can resolve the valuation issue by identifying the range. The party bearing the burden of persuasion (or risk of non-persuasion) then has persuaded only as to the end of the range that does not favor that party; the value, based on persuasion, is determined accordingly. \u0000 \u0000The party bearing the burden of persuasion in tax cases is usually the taxpayer. In this Article, the author discusses interesting features of the burden and how, at least before the Tax Court, the burden of persuasion might shift to the Service under the Supreme Court’s decision in Helvering v. Taylor, which the author urges is often misunderstood. \u0000 \u0000Another benefit of identifying a range of values is that, if it is determined on appeal that the trier of fact misapplied the burden of persuasion but did identify the range, the court of appeals can resolve the case by picking the other end of the range (unless a successful attack is made on the trial court’s choice for the ends of the range).","PeriodicalId":54058,"journal":{"name":"EJournal of Tax Research","volume":null,"pages":null},"PeriodicalIF":0.3,"publicationDate":"2019-11-05","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"87243729","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":"Préstamos intragrupo en la normativa española sobre operaciones vinculadas del Impuesto sobre sociedades (Intra-group Loans within the Spanish Transfer Pricing Regulations)","authors":"Aitor Navarro","doi":"10.2307/j.ctv102bk7q.7","DOIUrl":"https://doi.org/10.2307/j.ctv102bk7q.7","url":null,"abstract":"<b>Spanish abstract:</b> En este trabajo se abordan cuestiones referidas análisis de comparabilidad en operaciones de préstamo intragrupo en el marco de la normativa sobre operaciones vinculadas de la Ley del Impuesto sobre sociedades. La finalidad que se persigue es el establecimiento de un marco adecuado de buenas prácticas a partir del análisis crítico de las recomendaciones de la OCDE, la jurisprudencia española y la doctrina que ha tenido ocasión de abordar esta materia.<br><br><b>English abstract:</b> In this paper the author examines transfer pricing issues referred to intra-group loan agreements in the framework of the Spanish corporate tax law. The aim is to establish an adequate framework of best practices through the critical analysis of OECD recommendations, Spanish case law and literature on the subject matter.","PeriodicalId":54058,"journal":{"name":"EJournal of Tax Research","volume":null,"pages":null},"PeriodicalIF":0.3,"publicationDate":"2019-11-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"84812899","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":"How Countervailing Measures Could Be Used to Limit Strategic Tax Competition. An International Overview","authors":"C. Garbarino","doi":"10.2139/ssrn.3620087","DOIUrl":"https://doi.org/10.2139/ssrn.3620087","url":null,"abstract":"The paper focuses on possible policy responses that imply forms of multilateral governance to address tax competition that go beyond the current bilateralism of tax treaties. After clarifications on the nature of countervailing measures in the area of direct taxation, the paper develops a discussion of the impacts of tax competition on the global and local level and an inquiry about the shift from value creation to global taxation of multinational enterprises (MNEs), minimum standards for the taxation of MNEs in light of the fact that these entities fragment their tax liabilities across different territorial jurisdictions while their profits are truly planetary. The article then extends to issues of institutional design and develops an analysis of potential avenues for promoting multilateral policies aiming at the establishment of defensive coalitions of Governments again the impacts of tax competition.\u0000global tax governance, tax competition, countervailing measures, OECD Pillar 1 and 2, BEPS, aggressive tax strategies","PeriodicalId":54058,"journal":{"name":"EJournal of Tax Research","volume":null,"pages":null},"PeriodicalIF":0.3,"publicationDate":"2019-10-31","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"82707481","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":"Taxing Residential Solar","authors":"E. Yale, Gregg D. Polsky","doi":"10.2139/ssrn.3470135","DOIUrl":"https://doi.org/10.2139/ssrn.3470135","url":null,"abstract":"Residential solar systems are becoming commonplace in many regions of the United States. Use of such systems raises issues in tax doctrine and policy that are not well appreciated and have not yet been systematically analyzed. The goals of this article are threefold: (1) to identify the main issues and to organize them into a coherent framework, (2) to analyze the doctrinal and policy ramifications of present law, and (3) to suggest improvements to present law.","PeriodicalId":54058,"journal":{"name":"EJournal of Tax Research","volume":null,"pages":null},"PeriodicalIF":0.3,"publicationDate":"2019-10-15","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"75375778","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":"Perpetual Research: Financial Law Issues","authors":"Bogdan Chihai","doi":"10.2139/ssrn.3469536","DOIUrl":"https://doi.org/10.2139/ssrn.3469536","url":null,"abstract":"Through this paper we want to highlight some aspects regarding the concerns of a Romanian author, under the aspect of the research undertaken on topics of Public Financial Law. For this, we will consider a last editorial appearance of it [I. Bostan, Specific problems of financial law. The replies of