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Journal articles on the topic 'Tax residency'
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Ryabova, Elena V. "Digital Migration of Individuals: Legal Issues of International Taxation." Migration law 2 (June 3, 2021): 26–30. http://dx.doi.org/10.18572/2071-1182-2021-2-26-30.
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Purpose: to assess the existing prospects for e-tax residence on the basis of the revealed significant characteristics of existing approaches to e-individual residence in foreign countries and international tax consequences. Methods: an analysis of the legal regime for e-residents in Estonia from the standpoint of taxing digital business in this country by Russian tax residents, an analysis of the legal regime for digital “nomads” introduced by countries with a comfortable climate, as well as an analysis of a draft introducing e-tax residence regime in Ukraine. The paper is based on the comparative study and the extrapolation of the findings got from the analysis of the draft law in Ukraine to the Russian reality. Findings: the analysis of e-residency regimes for individuals in foreign countries showed the existence of two main approaches to their design: (1) e-residency, not based on physical presence and loss of tax residency in one’s own country, with the right to conduct digital business through a company — tax resident (Estonian experience), and (2) tax residency for digital “nomads” for the purpose of physical presence in a country with comfortable climatic environment and remote work in their countries, accompanied by the potential loss of tax residency in the country of labor or business. Conclusion: In connection with the digitalization, the legislator in foreign countries provides interesting ideas regarding the digital or physical attraction of migrants to their countries. Several countries have announced the launch of e-tax residency programs. However, in the context of traditional international taxation related to personal income such programs will show ineffectiveness.
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Hristov, Dimitar, and Anna Zeitlinger. "Russian tax residency rules and Double Tax Treaties – an Austrian example." Trusts & Trustees 23, no. 6 (July 1, 2017): 627–31. http://dx.doi.org/10.1093/tandt/ttx074.
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Goetz, Eva M. "AURES Holdings a.s. (C-405/18) at the Intersection of Cross-Border Loss Relief, Corporate Exit Taxation and Dual Residency Mismatches." Intertax 49, Issue 2 (February 1, 2021): 166–85. http://dx.doi.org/10.54648/taxi2021015.
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This contribution examines the decision of the Court of Justice of the European Union (CJEU) of 27 February 2020 in Case C-405/18 AURES Holdings a.s. on the application of the Marks & Spencer final losses doctrine to dual resident companies that transfer their treaty residence (place of effective management) to another Member State. The CJEU applied a two-step comparability analysis based on Timac Agro and Bevola to exclude current not-subject-to-tax emigration losses (not linked to the ability-to-pay of the immigrated company) from its preferred approach to always take final losses into account somewhere in the internal market. The immigration state was not forced to apply its taxing powers asymmetrically over emigration losses to prevent a conflict with the principle of fiscal territoriality in exit tax cases and international tax practice against base erosion and profit shifting (BEPS). If the immigration state still sovereignly decides to take these losses into account pursuant to a bilateral tax treaty, Article 9(b) of the Anti-Tax Avoidance Directive (ATAD) on dual residency mismatches prevents dual loss utilization. ATAD, Aures, Bevola, comparability, conversion, exit tax, hybrid mismatch, final losses, POEM, Timac Agro.
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Lincoln, Charles Edward Andrew. "Is Incorporation the Solution to the Enigma of Corporate Tax Residency for International Tax Purposes?" Texas A&M Law Review 7, no. 4 (July 2020): 35–47. http://dx.doi.org/10.37419/lr.v7.arg.3.
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Incorporation of a company for testing residency—if applied uniformly—is likely the best and most accurate way to reflect corporate residency for tax purposes. However, it does not always reflect economic reality. There is not a consensus on what the best approach is. The Organization for Economic Cooperation and Development (“OECD”) countries overwhelmingly use three tests for residency: incorporation, central management and control, and domicile. Indeed, a court in the United States or other jurisdictions may often ask if tax-avoidance motives exist when incorporation occurs in one jurisdiction and central management and control occurs in another. This Article follows the 2017 Tax Cuts and Jobs Act on many international tax provisions that caused a shift in thinking at both the U.S. level, and at the international level in terms of deciding what formulations would be the best way to ensure proper taxation while promoting horizontal and vertical equity. The genesis of this Article is a response and critique of an article on the same subject by the same author: Charles Edward Andrew Lincoln IV, Is Incorporation Really Better Than Central Management and Control for Testing Corporate Residency? An Answer to Corporate Tax Evasion and Inversion, 43 Ohio N.U. L. Rev. 359 (2017). The author now critiques the point of that article and comes to a different conclusion based on different criteria: specifically, new case law, Musgrave’s economic theory of accretion of wealth, and the importance of substance-over-form doctrines.
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Roin, Julie. "Changing Places, Changing Taxes: Exploiting Tax Discontinuities." Theoretical Inquiries in Law 22, no. 1 (January 1, 2021): 335–79. http://dx.doi.org/10.1515/til-2021-0012.
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Abstract President Trump’s decision to move his official state of residence from high-tax New York to no (income)-tax Florida has brought public attention to an issue that has long troubled scholars, designers and administrators of income tax systems: how the interaction of tax rules deferring the taxation of income and tax rules based on residency allows taxpayers to reduce and even avoid taxation of their deferred income. These discontinuities in tax treatment may lead to excessive migration, as well as reductions in state income tax revenues and distortions in the design of state taxing mechanisms. This Article explains what states would have to do to eliminate these avoidance opportunities. However, it also points out that many of these policy changes would create other tax discontinuities. Ultimately, it leaves open the question whether making any of these changes would lead to fewer financial and behavioral distortions.
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Andryushin, Sergey V. "The Essence and Meaning of the “Tax Residency” Category." Financial law 2 (February 19, 2020): 38–41. http://dx.doi.org/10.18572/1813-1220-2020-2-38-41.
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Ware, J., and P. Roper. "South Africa: Brief Overview of the Tax Residency Tests." Trusts & Trustees 8, no. 5 (April 1, 2002): 23–25. http://dx.doi.org/10.1093/tandt/8.5.23.
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Streng, William P. "USA: Revised income tax rules for determining residency status." Intertax 13, Issue 4 (April 1, 1985): 95–96. http://dx.doi.org/10.54648/taxi1985037.
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Cibula, Tomas, Matej Kacaljak, and Peter Rakovsky. "Tax treaties between Slovakia and the Middle East countries." Journal of Research in Emerging Markets 3, no. 1 (January 30, 2021): 58–65. http://dx.doi.org/10.30585/jrems.v3i1.601.
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The objective of this article is to provide a basic systematic review of tax treaties between Slovakia and the Middle East States and their similarities and differences as compared to the standard OECD/UN Model Tax Conventions. The methods used include abstraction, comparison, analysis, synthesis, induction, deduction, and summarization. Findings include diverging practice concerning the scope and objective of double tax treaties such as criteria for residency, zakat provisions, transfer pricing rules, and anti-abuse rules. Taking into account the context of Slovak administrative practice and lack of experience with double tax treaties this diverging practice may lead to occasions of tax treaty override.
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Fathoni, Ahmad, and Sarkawi B. Husain. "Pelaksanaan Opiumpacht: Monopoli Perdagangan Opium Melalui Perantara Bandar di Keresidenan Kediri, 1833-1900." Lembaran Sejarah 16, no. 1 (April 30, 2020): 48. http://dx.doi.org/10.22146/lembaran-sejarah.59912.
