Let My Arm Be Broken Off At The Elbow, 2019 University of Oklahoma College of Law
Let My Arm Be Broken Off At The Elbow, Chad J. Pomeroy
Oklahoma Law Review
No abstract provided.
How To Raise Money: State Question 640, Revenue Bills, And The Oklahoma Supreme Court, 2019 University of Oklahoma College of Law
How To Raise Money: State Question 640, Revenue Bills, And The Oklahoma Supreme Court, Paul Anthony Tortorici
Oklahoma Law Review
No abstract provided.
Retrenchment, Temporary-Effect Legislation, And The Home Mortgage Interest Deduction, 2019 University of Oklahoma College of Law
Retrenchment, Temporary-Effect Legislation, And The Home Mortgage Interest Deduction, Victoria J. Haneman
Oklahoma Law Review
No abstract provided.
The Ncaa And The Irs: Life At The Intersection Of College Sports And The Federal Income Tax, Richard L. Schmalbeck, Lawrence A. Zelenak
Few organizational acronyms are more familiar to Americans than those of the National Collegiate Athletic Association (NCAA) and the Internal Revenue Service (IRS). Although neither organization is particularly popular, both loom large in American life and popular culture. Because there is a tax aspect to just about everything, it should come as no surprise that the domains of the NCAA and the IRS overlap in a number of ways. For many decades, the strong tendency in those areas has been for college athletics to enjoy unreasonably generous tax treatment-sometimes because of the failure of the IRS to enforce the tax ...
The International Tax Environment And Simplification Of South African Tax Legislation: A Double-Edged Sword, 2019 Osgoode Hall Law School of York University
The International Tax Environment And Simplification Of South African Tax Legislation: A Double-Edged Sword, Jinyan Li, Teresa Pidduck
Articles & Book Chapters
In this paper, we examine the relationship between the international tax environment and legislative complexity in South Africa’s international tax system. We suggest that the international tax environment is a double-edged sword. It causes complexity in South Africa’s tax legislation as it largely responds to the needs of OECD countries and produces tax rules to deal with ‘sophisticated’ tax problems and taxpayers (such as multinational enterprises). When such rules are transplanted into South Africa, they are typically more complex than local rules dealing with local taxpayers. On the other hand, the international tax environment offers ideas for ‘scientific ...
The Carbon Tax Vacuum And The Debate About Climate Change Impacts: Emission Taxation Of Commodity Crop Production In Food System Regulation, Gabriela Steier
Pace Environmental Law Review
The scientific consensus on climate change is far ahead of U.S. policy on point. In fact, the U.S. has a legal vacuum of carbon taxation while climate change continues to impact the codependence of agriculture and the environment. As this Article shows, carbon taxes follow the polluter-pays model, levying taxes on the highest greenhouse gas (“GHG”) emissions—and contributions to climate change. But this is not only unsustainable; it would also undermine agricultural production and, thus, food security. This Article describes how the law can regulate climate change contributions and promote adaptation and mitigation supported through carbon taxes ...
Gst Contract Review, 2018 Singapore Management University
Gst Contract Review, Vincent Ooi
Research Collection School Of Law
GST contract review—overviewTax lawyers are often asked to review a commercial contracts from a Goods Services Tax (“GST”) perspec-tive. This note focuses on contracts for the supply of services or goods, and not a contract for the sale and purchase of a business.Understanding the GST consequences of the contractThe contract that you are asked to review will usually contain a GST clause, but it is insufficient to look only at that clause. As further explained in Practice Note: How to review a commercial contract for GST purposes, you should also review the whole contract so that you can ...
Tax Law’S Loss Obsession, 2018 SJ Quinney College of Law, University of Utah
Tax Law’S Loss Obsession, Emily Cauble
Utah Law Review
This Article will address tax law’s inconsistent treatment of gains and losses—focusing in particular on certain instances in which a taxpayer is prevented from shifting a built-in loss to another taxpayer but would be allowed to shift a built-in gain to another taxpayer. The article will explore whether any legitimate justification can explain the inconsistency. Finding no such legitimate justification for at least some of the examples, this Article will conclude that lawmakers ought to have also addressed gains and the failure to do so results from lawmakers crafting an overly narrow response that addressed only the most ...
