Chapter 8: Taxation of International E-Trade: Russian Particularities
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Is Panama Really Your Tax Haven? Secrecy Jurisdictions
Is Panama really your tax haven? Secrecy jurisdictions and the countries they harm Petr Janský, Markus Meinzer, Miroslav Palanský1 Abstract Secrecy jurisdictions provide services that enable the residents of other countries to escape the laws and regulations of their home economies, evade tax, or hide their legally or illegally obtained assets. Recent offshore leaks offer only a limited and biased view of the world of financial secrecy. In this paper we quantify which secrecy jurisdictions provide secrecy to which countries and assess how successful countries are in targeting these jurisdictions with their policies. To that objective we develop the Bilateral Financial Secrecy Index (BFSI) and estimate it for 86 countries by quantifying the financial secrecy supplied to them by up to 100 secrecy jurisdictions. We then evaluate two major recent policy efforts by comparing them with the results of the BFSI. First, we focus on the blacklisting process of the European Commission and find that most of the important secrecy jurisdictions for EU member states have been identified by the lists. Second, we link the results to data on active bilateral automatic information exchange treaties to assess how well- aimed are the policymakers’ limited resources. We argue that while low-secrecy jurisdictions’ gains are maximized if a large share of received secrecy is covered by automatic information exchange, tax havens aim not to activate these relationships with countries to which they supply secrecy. Our results show that so far, some major secrecy jurisdictions successfully keep their most prominent relationships uncovered by automatic information exchange, and activating these relationships may thus be an effective tool to curb secrecy. -
Fixing U.S. International Taxation
DANIEL N. SHAVIRO FIXING U.S. INTERNATIONAL TAXATION 2 FIXING U.S. INTERNATIONAL TAXATION (forthcoming Oxford University Press, 2014) Daniel N. Shaviro June 2013 All Rights Reserved 2 1. INTRODUCTION AND OVERVIEW A Fork in the Road? Yogi Berra once offered the advice, “When you come to a fork in the road, take it.” He could almost have been speaking about the U.S. international tax rules, which govern how we tax cross-border or multinational investment. For “outbound” investment, or that earned abroad by U.S. companies, the U.S. rules, for almost a century, have muddled along in the netherworld between two sharply etched approaches that dominate the literature, each intuitively appealing but utterly inconsistent with the other. The first approach is called worldwide or residence-based taxation. Under it, the U.S. would impose tax at the same rate on U.S. companies’ foreign source income (FSI) as on their domestic income. The great apparent virtue of this approach is that it would prevent the companies from reducing their U.S. tax liability by investing (or reporting income) abroad rather than at home. The second approach is called source-based or territorial taxation. Under it, the U.S., recognizing that foreign companies pay no U.S. tax when they invest abroad, would extend this same U.S. tax exemption for FSI to its own companies. (This approach is therefore also called exemption). The great apparent virtue of this approach is that it would avoid placing U.S. companies under a competitive disadvantage, as compared to their foreign rivals, when they invest abroad. -
EMERGING ISSUES in INTERNATIONAL TAXATION – CHALLENGES and WAY FORWARD by PATIENCE T
EMERGING ISSUES IN INTERNATIONAL TAXATION – CHALLENGES AND WAY FORWARD By PATIENCE T. RUBAGUMYA COMMISSIONER LEGAL SERVICES AND BOARD AFFAIRS OUTLINE L 1 Introduction 2 Challenges in international taxation taxation 3 Proposed Way forward 4 Conclusion INTRODUCTION Structure of Budget Financing in Uganda and most African Countries: • Reliance on taxes to fund current and development expenditure • About 70% of the taxes are collected from domestic resources • Domestic resource mobilization is therefore key for sustainable development and thus the focus is now on international taxation and implementing strategies to enhance compliance with Transfer Pricing Regulations, Preventing Treaty Abuse and Policy redesign CHALLENGES Treaty Abuse: • This is a realistic challenge. Most treaties in developing countries are being abused due to inadequacy of the beneficial ownership anti provision. • Treaties are vulnerable to abuse and this is as a result of the way the provisions in those treaties are structured and as such the vice of treaty shopping is prevalent. CHALLENGES • Lack of information about worldwide activities and operations of multinational entities and finding comparable data for transfer pricing cases. • The MNEs create cash boxes in preferential tax regimes jurisdictions and these erode the tax base of developing countries through the payments of royalties and interest without substantial presence and value creation in such jurisdictions. CHALLENGES • Inadequate capacity of staff International taxation is complex, takes about four years to build expertise of tax official in international taxation matters. • Limited financing for capacity building programmes in the face of competing demands for resources which thus undermines domestic resource mobilization efforts. CHALLENGES- EXTRACTIVES • Some developing countries have significant oil reserves and other natural resources and often the right to tax income from the activities relating to exploitation of such resources is often an area of disputes that end up in costly international arbitration cases. -
