Tax Avoidance And The Rule Of Law

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Tax Avoidance and the Rule of Law

Author : Graeme Stuart Cooper
Publisher :
ISBN 13 : 9789070125981
Total Pages : 378 pages
Book Rating : 4.1/5 (259 download)

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Book Synopsis Tax Avoidance and the Rule of Law by : Graeme Stuart Cooper

Download or read book Tax Avoidance and the Rule of Law written by Graeme Stuart Cooper and published by . This book was released on 1997 with total page 378 pages. Available in PDF, EPUB and Kindle. Book excerpt: 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.

Tax avoidance and the rule of law

Author :
Publisher :
ISBN 13 : 9780949482600
Total Pages : pages
Book Rating : 4.4/5 (826 download)

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Book Synopsis Tax avoidance and the rule of law by :

Download or read book Tax avoidance and the rule of law written by and published by . This book was released on 1996 with total page pages. Available in PDF, EPUB and Kindle. Book excerpt:

Introducing a General Anti-Avoidance Rule (GAAR)

Author : Mr.Christophe J Waerzeggers
Publisher : International Monetary Fund
ISBN 13 : 1513515829
Total Pages : 12 pages
Book Rating : 4.5/5 (135 download)

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Book Synopsis Introducing a General Anti-Avoidance Rule (GAAR) by : Mr.Christophe J Waerzeggers

Download or read book Introducing a General Anti-Avoidance Rule (GAAR) written by Mr.Christophe J Waerzeggers and published by International Monetary Fund. This book was released on 2016-01-31 with total page 12 pages. Available in PDF, EPUB and Kindle. Book excerpt: Tax avoidance continues to attract attention globally with strong support for tax law reform at all levels. This Tax Law IMF Technical Note focuses on some of the key design and drafting considerations of one specific legal instrument (being, a statutory general anti-avoidance rule (GAAR)) which is often considered by authorities to combat unacceptable tax avoidance practices. A GAAR is typically designed to strike down those otherwise lawful practices that are found to be carried out in a manner which undermines the intention of the tax law such as where a taxpayer has misused or abused that law. However, the objective of combating unacceptable tax avoidance can itself make the legal design of a GAAR complex. This is simply because the phrase “tax avoidance” means different things to different people. Whatever the form of a GAAR, it should give effect to a policy that seeks to strike down blatant, artificial or contrived arrangements which are tax driven. However, the GAAR should be designed and applied so as not to inhibit or impede ordinary commercial transactions. This Tax Law IMF Technical Note discusses and explores how drawing a line between those arrangements which should be caught by the GAAR is a matter of degree and can be delicate.

Tax Avoidance and the Rule of Law

Author : Sonja Emer Foley
Publisher :
ISBN 13 :
Total Pages : 193 pages
Book Rating : 4.:/5 (812 download)

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Book Synopsis Tax Avoidance and the Rule of Law by : Sonja Emer Foley

Download or read book Tax Avoidance and the Rule of Law written by Sonja Emer Foley and published by . This book was released on 1990 with total page 193 pages. Available in PDF, EPUB and Kindle. Book excerpt:

Tax Avoidance, the Rule of Law and the New Zealand Supreme Court

Author : Michael Littlewood
Publisher :
ISBN 13 :
Total Pages : 24 pages
Book Rating : 4.:/5 (13 download)

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Book Synopsis Tax Avoidance, the Rule of Law and the New Zealand Supreme Court by : Michael Littlewood

Download or read book Tax Avoidance, the Rule of Law and the New Zealand Supreme Court written by Michael Littlewood and published by . This book was released on 2014 with total page 24 pages. Available in PDF, EPUB and Kindle. Book excerpt: This paper examines the approach that the New Zealand Supreme Court, which was established in 2004, has taken to the problem of tax avoidance. In particular, it examines Ben Nevis Ltd v Commissioner of Inland Revenue (which concerned the General Anti-Avoidance Rule - or GAAR - contained in the Income Tax Act) and Glenharrow Ltd v Commissioner of Inland Revenue (which concerned the GAAR contained in the Goods and Services Tax Act). These cases lend weight to the theory that the idea of tax avoidance is not susceptible to coherent explication and that rules against it are therefore inescapably problematic - to the extent, even, that they constitute a departure from the rule of law. The cases also suggest, however, that having a GAAR is nonetheless better than not having one. It seems clear, too, that the Supreme Court has already, in these two cases, both clarified the law and taken a tougher line against tax avoidance than did the Privy Council.

