STEVEN A. BANK
- Published in print:
- 2010
- Published Online:
- May 2010
- ISBN:
- 9780195326192
- eISBN:
- 9780199775811
- Item type:
- chapter
- Publisher:
- Oxford University Press
- DOI:
- 10.1093/acprof:oso/9780195326192.003.006
- Subject:
- Law, Legal History
This chapter discusses the roots of double taxation. The 1930s marked a shift in tax policy toward corporations. Much of the focus during the post-war years had been on creating a separate corporate ...
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This chapter discusses the roots of double taxation. The 1930s marked a shift in tax policy toward corporations. Much of the focus during the post-war years had been on creating a separate corporate tax that would permit corporations to shield retained earnings from the high individual rates so they could be reinvested in the business. Toward the end of the 1920s, however, and in particular after the stock market crash in 1929 and the onset of the Great Depression, it became apparent that that there was a dark side to this system that enabled the locking-in of the earnings from corporate capital. President Franklin Delano Roosevelt and Congress initiated a number of corporate tax reforms designed to address the difficulties associated with earnings lock-in. Perhaps most controversial, legislation aimed at the problem of earnings lock-in was the enactment of an undistributed profits tax in 1936. Not only was this tax short-lived, but it led corporate managers and their representatives to support double taxation as a defensive maneuver against the punitive taxation of retained earnings.Less
This chapter discusses the roots of double taxation. The 1930s marked a shift in tax policy toward corporations. Much of the focus during the post-war years had been on creating a separate corporate tax that would permit corporations to shield retained earnings from the high individual rates so they could be reinvested in the business. Toward the end of the 1920s, however, and in particular after the stock market crash in 1929 and the onset of the Great Depression, it became apparent that that there was a dark side to this system that enabled the locking-in of the earnings from corporate capital. President Franklin Delano Roosevelt and Congress initiated a number of corporate tax reforms designed to address the difficulties associated with earnings lock-in. Perhaps most controversial, legislation aimed at the problem of earnings lock-in was the enactment of an undistributed profits tax in 1936. Not only was this tax short-lived, but it led corporate managers and their representatives to support double taxation as a defensive maneuver against the punitive taxation of retained earnings.
STEVEN A. BANK
- Published in print:
- 2010
- Published Online:
- May 2010
- ISBN:
- 9780195326192
- eISBN:
- 9780199775811
- Item type:
- chapter
- Publisher:
- Oxford University Press
- DOI:
- 10.1093/acprof:oso/9780195326192.003.007
- Subject:
- Law, Legal History
The turning point in the development of the corporate tax may have been the decade following World War II. There was significant consensus that the taxation of corporations was problematic. ...
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The turning point in the development of the corporate tax may have been the decade following World War II. There was significant consensus that the taxation of corporations was problematic. Businesses had borne a significant brunt of the burden during the war. Over a four-year period, corporate income tax rates had more than doubled from 19 to 40 percent, and Congress enacted a new excess profits tax at rates topping out at 95 percent. By January of 1946, at least sixty proposals for the relief of double taxation were in circulation, many of which were repackaged or reintroduced during succeeding years. It was not until 1954, however, as part of a comprehensive revamp of the Internal Revenue Code, that Congress enacted a modicum of dividend tax relief in the form of a phased-in $100 exemption and a 4 percent shareholder credit. This chapter considers four questions: (1) Why did it take so long for dividend tax relief to be enacted, given the initial momentum in favor of reform?; (2) What led dividend tax reform to rise to the top of the agenda in 1954?; (3) Why, given the degree of interest in integration proposals, was the relief so modest? And; (4) Why was it ultimately so short-lived?.Less
The turning point in the development of the corporate tax may have been the decade following World War II. There was significant consensus that the taxation of corporations was problematic. Businesses had borne a significant brunt of the burden during the war. Over a four-year period, corporate income tax rates had more than doubled from 19 to 40 percent, and Congress enacted a new excess profits tax at rates topping out at 95 percent. By January of 1946, at least sixty proposals for the relief of double taxation were in circulation, many of which were repackaged or reintroduced during succeeding years. It was not until 1954, however, as part of a comprehensive revamp of the Internal Revenue Code, that Congress enacted a modicum of dividend tax relief in the form of a phased-in $100 exemption and a 4 percent shareholder credit. This chapter considers four questions: (1) Why did it take so long for dividend tax relief to be enacted, given the initial momentum in favor of reform?; (2) What led dividend tax reform to rise to the top of the agenda in 1954?; (3) Why, given the degree of interest in integration proposals, was the relief so modest? And; (4) Why was it ultimately so short-lived?.
