Getting Acquainted with VAT (C) Tax Analysts 2011
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TALES from the KPMG SKUNK WORKS: the BASIS-SHIFT OR DEFECTIVE-REDEMPTION SHELTER by Calvin H
(C) Tax Analysts 2005. All rights reserved. does not claim copyright in any public domain or third party content. TALES FROM THE KPMG SKUNK WORKS: THE BASIS-SHIFT OR DEFECTIVE-REDEMPTION SHELTER By Calvin H. Johnson Table of Contents Calvin H. Johnson is professor of law at the Uni- versity of Texas at Austin. This report arises out of his I. Was FLIP/OPIS Fair Game? ............433 testimony before the U.S. Senate Permanent Subcom- A. Description of the FLIP/OPIS Basis-Shift mittee on Investigation hearings on the role of profes- Shelter ........................ 433 sionals in the U.S. tax shelter industry. Prof. Johnson has agreed to serve as an expert for plaintiffs who B. The Heart of the Shelter ............ 435 bought KPMG shelters and seek recovery of costs. He C. The Paramount Substance-Over-Form thanks James Martens and Samuel Buell for comments Doctrines ....................... 438 on an earlier draft, but acknowledges responsibility II. FLIP/OPIS and Professional Standards ... 440 for errors. A. The One-in-Three Chance Test ........ 440 In this report, Johnson argues that the basis-shift or B. One-in-Three Applied to Outcomes .... 441 defective-redemption shelter, called FLIP or OPIS by III. Concluding Remarks ................ 442 KPMG, was an early product of KPMG’s endeavor to develop complete tax packages that could be sold for KPMG, the fourth largest accounting firm, is negoti- multimillion-dollar fees to many customers. The ating with the Justice Department over the terms by which it might avoid criminal indictment for its conduct FLIP/OPIS shelter gives a rare opportunity, he says, to 1 see both KPMG internal deliberations and also the arising out of its tax shelters. -
Business Taxpayer Burden Survey Internal Revenue Service
Business Taxpayer Burden Survey Internal Revenue Service sampleonly For use Your experience matters to us. BTB <Wave#> <WesID> IRS Business Taxpayer Burden Survey The purpose of this survey is to provide Congress and the President with accurate estimates of the costs incurred by business taxpayers in complying with federal tax rules and regulations as well as to inform tax administrators and policy makers regarding opportunities to reduce and otherwise manage these costs. Please be assured that you will not be asked about the income or other financial details of your business’ tax return. This questionnaire relates to the activities associated with the preparation and filing of your 2009 federal income tax return and any other tax returns (i.e., employment, excise, information returns, state and local, etc.) filed for the same period. This includes any filings completed in the 12 months leading up to the filing of your business’ 2009 federal income tax return. The individual most responsible for maintaining the financial records for your business or making the financial and tax-related decisions for your business should complete this questionnaire. You may need to consult with others in your organization to complete the survey and we encourage you to do so. This survey includes questions regarding the following content areas: Tax Preparation Methods and Activities Tax-related Recordkeeping Gathering Materials, Learning About Tax Law, and Using IRS Taxpayer Services Tax Form Completion Tax Department Personnel and Budget Time Associated with Tax Compliance Allocation of Time Burden Across Tax Compliance Activities Allocation of Time Burden Across Type of Employee Fees Associated with Tax Compliance Demographics Please be assured that your responsessample will be used for research and aggregate reporting purposes only and will not be used for other non-statistical or non-researchonly purposes such as direct enforcement activities. -
Consumption Taxes
A conversation with Alan D. Viard on March 25th, 2014 Participants • Alan D. Viard – Resident Scholar, American Enterprise Institute • Alexander Berger – Senior Research Analyst, GiveWell Note: This set of notes was compiled by GiveWell and gives an overview of the major points made by Dr. Viard. Summary GiveWell spoke with Alan D. Viard, Resident Scholar at the American Enterprise Institute (AEI), about fundamental tax reform, particularly the benefits and drawbacks of various types of consumption taxes. Consumption taxes A consumption tax is a tax on spending as opposed to income. Consumption taxation is theoretical appealing because, unlike the income tax, it does not disincentivize investment and saving. Under an income tax, both invested money and the return on invested money are taxed, meaning that income that is invested is ultimately taxed more heavily than income spent immediately. By taxing money when it is spent, a consumption tax avoids this problem and encourages greater capital growth. Dynamic simulation models suggest that a switch to a consumption tax might increase overall economic output by several percentage points in the long run. Several types of consumption tax have been proposed. A value-added tax (VAT), somewhat like a sales tax, uses a flat tax structure. The X tax is a progressive consumption tax that taxes businesses on value-added minus wages and individuals on wages. The personal expenditure tax (PET) is a progressive tax on household expenditures which eliminates business taxes altogether. Value-added tax (VAT) A VAT is a tax on the value added to a product at each stage of its manufacture and on its final sale to the consumer. -