Excise Duties on Beer: Australia in International Perspective
Excise Duties on Beer: Australia in International Perspective Prof Kym Anderson AC Wine Economics Research Centre School of Economics University of Adelaide Adelaide SA 5005 Phone +61 8 8313 4712 [email protected] February 2020 (This paper updates analysis provided in August 2019) Paper prepared for the Brewers Association of Australia, PO Box 4021, Manuka, ACT 2603 2 Excise Duties on Beer: Australia in International Perspective Almost all high-income and developing countries tax the consumption of commercially produced beer, Monaco being a rare exception (WHO 2018, 2019). Excise duties are applied to wholesale prices of beer, typically at rates that vary according to their alcohol content, so to compare across countries one needs to define a standard beer. This paper defines a standard beer as one that has 4.4% alcohol by volume, which is the average alcohol content of beer consumed in Australia. Numerous countries have lower duties on the beers of small brewers and also on lower-alcohol beers, while some also have higher duties on higher-alcohol beers. However, since the definitions of those non-standard beer categories vary greatly across countries, they are not easy to tabulate and so are not included here. To the author’s knowledge, Australia is the only country to have different rates of excise duty for draught and packaged beer, the draught rate being only 70% of that for packaged beer. Both rates are presented in the comparison below as well as their volume-weighted average. According to Euromonitor International (2018), 78% of the volume of beer consumed in Australia in 2017 was off-trade, not including cafes and restaurants. -
What Is an 'Excise Tax' What Is an 'Indirect Tax'
Memo Date: September 24, 2018 To: Assembly, CFO From: Debra Schnabel, Manager, Haines Borough Re: Excise Taxes generally, selected states and municipal levies What is an 'Excise Tax' An excise tax is an indirect tax on the sale of a particular good or service such as fuel, tobacco and alcohol. Indirect means the tax is not directly paid by an individual consumer — instead, the government levies the tax on the producer or merchant, who passes it onto the consumer by including it in the product's price. Excise taxes are imposed by all levels of government — federal, state and municipal. These taxes fall into one of two categories: ad valorem and specific. Ad valorem excise taxes are fixed percentage rates assessed on particular goods or services. Specific taxes are fixed dollar amounts applied to certain purchases. What is an ‘Indirect Tax’ An indirect tax is collected by one entity in the supply chain (usually a producer or retailer) and paid to the government, but it is passed on to the consumer as part of the purchase price of a good or service. The consumer is ultimately paying the tax by paying more for the product. Indirect taxes are defined by contrasting them with direct taxes. Indirect taxes can be defined as taxation on an individual or entity, which is ultimately paid for by another person. The body that collects the tax will then remit it to the government. But in the case of direct taxes, the person immediately paying the tax is the person that the government is seeking to tax. -
World Energy Perspectives Rules of Trade and Investment | 2016
World Energy Perspectives Rules of trade and investment | 2016 NON-TARIFF MEASURES: NEXT STEPS FOR CATALYSING THE LOW- CARBON ECONOMY ABOUT THE WORLD ENERGY COUNCIL The World Energy Council is the principal impartial network of energy leaders and practitioners promoting an affordable, stable and environmentally sensitive energy system for the greatest benefit of all. Formed in 1923, the Council is the UN- accredited global energy body, representing the entire energy spectrum, with over 3,000 member organisations in over 90 countries, drawn from governments, private and state corporations, academia, NGOs and energy stakeholders. We inform global, regional and national energy strategies by hosting high-level events including the World Energy Congress and publishing authoritative studies, and work through our extensive member network to facilitate the world’s energy policy dialogue. Further details at www.worldenergy.org and @WECouncil ABOUT THE WORLD ENERGY PERSPECTIVES – NON-TARIFF MEASURES: NEXT STEPS FOR CATALYSING THE LOW-CARBON ECONOMY The World Energy Perspective on Non-tariff Measures is the second report in a series looking at how an open global trade and investment regime concerning energy and environmental goods and services can foster the transition to a low-carbon economy. Building on the previous report on tariff barriers to environmental goods, this report highlights twelve significant non-tariff measures (NTMs) directly affecting the energy industry and investments in this sector. The World Energy Council has identified that these barriers greatly impact countries’ trilemma performance, the triple challenge of achieving secure, affordable and environmentally sustainable energy systems. Through this work, the Council seeks to inform policymakers as to what extent countries should address non-tariff measures to improve trade conditions, and eliminate unnecessary additional costs to trade, ultimately fostering national economic development. -
