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Taxing The Cloud
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Book Synopsis International Taxation of Cloud Computing by : Alexander Weisser
Download or read book International Taxation of Cloud Computing written by Alexander Weisser and published by Éditions juridiques libres / Freier juristischer Verlag. This book was released on 2020-10-07 with total page 594 pages. Available in PDF, EPUB and Kindle. Book excerpt: Cloud computing may be borderless, but taxes are territorial. It is easy to imagine how the two concepts can clash. Much effort has gone into harmonizing tax rules across borders with the result that many jurisdictions have very similar tax rules. Even so, taxation remains a basic expression of national sovereignty. The goal of this thesis is to examine how international tax law applies to the cross-border cloud computing business. Both, multinational providers and customers of cloud computing services are analyzed. Reflecting three traditional areas of international tax scholarship, the goal could be stated in three questions. Which jurisdictions have the right to tax? What kinds of cloud computing transactions can be taxed? What amount of the profit is taxable? In more technical terms, this means enquiring into how the use of cloud computing affects the permanent establishment status of taxpayers, how the different kinds of cloud computing transactions are characterized under international double taxation treaties, and how the calculation of taxable cloud computing profit is affected by transfer pricing. In light of the current political events, the thesis also offers recommendations de lege lata through a systematic approach. Its first part assesses the current taxation of cloud computing. The second part evaluates whether the findings of this initial assessment conform to various superior principles of good rulemaking. It identifies which of the present tax rules ought to be adapted. The final part considers how the rules could be amended to become more compliant with the superior principles. In this way, Part I embodies the thesis, Part II the antithesis, and Part III seeks a synthesis.
Download or read book Taxing the Cloud written by Orly Mazur and published by . This book was released on 2019 with total page 0 pages. Available in PDF, EPUB and Kindle. Book excerpt: Transacting business in the “cloud” has quickly gained popularity worldwide as the new method of providing information technology resources. Instead of purchasing or downloading software, we can now use the Internet to access software and other fundamental computing resources located on remote computer networks operated by third parties. These transactions offer companies lower operating costs, increased scalability and improved reliability, but also give rise to a host of international tax issues. Despite the rapid growth and prevalent use of cloud computing, U.S. taxation of international cloud computing transactions has yet to receive significant scholarly attention. This Article seeks to fill that void by analyzing the U.S. tax implications of operating in the cloud from a doctrinal and policy perspective. Such an analysis shows that the technological advances associated with the cloud put pressure on traditional U.S. federal income tax principles, which creates uncertainty, compliance burdens and liability risks for companies and a potential loss of revenue for the government. Applying the current law to cloud computing transactions also results in tax consequences that run counter to sound tax policy and may result in double taxation or complete non-taxation of cloud income. In light of these problems, federal attention is warranted to clarify how U.S. federal income tax principles apply to businesses operating in the cloud. Thus, this Article proposes that Treasury issue guidance that clearly addresses the U.S. tax implications of international cloud computing services and suggests that, ultimately, the United States must collaborate with other countries to achieve international consensus on these issues. Together these changes will ensure that the United States appropriately taxes the cloud and does so in a manner that minimizes double taxation and promotes efficiency, equity and administrative simplicity.
Book Synopsis International Taxation of Cloud Computing by : Alexander Weisser
Download or read book International Taxation of Cloud Computing written by Alexander Weisser and published by . This book was released on 2020 with total page 0 pages. Available in PDF, EPUB and Kindle. Book excerpt: Cloud computing may be borderless, but taxes are territorial. It is easy to imagine how the two concepts can clash. Much effort has gone into harmonizing tax rules across borders with the result that many jurisdictions have very similar tax rules. Even so, taxation remains a basic expression of national sovereignty. The goal of this thesis is to examine how international tax law applies to the cross-border cloud computing business. Both, multinational providers and customers of cloud computing services are analyzed. Reflecting three traditional areas of international tax scholarship, the goal could be stated in three questions. Which jurisdictions have the right to tax? What kinds of cloud computing transactions can be taxed? What amount of the profitt is taxable? In more technical terms, this means enquiring into how the use of cloud computing affects the permanent establishment status of taxpayers, how the different kinds of cloud computing transactions are characterized under international double taxation treaties, and how the calculation of taxable cloud computing profit is affected by transfer pricing. In light of the current political events, the thesis also offers recommendations de lege lata through a systematic approach. Its first part assesses the current taxation of cloud computing. The second part evaluates whether the findings of this initial assessment conform to various superior principles of good rulemaking. It identifies which of the present tax rules ought to be adapted. The final part considers how the rules could be amended to become more compliant with the superior principles. In this way, Part I embodies the thesis, Part II the antithesis, and Part III seeks a synthesis.
