Taxing Data,
2022
Brigham Young University Law School
Taxing Data, Omri Marian
BYU Law Review
The Article offers a new theory of tax on data collection and transmission as a primary source of government revenue. This tax does not depend on the monetary value of data. This "data tax" can supplement, and in some instances replace, income taxes. The data tax can (1) mitigate some of the failures of income taxes in a globalized data based economy, and (2) serve to alleviate some of the externalities of a data based economy. The Article advances the following four arguments. First, current challenges to tax systems stem largely from the fact that traditional models of taxation were ...
Is Trade Sexist? How “Pink” Tariff Policies’ Harmful Effects Can Be Curtailed Through Litigation And Legislation,
2022
Brigham Young University Law School
Is Trade Sexist? How “Pink” Tariff Policies’ Harmful Effects Can Be Curtailed Through Litigation And Legislation, Miranda Hatch
BYU Law Review
No abstract provided.
State Crypto Regulation: Competing Priorities Shaping Different Outcomes,
2022
Seattle University School of Law
State Crypto Regulation: Competing Priorities Shaping Different Outcomes, John T. Bender
Seattle Journal of Technology, Environmental & Innovation Law
“Cryptomania” is approaching fever pitch. Public officials, practitioners, and investors alike are becoming convinced that what began as a thought experiment has given rise to a full-fledged movement that is here to stay. This movement could potentially transform the modern financial system as we know it.
Today, crypto assets and related platforms are increasingly being adopted to store, secure, and transmit massive amounts of monetary value worldwide. Enforcement agencies like the Securities and Exchange Commission and the Commodity Futures and Trading Commission have ventured into the fray by employing existing legal regimes to regulate in this new frontier. At the ...
International Tax,
2022
Southern Methodist University
International Tax, Javier Canosa, Aseem Chawla, Pamela A. Fuller, Chandni Javeri, Priyanka Mongia, Jorge Lopez, Marco Ottenwälder, Jan Neugebauer, Eugenio Romita, Guillermo Villaseñor
The Year in Review
No abstract provided.
Cross-Border Real Estate,
2022
Southern Methodist University
Cross-Border Real Estate, Timur Bondaryev, Olga Ivanova, Felipe Isa Castillo, Avikshit Moral, Apurva Kanvinde
The Year in Review
No abstract provided.
What Is Insurance? An Analysis Of The Tax Deductibility Of Captive Insurance Premiums,
2022
Northern Illinois University
What Is Insurance? An Analysis Of The Tax Deductibility Of Captive Insurance Premiums, John D. Patten
Honors Capstones
What is insurance for the purposes of a tax deduction? The Internal Revenue Code does not define insurance. Without this definition, taxpayers using alternative insurance products to manage their risks must look to case law to determine whether their arrangements count as tax deductible insurance or non-deductible self-insurance. This paper dives into the four prongs of insurance: insurance risk, risk shifting, risk distributing, and commonly accepted notions of insurance. This paper looks to cases that have dealt with the deduction of captive insurance premiums to provide better insight into the practical application of this test. After discussing the evolution of ...
The Strange And Curious Tax Treatment Of Investment Expenses,
2022
Villanova University Charles Widger School of Law
The Strange And Curious Tax Treatment Of Investment Expenses, Jay A. Soled, Mallory A. Morris
Villanova Law Review
No abstract provided.
A Geographically Targeted Approach For A Preceptor Tax Incentive Using Primary Care Health Professional Shortage Areas (Hpsas),
2022
Commonwealth Policy Coalition
A Geographically Targeted Approach For A Preceptor Tax Incentive Using Primary Care Health Professional Shortage Areas (Hpsas), Julia Mattingly, Sarah Belcher, Samuel C Kessler
Commonwealth Policy Papers
Years before the COVID-19 pandemic brought on a health care shortage in Kentucky, its rural areas were already struggling to obtain and attract primary care medical practitioners. Even though the number of medical school graduates in the U.S. has steadily increased throughout the years, there is a general disinterest in rural or small-town practice, and legislators throughout the country have pondered ways to address this issue plaguing communities. Versions of Preceptor Tax Incentive legislation in Kentucky have been proposed in the General Assembly to address care shortages in the state, however, all have been unsuccessful at truly targeting rural ...
