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Author: Rachel Anne Tooma Publisher: IBFD ISBN: 9087220340 Category : Income tax Languages : en Pages : 405
Book Description
Proposes a uniform statutory GAAR for the Federation of Australia, and examines "the experiences of countries with (e.g., Australia, Canada, New Zealand and South Africa) and without (e.g., the United States of America and the United Kingdom) a statutory GAAR"--Page ix.
Author: Rachel Anne Tooma Publisher: IBFD ISBN: 9087220340 Category : Income tax Languages : en Pages : 405
Book Description
Proposes a uniform statutory GAAR for the Federation of Australia, and examines "the experiences of countries with (e.g., Australia, Canada, New Zealand and South Africa) and without (e.g., the United States of America and the United Kingdom) a statutory GAAR"--Page ix.
Author: Werner Haslehner Publisher: Edward Elgar Publishing ISBN: 178990577X Category : Law Languages : en Pages : 340
Book Description
This book provides a concise, practical guide to the European Union’s Anti-Tax Avoidance Directive (ATAD). Presenting unique insights into the ATAD’s five specific anti-avoidance rules, its chapters explain the background of those rules, the directive’s interactions with relevant jurisprudence, and the challenges posed to the ATAD’s interpretation and implementation in domestic law.
Author: Graeme Stuart Cooper Publisher: ISBN: 9789070125981 Category : Conflict of laws Languages : en Pages : 378
Book Description
Tax Avoidance & the Rule of Law is based, in part, on discussions held at a conference in Sydney, in May 1995 on the topic: The Rule of Law & Anti-Avoidance Rules - Tax Administration in a Constitutional Democracy. The papers are reproduced in this publication, along with contributions from other eminent scholars. This volume of essays provides an excellent source of information which looks at the operation of the General Anti-Avoidance Rules (GAARs) often enacted by governments in their tax statutes. Particularly examined in the essays is the extent to which there may be a conflict between GAARs, & the tradition of the rule of law. The book is divided into a preface & three sections, as follows: * Preface - This looks at conflicts, challenges & choices: the Rule of Law & anti-avoidance rules * Part I - The Rule of Law & the Constitutional Framework: Subjects covered include tax avoidance in economics, law & public choice; the role of judges, judicial interpretation & the role of anti-abuse provisions in tax law; & tax reform in a quasi-constitutional perspective * Part II - The Operation of Anti-Avoidance Rules: This section covers the Canadian general anti-avoidance rule; the Australian tax avoidance experience & responses; & the Swedish experiment with a general anti-avoidance rule * Part III - Alternatives to Anti-Avoidance Rules: Topics covered in this section include reducing tax avoidance by changing structures, processes & drafting; & the politics & practicalities of checking tax avoidance in the United States Tax Avoidance & the Rule of Law was compiled by the IBFD in cooperation with the Australian Tax Research Foundation. The book was edited by Graeme S. Cooper.
Author: Karen B. Brown Publisher: Springer Science & Business Media ISBN: 9400723423 Category : Law Languages : en Pages : 387
Book Description
This volume provides a fascinating look at the anti-tax avoidance strategies employed by more than fifteen countries in eastern and western Europe, Canada, the Pacific Rim, Asia, Africa, and the United States. It surveys the similarities and differences in anti-avoidance regimes and contains detailed chapters for each country surveying the moral and legal dimensions of the problem. The proliferation of tax avoidance schemes in recent years signals the global dimensions of a problem presenting a serious challenge to the effective administration of tax laws. Tax avoidance involves unacceptable manipulation of the law to obtain a tax advantage. These transactions support wasteful behavior in which corporations enter into elaborate, circuitous arrangements solely to minimize tax liability. It frustrates the ability of governments to collect sufficient revenue to provide essential public goods and services. Avoidance of duly enacted provisions (or manipulation to secure tax benefits unintended by the legislature) poses a threat to the effective operation of a free society for the benefit of a small group of members who seek the privilege of shifting their tax burden onto others merely to compete in the world of commerce. In a world in which world treasuries struggle for the resources to battle terrorist threats and to secure a decent standard of living for constituents tax avoidance can bring economies close to the edge of sustainability. As tax avoidance is one of the top concerns of most nations, the importance of this work cannot be overstated.
Author: James Coleman Publisher: CCH New Zealand Limited ISBN: 0864759835 Category : Business & Economics Languages : en Pages : 209
Book Description
This second edition of the authoritative text by James Coleman discusses New Zealand jurisprudence on the general anti-avoidance provision. It enables practitioners to comply with the provision with increased confidence and predict with greater certainty when it applies. The book includes detailed coverage of the Supreme Court judgment in Ben Nevis and subsequent decisions by that Court on the application of the general anti-avoidance provision. Tax Avoidance Law in New Zealand deals with the tests for what constitutes tax avoidance in the light of that judgment. It also deals with the interrelationship between the specific provisions of the Income Tax Act and the general anti-avoidance provision, the relationship between the general anti-avoidance provision and specific anti-avoidance provisions, and the concept of sham.