Scholars Criticize International Tax
CURRENT AND QUOTABLE (C) Tax Analysts 2015. All rights reserved. does not claim copyright in any public domain or third party content. tax notes™ Scholars Criticize International profits as a share of GDP — at 9.8% — are nearly at all-time highs.2 Their U.S. taxes as a share of GDP Tax Reform Proposals are just 1.9%, which are near all-time lows.3 [See Figure below] And U.S. corporate taxes as a share of federal revenue have plummeted from 32.1% in This letter to Congress from 24 international tax 4 experts expresses opposition to international tax 1952 to 10.6% last year. Finally, the number of reform proposals under consideration that would cross-border acquisitions involving U.S. and other establish a territorial tax system and a low deemed OECD countries has remained relatively constant repatriation tax rate of 14 percent on $2.1 trillion in over the last decade — U.S. firms acquired 324 existing offshore profits. The letter also summarizes OECD firms in 2006 and 238 in 2014 and OECD research showing that there is no factual basis for firms acquired 311 U.S. firms in 2006 and 226 in the assertion that U.S. multinationals cannot com- 2014.5 pete globally because of the U.S. tax system and U.S. tax rates. There is no factual basis for the assertion that U.S. multinationals cannot compete globally because of the U.S. tax system. The effective tax rates on their Dear Member of Congress: worldwide income, including U.S. taxes, are typi- As legal scholars, economists and practitioners cally far below the 35% statutory rate — at one-half who are experts on international tax issues, we are the 35% rate or even less, according to some esti- writing to express our opposition to current propos- mates. -
The Viability of the Fair Tax
The Fair Tax 1 Running head: THE FAIR TAX The Viability of The Fair Tax Jonathan Clark A Senior Thesis submitted in partial fulfillment of the requirements for graduation in the Honors Program Liberty University Fall 2008 The Fair Tax 2 Acceptance of Senior Honors Thesis This Senior Honors Thesis is accepted in partial fulfillment of the requirements for graduation from the Honors Program of Liberty University. ______________________________ Gene Sullivan, Ph.D. Thesis Chair ______________________________ Donald Fowler, Th.D. Committee Member ______________________________ JoAnn Gilmore, M.B.A. Committee Member ______________________________ James Nutter, D.A. Honors Director ______________________________ Date The Fair Tax 3 Abstract This thesis begins by investigating the current system of federal taxation in the United States and examining the flaws within the system. It will then deal with a proposal put forth to reform the current tax system, namely the Fair Tax. The Fair Tax will be examined in great depth and all aspects of it will be explained. The objective of this paper is to determine if the Fair Tax is a viable solution for fundamental tax reform in America. Both advantages and disadvantages of the Fair Tax will objectively be pointed out and an educated opinion will be given regarding its feasibility. The Fair Tax 4 The Viability of the Fair Tax In 1986 the United States federal tax code was changed dramatically in hopes of simplifying the previous tax code. Since that time the code has undergone various changes that now leave Americans with over 60,000 pages of tax code, rules, and rulings that even the most adept tax professionals do not understand. -
On the Margin
© 2020 Tax Analysts. All rights reserved. Analysts does not claim copyright in any public domain or third party content. ON THE MARGIN tax notes federal High Tax, Low Tax? Comparing Income Tax and Wealth Tax Rates by Erin Melly and Alan D. Viard Without taking a position on the merits of wealth taxation,1 we provide a framework for properly interpreting wealth tax rates and their relationship to income tax rates. Because wealth taxes impose a flow of taxes on a stock of wealth, they cannot be properly stated without specifying a time unit. For example, the top tax rate in the wealth tax proposal by Sen. Elizabeth Warren, D-Mass., is not 6 percent but is instead 6 percent per year. No time units are required for income tax rates, for which a flow of taxes is imposed on a flow of income. We discuss how to translate wealth tax rates into equivalent income tax rates for both safe and Erin Melly is a research associate and Alan D. risky assets. We show that apparently low wealth Viard is a resident scholar at the American tax rates are equivalent to apparently high income Enterprise Institute. They thank Karlyn tax rates and vice versa. Bowman, Alex Brill, Jason Saving, and Michael We critically assess the public and political Strain for helpful comments. discussion of wealth tax rates. We find that the In this article, Melly and Viard clarify the media and the candidates have a mixed record fundamental differences between wealth tax regarding the clarity and accuracy of their rates and income tax rates, and they critique the public discussion of wealth tax rates. -