Written Testimony Of Philip Hackney For The Hearing On Laws And Enforcement Governing The Political Activities Of Tax-Exempt Entities (U.S. Senate Finance Committee Subcommittee On Taxation And Irs Oversight, May 4, 2022),
2022
University of Pittsburgh School of Law
Written Testimony Of Philip Hackney For The Hearing On Laws And Enforcement Governing The Political Activities Of Tax-Exempt Entities (U.S. Senate Finance Committee Subcommittee On Taxation And Irs Oversight, May 4, 2022), Philip Hackney
Testimony
Are tax laws and IRS enforcement up to the task of overseeing the tax issues associated with the political activities of tax-exempt organizations? Though the tax laws governing the tax-exempt realm are wanting, our overall legal structure is not bad. It is justifiable at least. Where we fall down as a nation in this space is in the enforcement. We do not allocate enough resources to this arena, and we do not institutionally offer the support necessary to enforce these laws. These failures do not favor one party over the other but favor those interests in the country with the ...
A Memorial And Remonstrance Against Taxation Of Churches,
2022
Brigham Young University Law School
A Memorial And Remonstrance Against Taxation Of Churches, Reece Barker
BYU Law Review
No abstract provided.
Green, Or Greed? A Fresh Perspective On The Valuation Of Conservation Easements,
2022
Boston Univeristy School of Law
Green, Or Greed? A Fresh Perspective On The Valuation Of Conservation Easements, Alan Feld, Theodore Sims, Jacob Nielson
Faculty Scholarship
Charitable contributions of "conservation easements" have since 1980 allowed high-income taxpayers to shelter income from taxation through overvalued deductions. Overvaluation has increased dramatically in the past 20 years: a 2016 study of all easement decisions since 1980 reported that while overvaluation had averaged by a factor of two before 1994, it averaged by a factor of ten for decisions between 1994 and 2016. SOI data disclose that aggregate easement contributions deducted on Schedule A grew from $2.26 billion in 2015 to $6.5 billion in 2018 (the most recent year available). A recent report by supporters of conservation easements ...
Fiscal Transformations Due To Ai And Robotization: Where Do Recent Changes In Tax Administrations, Procedures And Legal Systems Lead Us?,
2022
Northwestern Pritzker School of Law
Fiscal Transformations Due To Ai And Robotization: Where Do Recent Changes In Tax Administrations, Procedures And Legal Systems Lead Us?, Maria Amparo Grau Ruiz
Northwestern Journal of Technology and Intellectual Property
Tax administrations are currently experiencing transformations worldwide. This phenomenon has an impact on traditional tax rules. Increased technological capabilities open the door to review procedural and substantial regulation. The reinforcement of reporting and transparency requirements, and the connectivity between information systems in the public and private sector, will probably have a decisive influence on the evolution of tax law. Chatbots capture relevant data about the legal persons subject to different types of tax obligations. This information may be used to prepare more detailed administrative guidance, or even design future normative reforms. To efficiently protect justice and the rule of law ...
Questions The Irs Will Not Answer,
2022
DePaul University
Questions The Irs Will Not Answer, Emily L. Cauble
Indiana Law Journal
When a taxpayer plans to undertake a transaction and its tax consequences are unclear, the taxpayer can request a letter ruling from the IRS. The IRS issues numerous letter rulings each year. In 2020, for instance, the IRS issued 777 letter rulings. The IRS refrains from issuing letter rulings on certain topics. At the beginning of each year, the IRS publishes an updated list of the topics on which it will not rule. Many of the topics on which it will not rule arise in areas of tax law governed by standards where the tax outcome depends heavily on each ...