Book Synopsis The Taxation of Cloud Computing and Digital Content by : David J. Shakow
Download or read book The Taxation of Cloud Computing and Digital Content written by David J. Shakow and published by . This book was released on 2013 with total page 0 pages. Available in PDF, EPUB and Kindle. Book excerpt: “Cloud computing” raises important and difficult questions in state tax law, and for Federal taxes, particularly in the foreign tax area. As cloud computing solutions are adopted by businesses, items we view as tangible are transformed into digital products. In this article, I will describe the problems cloud computing poses for tax systems. I will show how current law is applied to cloud computing and will identify the difficulties current approaches face as they are applied to this developing technology. My primary interest is how Federal tax law applies to cloud computing, particularly as the new technology affects international transactions. I am not so interested in the current state of the law as I am in identifying the problems confronting tax administrators as technology creates a changed economic system. After identifying the problems, I will suggest that cloud computing (like other technological changes) is not always compatible with current rules for taxing activities in multiple jurisdictions. Therefore, tax fairness may require that new standards be used to allocate income among jurisdictions. But beyond that, I hope to explain some of the particulars of the cloud structure. In doing so, it will become apparent that the significance of cloud computing goes beyond the local and international tax areas that have been identified as problem areas in the past.
Book Synopsis The Challenges of Taxation of Cloud Computing and Enforcement of Tax Information Exchange Agreements by : Gil Savir
Download or read book The Challenges of Taxation of Cloud Computing and Enforcement of Tax Information Exchange Agreements written by Gil Savir and published by . This book was released on 2016 with total page 330 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Book Synopsis International Tax Implications of Cloud Computing by : Vasiliki Koukoulioti
Download or read book International Tax Implications of Cloud Computing written by Vasiliki Koukoulioti and published by . This book was released on 2022 with total page 0 pages. Available in PDF, EPUB and Kindle. Book excerpt: The current tax laws are based heavily on concepts of physical geography, such as controlling premises and physical equipment or employing staff in the jurisdiction. The geographical concepts do not accommodate the cloud business model in any sensible way. As a consequence, the taxation of cloud providers is particularly complex and uncertain, as this paper will show, by examining the direct and inidirect tax treatment of cloud computing services. The law is clearly in urgent need of reform, and this is accepted by most states even if they do not agree how reform should be achieved. Residence-based taxation of digital enterprises is becoming increasingly difficult and artificial. Also, traditional source rules, particularly the permanent establishment rule, are based on the assumption that cross-border activities require a physical presence in the market jurisdiction; in the digital economy this is no longer true. The suggested policy solutions attempt to take account of online service users' contribution and hence allocate taxing rights to the jurisdictions where they are located (market jurisdictions). More fundamentally, every change to the rules of international tax law tends to increase the tax revenues of some states whilst correspondingly decreasing the tax revenues of others. In this context, cloud computing transactions will be inevitably impacted by the new international tax landscape.
Download or read book Cloud IT and Tax IT written by Gil Savir and published by . This book was released on 2016 with total page 117 pages. Available in PDF, EPUB and Kindle. Book excerpt: The risk of corporate inc ...
