Tax Law Commons^™

Fair Approaches For Taxing Previously Untaxed Foreign Income, Jeffrey M. Kadet

Articles

In connection with any transition to a new international tax system, we need an approach that effectively deals with the trillions of dollars of previously untaxed foreign income held by CFCs. There is logic and fairness in applying a rate on those earnings that is less than the 35 percent home country rate because the rules of the game are being changed significantly.

Many U.S. multinationals have had legitimate commercial reasons for retaining their earnings overseas. For these, I can happily accept whatever rate Congress chooses, whether it is at the lower 3.5 percent level of TRA 2014, the 14 …

The Treasury's Twenty Year Battle With Treaty Shopping: Article 16 Of The 1977 United States Model Treaty, Robert R. Oliva

Georgia Journal of International & Comparative Law

No abstract provided.

Multistate Export Trade Promotion Under The Export Trading Company Act Of 1982, Joseph M. Gannam

Georgia Journal of International & Comparative Law

No abstract provided.

Annual Survey Of Developments In International Trade Law: 1983, Georgia Journal Of International And Comparative Law

Georgia Journal of International & Comparative Law

No abstract provided.

Annual Survey Of Developments In International Trade Law: 1984, Georgia Journal Of International And Comparative Law

Georgia Journal of International & Comparative Law

No abstract provided.

G8 Principles: Identifying The Anonymous, Max Biedermann

Brigham Young University International Law & Management Review

No abstract provided.

All Or Nothing? The Obama Budget Proposals And Beps, Reuven S. Avi-Yonah

Articles

There is a wide bipartisan consensus that the U.S. international tax regime is broken. We have the highest corporate tax in the OECD, which at 35 percent imposes a real burden on corporations earning mostly U.S.-source income. At the same time, U.S.-based multinationals pay very low effective tax rates on foreign-source income earned through their subsidiaries, leading to a strong incentive to shift profits out of the United States. Finally, the United States is among the few countries to fully tax dividends paid by foreign subsidiaries to their domestic parents, leading to the “trapped income” phenomenon in which $2 trillion …

How The Über-Wealthy Benefit From Investing Outside Retirement Plans (And How You Can Too), Sergio Pareja

Faculty Scholarship

Current law incentivizes the use of traditional retirement plans, but those plans may not actually produce the best long-term tax situation for the taxpayer. The stepped-up basis at death does not apply to what is known as “income in respect of a decedent” (IRD). Generally, IRD is income that cannot be assigned from one person to another for income tax purposes. This includes pre-tax income set aside in a traditional employer-sponsored retirement plan, such as a 401(k) plan, as well as contributions to a deductible individual retirement account (IRA). Thus, stock held within a traditional employer-sponsored retirement plan or a …

Super - Liens To The Rescue? A Case Against Special Districts In Real Estate Finance, Christopher K. Odinet

Washington and Lee Law Review

No abstract provided.

Unregulated Tax Return Preparers: Not Loving The Penalties, Sarah Oyer

San Diego Law Review

In order to combat the problem of taxpayer noncompliance and to decrease the tax gap, the IRS has decided it is time to regulate tax return preparers. Regulations may be the answer to these problems, but the specific regulations the IRS wants to implement may overpenalize tax return preparers. This Comment argues that tax return preparers should be regulated but Congress needs to enact legislation that would limit the penalties and align them with those already in place for tax return preparer misconduct. Part II outlines the background surrounding the regulations and the reasons the IRS decided to implement the …

King V. Burwell: Brief For Professors Thomas W. Merrill, Gillian E. Metzger, Abbe R. Gluck, And Nicholas Bagley As Amici Curiae Supporting Respondents, Nicholas Bagley

Appellate Briefs

The Amici teach and write about federalism, constitutional law, and legislation. Amici submit this brief in the hope that its analysis of the federalism issues in this case will be of value to the Court.

