Taxation-Transnational Commons^™

Fiscal Policy Impacts On Foreign Direct Investments In The United States, Gerd Braunig

LLM Theses and Essays

Foreign direct investments in the United States have increased significantly over the last several years. Although not a new

phenomenon the acceleration of the growth is noteworthy. In 1980 foreign investors spent $11 billion to acquire or establish businesses

in the United States, which increased the foreign direct investment position at the end of the year to 20% or $65 billion. Though the 1980 increase was less than the $12 billion inflow the foreign investment position remains significant. Moreover, there is an increased rate of reinvested earnings by incorporated affiliates.

This thesis concentrates on the influence of

fiscal policy on …

Tax Reform Act Of 1986: Summary Of Selected Foreign Tax Provisions, Gregory May

William & Mary Annual Tax Conference

No abstract provided.

Book Review

Northwestern Journal of International Law & Business

When a corporation enters foreign markets it must confront the complications of foreign currency exchange. Foreign exchange management ("forex management") taxes the skills of the most creative corporate financial managers. Achieving tax advantages through forex management, or at least avoiding financial disasters, requires the talents of a prophet. To maintain profits, the tax efficient forex manager must reduce taxes while reducing foreign exchange risks. In Tax Efficient Forex Management, John Chown supplies forex managers with the knowledge required to achieve significant tax advantages from managing foreign currency and asset exchange. According to Mr. Chown, the book is intended for both …

Income Taxation Of Social Security Benefits: Balancing Social Policy With Tax Policy, Christopher R. Hoyt

Faculty Works

No abstract provided.

Gaming On The High Seas, Robert D. Faiss, Anthony N. Cabot

NYLS Journal of International and Comparative Law

No abstract provided.

The Foreign Direct Investment Controls, Ruey-Fen Sung

LLM Theses and Essays

Foreign direct investment is the primary engine of economic development. The factors influencing a country's governmental policy of foreign direct investment at an international level constitute a wide and complex subject. This subject in my country,Taiwan, Republic of China, has been receiving increasing attention, for we now face the problems of balance of payments deficits, how to strengthen the N.T. dollar and improve the functions of foreign direct investment etc. In early 1970, the United States had problems similar to those which my country faces now; therefore, I will examine the "Foreign Direct Investment Regulations" (FDIR) of U.S. enacted in …

A Primer For Incorporating Under The Income Tax Laws Of France, Germany, Or The United Kingdom, Francene M. Augustyn

Northwestern Journal of International Law & Business

This article discusses the income tax considerations relevant to a decision to incorporate a business abroad. The article provides an overview of some of the more important aspects of the corporate income tax laws of France, the Federal Republic of Germany, and the United Kingdom. The provisions of the countries' respective tax codes are contrasted and compared; included in this comparison are analogous provisions contained in the Internal Revenue Code of the United States. Due to the ever-changing character of the provisions of the countries' respective tax codes, this article is not an exhaustive study of any one country's tax …

The Experience Of The Phillipines In Taxing Its Nonresident Citizens, Richard Pomp

Faculty Articles and Papers

No abstract provided.

Taxation Of Qualified Plan Distributions: History And Analysis, Christopher R. Hoyt

Faculty Works

No abstract provided.

Tax Shelters: The New Compliance Environment, D. French Slaughter Iii

William & Mary Annual Tax Conference

No abstract provided.

Tax Accrual Workpapers: Protected By A Limited Privilege?, Patricia D. White

Articles

United States of America

v.

Arthur Young & Company and Amerada Hess Corporation

(Docket No. 82-687)

To be argued January 16, 1984

A New Export Policy: The Foreign Sales Corporation And State Unitary Taxation Of Foreign Source Income, Reed D. Rubinstein

Michigan Journal of International Law

Part I of this note will examine the structure of the FSC, and analyze its potential benefits in light of the Domestic International Sales Corporation (DISC) tax incentive. Part II discusses the use of the unitary tax as a disincentive to direct foreign investment by U.S. corporations. Finally, Part III outlines the new export policy based upon a combination of the FSC export incentive and state unitary taxation of foreign-source income. If implemented, this policy would increase export production and discourage direct foreign investment, thereby making a substantial contribution to U.S. economic well-being.

Tax Aspects Of Doing Business With The People’S Republic Of China, Richard Pomp, Timothy A. Gelatt

Faculty Articles and Papers

Before 1979, the People’s Republic of China did not have a logical system of taxing foreign business. That summer, a few selected American tax professors met with Chinese tax officials to explain the complexities of source rules, foreign tax credits, and tax treaties. That gave Chinese officials a detailed knowledge of intricate tax issues, and they have used this knowledge to develop China’s new tax system. Since 1979, China’s tax structure has conformed to generally accepted international structures with the adoption of three important taxes affecting foreign business activity. At first, China’s statutes and regulations did not clearly explain the …

Container Corporation Of America V. Franchise Tax Board: State Taxation Of Foreign Income And The Worldwide Combined Unitary Method: The United States Supreme Court Passes The Buck To Congress, 17 J. Marshall L. Rev. 587 (1984), Daniel Frommeyer

UIC Law Review

No abstract provided.

States' Use Of The Unitary Method: A Taxing Burden On International Commerce, Bryan C. Skarlatos

Penn State International Law Review (1982 - 2011)

This comment will discuss the constitutionality of state use of the unitary method to tax multinational corporations. After considering the problems involved in allocating income between the jurisdictions in which a multinational corporation operates, the comment will examine the two predominant methods of allocation designed to solve these problems. The discussion will then analyze and criticize the Court's decision in Container Corp. v. Franchise Tax Board.