Book Synopsis Allocation of the Taxing Right to Payments for Cloud Computing-as-a-service by : L. Fjord Kjærsgaard
Download or read book Allocation of the Taxing Right to Payments for Cloud Computing-as-a-service written by L. Fjord Kjærsgaard and published by . This book was released on 2019 with total page pages. Available in PDF, EPUB and Kindle. Book excerpt: The author analyses the options available to user jurisdictions for taxing the value generated by cloud computing service providers. The focus is on the challenges of allocating the taxing right to payments for cloud computing provided as a service in the form of Infrastructure-as-a-Service, Platform-as-a-Service and Software-as-a-Service, deployed as both public and private cloud computing. More specifically, the focus is on mixed contracts, the distinction between business income and royalties and whether the provision of such services constitute a permanent establishment. The analysis is primarily based on the OECD Model Tax Convention on Income and on Capital, but some relevant derogations and national practices are also considered. Among other things, it is concluded that the user jurisdictions, pursuant to the current international tax regime, will, under certain circumstances, be precluded from taxing the income of foreign cloud computing service providers, as cloud computing service providers may be able to deliver their digital services from remote locations while structuring their business around potential withholding taxes. Against this background, value creation and the fundamental principles of legal certainty, neutrality and the ability to pay tax are discussed. Finally, it is recommended that policymakers assess the full effects of the changes made in the tenth update to the OECD Model Tax Convention on Income and on Capital (21 November 2017) before introducing new measures.
Book Synopsis Tax Implications of Cloud Computing - How Real Taxes Fit Into Virtual Clouds by : Aleksandra Bal
Download or read book Tax Implications of Cloud Computing - How Real Taxes Fit Into Virtual Clouds written by Aleksandra Bal and published by . This book was released on 2014 with total page 5 pages. Available in PDF, EPUB and Kindle. Book excerpt: This article explores tax challenges faced by providers of cloud-based services. First, the concept of cloud computing is explained. The following sections focus on key problem areas, i.e. the qualification of a server as a permanent establishment (PE), the outsourcing of bookkeeping functions, e-invoicing and the VAT treatment of services in the cloud. As legal problems cannot be assessed independently from a particular legal framework, the focus here is on EU and German law.
Book Synopsis Thinking Out Cloud by : Matthew Susson
Download or read book Thinking Out Cloud written by Matthew Susson and published by . This book was released on 2014 with total page 51 pages. Available in PDF, EPUB and Kindle. Book excerpt: Confronted with growing budget deficits and decreasing tax bases, states have sought to expand sales tax laws to capture revenue from sales of digital products. Just as states have begun to impose such taxes, however, the shift from downloaded products to cloud-based data and applications -- accessible from anywhere in the world -- poses new challenges to the states' ability to reach such transactions with their taxing powers.Thus far, state governments have taken inconsistent and patchwork approaches towards determining taxability. Rather than supplement or amend state tax codes to address cloud computing transactions directly, they have sought to apply existing provisions dealing with tangible personal property, services, or information processing. As a result of their piecemeal approaches, cloud service providers and their customers are left without definitive guidance as to their sales and use tax obligations, which may vary substantially state-to-state.If California wishes to stanch its revenue bleeding and budgetary problems, it must do more than simply repurpose existing state provisions ad hoc and shoehorn new business paradigms into old categories. California's ongoing transition to an information services economy requires a coordinated effort to effectively tax crucial revenue. California must amend its tax code to allow taxation of some services -- specifically digital services -- if it hopes to maintain a steady stream of sales tax revenue. It must, however, propound comprehensible guidelines if it wishes to incentivize innovation and provide certainty and stability to service providers and retail customers regarding their tax obligations. California should also work in concert with other states to commonly define goods and services and create a consistent national vocabulary, which would simplify the levying and collection of sales taxes on interstate transactions, and pave the way for unifying federal action.
Book Synopsis State Taxation by : Jerome R. Hellerstein
Download or read book State Taxation written by Jerome R. Hellerstein and published by . This book was released on 1998 with total page 0 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Book Synopsis Sales and Use Taxes by : Stephen P. Kranz
Download or read book Sales and Use Taxes written by Stephen P. Kranz and published by . This book was released on 2015 with total page pages. Available in PDF, EPUB and Kindle. Book excerpt: ...Discusses the application of sales and use taxes to cloud computing transaction. The portfolio discusses the various cloud computing models that have been developed and are now utilized to serve the needs of businesses on a global scale, and the approaches states are taking to apply sales and use tax to the different models.