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The opium trade in Kediri Residency was monopolized by Dutch East Indies government. The problem discussed in this study regarding opium trade monopoly at Kediri Residency through bookie intermediary (opiumpachter) in 1833-1900. The methods used in this research is historical methods which includes heuristics, criticism, interpretation and historiography. The result showed that the opium trade monopoly through bookie intermediary (opiumpachter) in Kediri Residency included auction and distribution processions also the sale of raw opium to opium dealers. Generally, the opium trade in Kediri Residency was controlled by Chinese. They become intermediary traders who sell government opium to people in Kediri Residency. The high tax offer at opium auction in Kediri Residency gave high profits to the country. On the contrary, that puts a great deal of pressure on the opium port. The crisis which occurred at the end of the 19th century, caused a setback in the opium trade monopoly through bookie intermediary (opiumpachter) in Kediri Residency.
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Kim, Kyoung Ha, and Moon Sung Oh. "A Study on the Problems and Improvements Related to Residency Tax Rules in the Individual Income Tax Law." Korea Association of Business Education 34, no. 3 (June 30, 2019): 425–48. http://dx.doi.org/10.23839/kabe.2019.34.3.425.
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Gadžo, Stjepan. "Literature Review: Corporate Tax Residency and Mobility, Edoardo Traversa (editor), EATLP International Tax Series, IBFD, 2018." Intertax 47, Issue 5 (May 1, 2019): 527–30. http://dx.doi.org/10.54648/taxi2019054.
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Simon, M. "The Residency Game: How to Play it and Win for Tax Savings." Trusts & Trustees 8, no. 1 (November 1, 2001): 16–20. http://dx.doi.org/10.1093/tandt/8.1.16.
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Azevedo, Patrícia Anjos. "Critério da Residência das Pessoas Singulares Enquanto Fator de Conexão para Efeitos de Tributação." Revista de Ciências Jurídicas e Empresariais 18, no. 1 (November 3, 2017): 11–15. http://dx.doi.org/10.17921/2448-2129.2017v18n1p11-15.
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O critério da residência determina que a tributação do rendimento deverá ser levado a cabo, independentemente do local da fonte de tal rendimento. A condição de residente supõe a presença (real ou presumida) no território de um determinado local. Os Estados, com vista à legitimação da tributação, com base no critério da residência, costumam se basear no fato de que os contribuintes deverão contribuir para a obtenção de receitas, por parte do Estado, no qual são considerados residentes, o que se verifica em virtude de uma conexão de natureza pessoal. O critério da residência se materializa em uma tributação universal ou ilimitada, já que o Estado da residência tem o direito de tributar os rendimentos obtidos pelos seus residentes, independentemente do local de onde sejam originários. Ora, a tributação de acordo com o critério da residência é uma construção, que permite tributar o rendimento dos contribuintes considerados residentes em determinada jurisdição, independentemente do local da sua obtenção. Todavia, quer o direito fiscal da União Europeia (através de diretivas), quer as Convenções de Dupla Tributação, remetem a definição de residente para os diferentes ordenamentos jurídicos, não existindo assim um conceito de residente autonomamente considerado. O problema é que, não sendo uniformes os critérios utilizados para determinar a residência, é possível que um contribuinte seja considerado residente em mais de um Estado, o que se traduz em um conflito positivo de residência. Palavras-chave: Direito Fiscal da União Europeia. Convenções de Dupla Tributação. Conflito Positivo de Residência.AbstractThe residence criterion determines that income taxation must be carried out irrespective of the place of source of such income. The resident status assumes the presence (real or presumed) in a certain territory. The States, with a view to legitimizing taxation on the basis of the criterion of residence, usually base it on the fact that taxpayers are expected to contribute towards obtaining income from the State in which they are considered residents, which is due to a connection of a personal nature. The residence criterion brings a universal or unlimited taxation, since the State of residence has the right to tax the income obtained by its residents, irrespective of the place of origin. However, taxation according to the residence criterion is a construction which allows taxation of taxpayers’ income who are resident in a particular jurisdiction, irrespective of the place where they are obtained. But, both the European Union tax law (through directives) and the Double Taxation Conventions refer to the domestic definition of resident of different legal systems, so, there is no autonomous concept of resident. The problem is that, since the criteria used to determine residence are not uniform, it is possible for a taxpayer to be considered as resident in more than one State, which results in a positive tax conflict of residence.Keywords: Tax Law of the European Union. Double Taxation Conventions. Positive Tax Conflict of Residence.
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Changnam AHN. "A study on Improvements for Residency Rules in the Income Tax Act- for the purpose of preventing offshore tax avoidance -." Journal of IFA, Korea 31, no. 2 (June 2015): 253–84. http://dx.doi.org/10.17324/ifakjl.31.2.201506.007.
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Padia, Nirupa, and Warren Maroun. "Determining the residency of companies: Difficulties in interpreting ‘place of effective management’." Journal of Economic and Financial Sciences 5, no. 1 (April 30, 2012): 119–34. http://dx.doi.org/10.4102/jef.v5i1.309.
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Even South Africa’s Income Tax Act No. 58 of 1962 uses the terminology ‘place of effective management’ when determining the residency of companies. This term is not, however, defined in the said legislation and there is no South African case law specifically dealing with this matter. In contrast, the United Kingdom (UK) uses the term ‘central management and control’, and its courts have been called upon to hear numerous cases on the interpretation of this phrase. Given the increasing pressure on South Africa to align its tax treatment with international trends as well as increased levels of trade with the United Kingdom, this study examined the interpretation of ‘place of effective management’ in a South African context and juxtaposed this with the conclusions reached in seven cases in the United Kingdom dealing with the interpretation of ‘centre of management and control’. The findings show that ‘place of effective management’ from a South African perspective may depend heavily on where decisions are implemented and day-to-day operations occur. ‘Central management and control’, however, appears to vest almost exclusively in where primary decisions are made or strategic directions emanate from.
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Muratov, Ruslan Adamovich. "History of the emergence of legal regulation of the activity of controlled foreign companies in the United States." Международное право и международные организации / International Law and International Organizations, no. 4 (April 2021): 11–21. http://dx.doi.org/10.7256/2454-0633.2021.4.35954.
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Extension of globalization process to the world economy allows conducting the economic activity outside the country of tax residency. It also entailed the emergence of various types of incentives in some jurisdictions, for example, preferential tax regime or non-taxation. Questions related to international taxation are currently most acute. The use of foreign jurisdictions through controlled foreign companies reduces the state tax revenue. For counteracting abuse of the privilege by taxpayers, the rules of controlled foreign companies have been developed and implemented in over 30 countries. On the one hand, the countries accept these rules for preventing tax evasion, which can be changed due to various circumstances. On the other hand, there arise situations when such rules may worsen the situation of the taxpayer. This leads to abuse of the right of regulatory authorities in counteracting tax evasion. The controlled foreign companies (CFC) rules are aimed at determination of actual tax liability of the taxpayer, and do not pursue fiscal, political or other interests that worsen the conditions of the taxpayer.