STEVEN A. BANK
- Published in print:
- 2010
- Published Online:
- May 2010
- ISBN:
- 9780195326192
- eISBN:
- 9780199775811
- Item type:
- chapter
- Publisher:
- Oxford University Press
- DOI:
- 10.1093/acprof:oso/9780195326192.003.003
- Subject:
- Law, Legal History
This chapter discusses corporate tax in the early 20th century. The 1894 corporate income tax represented the culmination of a gradual evolution of corporate taxation at the state and federal level ...
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This chapter discusses corporate tax in the early 20th century. The 1894 corporate income tax represented the culmination of a gradual evolution of corporate taxation at the state and federal level during the 19th century, but it was still more closely aligned with the shareholder-centric corporate taxation of the Civil War era than with the modern corporate income tax. It was not until 1909 that Congress actually targeted the corporation with an entity-level tax. In that legislation, Congress imposed an excise tax against corporations, which was measured by corporate income. The 1909 corporate excise tax was imposed in lieu of a general income tax because of the Supreme Court's decision in Pollock that struck down the income tax enacted in 1894. Rather than being the forerunner of the modern corporate income tax, it was the successor to efforts beginning in the Spanish–American War in 1898 to enact a substitute for an income tax that would not run afoul of the Court's ruling. While corporate taxation between the Court's decision in Pollock and the ratification of the Sixteenth Amendment was significant because it targeted the corporation for the first time, the focus was still on reaching the shareholders. Thus, the separate tax principle, which Robert Clark has called one of the fundamental features of the modern corporate income tax system, was not fully introduced until later in the 20th century.Less
This chapter discusses corporate tax in the early 20th century. The 1894 corporate income tax represented the culmination of a gradual evolution of corporate taxation at the state and federal level during the 19th century, but it was still more closely aligned with the shareholder-centric corporate taxation of the Civil War era than with the modern corporate income tax. It was not until 1909 that Congress actually targeted the corporation with an entity-level tax. In that legislation, Congress imposed an excise tax against corporations, which was measured by corporate income. The 1909 corporate excise tax was imposed in lieu of a general income tax because of the Supreme Court's decision in Pollock that struck down the income tax enacted in 1894. Rather than being the forerunner of the modern corporate income tax, it was the successor to efforts beginning in the Spanish–American War in 1898 to enact a substitute for an income tax that would not run afoul of the Court's ruling. While corporate taxation between the Court's decision in Pollock and the ratification of the Sixteenth Amendment was significant because it targeted the corporation for the first time, the focus was still on reaching the shareholders. Thus, the separate tax principle, which Robert Clark has called one of the fundamental features of the modern corporate income tax system, was not fully introduced until later in the 20th century.
Dale W. Jorgenson and Kun‐Young Yun
- Published in print:
- 1991
- Published Online:
- November 2003
- ISBN:
- 9780198285939
- eISBN:
- 9780191596490
- Item type:
- chapter
- Publisher:
- Oxford University Press
- DOI:
- 10.1093/0198285930.003.0004
- Subject:
- Economics and Finance, Public and Welfare
Alternative policy provisions are compared for capital income taxation and the social rates of return in terms of marginal effective tax rates, since, by measuring these for different assets, it is ...
