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Full-Text Articles in Law

Paradigm Shift Of The Tax Avoidance Concept: A Comparative View, William Byrnes Mar 2015

Paradigm Shift Of The Tax Avoidance Concept: A Comparative View, William Byrnes

William H. Byrnes

No abstract provided.


Introductory Remarks, 21st Coffin Lecture, Sharon Beckman Oct 2013

Introductory Remarks, 21st Coffin Lecture, Sharon Beckman

Sharon Beckman

No abstract provided.


Invited Participant, United Nations Committee Of Experts On International Tax Matters, Hugh Ault Oct 2013

Invited Participant, United Nations Committee Of Experts On International Tax Matters, Hugh Ault

Hugh J. Ault

No abstract provided.


International Tax Developments And Family Businesses, Hugh Ault Oct 2013

International Tax Developments And Family Businesses, Hugh Ault

Hugh J. Ault

No abstract provided.


Do The Benefits To Russia Of Compliance With The Usa’S Fatca Outweigh Its Russian Costs?, William Byrnes Sep 2013

Do The Benefits To Russia Of Compliance With The Usa’S Fatca Outweigh Its Russian Costs?, William Byrnes

William H. Byrnes

No abstract provided.


Are Some U.S. Agreements More Equal Than Others? Dtas, Tiea, Igas And The U.S. Constitution. Exploring The Executive/Senate Treaty Authority, House Of Representative ‘Origination’ Of Tax Authority, And Congressional Regulation Of Commerce With Foreign Nations Authority, William Byrnes Sep 2013

Are Some U.S. Agreements More Equal Than Others? Dtas, Tiea, Igas And The U.S. Constitution. Exploring The Executive/Senate Treaty Authority, House Of Representative ‘Origination’ Of Tax Authority, And Congressional Regulation Of Commerce With Foreign Nations Authority, William Byrnes

William H. Byrnes

No abstract provided.


Taxing Indirect Transfers: Improving An Instrument For Stemming Tax And Legal Base Erosion, Wei Cui Sep 2013

Taxing Indirect Transfers: Improving An Instrument For Stemming Tax And Legal Base Erosion, Wei Cui

Wei Cui

Numerous countries (e.g. Canada, Australia and Japan) tax foreigners on the gains realized on transfers of interests in foreign entities that invest directly or indirectly in real estates in these countries. In the last few years, actions taken by tax authorities in India, China, Brazil, Indonesia and other non-OECD countries have highlighted the possibility of taxing a broader range of “indirect share transfers” by foreigners. This Article argues taxing indirect transfers can have vital policy significance in countries where foreign inbound investments are actively traded in offshore markets: it not only deters tax avoidance, but may also stanch “legal base …


Panelist, United Nations International Tax Compact, Technical Meeting On Administration And Negotiation Of Tax Treaties, Hugh Ault May 2013

Panelist, United Nations International Tax Compact, Technical Meeting On Administration And Negotiation Of Tax Treaties, Hugh Ault

Hugh J. Ault

No abstract provided.


Chair, United Nations, Special Meeting Of Ecosoc On International Cooperation In Tax Matters, Hugh Ault May 2013

Chair, United Nations, Special Meeting Of Ecosoc On International Cooperation In Tax Matters, Hugh Ault

Hugh J. Ault

No abstract provided.


Some Reflections On The Oecd And The Sources Of International Tax Principles, Hugh Ault May 2013

Some Reflections On The Oecd And The Sources Of International Tax Principles, Hugh Ault

Hugh J. Ault

No abstract provided.


The Oecd And Its Beps Project: Where Are We And Where Are We Going?, Hugh Ault Apr 2013

The Oecd And Its Beps Project: Where Are We And Where Are We Going?, Hugh Ault

Hugh J. Ault

No abstract provided.


The Recent Oecd Developments And The European Tax Integration Process, Hugh Ault Jan 2013

The Recent Oecd Developments And The European Tax Integration Process, Hugh Ault

Hugh J. Ault

No abstract provided.


The Inefficiencies Of Legislative Centralization: Evidence From Chinese Provincial Tax Rate Setting, Wei Cui Dec 2012

The Inefficiencies Of Legislative Centralization: Evidence From Chinese Provincial Tax Rate Setting, Wei Cui

Wei Cui

Legislative power in China is centralized to an unusual degree, both in comparison to other countries and relative to the country’s high degree of administrative decentralization. Given its a priori inefficiencies, this arrangement should be significant from both positive and normative perspectives, but, surprisingly, has received little attention in legal and social scientific scholarship. We devise a novel method for analyzing the inefficiencies of centralization through studying provincial government behavior, examining provincial rate setting for the vehicle and vessel tax (VVT) in 2007 and 2011. Because all provinces have assigned VVT revenue and VVT administration to sub-provincial governments, provincial rate-setting …


Panelist, A Policy Framework For Knowledge-Based Capital, Hugh Ault Dec 2012

Panelist, A Policy Framework For Knowledge-Based Capital, Hugh Ault

Hugh J. Ault

No abstract provided.