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LUPPI, PHILIPPE. "Taxation judge and social interaction: is participation possible and what does it involve?" Public Administration 23, no. 3 (2021): 92–97. http://dx.doi.org/10.22394/2070-8378-2021-23-3-92-97.
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The article focuses on the role and place of a taxation judge in the French legal system. The author notes that the activity of a judge in tax disputes is not regulated by any special act; it is self-independent and, at the same time, ensures compliance with the general principles of private or public law. The taxation judge seeks a balance in the delicate relationship between the tax administration and the taxpayer, where the latter perceives the tax as a burden rather than civic duty, and sometimes tries to violate the rules and the law, forgetting that, as Oliver Holmes said, “Taxes are the price we pay for the opportunity to live in a civilized society”. Many taxation mechanisms are balancing on the verge of legality and get out of the control of a judge who does not always have sufficient information and resources. Despite the progress made in this area, taxation judges have not been able to determine the intangible boundary between taxation engineering (legal taxation optimization opportunities) and tax planning (morally reprehensible tax evasion). Through case law, the taxation judge takes part in restoring tax justice, the confidence in the tax administration, the preservation of rights and guarantees for the taxpayer, and the desire to promote and encourage tax residency as the basis of a social contract.
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Nel, Rudie, and Shene Steenkamp. "Cloud computing activities: South African normal tax source determination." Journal of Economic and Financial Sciences 9, no. 2 (December 18, 2017): 529–44. http://dx.doi.org/10.4102/jef.v9i2.57.
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The location-independent nature of cloud-based transactions results in many source-related difficulties for normal tax purposes. This study considered the source determination for each of the possible classifications of cloud-based income (lease, service and royalty income, and/or income from know-how) by performing a doctrinal study based on South African and international literature. This study identified and formulated the challenges in applying traditional source tests in the context of cloud-based transactions. These challenges stem from the potential absence of physical presence of the provider in the country of consumption, in contrast to traditional source tests where physical presence indicate a tax presence; as well as the location-independent nature of cloud-based transactions from the perspective of both the provider and the consumer. The findings of the study suggest that the source determination for cloud-based transactions could be based on the source of the payment or residency of the payer, rather than the physical location.
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Joseph, Sally-Ann. "Taxing Sovereign Wealth Funds: Looking to Singapore for Inspiration." Federal Law Review 45, no. 1 (March 2017): 17–38. http://dx.doi.org/10.1177/0067205x1704500102.
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The taxation of sovereign wealth funds is an important issue for governments as they are both investors and need to attract investment. Operating in global markets, how these funds are taxed can affect investment location decisions. In Australia there are currently no legislative provisions for these investments and issues of residency, applicability and terminology hamper the use of tax treaties. The basis of how sovereign wealth funds are taxed in Australia is administrative where tax exemptions are provided on the basis of private ruling applications. It is an inefficient and costly process which lacks certainty. Over the period 2009 to 2011 the government of the day proposed legislating its practices dealing with sovereign wealth funds. In 2010 Singapore introduced a fund exemption scheme, markedly different from that proposed in Australia. Yet it is a method that is able to be adapted to the Australian income tax legislation. It avoids definitional issues by targeting the entities the policy aims to cover, is compatible with a self-assessment system and provides flexibility in policy making. Recommendations with accompanying considerations are made with respect to incorporating Singapore's tax exemption for sovereign wealth funds into the Australian tax legislation.
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Yulgusheva, Liliya. "Prospects for the Development of the Institute of Individuals’ Tax Residency in the Russian Federation." Journal of Russian Law 25, no. 3 (July 9, 2021): 1. http://dx.doi.org/10.12737/jrl.2021.039.
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Truby, Jon. "Free Zones in the United Arab Emirates: Domestic and International Tax Issues." Intertax 43, Issue 6/7 (June 1, 2015): 474–76. http://dx.doi.org/10.54648/taxi2015044.
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Free Zones in the United Arab Emirates (UAE) offer an abundance of tax and economic advantages for companies wishing to incorporate in the UAE and develop their business with a high degree of flexibility. However, the application of Double Taxation Agreements (DTAs) makes it increasingly difficult to their access benefits, namely the reduction of withholding tax on dividends or interests, as Contracting States tend to require at least Tax Residency Certificates (TRCs). This increasingly pressing requirement leads to a double issue: the choice of the Free Zone in which it is conceivable to obtain a TRC and the general anti-abuse clause which could still allow the Contracting State to deny the right of benefiting from the provisions of a DTA even when a TRC has been issued. This article utilizes the example of the DTA between the UAE and Switzerland to illustrate and analyse this problem.
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Brychta, Karel. "Evidence on Relative Tax Burden of Taxpayers with Income from Employment in the Czech Republic." Equilibrium 5, no. 2 (December 31, 2010): 209–20. http://dx.doi.org/10.12775/equil.2010.036.
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This paper presents the results of a comparative analysis of relative tax burden of taxpayers (natural persons) with income from employment in the Czech Republic from 1993 to 2009. Single, childless taxpayers with tax residency in the Czech Republic were chosen to represent this category of taxpayers. The amount of the tax burden was conceived as the sum of natural person income tax and the social and health insurance premiums paid by the taxpayer (employee), constituting in its nature and character a tax equivalent. The amount of these legally imposed payments was set with respect to the state valid and effective as of December 31st of the relevant year, in case of the year 2009 with respect to the state as of June 30th. The results of the performed analysis prove gradual decrease in relative tax burden in the period of 1993–2009 for taxpayers of all income groups. However, the decrease cannot be characterized as uniform. The most marked decrease was identified with taxpayers in the upper income groups. The most significant change in the relative tax burden took effect in association with changes introduced in the Act on Income Taxes as of January 1st, 2008 when the progressive income tax of natural persons was replaced with a flat-rate tax and when changes were introduced to the concept of the partial income tax base calculations applicable to natural persons. The main contribution of this paper can be seen in the fact that the comparison encompasses the time interval covering the entire effective life of the Act on Income Taxes. It is also important that in view of the specified solution conditions, the relative tax burden values presented in the graphs can be understood as maximum values of the tax burden of taxpayers having income from employment.
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Lutova, Olga. "Деформация модели налогообложения Pоссии с учетом вызовов цифровой экономики." Annual Center Review, no. 12-13 (2020): 9–14. http://dx.doi.org/10.15290/acr.2019-2020.12-13.02.
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In a changing world, which falls under the influence of two inextricably linked processes in the form of digitization and globalization, the issue of determining the position of the legislator in relation to the choice of the model of legal regulation becomes most relevant. At the same time, despite the active development of digitization processes of both the Russian and world economy, there is no single normative and/or doctrinal concept of cryptocurrency, both in economic science and in jurisprudence. We believe that this problem is of particular relevance in connection with the need to determine the state-power strategy of a public entity with regard to the development of Russian financial and tax legislation, considering current features of the financial system development in the digital age. In this regard, we consider the assessment of the “cryptocurrency” phenomenon taking into account the specifics of the Russian tax-legal regulation as one of the categories of taxation law, which is related to such fundamental notions as “object taxation” and “tax base”. Also, the development of the current concept of cryptocurrency significantly affects the most important notions of tax law-fiscal sovereignty, tax residency, legal personality, taxpayers and others. In addition, digitization requires, in the Author’s opinion, a revision of theoretical approaches to the system and structure tax law sources.