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Alternative policy provisions are compared for capital income taxation and the social rates of return in terms of marginal effective tax rates, since, by measuring these for different assets, it is possible to quantify the sources of distortions in decisions involving the allocation of capital among different uses. Marginal effective tax rates for the USA are presented for capital income over the period 1947–86 for corporate and non-corporate businesses, and households. Differences in the effective tax rates under the 1986 Tax Reform Act (and the pre-existing 1985 Tax Law) are then considered, looking again at the same three categories, and also giving data on social wedges (differences in social rates of return) between the short- and long-lived assets. The last section of the chapter looks at alternative approaches.Less
Alternative policy provisions are compared for capital income taxation and the social rates of return in terms of marginal effective tax rates, since, by measuring these for different assets, it is possible to quantify the sources of distortions in decisions involving the allocation of capital among different uses. Marginal effective tax rates for the USA are presented for capital income over the period 1947–86 for corporate and non-corporate businesses, and households. Differences in the effective tax rates under the 1986 Tax Reform Act (and the pre-existing 1985 Tax Law) are then considered, looking again at the same three categories, and also giving data on social wedges (differences in social rates of return) between the short- and long-lived assets. The last section of the chapter looks at alternative approaches.
STEVEN A. BANK
- Published in print:
- 2010
- Published Online:
- May 2010
- ISBN:
- 9780195326192
- eISBN:
- 9780199775811
- Item type:
- chapter
- Publisher:
- Oxford University Press
- DOI:
- 10.1093/acprof:oso/9780195326192.003.004
- Subject:
- Law, Legal History
This chapter details the advent of the separate corporate tax. Although the ratification of the Sixteenth Amendment in 1913 allowed Congress to adopt an individual income tax, the corporate income ...
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This chapter details the advent of the separate corporate tax. Although the ratification of the Sixteenth Amendment in 1913 allowed Congress to adopt an individual income tax, the corporate income tax remained a complementary, rather than separate, tax. The start of the separate entity-level tax can be traced to the divergence of the corporate and individual income tax rates beginning in World War I and continuing through the 1920s. During the war, Congress acknowledged the increasingly important role of retained earnings as a cushion in the event of downturn and as a fund for investment in the economy. Taxing all business income on the pass-through model applied to partnerships would subject corporate retained earnings to the skyrocketing individual surtax rates. To avoid this, Congress delinked the corporate and individual tax systems and thereby shielded retained earnings from those high individual rates. This began the transformation of the corporate income tax from a shareholder withholding mechanism — a sword — to a separate, entity-level, tax: a shield.Less
This chapter details the advent of the separate corporate tax. Although the ratification of the Sixteenth Amendment in 1913 allowed Congress to adopt an individual income tax, the corporate income tax remained a complementary, rather than separate, tax. The start of the separate entity-level tax can be traced to the divergence of the corporate and individual income tax rates beginning in World War I and continuing through the 1920s. During the war, Congress acknowledged the increasingly important role of retained earnings as a cushion in the event of downturn and as a fund for investment in the economy. Taxing all business income on the pass-through model applied to partnerships would subject corporate retained earnings to the skyrocketing individual surtax rates. To avoid this, Congress delinked the corporate and individual tax systems and thereby shielded retained earnings from those high individual rates. This began the transformation of the corporate income tax from a shareholder withholding mechanism — a sword — to a separate, entity-level, tax: a shield.
STEVEN A. BANK
- Published in print:
- 2010
- Published Online:
- May 2010
- ISBN:
- 9780195326192
- eISBN:
- 9780199775811
- Item type:
- chapter
- Publisher:
- Oxford University Press
- DOI:
- 10.1093/acprof:oso/9780195326192.003.005
- Subject:
- Law, Legal History
This chapter continues the discussion of the transition to a separate corporate income tax in the 20th century. In the first two decades of the 20th century, mergers and acquisitions became ...
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This chapter continues the discussion of the transition to a separate corporate income tax in the 20th century. In the first two decades of the 20th century, mergers and acquisitions became commonplace, with large corporations securing control over many of the nation's largest industries. The first great merger movement, which took place at the turn of the century, was followed soon after by another period of significant consolidation during World War I. Between 1915 and 1920, an average of 139 firms disappeared annually as a result of mergers, with as many as 195 firms merging out of existence each year from 1917 to 1920. The chapter details the events leading to the enactment of the Revenue Acts of 1918, 1921, and 1924.Less
This chapter continues the discussion of the transition to a separate corporate income tax in the 20th century. In the first two decades of the 20th century, mergers and acquisitions became commonplace, with large corporations securing control over many of the nation's largest industries. The first great merger movement, which took place at the turn of the century, was followed soon after by another period of significant consolidation during World War I. Between 1915 and 1920, an average of 139 firms disappeared annually as a result of mergers, with as many as 195 firms merging out of existence each year from 1917 to 1920. The chapter details the events leading to the enactment of the Revenue Acts of 1918, 1921, and 1924.