The Supreme Court's "Resolution" Of The Tax Accrual Workpapers Controversy, Diana Gillett Plotkin

Cardozo Law Review

No abstract provided.

Transfer Taxation Without Transfer: Reflections On Employer-Provided Death Benefits, Section 2039, Disclaimers, New Forms Of Wealth, And The Evolution Of The Federal Estate Tax, Edward A. Zelinsky

Articles

No abstract provided.

An Essay On The Conceptual Foundations Of The Tax Benefit Rule, Patricia D. White

Articles

A good deal has been written over the past forty-odd years about the tax benefit rule. Over this period the federal courts have decided many cases in which its application has been at issue, and the law journals have published a small but steady stream of commentary on the rule and its manifestations. Last term, in Hillsboro National Bank v. Commissioner, the Supreme Court issued an opinion that focused squarely, and at some length, on the tax benefit rule. Despite this attention, relatively little has been done to examine the conceptual foundations of the tax benefit rule and to …

Hawaii Tax Held Invalid: Court Decides First Case Of The Term, Patricia D. White

Articles

Aloha Airlines, Inc.

v.

Director of Taxation, State of Hawaii (Docket No. 82-585)

Hawaiian Airlines, Inc.

v.

Director of Taxation, State of Hawaii (Docket No. 82-566)

Argued October 4. 1983. Decided November 1, 1983

The Impact Of The "Foreign Investment In Real Property Tax Act Of 1980" On International Tax Treaties, Karin E. Landmann

LLM Theses and Essays

This thesis will focus on the problem of inconsistency between the new Act and contradictory treaty provisions in treaties with the Tax Haven Countries and Scandinavian Countries and seek possible solutions for such conflicts.

International Tax Evasion: Spawned In The United States And Nurtured By Secrecy Havens, Allaire U. Karzon

Vanderbilt Journal of Transnational Law

The United States system of income taxation is predicated upon the voluntary self-assessment and payment of tax. Voluntary compliance, in turn, depends upon the confidence of United States citizens that the taxation system is basically fair, that the tax burden essential to maintain the government is shared by all in proportion to their net income, and that those who cheat are discovered and prosecuted. Circumstances that allow certain taxpayers to escape their proper tax liability successfully tempt others to seek tax evasion devices for themselves, and, more importantly, demoralize the conscientious majority who pay their just share of taxes but …

Federal Income Taxation Of Fine Art, Jeffrey C. Mccarthy

Cardozo Arts & Entertainment Law Journal

No abstract provided.

Recapture Of Past Foreign Branch Losses On Transfer Of Branch Assets To A Foreign Corporation, E.C. Jr. Lashbrooke

Northwestern Journal of International Law & Business

A domestic corporation operating in a foreign country through a branch office includes income from that operation in its worldwide income and deducts losses from its worlwide income. Net losses from foreign branch operations reduce the amount of income subject to the federal income tax. If at a future date the domestic corporation incorporates its foreign branch and transfers the branch assets to the foreign corporation in exchange for its stock or securities, any future unearned income of the foreign corporation is removed from United States tax jurisdiction, provided that the foreign corporation does not engage in the conduct of …

The Economic Benefit Concept Of Gross Income Applied To The Tax Treatment Of Illegal Payments, Stephen M. Breistone

Cardozo Law Review

No abstract provided.

The Estate And Gift Tax Changes Of 1981: A Brief Essay On Historical Perspective, Edward A. Zelinsky

Articles

No abstract provided.

Taxation: Tribal Taxation, Secretarial Approval, And State Taxation--Merrion And Beyond, David B. Wiles

American Indian Law Review

No abstract provided.

United States Tax Treaty Policy: An Overview, H. David Rosenbloom, Stanley Langbein

Articles

No abstract provided.

The Evolving Tax System Of The People’S Republic Of China, Richard Pomp, Timothy A. Gelatt, Stanley Surrey

Faculty Articles and Papers

In 1980, the People’s Republic of China adopted an income tax on joint ventures and individuals. These two taxes have created great speculation since the passage of the Chinese Joint Venture Law in 1979, which created rules and procedures for foreign investors. Much of this interest arises due to the common misconceptions surrounding China’s tax structure. After the enactment of the two aforementioned taxes, eleven distinct taxes exist in China.

This article examines the consolidated industrial and commercial tax and various income taxes, which are most relevant to foreigners. Section I describes the consolidated industrial and commercial tax. Section II …

Year-End Divorce/Remarriage Schemes And The Applicability Of The Sham Doctrine, Elissa Kahn Halperin

Cardozo Law Review

No abstract provided.

Do Chinese Income Taxes Qualify For The U.S. Foreign Tax Credit, Richard Pomp, Timothy A. Gelatt

Faculty Articles and Papers

The desirability of doing business in any foreign country may turn on the ability to avoid double taxation. This issue is a serious concern for foreign countries. For example, in China authorities have expressed a willingness to pursue a treaty specifically removing the problem of double taxation regarding a proposed petroleum or mineral exploitation tax. However, without such a treaty, U.S. taxpayers will be left with an important question: Will the Chinese income taxes be creditable against their U.S. income taxes?

A U.S. foreign tax credit is generally allowed for foreign income taxes paid or accrued, or for foreign income …