Lawful Income Tax Avoidance for the Qualified Wages and Salaries of Natural Persons

Author : American Association for Lockean Liberty Inc.
Publisher : Xlibris Corporation
ISBN 13 : 1453570209
Total Pages : 247 pages
Book Rating : 4.4/5 (535 download)

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Book Synopsis Lawful Income Tax Avoidance for the Qualified Wages and Salaries of Natural Persons by : American Association for Lockean Liberty Inc.

Download or read book Lawful Income Tax Avoidance for the Qualified Wages and Salaries of Natural Persons written by American Association for Lockean Liberty Inc. and published by Xlibris Corporation. This book was released on 2010-09-16 with total page 247 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book is a wake-up call to the American legal community, and an insistence that it answer to the silent distress of millions of financially overburdened working people. Because of the unique structure of our legal system, American lawyers have a moral and legal duty to enforce certain tax constraints on government that would favor workers, and lawyers are failing miserably. Support my nonprofit to help lawyers everywhere recognize our Constitutions two classes of taxation, so they and their clients can eventually know the difference between taxes: (1) on property under the Direct Tax Clauses, (2) on income derived from property sources under the Sixteenth Amendment, and (3) on income derived from non-property sources under the Uniformity (or Indirect Tax) Clause. By analyzing the history of Supreme Court tax cases, starting with Hylton (1796) and ending with Lopez (1995), and dividing the cases into three eras, this book will help you understand why the American tax system is the most unique and revolutionary in history.

The Routledge Companion to Tax Avoidance Research

Author : Nigar Hashimzade
Publisher : Routledge
ISBN 13 : 1317377079
Total Pages : 676 pages
Book Rating : 4.3/5 (173 download)

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Book Synopsis The Routledge Companion to Tax Avoidance Research by : Nigar Hashimzade

Download or read book The Routledge Companion to Tax Avoidance Research written by Nigar Hashimzade and published by Routledge. This book was released on 2017-10-02 with total page 676 pages. Available in PDF, EPUB and Kindle. Book excerpt: 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.

A Comparative Look at Regulation of Corporate Tax Avoidance

Author : Karen B. Brown
Publisher : Springer Science & Business Media
ISBN 13 : 9400723423
Total Pages : 387 pages
Book Rating : 4.4/5 (7 download)

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Book Synopsis A Comparative Look at Regulation of Corporate Tax Avoidance by : Karen B. Brown

Download or read book A Comparative Look at Regulation of Corporate Tax Avoidance written by Karen B. Brown and published by Springer Science & Business Media. This book was released on 2011-12-09 with total page 387 pages. Available in PDF, EPUB and Kindle. Book excerpt: 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.

Combating Tax Avoidance in the EU

Author : José Manuel Almudí Cid
Publisher : Kluwer Law International B.V.
ISBN 13 : 9403501421
Total Pages : 656 pages
Book Rating : 4.4/5 (35 download)

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Book Synopsis Combating Tax Avoidance in the EU by : José Manuel Almudí Cid