Chŏng Yagyong
- Published in print:
- 2010
- Published Online:
- March 2012
- ISBN:
- 9780520260917
- eISBN:
- 9780520947702
- Item type:
- chapter
- Publisher:
- University of California Press
- DOI:
- 10.1525/california/9780520260917.003.0006
- Subject:
- History, Asian History
This part of the text contains the English translation of nine chapters in Book VI of Mongmin simsŏ on administration for district magistrates. The chapters discuss the following: land ...
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This part of the text contains the English translation of nine chapters in Book VI of Mongmin simsŏ on administration for district magistrates. The chapters discuss the following: land administration, laws of taxation, grain administration, household registration, justice in levying corvée services, and agriculture.Less
This part of the text contains the English translation of nine chapters in Book VI of Mongmin simsŏ on administration for district magistrates. The chapters discuss the following: land administration, laws of taxation, grain administration, household registration, justice in levying corvée services, and agriculture.
Reuven Avi-Yonah, Nicola Sartori, and Omri Marian
- Published in print:
- 2011
- Published Online:
- May 2011
- ISBN:
- 9780195321357
- eISBN:
- 9780199893690
- Item type:
- book
- Publisher:
- Oxford University Press
- DOI:
- 10.1093/acprof:oso/9780195321357.001.0001
- Subject:
- Law, Company and Commercial Law, Public International Law
This book covers the standard topics regarding income tax, using a comparative perspective. The book considers the US approach as a benchmark and compares it with approaches used in other countries ...
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This book covers the standard topics regarding income tax, using a comparative perspective. The book considers the US approach as a benchmark and compares it with approaches used in other countries that form an interesting contrast, or a telling similarity. Comparative tax studies serve multiple purposes. Many commentators have suggested comparative taxation as an instrument to advance, inter alia, successful tax reforms, cultural understanding, democratic values, legal harmonization, and a better understanding of domestic tax laws. This book is offering a general approach to comparative tax studies that goes beyond the view of comparative taxation as an autonomous field of legal studies.Less
This book covers the standard topics regarding income tax, using a comparative perspective. The book considers the US approach as a benchmark and compares it with approaches used in other countries that form an interesting contrast, or a telling similarity. Comparative tax studies serve multiple purposes. Many commentators have suggested comparative taxation as an instrument to advance, inter alia, successful tax reforms, cultural understanding, democratic values, legal harmonization, and a better understanding of domestic tax laws. This book is offering a general approach to comparative tax studies that goes beyond the view of comparative taxation as an autonomous field of legal studies.
Charles Mitchell and Peter Oliver
- Published in print:
- 2009
- Published Online:
- May 2009
- ISBN:
- 9780199567751
- eISBN:
- 9780191705267
- Item type:
- chapter
- Publisher:
- Oxford University Press
- DOI:
- 10.1093/acprof:oso/9780199567751.003.0014
- Subject:
- Law, Law of Obligations, Philosophy of Law
This chapter considers Martin Loughlin's work on the nature of public law and its implications for claims to recover money paid as tax which is not due. Loughlin argues that most Anglo-American ...