#Metoo & Tax, 2018 Indiana University McKinney School of Law
#Metoo & Tax, Margaret Ryznar
Washington and Lee Law Review Online
Recently, legislative efforts have taken aim at sexual harassment in the workplace. Among these may be a surprising but effective approach—disallowing tax deductions for sexual harassment settlements subject to non-disclosure agreements. This Essay analyzes such a 2017 tax reform provision.
Investment Treaties, Offshore Finance, And The Resource Curse, 2018 University of Virginia School of Law
Investment Treaties, Offshore Finance, And The Resource Curse, Karl M.F. Lockhart
Boston College Law Review
Questions of how best to understand offshore financial centers (“OFCs”)—countries that have low or zero tax rates, strong banking secrecy regulation, and easy-to-form legal entities—and what, if anything, the international community should do about them remain fixed on the agenda of national and international discourse. This Essay seeks to provide a new theoretical perspective on tax havens and applies this perspective to the cross-border legal regimes that govern international investment. This new analytical framework sees offshore financial centers as countries that are victims of the “resource curse,” as that term is described in economic development literature. Often physically ...
International Taxation In An Era Of Digital Disruption: Analyzing The Current Debate, 2018 Georgetown University Law Center
International Taxation In An Era Of Digital Disruption: Analyzing The Current Debate, Itai Grinberg
Georgetown Law Faculty Publications and Other Works
The “taxation of the digital economy” is currently at the top of the global international tax policymaking agenda. A core claim some European governments are advancing is that user data or user participation in the digital economy justifies a gross tax on digital receipts, new profit attribution criteria, or a special formulary apportionment factor in a future formulary regime targeted specifically at the “digital economy.” Just a couple years ago the OECD undertook an evaluation of whether the digital economy can (or should) be “ring-fenced” as part of the BEPS project, and concluded that it neither can be nor should ...
The Digital Services Tax: A Conceptual Defense, 2018 Allard School of Law at the University of British Columbia
The Digital Services Tax: A Conceptual Defense, Wei Cui
As 2018 nears its end, a digital service tax (DST) seems imminent in Europe, yet elaborations of the DST’s motivations have so far come primarily from the European Commission and the UK Treasury: academic and practitioner commentators remain largely skeptical. This paper offers a new conceptual defense of the DST that is independent of the existing government positions. I argue that a clear case can be made for the DST as a way of taxing location-specific rent earned by digital platforms. While the DST may also be partially motivated by other, potentially conflicting visions for reforming international taxation, such ...
Closing Tax Planning Opportunities For Private Corporations In Canada: What Is The Impact On The Medical Profession?, Jessica Stuart
Master of Laws Research Papers Repository
The federal government has recently proposed significant changes to the taxation of private corporations in Canada. These changes will significantly affect, in particular, medical doctors as many of them use private corporations for tax and financial planning purposes. This paper focuses specifically on how the proposed tax changes will affect medical doctors, not just because of their importance to society, but also because of their unique financial situation.
Following the federal government’s release of its initial reform proposal, many doctors were upset that they were labeled as tax cheats who did not “pay their fair share”. It was predicted ...
Tax Treaty Abuse And The Principal Purpose Test - Part I, 2018 Allard School of Law at the University of British Columbia
Tax Treaty Abuse And The Principal Purpose Test - Part I, David G. Duff
The Multilateral Convention to Implement Tax Treaty Measures to Prevent Base Erosion and Profit Shifting (MLI) has been described as “an historical turning point in the area of international taxation” which introduces a third layer of tax rules for the taxation of cross-border transactions in addition to domestic tax law and bilateral tax treaties. Of the many provisions of the MLI, the most important are the preamble text in Article 6(1) and the so-called principal purpose test (PPT) in Article 7(1), both of which have been adopted by all signatories to the MLI in order to satisfy the ...