Akteure Des Internationalen Steuerrechts Und Ihre Handlungsformen, Hugh Ault Sep 2012

Akteure Des Internationalen Steuerrechts Und Ihre Handlungsformen, Hugh Ault

Hugh J. Ault

No abstract provided.


Treaty Override Of The Japan-United States Tax Treaty: A Three-Part Analysis Addressing Public Finance & Public Policy, International Relations, And Tax Policy, William Byrnes Nov 2010

Treaty Override Of The Japan-United States Tax Treaty: A Three-Part Analysis Addressing Public Finance & Public Policy, International Relations, And Tax Policy, William Byrnes

William H. Byrnes

No abstract provided.


Panelist, Oecd Conference On Intangibles, Hugh Ault Nov 2010

Panelist, Oecd Conference On Intangibles, Hugh Ault

Hugh J. Ault

No abstract provided.


Panelist, Max Planck Insitute For Taxation Advisory Board, Hugh Ault Jul 2010

Panelist, Max Planck Insitute For Taxation Advisory Board, Hugh Ault

Hugh J. Ault

No abstract provided.


Transfer Pricing, Hugh Ault Jul 2010

Transfer Pricing, Hugh Ault

Hugh J. Ault

Chaired meeting of 45 governmental and academic specialist


Recent Treaty Developments In The Arbitration Of International Tax Disputes, Hugh Ault Dec 2009

Recent Treaty Developments In The Arbitration Of International Tax Disputes, Hugh Ault

Hugh J. Ault

No abstract provided.


Panelist, The International Network For Tax Research And The American Journal Of Comparative, Conference On "Comparative Tax Law: Theory And Practice, Hugh Ault Sep 2009

Panelist, The International Network For Tax Research And The American Journal Of Comparative, Conference On "Comparative Tax Law: Theory And Practice, Hugh Ault

Hugh J. Ault

No abstract provided.


Award Presentation: 63rd International Fiscal Association Annual Meeting, Hugh Ault Aug 2009

Award Presentation: 63rd International Fiscal Association Annual Meeting, Hugh Ault

Hugh J. Ault

No abstract provided.


Panelist, Confederation Of Swedish Enterprise, Tax Aspects Of Tradable Emissions Permits, Hugh Ault May 2009

Panelist, Confederation Of Swedish Enterprise, Tax Aspects Of Tradable Emissions Permits, Hugh Ault

Hugh J. Ault

No abstract provided.


2008 Oecd Model: The New Arbitration Provision, Hugh Ault Apr 2009

2008 Oecd Model: The New Arbitration Provision, Hugh Ault

Hugh J. Ault

New Art. 25(5), added to Art. 25 (Mutual agreement procedure) of the OECD Model as part of the 2008 Update, provides for the mandatory arbitration of unresolved issues arising in the course of a mutual agreement procedure. This article first examines the various factors that led to the adoption of Art. 25(5) and the stages of its development by the OECD. The article then discusses some technical aspects of the new arbitration provision, including the Sample Mutual Agreement setting out some procedural rules, which is attached as an Annex to Art. 25.


Session Chair, Oecd Advisory Group For Co-Operation With Non-Oecd Countries, Hugh Ault Mar 2009

Session Chair, Oecd Advisory Group For Co-Operation With Non-Oecd Countries, Hugh Ault

Hugh J. Ault

No abstract provided.


Panelist, Frankfurt International Arbitration Center: Tax Meets Arbitration, Hugh Ault Feb 2009

Panelist, Frankfurt International Arbitration Center: Tax Meets Arbitration, Hugh Ault

Hugh J. Ault

No abstract provided.


Reflections On The Role Of The Oecd In Developing International Tax Norms, Hugh Ault Dec 2008

Reflections On The Role Of The Oecd In Developing International Tax Norms, Hugh Ault

Hugh J. Ault

On September 8–9, 2008, the Organisation for Economic Cooperation and Development (“OECD”) held a Special Conference commemorating the 50th Anniversary of the OECD Model Tax Convention (“Model Convention” or “Model”). The Conference was attended by over 650 participants from the private sector and the government, representing over 100 countries. Both the level of participation and the geographical diversity represented at the conference would seem concrete evidence of the perceived importance of the role of the OECD in developing international tax norms. In his remarks opening the conference, the OECD Secretary General noted that the success of the OECD Model was …


Flying Passports Of Convenience, Karl T. Muth Dec 2008

Flying Passports Of Convenience, Karl T. Muth

Karl T Muth

This paper proposes an economic alternative to the legal construct of citizenship that currently dominates international law.


Japanese Cfc Rules Consistent With Treaty, Court Holds, Hugh Ault, Mitsuhiro Honda Mar 2008

Japanese Cfc Rules Consistent With Treaty, Court Holds, Hugh Ault, Mitsuhiro Honda

Hugh J. Ault

In a practice article, Mitsuhiro Honda and Hugh J. Ault comment on a Tokyo High Court ruling that held that Japan's controlled foreign corporation rules are consistent with article 7(1) of the Japan-Singapore tax treaty.


Lecture, “Current Issues In Us-Swedish Tax Relationships, Hugh Ault Apr 2007

Lecture, “Current Issues In Us-Swedish Tax Relationships, Hugh Ault

Hugh J. Ault

No abstract provided.