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Alekseev, A. S. "Opportunities for tax planning for digital companies: international experience." Russian Journal of Industrial Economics 14, no. 2 (June 30, 2021): 214–22. http://dx.doi.org/10.17073/2072-1633-2021-2-214-222.
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The article deals with comparing taxation conditions of a range of countries which can be applied for IT companies as the subjects of digital economy. The author examines the peculiar features of tax privileges, tax planning tools and optimization for running digital companies in such countries as Estonia, Hong Kong, Great Britain, Malta and Ireland. These countries are included in a number of international ratings and are highly estimated by foreign experts as regards the level of convenience of doing IT business. The author especially focuses on the financial calculations of possible ways for tax optimization and the key features of implementation of the extremely popular in European countries IP-Box regimes. In conclusion the author concentrates on the patterns and trends within the tax jurisdictions under consideration including the one regarding the existing treaties on avoiding double taxation. He points out that it is possible to use the international experience in order to create competitive taxation of digital companies in Russia as part of developing addenda to the package of measures (effective 01.01.2021) which is also called “tax maneuver”. In particular, it is suggested that income tax rate for IT businesses in Russia should be altered taking into consideration the foreign countries’ indexes. Moreover, the author presents his ideas on the components of possible use of such measures as “digital residency” as part of the second package of “tax maneuver” measures. The author makes a conclusion on the importance of implementing non-taxation measures for maintaining rapid development of IT-industry in Russia and enumerates the most essential directions and problems of the IT-society and the possible ways of their realization.
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Nagappan, Meyyappan, and Samira Varanasi. "Financial Budget for 20162017: Has India Put Its BEPS Foot Forward?" Intertax 44, Issue 6/7 (June 1, 2016): 550–58. http://dx.doi.org/10.54648/taxi2016044.
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This article analyses the first attempt made by the Indian government, through the Finance Budget of 2016–2017, to implement the measures proposed under the OECD / G 20 BEPS Action Plan released on 5 October 2015. It closely examines the Equalization Levy, a unilateral measure that has been taken by the Indian government to address Base Erosion and Profit Shifting (BEPS) in the digital economy, from an international tax perspective. It also analyses the constitutionality of this levy. Further, it examines issues relating to the legal protection of the confidentiality of information reported under the Country-by-Country Reporting requirements as adopted in India. The impact of other measures, including the newly introduced test of residency for companies and the rationalization of certain tax rates through the Finance Budget of 2016–2017, have also been examined in light of the objectives of the BEPS Action Plan.
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Ioniță, Claudiu, Birol Ibadula, Cristina Vlad, and Petre Brezeanu. "Crackdown on tax evasion – improving ways of coordination between the tax authorities and automatic exchange of information developments in Romania." Proceedings of the International Conference on Business Excellence 11, no. 1 (July 1, 2017): 523–31. http://dx.doi.org/10.1515/picbe-2017-0056.
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Abstract In an effort to reduce the tax transparency and banking secrecy, the Organisation for Economic Co-operation and Development (“OECD”) has been taking the lead on the battle against cross-border tax evasion, seconded by the Internal Revenue Services (“IRS”) of the United States of America (“USA”), the G20 and the European Commission. Understanding the power that is brought by information and knowledge, the international community proposed adapting the exchange of information tools that were available to them and extending them to a worldwide level. As a result, the Common Reporting Standard (“CRS”) and the Foreign Account Tax Compliance Act (“FATCA”) reporting standards were born. This paper aims at analyzing the improvements in automatic exchange of information brought by the CRS and FATCA standards, together with its limitations. An important section of this paper shall be dedicated to the role that Romania plays in the international efforts of fighting tax evasion, together with the tools and procedures developed in order to sustain the reporting standards. In order to analyze the effects of the CRS and FATCA, it is essential to understand the pros and the cons of the international cooperation on tax matters and its available tools before the CRS and FATCA were created. As there is limited previous literature on the subject, the methodology of the research will consist mainly of analyzing the guidelines issued by the international public body representatives and of the current legislative framework. The main finding of the paper can be considered the fact that the new developments in the automatic exchange of information field can represent a huge step forward towards limiting the tax evasion activity, however, one should be reserved due to aspects such as compliance costs, protection of private information, data gathering and processing techniques and tax residency uncertainty. Further analysis is required when the automatic exchange of information results will be available in order to update the reservations of the paper.
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Mancilla-Rendón, Enriqueta, Marcela Astudillo-Moya, and Carmen Lozano. "Tax Rate of Management Control: The Mexican Income Tax Rates System for Resident and Non-Residents." Sustainability 13, no. 16 (August 17, 2021): 9202. http://dx.doi.org/10.3390/su13169202.
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The aim of this study is to show the tax rate of management control of the legislation according to the tax residence of the people who obtain income from wages. The questions considered here are: Is the income tax rate applied to national resident workers and to residents abroad proportionally? Under the same circumstances, in both cases do they pay similar amounts? The empirical analysis was based on the evaluation of the income tax and tax rate of management control in Mexico based on the Suits progressivity index. It was found that, under similar conditions, the amount of the tax to be paid by a resident abroad is less than that paid by a national resident.
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Groen, Jeffrey A. "Building Knowledge Stocks Locally." Economic Development Quarterly 25, no. 4 (December 13, 2010): 316–29. http://dx.doi.org/10.1177/0891242410388934.
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There is increasing evidence that the stock of college-educated labor in an area has fundamental effects on state and local economies through its association with wages, economic growth, personal incomes, and tax revenues. As a result, policy makers in many states attempt to increase the percentage of the state’s population (or workforce) that has a college degree through the use of various higher education policies that have the potential to influence the supply side of the labor market. This article reviews evidence on the effectiveness of these policies in achieving that goal. The author discusses several types of policies related to the finance and production of undergraduate education within a state, including expansions in degree production, merit-based scholarships, location-contingent financial aid, adjustments to the composition of enrollment by residency or by field of study, and internships with state-based employers.
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Ruchkina, G. F., and V. K. Shaidullina. "Factors Hindering the EAEU Exports to Third Countries and Reducing Russia’s Export Competitiveness." Economics, taxes & law 12, no. 1 (March 12, 2019): 136–43. http://dx.doi.org/10.26794/1999-849x-2019-12-1-136-143.
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The subject of the researchis the current difficulties faced by the Eurasian Economic Union (EAEU). The purpose of the research was to identify factors that impede the export of the EAEU goods to third countries and affect Russia’s export competitiveness. To this end, an analysis of the EAEU customs and legal regulations was carried out. The study provides reasons necessitating the abolishment of the residency principle in the EAEU as geographically limiting the ability of the declarant to submit a goods declaration to any customs authority in a customs territory of the customs union. The paper addresses problems related to the lack of harmonization of rules governing export and currency controls in the EAEU member countries. A comparative analysis of the rules regulating the goods exports at the national level of the customs union members was performed and the main differences were revealed.It is concludedthat the principle of residency is the key factor affecting the export competitiveness of the Russian and EAEU goods. Its abolishment requires a comprehensive approach and a number of measures aimed at harmonizing the customs legislation and related laws. The abolishment of the residency principle will reduce the material and time expenditures of businessmen in preparation of customs declarations, eliminate multiple VAT payments to participants of value chains and agency transactions within the EAEU, unify documents for performance of currency control as well as the procedure for granting export control licenses, resolve the issue of the procedure and currency of customs payments, etc. It is also required to solve industry-specific problems related to the implementation of the customs process (currency control, export control, procedures for refunding the value-added tax, etc.).The relevance of the researchlies in the fact that the implementation of the “EAEU Goods” Concept, developed by the Eurasian Economic Commission, requires solution of problems arising in the mutual and foreign trade. Meanwhile, expanding the trade with third countries is one of the main tools for the growth of national economies of the EAEU members.