The Financial Secrecy Index: Shedding New Light on the Geography of Secrecy
The Financial Secrecy Index: Shedding New Light on the Geography of Secrecy Alex Cobham, Petr Janský, and Markus Meinzer Abstract Both academic research and public policy debate around tax havens and offshore finance typically suffer from a lack of definitional consistency. Unsurprisingly then, there is little agreement about which jurisdictions ought to be considered as tax havens—or which policy measures would result in their not being so considered. In this article we explore and make operational an alternative concept, that of a secrecy jurisdiction and present the findings of the resulting Financial Secrecy Index (FSI). The FSI ranks countries and jurisdictions according to their contribution to opacity in global financial flows, revealing a quite different geography of financial secrecy from the image of small island tax havens that may still dominate popular perceptions and some of the literature on offshore finance. Some major (secrecy-supplying) economies now come into focus. Instead of a binary division between tax havens and others, the results show a secrecy spectrum, on which all jurisdictions can be situated, and that adjustment lfor the scale of business is necessary in order to compare impact propensity. This approach has the potential to support more precise and granular research findings and policy recommendations. JEL Codes: F36, F65 Working Paper 404 www.cgdev.org May 2015 The Financial Secrecy Index: Shedding New Light on the Geography of Secrecy Alex Cobham Tax Justice Network Petr Janský Institute of Economic Studies, Faculty of Social Sciences, Charles University in Prague Markus Meinzer Tax Justice Network A version of this paper is published in Economic Geography (July 2015). -
The Relationship Between MNE Tax Haven Use and FDI Into Developing Economies Characterized by Capital Flight
1 The relationship between MNE tax haven use and FDI into developing economies characterized by capital flight By Ali Ahmed, Chris Jones and Yama Temouri* The use of tax havens by multinationals is a pervasive activity in international business. However, we know little about the complementary relationship between tax haven use and foreign direct investment (FDI) in the developing world. Drawing on internalization theory, we develop a conceptual framework that explores this relationship and allows us to contribute to the literature on the determinants of tax haven use by developed-country multinationals. Using a large, firm-level data set, we test the model and find a strong positive association between tax haven use and FDI into countries characterized by low economic development and extreme levels of capital flight. This paper contributes to the literature by adding an important dimension to our understanding of the motives for which MNEs invest in tax havens and has important policy implications at both the domestic and the international level. Keywords: capital flight, economic development, institutions, tax havens, wealth extraction 1. Introduction Multinational enterprises (MNEs) from the developed world own different types of subsidiaries in increasingly complex networks across the globe. Some of the foreign host locations are characterized by light-touch regulation and secrecy, as well as low tax rates on financial capital. These so-called tax havens have received widespread media attention in recent years. In this paper, we explore the relationship between tax haven use and foreign direct investment (FDI) in developing countries, which are often characterized by weak institutions, market imperfections and a propensity for significant capital flight. -
Taxing Energy Use 2019: Country Note – China
CHINA 1 │ Taxing Energy Use 2019: Country Note – China This note explains how China taxes energy use. The note shows the distribution of effective energy tax rates – the sum of fuel excise taxes, explicit carbon taxes, and electricity excise taxes, net of applicable exemptions, rate reductions, and refunds – across all domestic energy use. It also details the country-specific assumptions made when calculating effective energy tax rates and matching tax rates to the corresponding energy base. The note complements the Taxing Energy Use 2019 report that is available at http://oe.cd/TEU2019. The report analyses where OECD and G20 countries stand in deploying energy and carbon taxes, tracks progress made, and makes actionable recommendations on how governments could do better to use taxes to reach environmental and climate goals. The general methodology employed to calculate effective energy tax rates and assign tax rates to the energy base is explained in Chapter 1 of the report. The official energy tax profile for China can be found in Chapter 2 of the report. Chapter 3 additionally shows effective carbon tax rates per tonne of CO2, and presents the corresponding carbon tax profiles for all countries. The report also contains StatLinks to the official data. Structure of energy taxation in China In China, the Refined Oil Excise Tax (成品油消费税) applies to gasoline, naphtha, solvent and lubricating oil at a uniform rate of CNY 1.52 per litre, as well as to diesel, and fuel oil at a uniform rate of CNY 1.2 per litre. Revenues are earmarked for transport funding and green purposes. -
International Taxation Certificate