Tax Treaty Abuse And The Principal Purpose Test: Part Ii, 2018 Allard School of Law at the University of British Columbia
Tax Treaty Abuse And The Principal Purpose Test: Part Ii, David G. Duff
The Multilateral Convention to Implement Tax Treaty Measures to Prevent Base Erosion and Profit Shifting or Multilateral Instrument (MLI) has been described as “an historical turning point in the area of international taxation” which introduces a third layer of tax rules for the taxation of cross-border transactions in addition to domestic tax law and bilateral tax treaties. Of the many provisions of the MLI, the most important are the preamble text in Article 6(1) and the so-called principal purpose test (PPT) in Article 7(1), both of which have been adopted by all signatories to the MLI in order ...
Legislative Foundation Of The United States' New International Tax System, 2018 Seattle University School of Law
Legislative Foundation Of The United States' New International Tax System, Joshua D. Harms
Seattle University Law Review
This Note begins with commentary on the United States’ former worldwide system of taxation. This system taxed multinational corporations’ offshore profits at the applicable domestic income tax rate less credits for taxes paid to foreign governments. This tax regime provided for the deferral of income tax due on the profits of multinational corporations’ overseas operations until the time of repatriation. This Note considers the issues inherent in this system and analyzes the repatriation tax holiday under the American Jobs Creation Act of 2004. This holiday has been unanimously criticized by both sides of the political aisle and led to large ...
Residence-Based Formulary Apportionment: (In-)Feasibility And Implications, 2018 Allard School of Law at the University of British Columbia
Residence-Based Formulary Apportionment: (In-)Feasibility And Implications, Wei Cui
I examine one way of taxing international corporate income that has not previously been studied, “residence-based formulary apportionment” or RBFA. I first offer a new taxonomy of different ways of taxing corporate income by reference to individual shareholders, and distinguish what I call the “shareholder attribution” approach from integration, pass-through, and other approaches. I then argue that although traditional international legal norms had led international tax design to avoid taxing foreign corporations “unconnected” with the taxing jurisdiction (e.g. foreign corporations earning only foreign income), these legal norms have gone through substantial transformations in recent years. The exercise of jurisdiction ...
Quebec's Mev (Module D'Enregistrement Des Ventes): Using Technology To Fight Zapper, Phantomware And Tax Fraud, 2018 Boston University School of Law
Quebec's Mev (Module D'Enregistrement Des Ventes): Using Technology To Fight Zapper, Phantomware And Tax Fraud, Richard Thompson Ainsworth
On January 28, 2008 the Quebec Minister of Revenue, Jean-Marc Fournier, announced that by late 2009 the MRQ will begin testing a device, the module d’enregistrement des vents (MEV) that is projected to substantially reduce tax fraud in the restaurant sector. By 2010 or 2011 MEVs will be mandatory in all Quebec restaurants, where they will assure accuracy and retention of business records within electronic cash registers (ECRs).
It is clear to the Minister that not only are large volumes of cash being skimmed, removed from the sales and profits records of restaurants by their owners, but also that ...
The Meaning Of Capital In The Twenty-First Century, 2018 University of Southern California;California Institute of Tecnology
The Meaning Of Capital In The Twenty-First Century, Edward J. Mccaffery
Edward J McCaffery
America is on a path towards a level of both wealth and income inequality unparalleled in recorded history. Thomas Piketty’s Capital in the Twenty-First Century summarizes and conveys the work of Piketty and many co-authors, over many decades, looking at the structure of income and wealth inequality across many nations and centuries. This review essay builds on Piketty’s ambitions as well as his data, in order to put forth a better solution: one that accepts and even embraces the facts of unequal ownership of capital, but changes the social meaning of those facts to avoid the social harms ...
The Death Of The Income Tax (Or, The Rise Of America's Universal Wage Tax), 2018 University of Southern California;California Institute of Tecnology
The Death Of The Income Tax (Or, The Rise Of America's Universal Wage Tax), Edward J. Mccaffery
Edward J McCaffery
In 1913, with whispers of progressive politics in the air, Americans ratified a Constitutional amendment allowing for a tax on “all incomes, from whatever source derived.”This set the stage for the individual income tax, a tax meant to fall on wealth and the wealthy. It was a small step, but it was a step. Capital and labor, wealth and wages, would each be paying the price of civilization. The corporate income and gift and estate taxes soon formed a troika of wealth taxes, though the individual income tax fell on upper-income wages as well.
Things changed. Over a century ...