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Niesten, Hannelore. "Case X v. Staatssecretaris van Financiën: Fractional Allocation of Personal and Family Tax Benefits for EU Resident Individuals with Multi-State Income." EC Tax Review 26, Issue 4 (July 1, 2017): 201–13. http://dx.doi.org/10.54648/ecta2017022.
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According to the well-established principles of the Schumacker-doctrine, a source state does not have to grant personal and family tax benefits, applicable for its own residents, unless (1) the non-resident earns ‘all or almost all’ his family income in the working state, and (2) the income in the residence state is insufficient to take into account the personal and family circumstances. This article critically analyses the judgment of the Court of Justice in the X-case, where the Court had to decide about the last so-called ‘income requirement’ of the Schumacker-doctrine in a multi-state situation. As the residence state could not take into account the personal and family situation, the Court insisted that the personal and family tax benefits should be allocated on a pro rata basis.
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Lewis, James R., and Junhui Qin. "Is Li Hongzhi a CIA Agent? Tracing the Funding Trail Through the Friends of Falun Gong." Journal of Religion and Violence 8, no. 3 (2020): 298–307. http://dx.doi.org/10.5840/jrv202121680.
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In 2000, Mark Palmer, one of the National Endowment for Democracy’s (NED’s) founders and Vice Chairman of Freedom House—an organization funded entirely by the U.S. Congress—founded a new government-supported group, Friends of Falun Gong (FoFG). By perusing FoFG’s annual tax filings, one discovers that FoFG has contributed funds to Sounds of Hope Radio, New Tang Dynasty TV, and the Epoch Times—all Falun Gong media outlets. FoFG has also contributed to Dragon Springs (a Falun Gong ‘compound’ that hosts a Falun Gong school and a residency complex) and to Shen Yun (a Falun Gong performance company), as well as to Falun Gong’s PR arm. In order to contextualize the U.S. government’s funding of Falun Gong, it will also be helpful to examine a handful of additional U.S. agency activities, such as the NED’s funding of Liu Xiaobo, the Hong Kong protests, and other China-related and Tibet-related groups.
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Sequera, Jorge, and Jordi Nofre. "Touristification, transnational gentrification and urban change in Lisbon: The neighbourhood of Alfama." Urban Studies 57, no. 15 (December 17, 2019): 3169–89. http://dx.doi.org/10.1177/0042098019883734.
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The Great Recession (2008–2014) and the consequent crises in both the national financial and production systems have led the Portuguese administration to adopt tourism and urban rehabilitation as new pivotal sectors to overcome the critical crisis-derived impacts on the economy and society. Moreover, both national and local administrations have deployed a range of legislative initiatives to attract transnational real estate investment and new high-income residents to the country, including generous tax benefits and residency permits for large foreign investors. This is of greater relevance in the historic neighbourhoods of Lisbon city centre, as in the case of Alfama, which has recently been transformed into one of the most important urban hotspots in the country for both local and transnational real estate investors. By focusing on this historic quarter of Lisbon, this paper examines how processes of gentrification and studentification occurring in the area since the late 1990s and early 2000s have been disrupted by recent processes of touristification and Airbnbisation in Alfama, transforming the entire neighbourhood into an ‘outdoor hotel’. The paper concludes by suggesting that, while urban touristification appears today as a new reproduction mechanism of glocal financial capital, the Airbnbisation of former lower-class central urban areas of post-recession southern European cities emerges as the newest, most aggressive form of urban accumulation by dispossession and spatial displacement against the working and middle-lower classes (both locals and migrants) of the ‘tourist city’.
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Wolters, Erika Allen, and Brent S. Steel. "Environmental Efficacy, Climate Change Beliefs, Ideology, and Public Water Policy Preferences." International Journal of Environmental Research and Public Health 18, no. 13 (June 30, 2021): 7000. http://dx.doi.org/10.3390/ijerph18137000.
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Water is an unpredictable and often overallocated resource in the American West, one that strains policy makers to come up with viable, and politically acceptable policies to mitigate water management concerns. While large federal reclamation projects once dominated western water management and provided ample water for large scale agricultural development as well as the urbanization of the West, water engineering alone is no longer sufficient or, in some cases, a politically acceptable policy option. As demand for water in the West increases with an ever-growing population, climate change is presenting a more challenging and potentially untenable, reality of even longer periods of drought and insufficient water quantity. The complexity of managing water resources under climate change conditions will require multifaceted and publicly acceptable strategies. This paper therefore examines water policy preferences of residents in four western states: Washington, Oregon, California, and Idaho. Using a public survey conducted in these states in 2019, we examine preferences pertaining to infrastructural, education, incentives and regulation specifically examining levels of support for varying policies based on climate change and environmental efficacy beliefs as well as geography, demographic variables, and political ideology. Results show support for all water policies surveyed, with the exception of charging higher rates for water during the hottest part of summer. The most preferred water policies pertained to tax incentives. Some variation of support exists based on gender, education, environmental values, efficacy, state residency and belief in anthropogenic climate change.
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Arendse, J., K. Stark, and C. Renaud. "The Cohen and Kuttel stories: Is the place where I hang my hat still relevant to determine my residence for tax purposes?" Southern African Business Review 19 (February 12, 2019): 1–24. http://dx.doi.org/10.25159/1998-8125/5779.
Full textAbstract:
1Determining the residence of a taxpayer is one of the most important aspects of modern tax systems. For an individual taxpayer who migrates, a common trend in the modern world, the questions are where the person is ordinarily resident and whether the place of ordinary residence can change. The two key cases in South African jurisprudence that are cited whenever the question of residence or ordinary residence is raised are Cohen v CIR and CIR v Kuttel. These cases form the foundation of this article as they examine the meaning of “resident” and “ordinary” resident” in the modern milieu. The article provides the historical background to these two seminal cases, extracts the key principles handed down in each of the judgments and evaluates these principles against definitions of “resident” used in other countries with a view to evaluating whether the definition of “resident” for South African tax purposes, premised on the fundamental principles from these two historic cases, is still relevant and appropriate. The article queries whether the concept of “ordinary resident”, with its connotation of permanence, should be updated to reflect the modern reality of transience and mobility. The conclusion reached is that the existing definition of “resident” may be in need of updating to accommodate global trends and to bring the South African tax legislation more in line with modern developments and the introduction of an objective test could provide more certainty to both taxpayers and the fiscus, but this benefit should be weighed against the possible cost of a loss to the tax base.
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Sanghavi, Dhruv. "Tax Treaty Entitlement Issues Concerning Dual Residents." Intertax 42, Issue 10 (October 1, 2014): 604–14. http://dx.doi.org/10.54648/taxi2014054.