Download or read book Combating Tax Avoidance in the EU written by José Manuel Almudí Cid and published by Kluwer Law International B.V.. This book was released on 2018-12-20 with total page 656 pages. Available in PDF, EPUB and Kindle. Book excerpt: Following each Member State's need to rebuild a strong and stable economy after the 2007 financial crisis, the European Union (EU) has developed a robust new transparency framework with binding anti-abuse measures and stronger instruments to challenge external threats of base erosion. This is the first and only book to provide a complete detailed analysis of the Anti-Tax Avoidance Package and other recent and ongoing European actions taken in direct taxation. With contributions from both prominent tax academics and Spain's delegates to the European meetings where these rules are debated and promulgated, the book covers such issues and topics as the following: – the development of the EU Strategy towards Aggressive Tax Planning; – recent tax-related jurisprudence of the European Court of Justice; – the Anti-Tax Avoidance Directive; – tax treaties and non-tax treaties with tax consequences both between Member States and between Member States and third countries; – code of conduct for business taxation; – automatic exchange of information; – country-by-country reporting; – arbitration in tax matters; – external strategy for effective taxation regarding non-EU countries; – competition and state aid developments in direct taxation; – the Common Consolidated Tax Base; and – digital significant presence and permanent establishment. As the EU pursues its ambitious tax agenda, taxation's contribution to EU growth and competitiveness and its part in relations with the rest of the world will come into ever clearer focus. In addition to its insights into these trends, the book's unparalleled practical information and analysis will be of great value to tax practitioners dealing with investment analysis, tax planning schemes, and other features of the current international tax landscape.

Tax Avoidance

Author : Institute for Fiscal Studies (Great Britain). Tax Law Review Committee
Publisher :
ISBN 13 :
Total Pages : 90 pages
Book Rating : 4.3/5 ( download)

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Book Synopsis Tax Avoidance by : Institute for Fiscal Studies (Great Britain). Tax Law Review Committee

Download or read book Tax Avoidance written by Institute for Fiscal Studies (Great Britain). Tax Law Review Committee and published by . This book was released on 1997 with total page 90 pages. Available in PDF, EPUB and Kindle. Book excerpt:

Corporate Taxation, Group Debt Funding and Base Erosion

Author : Gianluigi Bizioli
Publisher : Kluwer Law International
ISBN 13 : 9789403511702
Total Pages : 280 pages
Book Rating : 4.5/5 (117 download)

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Book Synopsis Corporate Taxation, Group Debt Funding and Base Erosion by : Gianluigi Bizioli

Download or read book Corporate Taxation, Group Debt Funding and Base Erosion written by Gianluigi Bizioli and published by Kluwer Law International. This book was released on 2020-02-07 with total page 280 pages. Available in PDF, EPUB and Kindle. Book excerpt: The EU's Anti-Tax Avoidance Directive (ATAD), implemented in January 2019, confronts Member States with complex challenges, particularly via the introduction of an interest limitation rule. This timely book, the first in-depth analysis of the features and implications of the directive, provides insightful and practical discussions by experts from around Europe on the crucial interactions of the ATAD with other existing anti-tax avoidance measures, the European financial sector and the fundamental freedoms. Specific issues and topics covered include the following: relation with the OECD's Base Erosion and Profit Sharing project (BEPS) and the EU's Common Corporate Tax Base initiative; technical subjects relating to corporate taxation and debt funding; problems caused by the diametrically opposite tax treatment of debt and equity within a group of companies; exclusion clauses for interest expenses; and interplay between interest limitation rules and anti-hybrid rules. A comparative analysis of implementation issues in four leading Member States--Germany, Italy, Spain and The Netherlands--as well as a global general survey with regard to interest limitation rules allow readers to assess the particular complexities associated to the implementation of the ATAD. This matchless commentary by leading European tax law academics and practitioners on an important and much-debated item of EU legislation gives practitioners, enterprises and tax authorities an early opportunity to understand the practical effects of the directive in the various Member States.