Author: Parthasarathi Shome Publisher: Springer Nature ISBN: 3030682145 Category : Business & Economics Languages : en Pages : 507
Book Description
Tax practitioners are unfamiliar with tax theory. Tax economists remain unfamiliar with tax law and tax administration. Most textbooks relate mainly to the US, UK or European experiences. Students in emerging economies remain unfamiliar with their own taxation history. This textbook fills those gaps. It covers the concept of taxes in regards to their rationale, principles, design, and common errors. It addresses distortions in consumer choices and production decisions caused by tax and redressals. The main principles of taxation—efficiency, equity, stabilization, revenue productivity, administrative feasibility, international neutrality—are presented and discussed. The efficiency principle requires the minimisation of distortions in the market caused by tax. Equity in taxation is another principle that is maintained through progressivity in the tax structure. Similarly, other principles have their own ramifications that are also addressed. A country’s constitutional specification of tax assignment to different levels of government—central, state, municipal—are elaborated. The UK is more centralised than the US and India. India has amended its constitution to introduce a goods and services tax (GST) covering both central and state governments. Drafting of tax law is crucial for clarity and this aspect is addressed. Furthermore, the author illustrates different types of taxes such as individual income tax, corporate income tax, wealth tax, retail sales/value added/goods and services tax, selective excises, property tax, minimum taxes such as the minimum alternate tax (MAT), cash-flow tax, financial transactions tax, fringe benefits tax, customs duties and export taxes, environment tax and global carbon tax, and user charges. An emerging concern regarding the inadequacy of international taxation of multinational corporations is covered in some detail. Structural aspects of tax administration are given particular attention.
Author: Nigar Hashimzade Publisher: Routledge ISBN: 1317377079 Category : Business & Economics Languages : en Pages : 676
Book Description
An inherently interdisciplinary subject, tax avoidance has attracted growing interest of scholars in many fields. No longer limited to law and accounting, research increasingly has been conducted from other perspectives, such as anthropology, business ethics, corporate social responsibility, and economic psychology. This was –recently stimulated by politicians, mass media, and the public focussing on tax avoidance after the global financial and economic crisis put a squeeze on private and public finances. New challenges were posed by changing definitions and controversies in the interpretation of tax avoidance concept, as well as a host of new rules and policies that need to be fully understood. This collection provides a comprehensive guide to students and academics on the subjects of tax avoidance from an interdisciplinary perspective, exploring the areas of accounting, law, economics, psychology, and sociology. It covers global as well as regional issues, presents a discussion of the definition, legality, morality, and psychology of tax avoidance, and provides guidance on measurement of economic effect of tax avoidance activities. With a truly international selection of authors from the UK, North America, Africa, Asia, Australasia, Middle East, and continental Europe, with well-known experts and rising stars of the field, the contributors cover the entire terrain of this important topic. The Routledge Companion to Tax Avoidance Research is a ground-breaking attempt to bring together scholarly research in tax avoidance, offering rigorous academic analysis of an important and hotly debated issue in a structured and balanced way.
Author: Markus Seiler Publisher: Linde Verlag GmbH ISBN: 3709408156 Category : Law Languages : en Pages : 371
Book Description
GAARS: the better insight into a country’s tax system In a post-BEPS tax world and in times of an ever-increasing need for tax revenue, policy-makers are more willing than ever to tighten or adopt General Anti-Avoidance Rules (GAARs). A GAAR is typically a broad principle-based rule trying to establish the borderline between “abuse” and “use” of a law, thereby addressing the phenomenon that as long as there have been taxes, persons have been trying to reduce their tax bills. This award-winning book compares the GAARs and judicial anti-avoidance approaches of Germany, the UK and the EU. It gives a deep insight into the predominant legal traditions of the Western World, comprehensively analyses case-law and offers unique perspectives on tax law across jurisdictions. This book reveals that there is no other feature of tax law that provides a better insight into a country’s tax system than its anti-avoidance rules. GAARs and their historical background reveal so much about judicial perspectives on taxation and legal interpretation, citizens’ tax morale, drafters’ inclinations for technical or principled drafting or legislators’ willingness to confront politically sensitive issues. Understanding the role of GAARs ultimately also reveals whether they are a suitable means to counteract tax avoidance effectively. The Book is the winner of the Wolfgang Gassner-Wissenschaftspreis 2016!
Author: Rachel Anne Tooma
Author: Rachel Anne Tooma
Author: Werner Haslehner
Author: Graeme Stuart Cooper
Author: Karen B. Brown
Author: James Coleman
Author: Parthasarathi Shome
Author: Institute for Fiscal Studies (Great Britain). Tax Law Review Committee
Author: Vern Krishna
Author: Nigar Hashimzade
Author: Markus Seiler