In Or Out: How To Treat Foreign Taxes Under The Economic Substance Doctrine, 2018 Washington and Lee University School of Law
In Or Out: How To Treat Foreign Taxes Under The Economic Substance Doctrine, Roland Hartung
Washington and Lee Law Review
No abstract provided.
Stamp Duty Issues In Singapore Corporate Practice, 2018 Singapore Management University
Stamp Duty Issues In Singapore Corporate Practice, Vincent Ooi
Research Collection School Of Law
A new dimension to the determination and computation of stamp duties payable in corporate transactions has been introduced due to the Additional Conveyance Duties (“ACD”) Regime. For companies with significant residential property holdings, liability to pay ACD potentially extends to all transactions involving the issuance, transfer or cancellation of equity interests. This paper considers the impact of ACD on several common corporate transactions in Singapore, addressing the risks practitioners may face in being blindsided by potential tax liabilities. Besides highlighting potential pitfalls, this paper explores the use of advance rulings and preferring debt financing over equity financing for tax optimisation.
Conflicting Approaches To Addressing Ex-Offender Unemployment: The Work Opportunity Tax Credit And Ban The Box, Katherine English
Indiana Law Journal
Each year, roughly 700,000 prisoners are released from their six-by-eight-foot cells and back into society. Sadly, though, many of these ex-prisoners are not truly free. Upon returning to society, they often encounter several challenges that prevent them from resuming a normal, reintegrated lifestyle. For many, the difficulties associated with reentry prove to be too much, and within a short three years of their release, two-thirds of ex-offenders are rearrested, reconvicted, and thrown back into the familiar six-by-eight-foot cell. Recidivism might appear to be entirely the exoffenders’ fault, but ex-offenders are not solely responsible for these recidivism rates or the ...
Leak-Driven Law, 2018 Boston College Law School
Leak-Driven Law, Shu-Yi Oei, Diane M. Ring
Boston College Law School Faculty Papers
Over the past decade, a number of well-publicized data leaks have revealed the secret offshore holdings of high-net-worth individuals and multinational taxpayers, leading to a sea change in cross-border tax enforcement. Spurred by leaked data, tax authorities have prosecuted offshore tax cheats, attempted to recoup lost revenues, enacted new laws, and signed international agreements that promote “sunshine” and exchange of financial information between countries.
The conventional wisdom is that data leaks enable tax authorities to detect and punish offshore tax evasion more effectively, and that leaks are therefore socially and economically beneficial. This Article argues, however, that the conventional wisdom ...
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.
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.
Federal Income Taxation Of Business Enterprises: Cases, Statutes, Rulings, 4th. Edition 2012, 2018 The University of New Mexico School of Law
Federal Income Taxation Of Business Enterprises: Cases, Statutes, Rulings, 4th. Edition 2012, Sergio Pareja, Richard A. Westin, Ricahrd C.E. Beck
This fourth edition covers the basics of the federal income taxation of partnerships and corporations including the taxation of LLCs, LLPs and S corporations. In addition, it alludes to a short list of other business enterprises. It is designed to be taught as two major components: partnerships and corporations. Both components use the traditional "cradle-to-grave" approach. Because of their practical importance, the book makes reference to Social Security taxes and estate taxes. There is no discussion of State income taxes.
Although the book is comparatively short, the materials are thorough and are heavily supplemented with problems.
The cases have been ...
5 1/2 Problems With Legal Positivism And Tax Law, 2018 Pepperdine University
5 1/2 Problems With Legal Positivism And Tax Law, Bret N. Bogenschneider
Pepperdine Law Review
This essay is a reply to the famous paper by John Gardner, Legal Positivism: 51⁄2 Myths, and the more recent paper by John Prebble, Kelsen, the Principle of Exclusion of Contradictions, and General Anti-Avoidance Rules. The reply is developed from the perspective of tax law where the respective issues are of major significance. The “51⁄2 problems” correspond to Gardner’s arguments and are as follows: (#1) Legal Positivism centers on determining whether a tax law is legally valid based on its source (e.g., the legislature enacted a valid law applying tax at the rate of 25%). However ...