General Anti-avoidance Rules [microform] : an Analysis from the Perspective of the Rule of Law

Author : Matias Kunstmann Rioseco
Publisher : Library and Archives Canada = Bibliothèque et Archives Canada
ISBN 13 : 9780612954328
Total Pages : 206 pages
Book Rating : 4.9/5 (543 download)

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Book Synopsis General Anti-avoidance Rules [microform] : an Analysis from the Perspective of the Rule of Law by : Matias Kunstmann Rioseco

Download or read book General Anti-avoidance Rules [microform] : an Analysis from the Perspective of the Rule of Law written by Matias Kunstmann Rioseco and published by Library and Archives Canada = Bibliothèque et Archives Canada. This book was released on 2004 with total page 206 pages. Available in PDF, EPUB and Kindle. Book excerpt: This thesis analyses the operation of the general anti-avoidance statutory rules and doctrines from the perspective of their compliance with the principle of the Rule of Law. The main question that it will try to answer is what characteristics these rules and doctrines should have in order to control tax avoidance in a manner that is compatible with the principle of the Rule of Law. For this purpose, this thesis will take the following approach. First, it will explain the causes of tax avoidance and why the legal mechanisms directed to attack it are in tension with the principle of the Rule of Law. Second, it will propose a relatively straightforward concept of the Rule of Law in order to test the different judicial and statutory anti-avoidance mechanisms. Third, it will analyze the consistency of those mechanisms with the proposed concept of the Rule of Law. And finally, it will explain what characteristics a general anti-avoidance model should have to comply with the principle of the Rule of Law and it will show why a statutory model of general anti-avoidance rules is required for that purpose. General anti-avoidance statutory rules and judicial doctrines are designed to control any transaction that escapes taxation and is incompatible with the tax policies implemented by the relevant tax statutes. For this purpose, these rules and doctrines define what counts as an avoidance transaction in extremely wide and generic terms. In consequence, the application of these provisions to concrete cases demands important interpretative efforts and, for the same reason, creates significant space for judicial and administrative discretion.

A Guide to the Anti-Tax Avoidance Directive

Author : Werner Haslehner
Publisher : Edward Elgar Publishing
ISBN 13 : 178990577X
Total Pages : 340 pages
Book Rating : 4.7/5 (899 download)

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Book Synopsis A Guide to the Anti-Tax Avoidance Directive by : Werner Haslehner

Download or read book A Guide to the Anti-Tax Avoidance Directive written by Werner Haslehner and published by Edward Elgar Publishing. This book was released on 2020-06-26 with total page 340 pages. Available in PDF, EPUB and Kindle. Book excerpt: 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.

Tax Avoidance in Canada

Author : Harry Erlichman
Publisher :
ISBN 13 : 9781552210604
Total Pages : 309 pages
Book Rating : 4.2/5 (16 download)

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Book Synopsis Tax Avoidance in Canada by : Harry Erlichman

Download or read book Tax Avoidance in Canada written by Harry Erlichman and published by . This book was released on 2002-01-01 with total page 309 pages. Available in PDF, EPUB and Kindle. Book excerpt: The introduction of section 245, the General Anti-Avoidance Rule (GAAR), as part of the 1987 reforms to the Income Tax Act generated considerable controversy. After an initial flurry of commentary, the tax community patiently awaited both the application of the GAAR by the Canada Customs and Revenue Agency and its interpretation by the courts. Now that the first judicial stirrings have been felt, it is an appropriate time to reconsider the role of the GAAR in light of developments in Canada and abroad. This book brings together writers who represent a cross section of the tax bar--public and private practitioners, and academics--whose views reflect the spectrum of debate over section 245. The book analyses the text of section 245 and the existing body of case law, and suggests a set of principles for its application. It examines the legislative history of the provision, the case law that led to its creation, the principles of interpretation of tax statutes and tax treaties, and the comparable provisions in other jurisdictions. The analysis is current to December 2001 making this book the most up-to-date resource currently available on the GAAR in Canada. Topics include: The Statutory Context of the GAAR; The Relationship Between Statutory Interpretation and Tax Avoidance; General Anti-Avoidance in the United Kingdom; Development of the GAAR in the Case Law; The GAAR and Canada's Tax Treaties Contributors: Brian J. Arnold, Goodmans; Harry Erlichman, Justice Canada; Ian Roxan, The London School of Economics and Political Science; Livia Singer, Justice Canada; David E. Spiro, Justice Canada; Susan L. Van Der Hout, Osler, Hoskin Harcourt; Marilyn Vardy, Justice Canada; Jillian M. Welch, McCarthy Tetrault LLP; and James R. Wilson, Wilson and Partners. Foreword by Peter Hogg, Professor and Dea

