Taxation-Transnational Commons^™

Through A Latte, Darkly: Starbucks' Window Into Stateless Income Tax Planning, Edward D. Kleinbard

University of Southern California Law and Economics Working Paper Series

This paper uses Starbucks Corporation, the premier roaster, marketer and retailer of specialty coffee in the world, as an example of stateless income tax planning in action. “Stateless income” comprises income derived for tax purposes by a multinational group from business activities in a country other than the domicile of the group’s ultimate parent company, but which is subject to tax only in a jurisdiction that is neither the source of the factors of production through which the income was derived, nor the domicile of the group’s parent company.

The paper reviews both Starbucks’ recent U.K. tax ...

Property Taxation Of Foreign Goods And Enterprises - A Study In Inconsistency , James Dexter Clark

Pepperdine Law Review

No abstract provided.

Beating The Odds: Regulation Of Online Gaming Stateside And Abroad, Lisa Lester

Journal of the National Association of Administrative Law Judiciary

No abstract provided.

United States National Report On Tax Privacy, Joshua D. Blank

New York University Law and Economics Working Papers

This National Report was prepared for a conference titled “Tax Secrecy and Tax Transparency - The Relevance of Confidentiality in Tax Law", which took place in July 2012 in Rust, Austria and was co-hosted by the Institute for Austrian and International Tax Law at the Vienna University of Economics and Business and by Örebro University, Sweden. The Report describes the current tax privacy protections that apply to taxpayers in the United States and provides an overview of the policy considerations that have contributed to their enactment. Portions of this Report were originally published, in part, in Joshua D. Blank, In Defense ...

Definitional Problems Of The Foreign Income Tax Credit, Anthony J. Waters

Maryland Journal of International Law

No abstract provided.

Zenith Radio Corp. V. United States: Countervailing Duty - Application To Nonexcessive Remission Of Indirect Taxes, Joseph Murphy Bracken

Maryland Journal of International Law

No abstract provided.

Book Reviews, Charles O. Galvin

Pepperdine Law Review

No abstract provided.

Go Abroad, Young Man, Go Abroad: The Economic Recovery Tax Act Of 1981'S Changes In The Treatment Of Foreign Earned Income, Sheldon J. Fleming

Pepperdine Law Review

The Economic Recovery Tax Act of 1981 made major revisions in the taxation of foreign earned income. The former tax provisions of sections 911 and 913failed in their purpose of equitably compensating individuals for the increased costs of working abroad, and have been replaced with a new section 911. The new law encourages Americans to go abroad by according them the most liberal tax benefits in over fifty years.

Economic And Legal Arguments In Ppl V. Commissioner, Michael S. Knoll

Scholarship at Penn Law

In late February 2013, the U.S. Supreme Court will hear oral argument in PPL Corp. v. Commissioner. The Court took that case, which involves a claim by a U.S. corporation for foreign tax credits for taxes paid in accordance with the 1997 U.K. Windfall Profit Tax Act, in order to resolve a conflict between the Third Circuit, which denied the credit in PPL, and the Fifth Circuit, which allowed the credit in Entergy Corp. v. Commissioner. Nominally, the U.K. Act imposed a tax on recently privatized regulated companies of 23 percent of the difference between their ...

And Yet It Moves: A Tax Paradigm For The 21st Century, Reuven S. Avi-Yonah

University of Michigan Program in Law and Economics

A central premise of tax scholarship of the last thirty years has been the greater mobility of capital than labor. Recently, scholars such as Edward Kleinbard have recommended that the US adopt a variant of the 'dual income tax' model used by the Scandinavian countries, under which income from capital is subject to significantly lower rates than labor income because of its supposedly greater mobility. This article argues that the premise upon which this argument is built is mistaken, because for individual US taxpayers (as opposed to corporations), there are significant limitations on their ability to avoid tax by moving ...

Fatca: Toward A Multilateral Automatic Information Reporting Regime, Joanna Heiberg

Washington and Lee Law Review

No abstract provided.

How Nations Share, Allison Christians

Indiana Law Journal

Every nation has an interest in sharing the gains they help create by participating in globalization. Citizens should be very interested in discovering how well their governments fare in claiming an adequate share of this international income stream, since a government that cannot or will not exert its taxing jurisdiction internationally is potentially missing out on a very large and very productive source of revenue. Yet it is all but impossible for citizens to observe exactly how, or how well, their governments navigate this aspect of economic globalization. The vast majority of international tax law plays out in practice through ...

Stateless Income's Challenge To Tax Policy, Part 2, Edward D. Kleinbard

University of Southern California Law and Economics Working Paper Series

This report considers the tax policy implications of the phenomenon of stateless income. Stateless income is income that is derived for tax purposes by a multinational group from business activities in a country other than the domicile of the group’s ultimate parent company but that is subject to tax only in a jurisdiction that is neither the source of the production factors through which it was derived nor the domicile of the group’s parent company. Google Inc.’s ‘‘Double Irish Dutch Sandwich’’ structure is one familiar example.

Part 1 of this report, available at Tax Notes, Sept. 5 ...

Bootstraps And Poverty Traps: Tax Treaties As Novel Tools For Development Finance, Mitchell A. Kane

New York University Law and Economics Working Papers

Current shortfalls in financing required for full achievement of the Millennium Development Goals have led to calls for consideration of novel means of development finance. This Article describes such a novel means of development finance based on a radical rethinking of the typical allocation of tax entitlements in bilateral income tax treaties. The central proposal is for a developing country to surrender, by tax treaty, a portion of its taxing authority in exchange for an upfront capital transfer from the developed country. The developed country would then recoup some portion of the upfront capital transfer through the exercise of the ...

Taxation And Multi-Period Global Cap And Trade, Mitchell A. Kane

New York University Law and Economics Working Papers

The goal of this article is to provide an analytical framework that policymakers can use when approaching questions regarding the taxation of a greenhouse gas emissions permit market that encompasses multiple periods and multiple jurisdictions. Under this framework for tax policy one must initially assess the extent to which certain aspects of climate policy are exogenously fixed. If tax policy is set prior to the establishment of an emissions cap, then the problem should be analyzed as one of optimal provision of public goods and the relevant efficiency condition is that marginal benefits of abatement should equal marginal costs of ...

A Financial Transactions Tax: The One Essential Reform, Ross Buckley

University of New South Wales Faculty of Law Research Series 2012

The financial markets have changed quite fundamentally in the last a few decades, yet the measures we use to regulate them have not really changed at all. The market patterns of high frequency trading, computer generated activity and short-termism are now well entrenched, and will be difficult to change. Of the various ways available to seek to encourage this change, the best, in my view, is a financial transactions tax (FTT). When one analyses most of what has been written of late about the EU’s proposed FTT one finds it to be riddled with myths, inaccuracies and untruths. This ...