the delegate legislator (2014-2019) / RO: Probleme punctuale de drept financiar. Replici ale legiuitorului delegat (2014-2019), Tipo Moldova Publishing House, 2019].","PeriodicalId":54058,"journal":{"name":"EJournal of Tax Research","volume":null,"pages":null},"PeriodicalIF":0.3,"publicationDate":"2019-10-14","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"78076940","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":"Why Can't the Germans...? English as Lingua Franca for Tax Treaties","authors":"R. X. Resch","doi":"10.54648/taxi2019093","DOIUrl":"https://doi.org/10.54648/taxi2019093","url":null,"abstract":"This article is a reply to Martin Wichmann’s reply from a German perspective to John F. Avery Jones’s article ‘Why Can’t the English … ?’, both published in the Bulletin for International Taxation of the International Bureau of Fiscal Documentation (IBFD), 2019 (Volume 73), No. 6/7. It argues that Wichmann’s concerns against Avery Jones’s suggestion for English-speaking countries to follow the lead of non-English speaking countries in concluding tax treaties with an English prevailing text or only in English are unfounded, and that also the few remaining non- English speaking countries with a tendency not to conclude treaties with English prevailing texts should embrace the emerging global reality of English as lingua franca for tax treaties. The article is based on an analysis of 3,358 tax treaties currently in force or yet to come into force.","PeriodicalId":54058,"journal":{"name":"EJournal of Tax Research","volume":null,"pages":null},"PeriodicalIF":0.3,"publicationDate":"2019-10-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"91206605","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 Behavioral Elasticity of Tax Revenue","authors":"Daniel Hemel, D. Weisbach","doi":"10.2139/ssrn.3462705","DOIUrl":"https://doi.org/10.2139/ssrn.3462705","url":null,"abstract":"This article presents a new measure of the efficiency consequences of tax policies and explains how this new measure can shed light on a wide range of tax law debates. We build upon the “elasticity of taxable income” approach pioneered by public finance scholars over the last quarter century and extend that approach to address complex tax systems with multiple rates, multiple bases, and administrative and compliance costs. The resulting measure — the behavioral elasticity of taxable revenue, or BETR — captures the change in real resources available to society caused by any marginal change in tax rates, the tax base, or tax enforcement. We argue that the BETR can serve as a guide to a wide range of tax policy issues, and we illustrate the BETR’s utility by applying it to questions such as the proper treatment of mixed personal/business expenses, the appropriate aggressiveness of efforts to address tax shelters, and the optimal mix of audits, recordkeeping and reporting requirements, and penalties. We also consider the relationship between the BETR and the distributive aims of tax law. While the BETR is a measure of efficiency and not distribution, the BETR can aid policymakers in deciding both how much to redistribute and how to accomplish distributive objectives most efficiently. We end with reflections on the implications of the BETR for the design of non-tax legal rules.","PeriodicalId":54058,"journal":{"name":"EJournal of Tax Research","volume":null,"pages":null},"PeriodicalIF":0.3,"publicationDate":"2019-10-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"84478970","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":"A Supplemental Expenditure Tax for Canada","authors":"Victor Thuronyi","doi":"10.32721/ctj.2019.67.3.sym.thuronyi","DOIUrl":"https://doi.org/10.32721/ctj.2019.67.3.sym.thuronyi","url":null,"abstract":"A supplemental expenditure tax (SET) could be imposed at progressive rates in addition to the income tax, and income tax rates lowered correspondingly. The SET is a progressive cash flow consumption tax originally proposed by Nicholas Kaldor in 1955. Its enactment would facilitate income tax reform and simplification--for example, by taxing capital gains at the same rates as ordinary income--and would enable the alternative minimum tax to be repealed. It could be designed so as to facilitate compliance with little additional information required beyond what already has to be gathered for income tax purposes.","PeriodicalId":54058,"journal":{"name":"EJournal of Tax Research","volume":null,"pages":null},"PeriodicalIF":0.3,"publicationDate":"2019-09-30","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"74275409","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":"Blockchain: Technology as a Tool for Tax Information Exchange or an Instrument Threatening the Taxpayer’s Privacy?","authors":"G. Bossa, Eduardo de Paiva Gomes","doi":"10.2139/ssrn.3540277","DOIUrl":"https://doi.org/10.2139/ssrn.3540277","url":null,"abstract":"This article intend to analyze specifically and in a non-exhaustive format (i) the blockchain technology, (ii) discuss, in general terms, the obstacles in the use of this tool by tax authorities to obtain information and efficiently cross-check data and (iii) present the practical challenges to its implementation from the perspective of taxpayer rights and information security.","PeriodicalId":54058,"journal":{"name":"EJournal of Tax Research","volume":null,"pages":null},"PeriodicalIF":0.3,"publicationDate":"2019-09-12","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"80526304","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}