The Delicate Balance

Author : Chris Evans
Publisher : IBFD
ISBN 13 : 9087221037
Total Pages : 385 pages
Book Rating : 4.0/5 (872 download)

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Book Synopsis The Delicate Balance by : Chris Evans

Download or read book The Delicate Balance written by Chris Evans and published by IBFD. This book was released on 2011 with total page 385 pages. Available in PDF, EPUB and Kindle. Book excerpt: Few aspects of revenue law generate stronger feelings than the exercise of discretionary power by tax administrations. A delicate balance often needs to be struck between the legitimate needs of revenue authorities and the equally legitimate interests and rights of taxpayers. On the one hand, the executive and administration need to have sufficient capacity to apply the law; on the other, there is a need to maintain the principle of the rule of law that it is the elected legislature, and not the executive or tax administration, that establishes tax burdens. The chapters in this volume explore that delicate balance. The Delicate Balance - Tax, Discretion and the Rule of Law considers the critical questions that arise from the intersections of tax, discretion and the rule of law in modern common and civil law jurisdictions: What do we mean by tax discretion and how does it vary in conceptual and practical terms in different tax regimes? -What role should discretion play in tax systems that operate under the rule of law and how large should that role be? -What are the legal, political, institutional and other constraints that can prevent abuse of discretion? -To what extent can, and should, the legislature safely delegate discretionary powers to tax administrations?

Tax Evasion and the Rule of Law in Latin America

Author : Marcelo Bergman
Publisher :
ISBN 13 : 9780271050317
Total Pages : 264 pages
Book Rating : 4.0/5 (53 download)

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Book Synopsis Tax Evasion and the Rule of Law in Latin America by : Marcelo Bergman

Download or read book Tax Evasion and the Rule of Law in Latin America written by Marcelo Bergman and published by . This book was released on 2009 with total page 264 pages. Available in PDF, EPUB and Kindle. Book excerpt: "Compares the tax systems in Argentina and Chile. Examines differences in law abidance between the two countries and the effectiveness of legal enforcement"--Provided by publisher.

Legal Interpretation of Tax Law

Author : Robert F. van Brederode
Publisher :
ISBN 13 : 9789041184733
Total Pages : 0 pages
Book Rating : 4.1/5 (847 download)

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Book Synopsis Legal Interpretation of Tax Law by : Robert F. van Brederode

Download or read book Legal Interpretation of Tax Law written by Robert F. van Brederode and published by . This book was released on 2017 with total page 0 pages. Available in PDF, EPUB and Kindle. Book excerpt: Legal Interpretation of Tax Law' is a comprehensive multi-jurisdiction survey of the interpretation of the corporate income tax and VAT and GST or other general sales tax laws. As a result of the globalization of trade and business, tax departments and their external advisors are increasingly required to deal with the tax law of foreign jurisdictions. Effective consulting, whether internal or external, requires not only knowledge of tax law per se but also of how tax law is explained and interpreted by the courts of foreign jurisdictions. This book is the first to deal comparatively with tax law interpretation in economies engaged in cross-border investment at a global level.00The introduction outlines the theoretical approaches to legal interpretation in general and gives an overview of issues and topics relevant to taxation ? designed to help readers understand the jurisdictional chapters that follow. Each author pays detailed attention to such documentary elements as explanatory memoranda, administrative rulings, judicial precedents, judgments of foreign courts, legislative debates, and OECD guidelines.