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The question whether a dual resident taxpayer is entitled to tax treaties concluded by each residence state with a third state has been controversial. Since 2008, the Organisation for Economic Co-operation and Development (OECD) Commentary on Article 4(1) of the OECD Model states that such a taxpayer would be entitled to only the tax treaty network of residence state as determined by the tiebreaker rule of the tax treaty between the two residence states. While this may be desirable policy, this article examines whether the interpretation espoused by the commentary is legally accurate.
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Achanta, Vishal. "Fiscally Transparent Entities: Issues When Accessing Indian Tax Treaties." Intertax 43, Issue 10 (October 1, 2015): 628–34. http://dx.doi.org/10.54648/taxi2015061.
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Fiscally transparent entities face hurdles when trying to access tax treaties, because they may not meet the ‘person’ and ‘resident’ criteria usually contained in Article 1 of a tax treaty. In particular, courts may often consider them as not being ‘liable to tax’ in the residence State. This article aims to present an analysis of how Indian courts have dealt with fiscally transparent entities that claim the benefits of an Indian tax treaty. To this end, the Organization for Economic Co-operation and Development’s (OECD) jurisprudence on fiscally transparent entities as well as case law on the interpretation of the words ‘liable to tax’ has been laid out. With this background, the article examines the few cases in which fiscally transparent entities have claimed treaty benefits. Conclusions are then culled out from these cases, and the article deals with the possible outcome of a situation wherein a partnership – involving partners who are residents of numerous different states – tries to access an Indian tax treaty. The article ends by suggesting that India needs to clarify its position on fiscally transparent entities by attaching Protocols to its network of tax treaties. Fiscally transparent entities are popular across the world because of the tax efficiency they offer. Fiscally transparent entities, such as partnerships or trusts, usually allow income to ‘pass through’ them: there is no taxation at the entity level. However, this ‘fiscally transparent’ attribute throws doubt on whether such entities can claim the protection of a Double Tax Avoidance Agreement (‘DTAA’ or ‘tax treaty’) with India. This is because the (otherwise highly beneficial) absence of taxation at the entity level may be used by Indian tax authorities to contend that a fiscally transparent entity is not a ‘resident’ in its State of incorporation/location, and therefore should not be granted treaty benefits. Indian tax authorities (Revenue) may also contend that such entities do not fall under the definition of ‘person’ in a DTAA.
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DANCIS, JOSEPH, and WADE PARKS. "INTRODUCTION." Pediatrics 90, no. 1 (July 1, 1992): iv. http://dx.doi.org/10.1542/peds.90.1.iv.
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One of Saul Krugman's favorite photographs recalls the day in 1965 when he handed his predecessor at New York University, L. Emmett Holt, Jr., a copy of the Festschrift in his honor. Some 25 years later, it is our privilege to similarly honor Saul. It continues a long tradition at Bellevue Hospital. A Festschrift was dedicated to Abraham Jacobi, the first Director of Pediatrics, some 100 years ago. Tradition plays an important role in Saul Krugman's life and in the history of medicine in New York City. New York hospitals have long been involved with the sequestration and care of patients with infectious diseases. In fact, many municipal hospitals were established because of epidemics of smallpox, measles, typhus, yellow fever, cholera, and typhoid fever. To protect the general population from infections arriving on ships, quarantine sites were established on islands in New York Harbor and the East River. These quarantine hospitals became the pest houses. The word "pest" derives from the first of the three great scourges of mankind: pestilence, famine, and war. As New York's municipal hospital system became better established, the pest houses evolved into infectious disease hospitals. The most famous of these was Willard Parker Hospital located on the East River on Manhattan's lower East side. Saul was discharged from the Air Force in 1946 and joined an army of veterans seeking hospital training. Because of a delay in procuring a Pediatric residency at NYU-Bellevue, he took an interim position as resident physician at Willard Parker for six months. At the time all patients with infectious diseases in New York were funnelled into three specialty hospitals. Waves of children arrived at Willard Parker with scarlet fever, measles, pertussis, croup, and polio, filling wards to overflowing. Saul became an expert in infectious disease even before he began his pediatric residency! He maintained his affiliation with Willard Parker until it was closed 10 years later, signaling the end of an epoch as the result of medical advances. During those momentous years, Saul sharpened his clinical skills to an extraordinary degree, laying the groundwork for his future career in research and accumulating the experience that made the Krugman and Ward text, Infectious Diseases of Children, now in its 9th edition, an international success. The past 100 years has seen the conquest in this country of most of the dreaded infections that concerned us at the opening of the century. Saul Krugman participated in many of those advances. It is part of the irony of medical progress that, as we congratulate ourselves on our success, a new threat has emerged which will tax our energies and resources for many years to come. The frightening dimensions of AIDS will stalk the 21st century.
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Uustalu, Erki. "The Compatibility of the Estonian Tax Treatment of Real Estate Income with EU Law." Intertax 39, Issue 8/9 (August 1, 2011): 449–58. http://dx.doi.org/10.54648/taxi2011049.
Full textAbstract:
The European Court of Justice (ECJ) has made a number of important judgments regarding the tax treatment of dividends on outbound situations, whether received by non-resident legal entities or foreign funds. The article analyses a similar issue - the tax treatment of real estate income received by non-residents. Based on an infringement procedure by the Commission of European Communities against Estonia on the discriminatory treatment of real estate income received by foreign investment funds (No. 2008/4851) and a pending dispute before the Tallinn Administrative Court on taxation of gains from liquidation of an Estonian real estate company at the hands of Austrian parent company (No. 3-10-25), the article questions whether indirect discrimination may be caused by applying different tax rates to the residents and non-residents, including an option granted to the resident companies to choose their tax rate; whether the unequal treatment may be a result of different computation of the taxable base (gross or net comparison) or due to the specific characteristics of the Estonian corporate tax system, the cash flow disadvantage might be such cause. The author concludes with some suggestions on changes to be made to bring Estonian legislation in line with European Union (EU) law.
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Sinenko, Olga A., and Timofey P. Mitrofanov. "Identification of Signs of “Business Fragmentation” in Russian Far Eastern Territories with Special Economic Status." Financial Journal 13, no. 3 (June 2021): 88–103. http://dx.doi.org/10.31107/2075-1990-2021-3-88-103.
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The issue of “business fragmentation” has been relevant in Russia for over ten years. Business striving to ensure competitiveness makes it necessary to look for mechanisms to reduce the tax burden, applying special tax regimes or preferential tax conditions for residents of territories with special economic status. In this paper, the authors analyze the theoretical prerequisites for substantiating the signs of “business fragmentation,” and study the scope of application of “business fragmentation” schemes within the framework of preferential tax conditions for territories with special economic status in the Far East. The basic research methods were content analysis, comparative analysis and synthesis. As a result of the content analysis of judicial practice, the criteria for business fragmentation, confirming the formal division of a business, were substantiated. The authors carried out a comparative analysis of resident companies and identified, based on open data, 159 residents of priority social and economic development areas (PSEDAs) and 625 residents of the Free Port of Vladivostok (FPV) with signs of “business fragmentation.” Those amounted to 28.49 % and 29.48 % in the total number of active residents, respectively. Vladivostok is the leader in terms of the number of residents with signs of “business fragmentation,” with 443 residents of the FPV. The most common signs of “business fragmentation” among resident companies in territories with a special economic status of the Far East are substantiated: common persons managing companies, common or identical type of activity, and common address of location. Common types of activity among resident companies with signs of “business fragmentation” within territories with special economic status of the Far East are warehousing and auxiliary transport (15 % of PSEDA; 12.3 % of the FPV); construction of buildings (16.5 % of the FPV); and operations with real estate (14 % of the FPV).