Book Synopsis Taxing Global Digital Commerce by : Arthur Cockfield
Download or read book Taxing Global Digital Commerce written by Arthur Cockfield and published by Kluwer Law International B.V.. This book was released on 2019-11-07 with total page 506 pages. Available in PDF, EPUB and Kindle. Book excerpt: Digital commerce – the use of computer networks to facilitate transactions involving the production, distribution, sale, and delivery of goods and services – has grown from merely streamlining relations between consumer and business to a much more robust phenomenon embracing efficient business processes within a firm and between firms. Inevitably, the related taxation issues have grown as well. This latest edition of the preeminent text on the taxation of digital transactions revises, updates and expands the book’s coverage. It includes a detailed and up-to-date analysis of income tax and VAT developments regarding digital commerce under the OECD and G20 Base Erosion and Profit Shifting (BEPS) reforms. It explores the implications of digital commerce for US state sales and use tax regimes resulting from the 2018 US Supreme Court decision in Wayfair. It discusses cross-border tax in the United States while continuing to focus on tax developments throughout the world. Analysing the practical tax consequences of digital commerce from a multijurisdictional perspective, and using examples to illustrate the application of different taxes to digital commerce transactions, the book offers in-depth treatment of such topics as the following: how tax rules governing cross-border digital commerce are increasingly applied to all cross-border activities; how tax rules and institutional processes have evolved to confront challenges posed by digital commerce; how an emerging ‘tax war’ is developing whereby different countries are unilaterally imposing new tax rules on cross-border digital commerce; how technology enhances tax and cross-border tax information exchanges; how technology reduces both compliance and enforcement costs; cross-border consumption tax issues raised by cloud computing; and different approaches to the legal design of VAT place of taxation rules. The authors offer insightful views on the likely development of new approaches to taxing cross-border digital commerce. This edition, while building on the analysis of the relationship between traditional tax laws and the Internet in the first edition and its predecessors, contains a more explicit and systematic consideration of digital commerce issues and the ongoing policy responses to them. Tax professionals and academics everywhere will welcome the important contribution it makes towards the design of cross-border tax rules that are both conceptually sound and practical in application. ‘A tour de force … much larger and richer than its predecessors … a massive contribution to the growing literature on the taxation of e-commerce.’ – Rita de la Feria, British Tax Review ‘Provides important understandings for ongoing policy discussions … I would warmly recommend.’ – P. Rendahl, World Journal of VAT/GST Law
Book Synopsis Tax and the Digital Economy by : Werner Haslehner
Download or read book Tax and the Digital Economy written by Werner Haslehner and published by Kluwer Law International B.V.. This book was released on 2019-05-01 with total page 370 pages. Available in PDF, EPUB and Kindle. Book excerpt: The increasingly digitalized global economy is undermining the usefulness of many traditional tax concepts. In addition to issues of double taxation and double non-taxation, important questions arise concerning the allocation of taxing rights in respect of income from cross-border digital transactions. This is the first book to analyse what changes are possible, necessary and feasible in order to forestall the unravelling of the existing international tax framework. Focusing in turn on the legal framework, specific proposals for adapting tax concepts for the digital economy, types of transactions and administrative issues such as those around data protection and digital currencies, the expert contributors discuss such challenges to taxation as the following: the pervasiveness of intangible assets; new value creation models; the ascendance of the sharing economy and digital services; virtual currencies; the importance of user participation for digital platforms; cloud computing; the impact of Big Data on tax enforcement; virtual business presence; and the influence of robotization. Throughout, the authors describe and analyse proposals made by the Organisation for Economic Co-operation and Development (OECD), the European Union (EU) and individual countries and their likely impact going forward. They also attend to the limits imposed on reform possibilities by public international law, EU law and constitutional law. It is generally acknowledged that there is a need to monitor how the digital transformation may be impacting value creation. This book is a key milestone toward developing a durable, long-term solution to the tax challenges posed by the digitalization of the economy. With its thorough scrutiny of proposals for digital services tax and virtual permanent establishments, insightful analysis of digital services and detailed description of the impact of big data on tax administration and taxpayer protection, it will quickly prove indispensable for tax practitioners and the international tax community more generally.