A Vatcoin Solution To Mtic Fraud: Past Efforts, Present Technology, And The Eu's 2017 Proposal, 2018 Boston University School of Law
A Vatcoin Solution To Mtic Fraud: Past Efforts, Present Technology, And The Eu's 2017 Proposal, Richard Thompson Ainsworth, Musaad Alwohaibi, Mike Cheetham, Camille Tirand
On October 4, 2017, in an effort to recover some of the VAT lost annually, the European Commission proposed “far-reaching reforms.” The immediate target is a €50 billion slice of an estimated €150 billion overall annual loss. In its proposal the Commission is looking only at Missing Trader Intra-Community (MTIC) fraud in goods.
Goods (alone) are targeted.
If we have learned anything about MTIC fraud since January 1, 1993, it is that fraudsters engaged in this activity are exceptionally agile. MTIC frauds migrate and mutate on command. For example, MTIC fraud in cell phones quickly migrated to computer chips in ...
The Upsides And Downsides Of Ending Chevron Deference, 2018 Florida State University College of Law
The Upsides And Downsides Of Ending Chevron Deference, Steve R. Johnson, Kristin E. Hickman, Joseph B. Judkins, Donald B. Susswein
No abstract provided.
Taxing Under The Influence? : Corruption And U.S. State Beer Taxes, 2018 University of Louisville
Taxing Under The Influence? : Corruption And U.S. State Beer Taxes, Per G. Fredriksson, Stephan Gohmann, Khawaja Mamun
This article examines the effect of state level corruption on state beer taxes in the United States. Our lobby group model predicts that corruption reduces the beer tax, but this effect is conditional on the level of alcohol-related vehicle deaths. Using a panel of state level data from 1982 to 2001, we find that increased corruption is associated with lower state beer tax rates. The magnitude of the effect, however, declines with increases in alcohol-related traffic deaths. Our findings suggest that future empirical work estimating the effect of alcohol taxes on alcohol-related traffic fatalities should treat alcohol taxes as endogenous.
Taxing & Zapping Marijuana: Blockchain Compliance In The Trump Administration, 2018 Boston University School of Law
Taxing & Zapping Marijuana: Blockchain Compliance In The Trump Administration, Richard Thompson Ainsworth
On January 4, 2018, the Trump Administration through Attorney General Sessions rescinded an Obama-era policy that discouraged federal prosecutors from bringing charges in all but the most serious marijuana cases under the federal Controlled Substances Act, as well as under the Bank Secrecy Act. Federal law is at odds with state law in the majority of states on the legalization and subsequent state taxation of marijuana. Twenty-eight states and the District of Columbia have at least partially legalized marijuana. Eight of these states have legalized both medicinal and recreational use. With limited exceptions, legalized sales of marijuana are taxed.
Full Faith And Credit, Choice Of Laws, And Extraterritorial Regulation Of Corporate Transactions, 2018 Concordia University School of Law
Full Faith And Credit, Choice Of Laws, And Extraterritorial Regulation Of Corporate Transactions, Gregory S. Sergienko
In a federal system in which each state may enact laws providing for the chartering and governance of corporations and in which corporations can and do conduct business in more than one state, several states may claim an interest in regulating the conduct of a given corporation. The enactment of state laws that are intended to restrict hostile corporate takeovers and that purport to extend to foreign corporations is one example of this phenomenon. "Typically, any of a number of jurisdictional links might trigger the application of such an anti-takeover statute: the target's being incorporated in the state, its ...
Unconscionable: Tax Delinquency Sales As A Form Of Dignity Taking, 2018 University of Virginia
Unconscionable: Tax Delinquency Sales As A Form Of Dignity Taking, Andrew W. Kahrl
Chicago-Kent Law Review
No abstract provided.