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This chapter considers Martin Loughlin's work on the nature of public law and its implications for claims to recover money paid as tax which is not due. Loughlin argues that most Anglo-American jurists misunderstand public law because they take it to be an autonomous and self-contained body of rules, when its distinctive character actually consists in its role within the political sphere as part of the apparatus of government. The chapter analyses some leading cases on the recovery of overpaid tax from a Loughlinite perspective, arguing that if such claims do not fall exclusively within the public law sphere, then they should at least be seen as hybrids, to be decided with an eye to public law considerations although they are framed as private law actions in unjust enrichment. The point is made that such hybrid claims undermine corrective justice explanations of the law of unjust enrichment because their resolution turns on considerations other than the vindication of the parties' equal status as self-determining actors. Finally, while some cases are shown to be pre-occupied with doctrinal rule-making, others are shown to be more overtly driven by the desire to manage disputes between State and taxpayer in a politically astute way.Less
This chapter considers Martin Loughlin's work on the nature of public law and its implications for claims to recover money paid as tax which is not due. Loughlin argues that most Anglo-American jurists misunderstand public law because they take it to be an autonomous and self-contained body of rules, when its distinctive character actually consists in its role within the political sphere as part of the apparatus of government. The chapter analyses some leading cases on the recovery of overpaid tax from a Loughlinite perspective, arguing that if such claims do not fall exclusively within the public law sphere, then they should at least be seen as hybrids, to be decided with an eye to public law considerations although they are framed as private law actions in unjust enrichment. The point is made that such hybrid claims undermine corrective justice explanations of the law of unjust enrichment because their resolution turns on considerations other than the vindication of the parties' equal status as self-determining actors. Finally, while some cases are shown to be pre-occupied with doctrinal rule-making, others are shown to be more overtly driven by the desire to manage disputes between State and taxpayer in a politically astute way.
John Tiley and Stephen Oliver
- Published in print:
- 2009
- Published Online:
- September 2009
- ISBN:
- 9780199532711
- eISBN:
- 9780191705489
- Item type:
- chapter
- Publisher:
- Oxford University Press
- DOI:
- 10.1093/acprof:oso/9780199532711.003.0046
- Subject:
- Law, Legal History
This chapter focuses on the House of Lords and its contribution to tax law. It considers how a number of issues raised in magisterial work have fared since 1970. It then looks at the most ...
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This chapter focuses on the House of Lords and its contribution to tax law. It considers how a number of issues raised in magisterial work have fared since 1970. It then looks at the most overwhelming change, which is that tax statutes are no longer treated as distinct from other statutes. The cases show the courts moving on from the attitudes of the Duke of Westminster case with its strict construction and unimaginative approach to the facts.Less
This chapter focuses on the House of Lords and its contribution to tax law. It considers how a number of issues raised in magisterial work have fared since 1970. It then looks at the most overwhelming change, which is that tax statutes are no longer treated as distinct from other statutes. The cases show the courts moving on from the attitudes of the Duke of Westminster case with its strict construction and unimaginative approach to the facts.
Erica Bornstein
- Published in print:
- 2012
- Published Online:
- September 2012
- ISBN:
- 9780199916023
- eISBN:
- 9780199950447
- Item type:
- chapter
- Publisher:
- Oxford University Press
- DOI:
- 10.1093/acprof:oso/9780199916023.003.0006
- Subject:
- Political Science, International Relations and Politics
This chapter explains how and why religious charity and secular humanitarianism have been legally separated into two distinctive fields in India. It first describes the nature and extent of religious ...
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This chapter explains how and why religious charity and secular humanitarianism have been legally separated into two distinctive fields in India. It first describes the nature and extent of religious giving in India, and notes that $92 million is donated annually to Hindu shrines. It then looks at three legislative contexts that helped in forming the divide, namely the British Trust law, the formation of the secular constitution of early postindependence India and Personal Law, and the control of modern nongovernmental organizations (NGOs) through Tax Law. It presents a summary of the scope and practice of Hindu religious giving, and then studies how distinctions between secular and religious giving were legally recorded during a period of colonial “noninterference” in Indian custom and religion.Less
This chapter explains how and why religious charity and secular humanitarianism have been legally separated into two distinctive fields in India. It first describes the nature and extent of religious giving in India, and notes that $92 million is donated annually to Hindu shrines. It then looks at three legislative contexts that helped in forming the divide, namely the British Trust law, the formation of the secular constitution of early postindependence India and Personal Law, and the control of modern nongovernmental organizations (NGOs) through Tax Law. It presents a summary of the scope and practice of Hindu religious giving, and then studies how distinctions between secular and religious giving were legally recorded during a period of colonial “noninterference” in Indian custom and religion.