The parties to this case have set forth two opposing interpretations of the Exchange provisions of the Patient Protection and Affordable Care Act (ACA), Pub. L. No. 111-148, 124 Stat. 119. Under petitioners' interpretation, federal taxpayer subsidies are available only to those who purchase insurance on Exchanges that are set up by the States and are not available to those who do so on HHS-facilitated …

Tax Reform Act Of 1984 - International Related-Party Factoring - A Major Tax Loophole For Multinational Corporations Is Closed, Phil Conner

Georgia Journal of International & Comparative Law

No abstract provided.

Tax Reform Act Of 1984 - Netherlands Antilles - Effect Of The Repeal Of The Withholding Tax On Portfolio Interest Payments To Foreign Investors, Lee C. Dilworth

Georgia Journal of International & Comparative Law

No abstract provided.

New Tax Withholding Rules For Foreign-Owned United States Real Estate, John D. Maiers

Georgia Journal of International & Comparative Law

No abstract provided.

Nuts And Bolts Of Unrelated Business Income Tax, Terri Lynn Helge

Faculty Scholarship

This paper summarizes the unrelated business income tax rules as they apply to tax-exempt charitable organizations described in Section 501(c)(3) of the Code. Since the 1950s, the unrelated business income tax has been imposed on a charity’s net income from a regularly carried on trade or business that is unrelated to the charity’s tax-exempt purposes. Often times, the justification for imposing this tax on a charity’s net income from unrelated business activities is that such activities involve unfair competition with the charity’s for-profit counterparts.

The Legal Quagmire Of Irc § 501(C)(4) Organizations And The Consequential Rise Of Dark Money In Elections, Daniel C. Kirby

Chicago-Kent Law Review

Section 501(c)(4) organizations have recently become a hot topic with respect to campaign finance. Following the 2010 Supreme Court case, Citizens United v. Federal Election Commission, the number of IRC § 501(c)(4) organizations ballooned in number, and the amount of money flowing through § 501(c)(4) groups increased 2390 percent from the 2008 election cycle to the 2012 election cycle. This essay explores the dangers to the campaign finance system of the substantial increase in spending by IRC § 501(c)(4) organizations. The foundational claim of this essay is that IRC § 501(c) is in need of a statutory and regulatory overhaul …

Annual Survey Of Developments In International Trade Law: 1985, Georgia Journal Of International And Comparative Law

Georgia Journal of International & Comparative Law

No abstract provided.

Phishing And Vat Fraud In Co2 Permits: The Digital Invoice Customs Exchange Solution, Richard Thompson Ainsworth

Faculty Scholarship

In accordance with Directive 2003/87/EC of October 13, 2003, trade in greenhouse gas emissions commenced in the European Union (EU) on January 1, 2005. The EU-Emissions Trading System (EU-ETS) was born.

The EU has a Value Added Tax (VAT). VAT is a transaction-based levy on all trade in goods and services. Each Member State has a VAT as a condition of membership. Until January 3, 2017 transactions in CO2 permits are taxed as services. After this date they are exempt as financial instruments.

This change in VAT treatment of CO2 permits is directly attributable to rampant fraud in the market. …

Annual Survey Of Developments In International Trade Law: 1986, Paul G. Justice, Hilda H. King, John R. Schneider

Georgia Journal of International & Comparative Law

No abstract provided.

How Far Does Circular 230 Exceed Treasury’S Statutory Authority?, Steve R. Johnson

Scholarly Publications

Treasury regulations defining the duties of those practicing before the IRS, commonly called Circular 230, are a cornerstone of federal tax practice. Recent judicial decisions, however, raise the genuine possibility that substantial portions of Circular 230 may be invalidated if challenged.

This possibility began to be taken seriously as a result of the 2013 opinion in Loving v. IRS, the 2014 affirmation of that judgment, and the government’s decision not to seek en banc or Supreme Court review. The concerns intensified with the July 2014 decision in Ridgely v. Lew. They may intensify further – or be deflated – by …