U.S. Tax Treatment Of Australian Superannuation, 2018 University of Nevada, Las Vegas -- William S. Boyd School of Law
U.S. Tax Treatment Of Australian Superannuation, John A. Castro
Nevada Law Journal Forum
The Organization for Economic Cooperation and Development (OECD) estimates than more than 100,000 Australian citizens are living and working in the U.S. Those Australian nationals almost certainly have some sort of Superannuation Fund, which is a state-mandated occupational pension scheme in Australia. The problem is that nearly every accounting firm in the U.S. is treating Australian Superannuation as a taxable foreign grantor trust. This presents a serious issue since the funds within Superannuation Funds are completely inaccessible until retirement, disability, or death. For an Australian national living in the U.S., this would result in immediate U ...
A Unifying Approach To Nexus Under The Dormant Commerce Clause, 2018 University of Nebraska College of Law
A Unifying Approach To Nexus Under The Dormant Commerce Clause, Adam B. Thimmesch
Michigan Law Review Online
The Supreme Court has long debated the existence and scope of its power to restrict state regulation under the so-called negative or dormant Commerce Clause. The Court took a broad view of that power in the late 1800s, but it has refined and restricted its role over time. One area where the Court has continued to wield considerable power, however, has been in the context of state taxes. Specifically, the Court has continued to restrict states' power to compel out-of-state vendors to collect their sales and use taxes based on a physical-presence "nexus" rule. That rule dates back to the ...
Sin Taxes: Have Governments Gone Too Far In Their Efforts To Monetize Morality?, 2018 Boston College Law School
Sin Taxes: Have Governments Gone Too Far In Their Efforts To Monetize Morality?, Franklin Liu
Boston College Law Review
In June 2016, Philadelphia became the largest city in the United States to pass a soda tax, which went into effect on January 1, 2017. Soda taxes, an umbrella term for taxes that are assessed on sugar-sweetened beverages, represent the latest incarnation in a recent wave of non-traditional “sin taxes.” Sin taxes target behaviors that the government considers to be socially undesirable, and traditionally have been levied to curb consumption of alcohol and tobacco products. As state and local governments continue to face burgeoning budget deficits, legislators have increased the amount of existing sin taxes and expanded the sin tax ...
Tax Compliance In A Decentralizing Economy, 2018 University of California Hastings College of Law
Tax Compliance In A Decentralizing Economy, Manoj Viswanathan
Georgia State University Law Review
Tax compliance in the United States has long relied on information from centralized intermediaries—the financial institutions,employers, and brokers that help ensure income is reported and taxes are paid. Yet while the IRS remains tied to these centralized entities,consumers and businesses are not. New technologies, such as sharing economy platforms (companies such as Airbnb, Uber, and Instacart)and the blockchain (the platform on which various cryptocurrencies are based) are providing new, decentralized options for exchanging goods and services.
Without legislative and agency intervention, these technologies pose a critical threat to the reporting system underlying domestic and international tax ...
How Special Is The Special Timing Rule? Analyzing The Timing Of Fica Taxation In Nonqualified Deferred Compensation Plans, 2018 Georgia State University College of Law
How Special Is The Special Timing Rule? Analyzing The Timing Of Fica Taxation In Nonqualified Deferred Compensation Plans, Alan J. Ponce
Georgia State University Law Review
Many employers offer nonqualified deferred compensation plans as a benefit to select employees, and those plans allow the employees to prepare for retirement in a tax-efficient manner. For employers,designing and administering such plans in compliance with federal law represents a paramount concern in order to achieve the tax advantages such plans entail. However, for these employers, there remains an inherent ambiguity in the tax code regarding how and when employers should withhold Federal Insurance Contribution Act (FICA) taxes—that is, Social Security and Medicare taxes—on deferred compensation in nonqualified retirement plans.
Tax regulations provide two distinct methods for ...
A Timely Proposal To Eliminate The Student Loan Interest Deduction, 2018 Selected Works
A Timely Proposal To Eliminate The Student Loan Interest Deduction, Victoria J. Haneman
Victoria J. Haneman
No abstract provided.