Avi-Yonah Reuven, Nicola Sartori, and Omri Marian
- Published in print:
- 2011
- Published Online:
- May 2011
- ISBN:
- 9780195321357
- eISBN:
- 9780199893690
- Item type:
- chapter
- Publisher:
- Oxford University Press
- DOI:
- 10.1093/acprof:oso/9780195321357.003.0007
- Subject:
- Law, Company and Commercial Law, Public International Law
This chapter provides a brief overview of the different approaches that countries pursue with regard to the concept of tax avoidance. It begins by defining tax evasion, tax avoidance, and licit tax ...
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This chapter provides a brief overview of the different approaches that countries pursue with regard to the concept of tax avoidance. It begins by defining tax evasion, tax avoidance, and licit tax savings. It then analyzes the differences between civil law and common law countries in their approach to tax avoidance. It compares the “substance-over-form” doctrines (typical of common law countries) with the “general anti-abuse” doctrines (typical of civil law countries).Less
This chapter provides a brief overview of the different approaches that countries pursue with regard to the concept of tax avoidance. It begins by defining tax evasion, tax avoidance, and licit tax savings. It then analyzes the differences between civil law and common law countries in their approach to tax avoidance. It compares the “substance-over-form” doctrines (typical of common law countries) with the “general anti-abuse” doctrines (typical of civil law countries).
Avi-Yonah Reuven, Nicola Sartori, and Omri Marian
- Published in print:
- 2011
- Published Online:
- May 2011
- ISBN:
- 9780195321357
- eISBN:
- 9780199893690
- Item type:
- chapter
- Publisher:
- Oxford University Press
- DOI:
- 10.1093/acprof:oso/9780195321357.003.0001
- Subject:
- Law, Company and Commercial Law, Public International Law
This chapter begins with a brief discussion of the concept of “comparative taxation.” It then considers several approaches to the study of comparative tax law.
This chapter begins with a brief discussion of the concept of “comparative taxation.” It then considers several approaches to the study of comparative tax law.
Patricia Illingworth
- Published in print:
- 2011
- Published Online:
- January 2011
- ISBN:
- 9780199739073
- eISBN:
- 9780199855872
- Item type:
- chapter
- Publisher:
- Oxford University Press
- DOI:
- 10.1093/acprof:oso/9780199739073.003.0011
- Subject:
- Philosophy, General
This chapter looks at how charitable tax law can be used to increase giving. The chapter focuses (1) on the rule that nonitemizers may not deduct their charitable gifts and (2) on the water's edge ...
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This chapter looks at how charitable tax law can be used to increase giving. The chapter focuses (1) on the rule that nonitemizers may not deduct their charitable gifts and (2) on the water's edge policy, which states that for an organization to qualify as a charitable deduction for a taxpayer, it must be organized or created in the United States. The chapter argues that both of these laws would have detrimental consequences for social capital and, in turn, for giving. To increase giving, the author argues that law ought to take social capital into account. It is also argued that in the case of the water's edge policy, there is expressive content that is inconsistent with cosmopolitan conceptions of the good, and with the prospect to develop global social capital.Less
This chapter looks at how charitable tax law can be used to increase giving. The chapter focuses (1) on the rule that nonitemizers may not deduct their charitable gifts and (2) on the water's edge policy, which states that for an organization to qualify as a charitable deduction for a taxpayer, it must be organized or created in the United States. The chapter argues that both of these laws would have detrimental consequences for social capital and, in turn, for giving. To increase giving, the author argues that law ought to take social capital into account. It is also argued that in the case of the water's edge policy, there is expressive content that is inconsistent with cosmopolitan conceptions of the good, and with the prospect to develop global social capital.
J. WILLIAM CALLISON
- Published in print:
- 2004
- Published Online:
- January 2010
- ISBN:
- 9780199264353
- eISBN:
- 9780191718496
- Item type:
- chapter
- Publisher:
- Oxford University Press
- DOI:
- 10.1093/acprof:oso/9780199264353.003.0008
- Subject:
- Law, Comparative Law, Company and Commercial Law
This chapter describes the different tax treatments of US tax corporations and US tax partnerships, as well as the Internal Revenue Service's (IRS) and the court's original position that ...
