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Tax Law

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Law & Economics Working Papers Archive: 2003-2009

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2009

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Corporate And International Tax Reform: Long-, Medium-, And Short Term Proposals, Reuven S. Avi-Yonah Jul 2009

Corporate And International Tax Reform: Long-, Medium-, And Short Term Proposals, Reuven S. Avi-Yonah

Law & Economics Working Papers Archive: 2003-2009

The current controversy surrounding President Obama’s international tax proposals seems like an opportune moment to try to consider them in context. How do these proposals fit in with an agenda for US corporate and international tax reform?

Few observers doubt that such reforms are sorely needed, for several reasons. First, the long-term budgetary outlook is unsustainable. Second, the US corporate tax rate is among the highest in the OECD. Third, the current system raises relatively little revenue and large amounts of corporate income go untaxed. Finally, the system is horrendously convoluted and imposes high transaction costs.

This paper will attempt …


Designing A Federal Vat: Summary And Recommendations, Reuven S. Avi-Yonah Jun 2009

Designing A Federal Vat: Summary And Recommendations, Reuven S. Avi-Yonah

Law & Economics Working Papers Archive: 2003-2009

For the past thirty-five years, the debate on fundamental tax reform in the United States has centered on whether some type of consumption tax would replace all or part of the federal income tax. In my opinion, this debate has now been decided. Given recent budgetary developments and the impending eligibility of the baby boom generation for Social Security and Medicare, we cannot dispense with the revenue from the corporate and individual income tax. Moreover, we will need huge amounts of additional revenue, and most informed observers believe that the only plausible source for such revenues is a federal Value …


Structuring A Us Federal Vat, Reuven S. Avi-Yonah May 2009

Structuring A Us Federal Vat, Reuven S. Avi-Yonah

Law & Economics Working Papers Archive: 2003-2009

On 18 and 19 February 2009, the American Tax Policy Institute (ATPI) sponsored a conference in Washington, DC, on "Structuring a Federal VAT: Design and Coordination Issues." The conference was co-organized by Charles E. McLure, Jr. of Stanford University and the present writer, and featured many of the world's leading VAT experts from academia, government, and the private sector.

The purpose of the conference was to lay the ground for a potential future adoption of a federal VAT in the United States by discussing some of the technical issues related to two broad topics: Firstly, how should such a US …


A New Era Of Tax Enforcement: From 'Big Stick' To Responsive Regulation, Sagit Leviner Feb 2009

A New Era Of Tax Enforcement: From 'Big Stick' To Responsive Regulation, Sagit Leviner

Law & Economics Working Papers Archive: 2003-2009

This Article explores the economics of crime and compliance as the dominant approach to U.S. tax enforcement of the past three and a half decades. It evaluates the key advantages and disadvantages of the economic model as well as its application to tax. The Article then addresses the multiplicity of taxpayer behavior and the need and prospect of balancing the economically conceived methods of detection and punishment against other, more cooperative, means and developing a broader approach to tax enforcement more generally. The Article explores responsive regulation as a case study for an alternative method to tax enforcement that heavily …


Of Coase, Calabresi, And Optimal Tax Liability, Kyle D. Logue, Joel B. Slemrod Jan 2009

Of Coase, Calabresi, And Optimal Tax Liability, Kyle D. Logue, Joel B. Slemrod

Law & Economics Working Papers Archive: 2003-2009

The Coase Theorem and the vast literature it inspired explore two basic questions: to whom should responsibility for external harms be assigned and how will that assignment matter. Building on the Coasean insight in the torts context, Guido Calabresi observed that the assignment of tort liability can indeed matter from an efficiency perspective and should, under certain assumptions, be assigned to the “cheapest cost avoider.” This article applies a similar Coasean/Calabresian framework to a related (though not identical) set of questions in the tax context: To whom should the responsibility for remitting taxes be assigned and when and how will …