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Beretta, Giorgio. "The Brisal and KBC Finance Decision: Once Again the CJEU Assesses the Compatibility with EU Law of Gross Withholding Taxation of Non-residents." EC Tax Review 26, Issue 4 (July 1, 2017): 193–200. http://dx.doi.org/10.54648/ecta2017021.
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The levying of withholding taxes on non-residents by the source state is a long-standing topic in EU tax law. The recent case Brisal and KBC Finance, concerning a withholding tax levied on an outbound interest payment, constitutes just the last addition to the line of judgments on this issue rendered over years by the Court of Justice of the European Union. In Brisal the Court first confirmed that Member States are permitted to use different techniques for charging a tax on residents and non-residents for the same item of income, i.e. through a final-year assessment and an immediate retention upon the payment. However, the judiciary of Luxembourg found that residents and non-residents are in a comparable situation with respect to the deductibility of operational costs and thus both categories shall be treated equally in this regard. Although this conclusion could most likely have been anticipated in light of precedent decisions of the Court, the judgment in Brisal is equally remarkable since it disrupts a fundamental tenet of taxation of income earned by non-residents without a permanent establishment, i.e. that the source state can levy a withholding tax on the gross amount of such income and that the expenses of the underlying activity have to be considered by the residence state. Besides and more generally, the decision confirmed that the CJEU is increasingly willing to scrutinize the methods for calculating the tax base adopted by Member States in cross-border scenarios.
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Peeters, Bart. "Kieback: When Schumacker Emigrates . . ." EC Tax Review 25, Issue 2 (April 1, 2016): 58–69. http://dx.doi.org/10.54648/ecta2016007.
Full textAbstract:
When taxing a non-residents income, a source state does not have to grant tax correctives on account of civil status or family responsibilities, applicable for its own residents, unless the income is the almost exclusive taxable income of the non-resident. This socalled Schumacker-principle, although dating from 1995, still raises questions. This article critically analyses the judgment of the Court of Justice in the Kieback-case, where the Court had to decide about its application for the deduction of costs, linked to a foreign immovable property, in case of a non-resident earning all his taxable income during a part of a tax year in the source state and then moving to a third state. The court insisted that the Schumacker-principle can include costs which, according to the tax legislation of the source state, are in particular linked to foreign income, the possibility of discrimination has to be considered exclusively from a tax perspective, but the comparison can be made taking into account an entire tax year. Based on these premises the Court concluded that the foreign negative income did not have to be taken into account in the source state.
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Krever, Richard, and Kerrie Sadiq. "Non-Residents and Capital Gains Tax in Australia." Canadian Tax Journal/Revue fiscale canadienne 67, no. 1 (April 2019): 1–22. http://dx.doi.org/10.32721/ctj.2019.67.1.krever.
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The evolution of capital gains taxation in Australia parallels that in Canada in many respects. Federal income taxes were adopted in both countries during the First World War, and in both jurisdictions the courts interpreted the term "income," the subject of taxation, using United Kingdom judicial concepts that excluded capital gains from the tax base. In the last quarter of the 20th century, both countries amended their income tax laws to capture capital gains, and in both countries concessional rates apply. Initially, the Australian capital gains tax regime had rules that paralleled those in Canada in respect of the application of capital gains tax measures to non-residents, and the list of assets that might generate a capital gains tax liability for non-residents was similar in both countries. Australia changed course just over a decade ago with a decision to limit the income tax liability of non-residents in respect of capital gains to gains on land and land-rich companies alone, albeit with an extended definition of land to capture directly related interests such as exploration and mining rights. Consequently, until this decade, reform of Australia's regime imposing capital gains tax on non-residents focused on the concept of source as a primary driver, with the categories of taxable assets being gradually reduced. However, after more than a decade of unprecedented increases in housing prices in Australia, reform has moved away from addressing source to integrity matters. In Australia, as in Canada, there has been considerable investment in property, particularly residential property, by non-residents in recent years, and the government has sought ways to enhance the enforcement and integrity of the capital gains tax rules applying to non-residents disposing of Australian real property. Since 2013, Australia has proposed three separate measures to ensure integrity within this regime: removal of a concessional rate, introduction of a withholding tax, and removal of the principal residence exemption for non-residents. This article considers the history and development of Australia's capital gains tax regime as it applies to non-residents and examines the recent shift in focus from what is captured in the capital gains source rules to integrity provisions adopted to achieve both compliance and geopolitical objectives.
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Cerioni, Luca. "The “Place of Effective Management” as a Connecting Factor for Companies' Tax Residence Within the EU vs. the Freedom of Establishment: The Need for a Rethinking?" German Law Journal 13, no. 9 (September 1, 2012): 1095–130. http://dx.doi.org/10.1017/s2071832200018071.
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The determination of the tax residence of companies – as a fundamental issue of (international) tax law – emerged between the end of the 19thcentury and the start of the 20thcentury. This emerged as an issue in cases where companies which were found to have their place of management, in the sense of a decision-making centre, in the United Kingdom (UK), carried out all their business activity, in terms of production and commercialization, in another country. At a time when the UK was establishing its tax system earlier than other countries, the tax courts of this country began to develop the “central management and control test” as a test for establishing companies' tax residence in these situations and to consider the companies at stake as tax residents in the UK on the ground that their decision-making centre was located there. Such decisions appeared to have been driven by an interest to prevent companies carrying out their business abroad from escaping UK taxation on their worldwide income, and thus to have been motivated by a specific anti-avoidance purpose. Nonetheless, the “central management and control” test formed the basis of the “place of effective management” test which, under the Organization for Economic Cooperation and Development (OECD) Model for bilateral conventions against double taxation, is currently adopted as a tiebreaker rule,i.e.as a criteria for allocating the tax residence of companies in cases where both contracting
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Bozhuk, I. I., and Y. I. Anistratenko. "On the issue of taxation under the bill №4184." Uzhhorod National University Herald. Series: Law, no. 64 (August 14, 2021): 198–204. http://dx.doi.org/10.24144/2307-3322.2021.64.36.
Full textAbstract:
In today’s conditions, a useful tool for doing business is e-commerce, aimed at developing the economy of Ukraine and meeting the needs of both producers of goods (works, services) and consumers.According to the current national legislation, part of the electronic services provided by international corpora-tions on the Internet is subject to value added tax through the mechanism of delegating the obligation to declare tax liabilities to their customers if they are value added tax payers or are subjects management, even if they are not registered as value added taxpayers.