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This chapter describes the different tax treatments of US tax corporations and US tax partnerships, as well as the Internal Revenue Service's (IRS) and the court's original position that unincorporated businesses cannot possess a majority of corporate business characteristics and be taxed as partnerships. It then considers the genesis of the limited liability company (LLC) form and the process by which the IRS abandoned its historic approach and divorced income tax classification from business characteristics. The chapter concludes by addressing normative and theoretical questions that went unanswered during the ensuring period of rapid statutory change, and by posing questions concerning the interplay of independent federal and state regimes in business organization law.Less
This chapter describes the different tax treatments of US tax corporations and US tax partnerships, as well as the Internal Revenue Service's (IRS) and the court's original position that unincorporated businesses cannot possess a majority of corporate business characteristics and be taxed as partnerships. It then considers the genesis of the limited liability company (LLC) form and the process by which the IRS abandoned its historic approach and divorced income tax classification from business characteristics. The chapter concludes by addressing normative and theoretical questions that went unanswered during the ensuring period of rapid statutory change, and by posing questions concerning the interplay of independent federal and state regimes in business organization law.
Avi-Yonah Reuven, Nicola Sartori, and Omri Marian
- Published in print:
- 2011
- Published Online:
- May 2011
- ISBN:
- 9780195321357
- eISBN:
- 9780199893690
- Item type:
- chapter
- Publisher:
- Oxford University Press
- DOI:
- 10.1093/acprof:oso/9780195321357.003.0009
- Subject:
- Law, Company and Commercial Law, Public International Law
This chapter discusses some basic international tax issues. Within the field of international tax law, convergence is evident mainly in the treaty network. There are currently over 2,500 bilateral ...
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This chapter discusses some basic international tax issues. Within the field of international tax law, convergence is evident mainly in the treaty network. There are currently over 2,500 bilateral income tax treaties, mostly designed to prevent double taxation and fiscal evasion, and they cover most countries in the world (e.g., all OECD countries have treaties with each other). Moreover, all the treaties follow the same OECD and UN models, and that means that about 80% of the wordings of the tax treaties are identical. This is a remarkable phenomenon, and it poses significant constraints on a country's tax laws.Less
This chapter discusses some basic international tax issues. Within the field of international tax law, convergence is evident mainly in the treaty network. There are currently over 2,500 bilateral income tax treaties, mostly designed to prevent double taxation and fiscal evasion, and they cover most countries in the world (e.g., all OECD countries have treaties with each other). Moreover, all the treaties follow the same OECD and UN models, and that means that about 80% of the wordings of the tax treaties are identical. This is a remarkable phenomenon, and it poses significant constraints on a country's tax laws.
Avi-Yonah Reuven, Nicola Sartori, and Omri Marian
- Published in print:
- 2011
- Published Online:
- May 2011
- ISBN:
- 9780195321357
- eISBN:
- 9780199893690
- Item type:
- chapter
- Publisher:
- Oxford University Press
- DOI:
- 10.1093/acprof:oso/9780195321357.003.2000
- Subject:
- Law, Company and Commercial Law, Public International Law
This introductory chapter first sets out the purpose of the book, which is to cover the standard topics in a basic income tax course from a comparative perspective. It then addresses the question of ...
More
This introductory chapter first sets out the purpose of the book, which is to cover the standard topics in a basic income tax course from a comparative perspective. It then addresses the question of why we should care about comparative taxation.Less
This introductory chapter first sets out the purpose of the book, which is to cover the standard topics in a basic income tax course from a comparative perspective. It then addresses the question of why we should care about comparative taxation.
Daniel N. Shaviro
- Published in print:
- 2014
- Published Online:
- April 2014
- ISBN:
- 9780199359752
- eISBN:
- 9780199359776
- Item type:
- chapter
- Publisher:
- Oxford University Press
- DOI:
- 10.1093/acprof:oso/9780199359752.003.0003
- Subject:
- Law, Private International Law
This chapter examines some of the main incentives and tax planning opportunities created by existing U.S. international tax rules, and discusses the impact of marginal changes to the rules. It also ...
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This chapter examines some of the main incentives and tax planning opportunities created by existing U.S. international tax rules, and discusses the impact of marginal changes to the rules. It also shows why the current system has such a horrendous ratio of tax planning, compliance, and administrative costs to U.S. revenue raised.Less
This chapter examines some of the main incentives and tax planning opportunities created by existing U.S. international tax rules, and discusses the impact of marginal changes to the rules. It also shows why the current system has such a horrendous ratio of tax planning, compliance, and administrative costs to U.S. revenue raised.
