Making Sense Of The European Union's Vat Tax System: Does The European Court Of Justice's Jurisprudence Support Harmonization?, 2018 University of Akron Wayne College
Making Sense Of The European Union's Vat Tax System: Does The European Court Of Justice's Jurisprudence Support Harmonization?, Jarrod Tudor
The Global Business Law Review
The Sixth Council Directive 77/388/EEC was adopted by the European Union (EU) as a means toward harmonization of the value-added tax (VAT) system. The Framers of Directive 77/388/EEC believed that a disjointed VAT tax system that existed previously was harmful to the common market’s guarantee of free movement of goods and services that are subject to the VAT tax. The jurisprudence of the European Court of Justice (ECJ) on the subject of the Sixth Council Directive 77/388/EEC reflects four dominant patterns, including the limitation of member-states to dictate the parameters of the VAT ...
Carried Interest And Beyond: The Nature Of Private Equity Investment And Its International Tax Implications, 2018 University of Utah, SJ Quinney College of Law
Carried Interest And Beyond: The Nature Of Private Equity Investment And Its International Tax Implications, Young Ran Kim
Utah Law Faculty Scholarship
Private equity funds (PEFs) eliminate entity-level taxation by using pass-through entities. They further minimize their investors’ tax liability by taking the position that profits distributed to both general partners (GPs) and limited partners (LPs) are passive portfolio investment income and taxed preferentially. The taxation of carried interest at low capital gains rates is likely the most infamous loophole. This article challenges such tax position and instead argues that the nature of PEF investment is active. PEFs seek to influence their portfolio companies to increase their value so that they actively manage the companies by acquiring at least 10% of their ...
Code Sec. 1031 After The 2017 Tax Act, 2018 Brooklyn Law School
Code Sec. 1031 After The 2017 Tax Act, Bradley T. Borden
No abstract provided.
Marginal Rates Under The Tcja, 2018 University of Pennsylvania Law School
Marginal Rates Under The Tcja, Reed Shuldiner
In this report, Shuldiner argues that although the Tax Cuts and Jobs Act appears to offer an across-the board reduction in individual marginal tax rates augmented by an additional 20 percent reduction in rates on unincorporated business income, the situation is significantly more complex.
A View From American Courts: The Year In Indian Law 2017, 2018 Seattle University School of Law
A View From American Courts: The Year In Indian Law 2017, Grant Christensen
Seattle University Law Review
This Article provides a comprehensive review of Indian law for 2017. It does not include a citation to every case related to Indian law issued by the courts but tries to incorporate the majority of opinions into its catalog to provide a robust discussion of the changes in Indian law over the course of 2017. Part I of this Article provides some general statistics about Indian law in 2017. Part II focuses on activity at the U.S. Supreme Court, which is the most watched forum for Indian law cases for obvious reasons. Part III groups cases by subject area ...
"Our Taxes Are Too Damn High": Institutional Racism, Property Tax Assessment, And The Fair Housing Act, 2018 Northwestern Pritzker School of Law
"Our Taxes Are Too Damn High": Institutional Racism, Property Tax Assessment, And The Fair Housing Act, Bernadette Atuahene
Northwestern University Law Review
To prevent inflated property tax bills, the Michigan Constitution prohibits property tax assessments from exceeding 50% of a property’s market value. Between 2009 and 2015, the City of Detroit assessed 55%–85% of its residential properties in violation of the Michigan Constitution, and these unconstitutional assessments have had dire consequences. Between 2011 and 2015, one in four Detroit properties have been foreclosed upon for nonpayment of illegally inflated property taxes. In addition to Detroit, the other two cities in Michigan’s Wayne County where African-Americans comprise 70% or more of the population—Highland Park and Inkster—have similarly experienced ...
Sourcing Service Receipts For Franchise Tax Apportionment In Texas, 2018 Texas Comptroller of Public Accounts
Sourcing Service Receipts For Franchise Tax Apportionment In Texas, Ray Langenberg, Matt Jones
St. Mary's Law Journal
The New Welfare Rights, 2018 Brooklyn Law School
The New Welfare Rights, Susannah Camic Tahk
Brooklyn Law Review
Participating in the tax system gives rise to what could be enormously powerful rights for poor people. The tax system has become one of the main tools the United States uses to fight poverty. A thick bundle of tax rights accompanies the many tax antipoverty programs. This paper is the first to recognize the potentially substantial rights that poor people have through the tax code. For decades, poverty law advocates and scholars have lamented the decline of the “welfare rights” that poor people once had in their benefits. No one has yet recognized that in fact poor people still have ...
Reworking The Revolution: Treasury Rulemaking & Administrative Law, 2018 University of Michigan Law School
Reworking The Revolution: Treasury Rulemaking & Administrative Law, David Berke
Michigan Journal of Environmental & Administrative Law
How administrative law applies to tax rulemaking is an open and contested question. The resolution of this question has high stakes for the U.S. tax system. The paradigm is shifting away from so-called “tax exceptionalism”—where Treasury action is considered effectively exempt from the Administrative Procedure Act (the “APA”) and related administrative law doctrines. This paradigm-shift is salutary. However, currently prevailing anti-exceptionalist theory—an administrative framework for tax that is rapidly gaining credence within both the federal judiciary and the legal academy—threatens to destabilize the U.S. tax system. This formalistic approach to administrative law in tax rulemaking ...