International Taxation Certificate 1 Puerto Rico, and all U.S. states except California. Georgetown is also INTERNATIONAL TAXATION authorized separately to deliver online education to students residing in California. For more information on state authorization, including state CERTIFICATE complaint processes and refund policies the university is required to comply with, please visit Georgetown's office of Compliance and Ethics Georgetown offers a Certificate program in the increasingly important web page: https://compliance.georgetown.edu/student-consumer- field of international taxation. information/distance-education The Certificate is open to both U.S. and foreign-trained lawyers, as well as For more information on SARA please visit: https://www.nc-sara.org/ non-attorney tax professionals, and can be completed together with the Tax LL.M. degree (https://curriculum.law.georgetown.edu/llm/llm-llm- Disclosure Regarding Professional Licensure programs/llm-taxation) or on a stand-alone basis. Georgetown Law's online programs, which include the Executive LLM in Taxation, Executive LLM in Securities & Financial Regulation, MSL in The Certificate in International Taxation can also be completed entirely online Taxation, and Certificates in International Tax and State and Local Tax, (http://curriculum.law.georgetown.edu/llm/llm-online-parttime-options). will not lead to professional licensure and will not qualify a student to sit for any state bar exam. Requirements for U.S.-Trained Students and all Online Students: Search LL.M International Taxation Certificate Courses (http:// • All students must take a minimum of 10 specialization credits. curriculum.law.georgetown.edu/course-search/?program=program_89) • Prerequisites: All students must have successfully completed a course in basic federal income taxation or take Georgetown’s LAW 710 v00 Advanced International Taxation (http:// online course, Foundations of Federal Income Taxation, prior curriculum.law.georgetown.edu/course-search/?keyword=LAW to enrolling in the Certificate program. -
Narrative Report on Panama
NARRATIVE REPORT ON PANAMA PART 1: NARRATIVE REPORT Rank: 15 of 133 Panama ranks 15th in the 2020 Financial Secrecy Index, with a high secrecy score of 72 but a small global scale weighting (0.22 per cent). How Secretive? 72 Coming within the top twenty ranking, Panama remains a jurisdiction of particular concern. Overview and background Moderately secretive 0 to 25 Long the recipient of drugs money from Latin America and with ample other sources of dirty money from the US and elsewhere, Panama is one of the oldest and best-known tax havens in the Americas. In recent years it has adopted a hard-line position as a jurisdiction that refuses to 25 to 50 cooperate with international transparency initiatives. In April 2016, in the biggest leak ever, 11.5 million documents from the Panama law firm Mossack Fonseca revealed the extent of Panama’s involvement in the secrecy business. The Panama Papers showed the 50 to 75 world what a few observers had long been saying: that the secrecy available in Panama makes it one of the world’s top money-laundering locations.1 Exceptionally 75 to 100 In The Sink, a book about tax havens, a US customs official is quoted as secretive saying: “The country is filled with dishonest lawyers, dishonest bankers, dishonest company formation agents and dishonest How big? 0.22% companies registered there by those dishonest lawyers so that they can deposit dirty money into their dishonest banks. The Free Trade Zone is the black hole through which Panama has become one of the filthiest money laundering sinks in the huge world.”2 Panama has over 350,000 secretive International Business Companies (IBCs) registered: the third largest number in the world after Hong Kong3 and the British Virgin Islands (BVI).4 Alongside incorporation of large IBCs, Panama is active in forming tax-evading foundations and trusts, insurance, and boat and shipping registration. -
Date: 2021-08-23 SCHEDULE 2 Customs & Excise Tariff
Date: 2021-08-23 SCHEDULE 2 Customs & Excise Tariff SCHEDULE 2 ANTI-DUMPING AND COUNTERVAILING DUTIES ON IMPORTED GOODS Notes: 1. Any reference to the Kingdom of Swaziland and BLNS in any provision of this Schedule shall, with effect from 19 April 2018, be deemed to be a reference to the Kingdom of Eswatini and BELN, respectively, in terms of the provisions which existed before 19 April 2018. SCHEDULE 2 / PART 1 Customs & Excise Tariff SCHEDULE 2 / PART 1 ANTI-DUMPING DUTIES ON IMPORTED GOODS NOTES: 1. The goods specified in Column headed "Tariff Heading, Code and Description" of this Part shall, in addition to any other duties payable thereon upon entry for home consumption thereof or as provided for in Chapter VI, be liable to the appropriate anti-dumping duty provided for in respect of such goods in this Part at the time of such entry or such other time as so provided, if those goods are imported from a supplier or originate in a territory mentioned in Column headed "Imported from or Originating in" headed Extent of Rebate"of this Part. 2. Anti-dumping duties provided for in this Part in respect of any goods, shall also apply to such goods entered under any item of Schedule No. 3 or 4 specified in the Column headed "Rebate Items" of this Part. 3. Unless the context otherwise indicates, the General Notes to Schedule No. 1 and the Section and Chapter Notes in the said Schedule shall MUTATIS MUTANDIS apply for this Part. 4. Whenever the tariff heading or subheading under which any goods are classified in Part 1 of Schedule No.