Anna-Birte Ravn
- Published in print:
- 2009
- Published Online:
- March 2012
- ISBN:
- 9781847424655
- eISBN:
- 9781447302407
- Item type:
- chapter
- Publisher:
- Policy Press
- DOI:
- 10.1332/policypress/9781847424655.003.0004
- Subject:
- Sociology, Gender and Sexuality
This chapter describes the factors contributing to preserving the gendered tax-law system, and the factors finally leading to change. It then follows parliamentary debates and reports from official ...
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This chapter describes the factors contributing to preserving the gendered tax-law system, and the factors finally leading to change. It then follows parliamentary debates and reports from official commissions representing all political parties, and women's voices of opposition as they appeared in women's rights movements and among social democratic women in the period 1945–83. The debates are placed in the context of married women's changing labour-market participation and the economic consequences of the gendered tax-law system for women and for families of different classes. Finally, the Danish case is compared with similar developments in Sweden and Norway. A main conclusion is that during the period 1945–60, questions of class and redistribution between classes were predominant in Danish tax-legislation discourses and practices. After 1960, married women's gainful participation in the labour market started to increase, and so did the earned income of working-class married couples.Less
This chapter describes the factors contributing to preserving the gendered tax-law system, and the factors finally leading to change. It then follows parliamentary debates and reports from official commissions representing all political parties, and women's voices of opposition as they appeared in women's rights movements and among social democratic women in the period 1945–83. The debates are placed in the context of married women's changing labour-market participation and the economic consequences of the gendered tax-law system for women and for families of different classes. Finally, the Danish case is compared with similar developments in Sweden and Norway. A main conclusion is that during the period 1945–60, questions of class and redistribution between classes were predominant in Danish tax-legislation discourses and practices. After 1960, married women's gainful participation in the labour market started to increase, and so did the earned income of working-class married couples.
Joshua D. Blank
- Published in print:
- 2019
- Published Online:
- May 2019
- ISBN:
- 9780190882228
- eISBN:
- 9780190882266
- Item type:
- chapter
- Publisher:
- Oxford University Press
- DOI:
- 10.1093/oso/9780190882228.003.0013
- Subject:
- Law, Human Rights and Immigration
This chapter examines the relationship of corporate tax privacy and tax compliance from a new vantage point, which is called the “intercorporate perspective.” In the United States, all tax returns ...
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This chapter examines the relationship of corporate tax privacy and tax compliance from a new vantage point, which is called the “intercorporate perspective.” In the United States, all tax returns and return information of corporations are confidential. An unappreciated value of corporate tax privacy is that it can limit the pressure to pursue aggressive tax planning and reporting that corporate tax directors often face from significant shareholders, nontax managers, and even themselves. Corporate tax privacy provides the government with valuable strategic defenses by restraining the ability of a corporation’s stakeholders and agents to engage in “benchmarking” and “reverse engineering,” behaviors that would likely cause some tax directors to pursue more aggressive tax planning and reporting. Yet, at the same time, increased public access to certain corporate tax return information could enable the public to participate in informed debate and discussion of the corporate tax law and to question whether the governments is applying the tax law to corporate taxpayers effectively and fairly.Less
This chapter examines the relationship of corporate tax privacy and tax compliance from a new vantage point, which is called the “intercorporate perspective.” In the United States, all tax returns and return information of corporations are confidential. An unappreciated value of corporate tax privacy is that it can limit the pressure to pursue aggressive tax planning and reporting that corporate tax directors often face from significant shareholders, nontax managers, and even themselves. Corporate tax privacy provides the government with valuable strategic defenses by restraining the ability of a corporation’s stakeholders and agents to engage in “benchmarking” and “reverse engineering,” behaviors that would likely cause some tax directors to pursue more aggressive tax planning and reporting. Yet, at the same time, increased public access to certain corporate tax return information could enable the public to participate in informed debate and discussion of the corporate tax law and to question whether the governments is applying the tax law to corporate taxpayers effectively and fairly.