Legislated Interpretation And Tax Avoidance In Canadian Income Tax Law, 2018 Allard School of Law at the University of British Columbia
Legislated Interpretation And Tax Avoidance In Canadian Income Tax Law, David G. Duff, Benjamin Alarie
Predictable statutory interpretation helps ensure the reliable operation of contemporary systems of taxation. Tax liabilities that are not clearly expressed and articulated by legislatures lead to over-reliance on litigation as a means to enforce and clarify legislative intent. For this reason, modern legislatures continually amend and draft new tax provisions, reformulating existing rules and introducing new ones to address ever-changing social and economic environments. Moreover, legislatures also respond with amendments directed at judicial decisions with which they disagree, as well as the transactions and arrangements at issue in these cases. As these amended and new rules are then subject to ...
Singapore Income Taxation, 2018 Singapore Management University
Singapore Income Taxation, Vincent Ooi, Irving Aw, Joanna Yap
Research Collection School Of Law
28.1.1 Section 10(1) of the Income Tax Act (Cap. 134, 2014 Rev. Ed.) (“ITA”) is the charging provision which provides for income tax to be payable for each year of assessment (“YA”) upon the income of any person. Income is taxable if it falls within one of the enumerated heads of charge under sections 10(1)(a) to (g).Income is taxable only if it is sourced in Singapore, i.e. accruing in or derived from Singapore, or received in Singapore from outside Singapore, subject to variations.Only revenue (and not capital) receipts are taxable, and only ...
Was The Amt Effectively Repealed?, 2018 University of Pennsylvania Law School
Was The Amt Effectively Repealed?, Reed Shuldiner
The individual alternative minimum tax (AMT) was a much disliked feature of the tax law prior to the Tax Cuts and Jobs Act (TCJA). Yet, despite repeated promises to repeal the AMT as part of tax reform, the TCJA dropped AMT repeal in favor of increasing the AMT exemption and its phaseout threshold. The question raised by this development is whether the AMT changes should be viewed as yet another stop-gap tweak of the AMT or whether the changes should be viewed as returning the AMT to its roots as a tax on high-income taxpayers using excessive loopholes. In this ...
Directed Tax Holidays: Economic Stimulus Or Corporate Dream?, 2018 College of William & Mary Law School
Directed Tax Holidays: Economic Stimulus Or Corporate Dream?, Dakota Newton
William & Mary Business Law Review
U.S. corporations currently have more than $2.4 trillion stashed in the accounts of their overseas subsidiaries—a sum that costs the domestic economy billions of dollars every year. A directed tax holiday is one potential method of inducing repatriation of those funds and stimulating the domestic economy. Although a previous tax holiday failed to meet expectations, current proposals from the public and private sectors suggest that a directed tax holiday could fund much-needed infrastructure investment. A review and economic analysis of these proposals shows that a directed tax holiday that channels revenue into expanding and updating infrastructure will ...
The New Tax Law In Context, 2018 Dordt College
The New Tax Law In Context, Donald Roth
Faculty Work Comprehensive List
"Efforts must be undertaken to foster stability, even with the likely ongoing reality of substantial policy disagreement, and we absolutely have to face the hard realities of the challenges of debt in our current economic system."
Posting about changes in taxation legislation from In All Things - an online journal for critical reflection on faith, culture, art, and every ordinary-yet-graced square inch of God’s creation.
Fact-Checking Claims About Winners And Losers With New Tax Reform (Part Ii), 2018 Dordt College
Fact-Checking Claims About Winners And Losers With New Tax Reform (Part Ii), Donald Roth
Faculty Work Comprehensive List
"Overall, the impact of the new tax law, judged independently, is not as dire as many public perceptions cast it."
Posting about how taxation legislation affects American citizens from In All Things - an online journal for critical reflection on faith, culture, art, and every ordinary-yet-graced square inch of God’s creation.
Fact-Checking Claims About Winners And Losers With New Tax Reform (Part I), 2018 Dordt College
Fact-Checking Claims About Winners And Losers With New Tax Reform (Part I), Donald Roth
Faculty Work Comprehensive List
"The changes incentivize more capital investment and less debt-financing."
Posting about how taxation legislation changes will affect Americans from In All Things - an online journal for critical reflection on faith, culture, art, and every ordinary-yet-graced square inch of God’s creation.
Grading The New Tax Law, 2018 Dordt College
Grading The New Tax Law, Donald Roth
Faculty Work Comprehensive List
"The biggest restructuring of the tax code that the new tax law enacts is a substantial reduction in the corporate income tax rate."
Posting about changes to taxation legislation from In All Things - an online journal for critical reflection on faith, culture, art, and every ordinary-yet-graced square inch of God’s creation.
The Natural Property Rights Straitjacket: The Takings Clause, Taxation, And Excessive Rigidity, 2018 William & Mary Law School
The Natural Property Rights Straitjacket: The Takings Clause, Taxation, And Excessive Rigidity, Eric Kades
Natural property rights theories have become the primary lens through which conservative jurists and scholars view the Constitution’s main property rights provision, the Takings Clause. One of their most striking arguments is that progressive income taxation — applying higher tax rates to higher incomes — is an unconstitutional taking of wealthy taxpayers’ property. This has become part and parcel of well-established battle lines between conservative property rights advocates and their liberal counterparts. What has gone unnoticed is that the very same argument deployed against progressive taxation also deems regressive taxation — applying lower tax rates to higher incomes — an unconstitutional taking of ...
Tax Havens As Producers Of Corporate Law, 2018 New York University School of Law
Tax Havens As Producers Of Corporate Law, William J. Moon
Michigan Law Review
A review of Christopher M. Bruner, Re-Imagining Offshore Finance: Market-Dominant Small Jurisdictions in a Globalizing Financial World.
Quantitative Prediction Model Of Tax Law's Substantial Authority, 2018 Brooklyn Law School
Quantitative Prediction Model Of Tax Law's Substantial Authority, Bradley T. Borden, Sang Hee Lee
No abstract provided.