Dividend Distribution Tax: More Than Meets The Eye - A Critical Analysis Of Polycab India Ltd. V. Assistant Commissioner Of Income-Tax,
National Law School of India University
Dividend Distribution Tax: More Than Meets The Eye - A Critical Analysis Of Polycab India Ltd. V. Assistant Commissioner Of Income-Tax, Ashrita Kotha
Articles
The case emanates from the dividend distribution tax (DDT) paid by Polycab on shares held by International Finance Corporation (IFC), one of its shareholders. IFC was set up by an international agreement to support the private sector in developing countries and was granted tax immunity on its income and transactions under the founding multilateral treaty and supporting domestic law. Polycab sought refund of DDT owing to IFC's immunity. The Income Tax Appellate Tribunal (ITAT) ruled in favour of Polycab by considering dividend distribution within the immunity clause and reading in an exemption into the income tax legislation. Significantly, the DDT …
The Indirect Taxes,
Washington University in St. Louis
The Indirect Taxes, Conor Clarke, Ari Glogower
Scholarship@WashULaw
Article I of the Constitution empowers Congress to “lay and collect Taxes, Duties, Imposts and Excises.” It is arguably Congress’s most important power. A government’s first task is to fund itself, and the absence of an enforceable funding mechanism under the Articles of Confederation was a primary reason for the Constitution in the first place. Yet scholarly and judicial attention has focused mostly on the term “taxes” (and specifically what constitutes a “direct tax” that must be apportioned) while largely overlooking the three terms that follow—the duties, imposts, and excises that are collectively known as the “indirect taxes.”
While poorly …
Tax Incentives For Attracting Foreign Direct Investment In Sub-Saharan Africa: A Comparative Study Of Ghana And Kenya,
Schulich School of Law, Dalhousie University
Tax Incentives For Attracting Foreign Direct Investment In Sub-Saharan Africa: A Comparative Study Of Ghana And Kenya
LLM Theses
Developing countries have increasingly resorted to the use of tax incentives to attract FDI, despite existing evidence of the shortcomings of tax incentives. In sub-Saharan Africa, tax incentives are a prominent feature of many investment codes. Sub-Saharan African countries find tax incentives as a means of attracting FDI because there are no viable alternatives per se, and they believe that tax incentives can be structured to ensure that FDI advances socio-economic and technological development. But the reliance on tax incentives at the expense of maximizing domestic tax revenue poses a challenge to sustainable development. This study examines Ghana and Kenya …
Understanding Section 704(C) (Powerpoint),
William & Mary Law School
Understanding Section 704(C) (Powerpoint)
William & Mary Annual Tax Conference
No abstract provided.
Tax Laws And Proportionality: Analyzing Implementation And Advocating For Reform,
University of Michigan Law School
Tax Laws And Proportionality: Analyzing Implementation And Advocating For Reform, Moshe Jaffe
SJD Dissertations
The application of judicial review to tax legislation presents unique challenges and inconsistencies. This study contends that the proportionality doctrine, widely used in numerous legal systems, offers the best framework for reviewing the constitutionality of tax laws. By examining the implementation of proportionality in countries such as Germany, Israel, and Canada, this research argues that adopting this doctrine—excluding the Stricto Sensu sub-test—could provide a more consistent and fair method for judicial review of tax legislation. Specifically, this approach avoids the indeterminacy and subjectivity often associated with open-ended balancing, while still ensuring that tax measures serve legitimate aims and employ means …
Understanding Consolidated Returns,
University of Florida Levin College of Law
Understanding Consolidated Returns, Martin Mcmahon
UF Law Faculty Publications
Section 1501 allows all of the members of an affiliated group of corporations to elect to file a consolidated return. A consolidated return permits the includible members of an affiliated group of corporations to combine their incomes into a single return. The detailed rules for filing consolidated returns are found in regulations promulgated pursuant to a broad delegation of authority in section 1502 of the Internal Revenue Code. In general, the regulations reflect a “single entity” approach that attempts to treat the several members of a consolidated group in the same manner as divisions of a single corporation. This article …
Perbandingan Sistem Hukum Civil Law Dan Common Law Dalam Penerapan Yurisprudensi Ditinjau Dari Politik Hukum,
Universitas Indonesia
Perbandingan Sistem Hukum Civil Law Dan Common Law Dalam Penerapan Yurisprudensi Ditinjau Dari Politik Hukum, Praise Juinta Siregar
"Dharmasisya” Jurnal Program Magister Hukum FHUI
The legal system is related to the concept of law, where the two things have an inseparable relationship with each other. In principle, the legal system regulates the life of a community so that conflicts do not occur, where if the conflict is unavoidable, then the legal system has an important role in resolving the conflict. The legal system in the judiciary has a major influence in the application of the law, especially for judges in examining and deciding a case. The Panel of Judges in deciding a case will definitely pay close attention to the legal system in its …
Opportunities And Pitfalls Under Sections 351 And 721,
William & Mary Law School
Opportunities And Pitfalls Under Sections 351 And 721, William Richardson, Craig Rascoe
William & Mary Annual Tax Conference
No abstract provided.
Section 1014(B)(6) And The Boundaries Of Community Property,
University of Nevada, Las Vegas -- William S. Boyd School of Law
Section 1014(B)(6) And The Boundaries Of Community Property
Nevada Law Journal
No abstract provided.
A Primer On Protecting Tax Losses From A Section 382 Ownership Change,
William & Mary Law School
A Primer On Protecting Tax Losses From A Section 382 Ownership Change, Mark Van Deusen
William & Mary Annual Tax Conference
No abstract provided.
Featured Publications