Total State and Local Business Taxes
Total state and local business taxes State-by-state estimates for fiscal year 2012 The authors Andrew Phillips is a principal in the Quantitative Economics and Statistics group of Ernst & Young LLP and directs EY’s Regional Economics practice. He has an MA in Economics from Johns Hopkins University and a BA in Economics from Emory University. Robert Cline is the National Director of State and Local Tax Policy Economics of Ernst & Young LLP. Robert is the former director of tax research for the States of Michigan and Minnesota. He has a PhD in Economics from the University of Michigan. Caroline Sallee is a manager in the Quantitative Economics and Statistics group. She has a Master’s degree in Public Policy from the University of Michigan. Michelle Klassen is an analyst in the Quantitative Economics and Statistics group. She has a BS in Economics from Virginia Tech. Daniel Sufranski is an analyst in the Quantitative Economics and Statistics group. He has a BA in Economics and Political Science from Washington University. This study was prepared by the Quantitative Economics and Statistics (QUEST) practice of Ernst & Young LLP in conjunction with the Council On State Taxation (COST). QUEST is a group of economists, statisticians, survey professionals and tax policy researchers within EY’s National Tax Practice, located in Washington, DC. QUEST provides quantitative advisory services and products to private and public sector clients that enhance business processes, support regulatory compliance, analyze proposed policy issues and provide litigation support. COST is a nonprofit trade association based in Washington, DC. COST was formed in 1969 as an advisory committee to the Council of State Chambers of Commerce and today has an independent membership of nearly 600 major corporations engaged in interstate and international business. -
Tax Penalties and Tax Compliance
Georgetown University Law Center Scholarship @ GEORGETOWN LAW 2009 Tax Penalties and Tax Compliance Michael Doran [email protected] This paper can be downloaded free of charge from: https://scholarship.law.georgetown.edu/facpub/915 http://ssrn.com/abstract=1314401 46 Harv. J. on Legis. 111-161 (2009) This open-access article is brought to you by the Georgetown Law Library. Posted with permission of the author. Follow this and additional works at: https://scholarship.law.georgetown.edu/facpub Part of the Taxation-Federal Commons, and the Tax Law Commons ARTICLE TAX PENALTIES AND TAX COMPLIANCE MICHAEL D ORAN* This Article examines the relationship between tax penalties and tax compliance. Conventional accounts, drawing from deterrence theory and norms theory, as- sume that the relationship is purely instrumental—that the function of tax penal- ties is solely to promote tax compliance. This Article identifies another aspect of the relationship that generally has been overlooked by the existing literature: the function of tax penalties in defining tax compliance. Tax penalties determine the standards of conduct that satisfy a taxpayer’s obligations to the government; they distinguish compliant taxpayers from non-compliant taxpayers. This Article argues that tax compliance in a self-assessment system should require the tax- payer to report her tax liabilities only on the basis of legal positions that she reasonably and in good faith believes to be correct. But the accuracy penalties provided under current law set much lower standards of conduct. In the case of a non-abusive transaction, current law allows the taxpayer to base her self- assessment on a position having as little as a one-in-five chance in prevailing. -
EFFECTS of the TAX CUTS and JOBS ACT: a PRELIMINARY ANALYSIS William G
EFFECTS OF THE TAX CUTS AND JOBS ACT: A PRELIMINARY ANALYSIS William G. Gale, Hilary Gelfond, Aaron Krupkin, Mark J. Mazur, and Eric Toder June 13, 2018 ABSTRACT This paper examines the Tax Cuts and Jobs Act (TCJA) of 2017, the largest tax overhaul since 1986. The new tax law makes substantial changes to the rates and bases of both the individual and corporate income taxes, cutting the corporate income tax rate to 21 percent, redesigning international tax rules, and providing a deduction for pass-through income. TCJA will stimulate the economy in the near term. Most models indicate that the long-term impact on GDP will be small. The impact will be smaller on GNP than on GDP because the law will generate net capital inflows from abroad that have to be repaid in the future. The new law will reduce federal revenues by significant amounts, even after allowing for the modest impact on economic growth. It will make the distribution of after-tax income more unequal, raise federal debt, and impose burdens on future generations. When it is ultimately financed with spending cuts or other tax increases, as it must be in the long run, TCJA will, under the most plausible scenarios, end up making most households worse off than if TCJA had not been enacted. The new law simplifies taxes in some ways but creates new complexity and compliance issues in others. It will raise health care premiums and reduce health insurance coverage and will have adverse effects on charitable contributions and some state and local governments. -