Shining A Bright Light On The Color Of Wealth,
2022
University of Texas at Austin School of Law
Shining A Bright Light On The Color Of Wealth, A. Mechele Dickerson
Michigan Law Review
A Review of The Whiteness of Wealth: How the Tax System Impoverishes Black Americans—and How We Can Fix It . By Dorothy A. Brown.
Zambia Revenue Authority V Matalloy Company Limited Scz/08/016/2020,
2022
LL.M. candidate, University of Cape Town
Zambia Revenue Authority V Matalloy Company Limited Scz/08/016/2020, Mwaba Mulenga Chileya
SAIPAR Case Review
Justice Mumba Malila supplements the jurisprudence on tax law in this judgment that deals with the obligation of a taxpayer in tax cases. The case focused on the responsibility of taxpayers to prove their eligibility for a tax credit from the Zambia Revenue Authority. Briefly, the case also discusses the concept of tax credits, and their use by taxpayers.
The Intergenerational Equity Case For A Wealth Tax,
2022
University of Cincinnati College of Law
The Intergenerational Equity Case For A Wealth Tax, Daniel Schaffa
University of Cincinnati Law Review
Intergenerational equity is commonly set aside in favor of other policy objectives, perhaps because of the extreme challenges inherent in adopting and applying an intergenerational equity normative framework. Even when there is a near consensus that the choices of today will have substantial costs in the future, these costs are often downplayed or disregarded. This Article asks whether there are measures that might offer redress to a generation for the costs imposed on it by its predecessors and finds that a one-time wealth tax is a promising option. Although its analysis applies more generally, this Article focuses on the widely ...
International Taxes,
2022
Southern Methodist University
International Taxes, Sunita Doobay, Daniel Gottfried, Christie Galinski, Gagan Kumar, Jorge Lopez, Elinore Richardson, Eugenio Romita, Guillermo Villaseñor
The Year in Review
No abstract provided.
A New Framework For Digital Taxation,
2022
University of Michigan Law School
A New Framework For Digital Taxation, Reuven S. Avi-Yonah, Young Ran (Christine) Kim, Karen Sam
Law & Economics Working Papers
The international tax regime has wide implications for business, trade, and the international political economy. Under current law, multinational enterprises do not pay their fair share of taxes to market countries where profits are generated because market countries are only allowed to tax companies with a physical presence there. Digital companies, like Google and Amazon, can operate entirely online, thereby avoiding market country taxes. Multinationals can also exploit existing tax rules by shifting their profits to low-tax jurisdictions, thereby avoiding taxes in the residence country where their headquarters are located.
Recently, a global tax deal was reached to tackle these ...
Is The Biggest Offer The Best Offer?,
2022
South Texas College of Law Houston
Is The Biggest Offer The Best Offer?, Alyssa Croft
Pace Intellectual Property, Sports & Entertainment Law Forum
Many people strive to be professional athletes because of the respect and accomplishment it receives. You make a lot of money, it can be glamorous, you are in commercials and magazines, and sometimes even movies. However, there are some things people do not think about when it comes to professional athletes. One of the biggest is taxation! There are so many different things athletes must think about and do because of taxes so they can take home the most amount of money possible. Athletes must be careful about who they hire to help them with their taxes because they want ...
Ending The Economic War Among States,
2022
Cleveland-Marshall College of Law
Ending The Economic War Among States, Nathan Altstadt
Cleveland State Law Review
The United States is under siege; however, the cause is not a foreign adversary. Rather, infighting among states to attract and retain big businesses is jeopardizing the Nation’s economic prosperity.
States compete for businesses, using tax incentives, hoping to capitalize on the benefits these businesses represent. Benefits include improved job growth numbers, a future increase in tax revenue, or, simply, elevated political clout. While competition can lead to a more efficient use of resources, unregulated competition between states for businesses does not illustrate this theory. A national auction for a business, where states are blind to rival offers, may ...