Book Synopsis Transfer Pricing the Cloud by : Sterling Jones
Download or read book Transfer Pricing the Cloud written by Sterling Jones and published by . This book was released on 2014 with total page 0 pages. Available in PDF, EPUB and Kindle. Book excerpt: Informational Technology (IT) services today form a core component of most multinational enterprises in their mission to deliver goods and services and realize a profit. Cloud computing is the newest mechanism to deliver IT goods and services. Given this new global market place, international taxation systems have not grown as fast the economy. These conditions create opportunities for Multinational Enterprises (MNE) to structure their operations, particularly IT and cloud computing, in a way to minimize their tax burdens through location in low or no tax jurisdictions. This results in a diminution in tax revenue, or base erosion, and is the consequence of intangibles being shifted to no or low tax jurisdictions with the corresponding income they generate, being attributed to those jurisdictions and taxed accordingly under existing frameworks. As a result, there exist gaps within this international framework that lead to low or no taxation and stranded cash offshore. The OECD coined the term Base Erosion Profit Shifting, or BEPS, to describe this issue. Cloud computing is the most recent iteration of base erosion and profit-shifting that is facing multinational enterprises and taxing sovereigns. BEPS is the taxation practice of shifting income to alternate low or no tax jurisdictions. MNEs accomplish this by shifting intangible items that generate income, such as royalties, rentals, and leases, to entities in jurisdictions that levy low or no tax. The resulting diminution in the home country's tax revenue base generated enough concern amongst the G-20 that they petitioned the OECD to address BEPS and prepare an Action Plan. The resulting action plan addresses BEPS in a broad fashion, however, for purposes of this paper, it will focus on BEPS as it pertains to Cloud Computing to highlight some of the major issues facing MNEs, law firms, accountants, and taxing sovereigns.
Book Synopsis Taxing the Cloud : Transfer Pricing Considerations by : O. Mazur
Download or read book Taxing the Cloud : Transfer Pricing Considerations written by O. Mazur and published by . This book was released on 2017 with total page pages. Available in PDF, EPUB and Kindle. Book excerpt: This article discusses how cloud computing strains traditional transfer pricing principles and allows for base erosion and profit shifting (BEPS) by multinational enterprises. It offers several suggestions for a more equitable allocation of profits.
Book Synopsis Transfer Pricing Challenges in the Cloud by : O. Mazur
Download or read book Transfer Pricing Challenges in the Cloud written by O. Mazur and published by . This book was released on 2016 with total page pages. Available in PDF, EPUB and Kindle. Book excerpt: Cloud computing has fundamentally changed how companies operate. Companies have quickly adapted by moving their businesses to the cloud, but international tax standards have failed to follow suit. As a result, taxpayers and tax administrations confront significant tax challenges in applying outdated tax principles to this new environment. One particular area that raises perplexing tax issues is the transfer pricing rules. The transfer pricing rules set forth the intercompany price a cloud service provider must charge an affiliate using its cloud services, which ultimately affects the determination of the jurisdiction in which the company's profits are taxed. This article argues that, due to the nature of the cloud, the current transfer pricing rules give U.S. multinational enterprises substantial freedom to shift profits to low-tax jurisdictions and avoid tax in the United States in a practice commonly referred to as base erosion and profit shiftingm (BEPS). This type of aggressive international tax planning has become a pressing problem worldwide that poses a serious risk to tax sovereignty, tax fairness, and the integrity of the corporate income tax. The OECD launched an action plan to address the BEPS problem, but the OECD's work falls short of coming up with an innovative solution that will minimize the artificial shifting of profits abroad. In response, this article recommends that, given the features of this new business environment, an international tax reform solution that adopts formulary apportionment or the profit-split methodology on a coordinated global basis would better address BEPS and minimize the undesirable policy results of our current transfer pricing rules.