Total State and Local Business Taxes State-By-State Estimates for Fiscal Year 2015
Total state and local business taxes State-by-state estimates for fiscal year 2015 December 2016 Executive summary This study presents detailed state-by-state estimates of The state and local business tax estimates presented the state and local taxes paid by businesses for FY15. in this study reflect tax collections from July 2014 It is the 14th annual report prepared by Ernst & Young through June 2015 in most states.1 These include LLP in conjunction with the Council On State Taxation business property taxes; sales and excise taxes paid (COST) and the State Tax Research Institute (STRI). by businesses on their input purchases and capital expenditures; gross receipts taxes; corporate income Businesses paid more than $707.5 billion in state and and franchise taxes; business and corporate license local taxes in FY15, an increase of 1.9% from FY14. taxes; unemployment insurance taxes; individual State business taxes grew less quickly than local taxes, income taxes paid by owners of noncorporate (pass- with state taxes growing 1.0% compared with local through) businesses; and other state and local taxes tax growth of 2.9%. In FY15, business tax revenue that are the statutory liability of business taxpayers. accounted for 44.1% of all state and local tax revenue. The business share has been within one percentage point of 45% since FY03. Total state and local business taxes | 1 Key findings of the study include: • Individual income taxes on pass-through business income accounted for 5.5% of total state and local • Revenue from state and local business taxes business tax revenue. -
Transforming the Tax Code: an Examination of the President’S Tax Reform Panel Recommendations
Embargoed until 3pm February 1, 2006 Statement of Leonard E. Burman1 Senior Fellow, the Urban Institute Codirector, the Tax Policy Center Visiting Professor, Georgetown Public Policy Institute www.taxpolicycenter.org Before the Subcommittees on Tax, Finance, and Exports, and Rural Enterprises, Agriculture, and Technology House Committee on Small Business Transforming the Tax Code: An Examination of the President’s Tax Reform Panel Recommendations February 1, 2006 Chairmen Bradley and Graves, Ranking Members Barrow and Millender-McDonald, and Members of the Subcommittees: I’m an unabashed cheerleader for tax reform. I came to Washington in 1985 on a leave of absence to work for the Treasury Department on what ultimately became the Tax Reform Act of 1986. That was so much fun that I never returned to my academic outpost. I’d love to repeat the experience—hopefully, on a reform that lasts. Tax reform is also a national imperative. A good tax system is fair. It’s simple. It’s conducive to economic growth. And it raises enough revenue to finance government. As the President’s tax reform panel articulated well, our current tax system fails the first three criteria in numerous ways. Moreover, though the Panel was silent on this, the tax system has also failed in recent years to raise sufficient revenues to pay for government services, and, unless we change course, that problem will only get worse as the baby boomers start to retire. This is a very serious problem because, if current trends continue, our children will face stiflingly high tax rates and a government that can’t provide even essential services. -
Globalization, the X-Tax, and the Gatt
Replacing the Income Tax with a Progressive Consumption Tax Daniel Shaviro American Enterprise Institute and New York University AEI WORKING PAPER #102, DECEMBER 5, 2003 www.aei.org/workingpapers www.aei.org/publication20881 #17197 REPLACING THE INCOME TAX WITH A PROGRESSIVE CONSUMPTION TAX Daniel N. Shaviro* Preliminary Draft All Rights Reserved I. INTRODUCTION The “depressing … gap between tax academic work and tax practice” that Edward Kleinbard recently noted1 can lead to missed opportunities on both sides. Tax academics, Kleinbard suggests, may sometimes deploy their analytical tools with too little information about how markets are actually operating.2 Practitioners, meanwhile, may fail to appreciate (or even learn of) important academic work if, from their standpoint, its style is overly abstract, couched in economics jargon, or mathematical. These features of current academic work are not meant (or at least not only meant) to be offputting. Abstraction may permit one to grasp fundamentals. Jargon, properly deployed, is simply a shorthand way of referring to ideas that the reader is assumed already to know, thus avoiding the need for tedious re-explication if this assumption is correct. Mathematics may serve to assure that one’s conclusions follow logically from one’s assumptions. Still, current academic style has costs as well as benefits when it impedes communicating important ideas to people who would be * Professor of Law, NYU Law School. 1 Edward D. Kleinbard, Taxing Convertible Debt: A Layman’s Perspective, 56 SMU L. Rev. 453, 453-54 (2003). 2 See id. at 469-470. I express no opinion on whether Kleinbard rightly directs this critique at Jeff Strnad, Taxing Convertible Debt, 56 SMU L.