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Full-Text Articles in Tax Law
Tax Neutrality, Stephen Utz
Tax Neutrality, Stephen Utz
Faculty Articles and Papers
Is tax neutrality an illusion? My honored friend Pierre Beltrame and his distinguished co-author Lucien Mehl once wrote: “[L]orsque le taux de l’impôt s’éléve, qu’il devient progressif, et que d’importantes masses monétaires sont redistribuées, le fait financier ne peut être neutre, stricto sensu, à l’égard, ni de l’ensemble de l’économie, ne de la répartition de revenu national” (Pierre Beltrame & Lucien Mehl, Techniques, Politiques et Institutions Fiscales Comparées, Presses Universitaires de France, Paris, 2d ed., 1997, p. 314). As they also observed, however, relative judgments of neutrality, judgments that purport to deal the neutrality of isolated elements of a tax …
Ability To Pay, Stephen Utz
Ability To Pay, Stephen Utz
Faculty Articles and Papers
There is broad agreement that a fair tax should be imposed in accordance with taxpayers' ability to pay. A utility-based interpretation of this standard, used in most tax policy discussions today, does not adequately reflect the its historical development and cannot escape long standing and devastating criticisms from within welfare economics and on other general grounds. This article traces the history of ability to pay, with special reference to the standard's emergence along with the British and German income tax laws, and in the theoretical literature that followed the adoption of income tax laws there and elsewhere. The article concludes …
Tax Aspects Of Doing Business With The People’S Republic Of China, Richard Pomp, Timothy A. Gelatt
Tax Aspects Of Doing Business With The People’S Republic Of China, Richard Pomp, Timothy A. Gelatt
Faculty Articles and Papers
Before 1979, the People’s Republic of China did not have a logical system of taxing foreign business. That summer, a few selected American tax professors met with Chinese tax officials to explain the complexities of source rules, foreign tax credits, and tax treaties. That gave Chinese officials a detailed knowledge of intricate tax issues, and they have used this knowledge to develop China’s new tax system. Since 1979, China’s tax structure has conformed to generally accepted international structures with the adoption of three important taxes affecting foreign business activity. At first, China’s statutes and regulations did not clearly explain the …