The article is devoted to the study of current aspects of taxation under the bill №4184. The preconditions for the administration of value added tax in the taxation of electronic services to individuals supplied by non-residents on the Internet are analyzed by making appropriate amendments to the Tax Code of Ukraine, taking into account national legislation and foreign experience.The main changes proposed by the bill are systematized. It is noted that the bill as a whole has a positive impact on the economy and development of the state, and also draws attention to the imperfection of some pro-visions.The main changes proposed by the bill are highlighted, namely: the list of electronic services is determined; the list of non-residents is included in the list of persons registered as VAT payers; established rules for determining the place of supply of electronic services (B2C); a simplified VAT registration procedure for non-resident suppliers has been defined, which can be carried out remotely in electronic form on a specially developed web portal; released from the obligation of a non-resident to register tax invoices; provides for the payment of tax liability for a non-res-ident in foreign currency.It is noted that the adoption of the bill will provide fair tax conditions for national and international companies of non-residents that provide electronic services in Ukraine. The introduction of the rules will contribute to additional revenues from the paid tax to the budget. The bill proposes a simple mechanism for value added tax of non-residents, namely, allows you to remotely register in the electronic office of the taxpayer, as well as pay tax in foreigncurrency without a presence in Ukraine.
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Dijkstra, Wiebe E. J., and Frank P. G. Pötgens. "Cross-Border Fiscal Unities and Tax Treaties: Nothing New under the Sun?" Intertax 42, Issue 2 (February 1, 2014): 92–105. http://dx.doi.org/10.54648/taxi2014009.
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The application of tax treaties to fiscal unities has caused quite some discussion in Dutch tax literature in the past, given the route the Dutch Supreme Court had chosen to follow could result in imbalances. This article analyses the relationship between the Dutch Supreme Court case of 3 February 2012, No. 10/05383, BNB 2012/126 - concerning a cross-border fiscal unity for Dutch corporate income tax purposes having a dual resident parent company with its place of effective management in Belgium - and earlier case law on cross-border fiscal unities. The authors examine the fundamental questions on tax treaty application and interpretation raised by these cases, particularly as regards the residence of consolidated group companies for tax treaty purposes .
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Valente, Piergiorgio. "Italian Tax Authorities Action Against Fictitious Corporate Tax Residence." Intertax 45, Issue 4 (April 1, 2017): 353–60. http://dx.doi.org/10.54648/taxi2017028.
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Fictitious corporate tax residence is a primary concern for States, in view of the fact that it impacts – directly and incisively – on States’ taxing rights, and also since it is known to trigger double taxation as well as double non-taxation phenomena. Based on the above, it is quite evident that to counter such phenomena, a coordinated approach at international level is altogether imperative, especially since regulation of tax aspects has been playing an increasingly central role in debates and discussions between and among Tax Authorities, and international institutions.
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Kakaulina, M. O. "Budget Tax Revenues and Losses from External Labor Migration in Russia." Journal of Tax Reform 5, no. 3 (2019): 190–203. http://dx.doi.org/10.15826/jtr.2019.5.3.067.
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One of the reasons behind declining budget revenues can be external migration. This article aims to describe the methodology for estimation of tax losses and revenues from international labor migration for specific types of taxes. Changes in personal income tax revenues are estimated by using the data on the number of labor emigrants (immigrants) for specific occupations, nominal gross monthly wage of employees in this occupation in Russia, standard child tax deductions and the corresponding personal income tax rate for residents (non-residents). Changes in VAT and excise tax revenues caused by the current trends in labor migration are estimated in accordance with the structure of household consumption. The amount of tax revenues (and losses) is calculated as the product of the sum of VAT and excise tax payments made by one member of a household per year when buying goods, works and services on the territory of Russia, and the number of emigrants (or immigrants). The research uses the data provided by Rosstat, Federal Tax Service of Russia and the Analytical Centre under the Government of the Russian Federation for 2012–2017. The conclusion is made that international migration has a negative impact on the tax revenues of the country’s consolidated state budget. Although, throughout the whole of the given period, the balance of additional revenues from VAT, excise taxes and the personal income tax (PIT) on earned income and budget losses from these taxes remained positive, in absolute terms, this balance decreased significantly. Trends in international labor migration affected the balance of tax losses and revenues. Therefore, the government’s attempts to target international labor migration by reforming the tax legislation seem quite reasonable: the upcoming tax reforms will include the introduction of the concept ‘centre of vital interests’ as the second criterion of residence and equalization of the PIT rate for tax residents and non-residents. The proposed methodology can thus prove to be an effective tool for the Federal Tax Service of Russia to estimate the resulting changes in tax revenues as well as other changes related to labor migration processes.
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Halamay, Roman Ya. "Ways of increasing the efficiency of tax collection to the budgets of local communities on the basis of tax management." Regional Economy, no. 4(98) (December 2020): 86–92. http://dx.doi.org/10.36818/1562-0905-2020-4-11.
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The processes of fiscal decentralization have provided new opportunities for local self-governments: independent formation of local budgets; direct intergovernmental relations; expansion of the tax base, etc. The steps taken in the field of decentralization are currently not systemic. The distribution of fiscal payments between different levels of the budget system is the purpose of the tax system development, which would allow to provide quality social services to the population and influence the economic development of the territory. The main directions of tax system development on the basis of tax management are substantiated as following: strengthening the role of local taxes; establishing the effective interaction of local governments with economic entities operating in the territory to increase budget revenues; ensuring the fair distribution of the tax burden and its reduction while seeking budgetary compensators; strengthening the tax control; ensuring the efficient informational and explanatory work and interaction of local self-government bodies and taxpayers. The author's vision of the tax system within the new architecture of the administrative-territorial system is offered. The inclusion of personal income tax in local taxes and change in the mechanism of crediting the tax to local budgets are substantiated. There are two alternatives to change the procedure for crediting personal income tax to local budgets, due to which the associated burden will be distributed among all participants: 1) crediting personal income tax to local budgets at the place of residence of the individual payer; 2) giving the individual payer the right to choose which budget should include the amount of tax paid (by place of work or place of residence). The directions of increasing the property taxes accumulated in local budgets are defined. The paper develops a model of the form of self-taxation of the population in territorial communities. According to the model, the residents are involved in the accumulation and distribution of tax resources. The suggested model is based on the accumulation of financial resources by a parity principle: the amount of financial contribution of local governments is determined at a level not lower than the amount contributed by residents.
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Willems, Ward. "Withholding Taxes Within the Internal Market After Sofina: Chronicle of a Death Foretold?" EC Tax Review 28, Issue 2 (April 1, 2019): 101–13. http://dx.doi.org/10.54648/ecta2019013.
Full textAbstract:
On 22 November 2018 the European Court of Justice (‘CJEU’) ruled in Case C-575/17 on the French rules for taxing dividends distributed to companies in deficit. Dividends distributed to non-residents are subject to withholding tax, while distributions to resident beneficiaries are exempt from withholding tax (‘WHT’) but subject to corporate income tax (‘CIT’) instead. While non-resident companies are subject to immediate taxation, resident companies could benefit from a cash-flow advantage when they remain in deficit, or even a permanent exemption when they liquidate before becoming profitable (in absence of a positive CIT base). The former violates the freedom of capital according to the Court. The importance of the present judgment can hardly be underestimated, as it may severely complicate the further application of existing WHT regimes in the many Member States applying such rules. The judgment is furthermore remarkable for several reasons which will be discussed in the present article. Perhaps the most striking element of the judgment concerns the comparability analysis, where the existence of a foreign deficit was taken into account to influence the tax treatment of a non-resident in the source state (thereby departing from the principle of territoriality).