Measuring, Explaining, and Controlling Tax Evasion: Lessons from Theory, Experiments, and Field Studies
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State Cigarette Excise Taxes: Implications for Revenue and Tax Evasion
May 2003 State Cigarette Excise Taxes: Implications for Revenue and Tax Evasion Final Report Prepared for Tobacco Technical Assistance Consortium Emory University, Rollins School of Public Health 1518 Clifton Road, NE Atlanta, GA 30322 Prepared by Matthew C. Farrelly Christian T. Nimsch Joshua James RTI International Health, Social, and Economics Research Research Triangle Park, NC 27709 RTI Project Number 08742.000 EXECUTIVE SUMMARY State cigarette excise taxes have long been used to raise revenue, curb smoking, and fund tobacco prevention and smoking cessation programs. Recently, there has been a dramatic increase in the average level of taxes and the number of states increasing their tax rates. To better inform the debate over excise tax increases and their impact on revenue and tax evasion, we examine the impact of tax increases on cigarette sales and revenue from recent state experiences. The following is a summary of the key findings: Z Increasing state cigarette tax rates reduces smoking levels, especially among youth. Z States that do not increase their tobacco tax rates lose tobacco tax revenue over time because of inflation and ongoing smoking declines. Z States that significantly increase their tobacco tax rates gain tobacco tax revenue, despite related consumption declines, tax avoidance, and smuggling. Z Although cigarette tax avoidance and smuggling increase somewhat after cigarette tax increases, they do not cause state revenues to decline but only reduce the size of the states’ revenue gains from the tax increases. Z Cigarette sales typically decline sharply immediately after a cigarette tax increase and then rise again to settle on a new sales level lower than the sales level before the increase. -
Transfer Pricing As a Vehicle in Corporate Tax Avoidance
The Journal of Applied Business Research – January/February 2017 Volume 33, Number 1 Transfer Pricing As A Vehicle In Corporate Tax Avoidance Joel Barker, Borough of Manhattan Community College, USA Kwadwo Asare, Bryant University, USA Sharon Brickman, Borough of Manhattan Community College, USA ABSTRACT Using transfer pricing, U.S. Corporations are able to transfer revenues to foreign affiliates with lower corporate tax rates. The Internal Revenue Code requires intercompany transactions to comply with the “Arm’s Length Principle” in order to prevent tax avoidance. We describe and use elaborate examples to explain how U.S. companies exploit flexibility in the tax code to employ transfer pricing and related tax reduction and avoidance methods. We discuss recent responses by regulatory bodies. Keywords: Transfer Pricing; Tax avoidance; Inversion; Tax Evasion; Arm’s Length Principle; R & D for Intangible Assets; Cost Sharing Agreements; Double Irish; Profit Shifting INTRODUCTION ver the last decade U.S. corporations have been increasing their use of Corporate Inversions. In an inversion, corporations move their domestic corporations to foreign jurisdictions in order to be eligible O for much lower corporate tax rates. Furthermore, inversions allow U.S. corporations that have accumulated billions of dollars overseas through transfer pricing to access those funds tax free. With an inversion a U.S. corporation becomes a foreign corporation and would not have to pay tax to the U.S. government to access the funds accumulated abroad as the funds no longer have to be repatriated to be spent. Corporations continue to avoid taxation through Transfer Pricing. This article explains transfer pricing and discusses some of the tax issues that transfer pricing pose including recommendations and proposed legislation to mitigate the practice. -
COLLECTING TAXES TECHNICAL NOTE Leadership in Public Financial Management II (LPFM II)
LPFMII-15-007 COLLECTING TAXES TECHNICAL NOTE Leadership in Public Financial Management II (LPFM II) Date: June 2018 i DISCLAIMER This document is made possible by the support of the American people through the United States Agency for International Development (USAID). Its contents are the sole responsibility of the author or authors and do not necessarily reflect the views of USAID or the United States government. This publication was produced by Nathan Associates Inc. for the United States Agency for International Development CONTENTS Contents Acronyms 2 Introduction 1 Indicator Definitions and Sources 1 Tax Performance 1 Tax Administration 6 Country Notes 10 Acronyms ADB Asian Development Bank CIT Corporate Income Tax CTD Collecting Taxes Database FAD Fiscal Affairs Department of the International Monetary Fund GDP Gross Domestic Product GFS Government Financial Statistics GNI Gross National Income GST Goods and Services Tax IAMTAX Integrated Assessment Model for Tax ICRG International Country Risk Guide (of the PRS Group) ICTD International Centre for Tax and Development IMF International Monetary Fund IT Information Technology LPFM II Leadership in Public Financial Management II LTU Large Taxpayer Unit ODA Official Development Assistance OECD Organisation for Economic Co-operation and Development OLS Ordinary least squares (estimation technique) PFM Public financial management PIT Personal Income Tax RA-FIT Revenue Administration’s Fiscal Information Tool TADAT Tax Administration Diagnostic Assessment Tool USAID United States Agency -
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5th International Conference on Accounting, Auditing, and Taxation (ICAAT 2016) TAX TRANSPARENCY – AN ANALYSIS OF THE LUXLEAKS FIRMS Johannes Manthey University of Würzburg, Würzburg, Germany Dirk Kiesewetter University of Würzburg, Würzburg, Germany Abstract This paper finds that the firms involved in the Luxembourg Leaks (‘LuxLeaks’) scandal are less transparent measured by the engagement in earnings management, analyst coverage, analyst accuracy, accounting standards and auditor choice. The analysis is based on the LuxLeaks sample and compared to a control group of large multinational companies. The panel dataset covers the years from 2001 to 2015 and comprises 19,109 observations. The LuxLeaks firms appear to engage in higher levels of discretionary earnings management measured by the variability of net income to cash flows from operations and the correlation between cash flows from operations and accruals. The LuxLeaks sample shows a lower analyst coverage, lower willingness to switch to IFRS and a lower Big4 auditor rate. The difference in difference design supports these findings regarding earnings management and the analyst coverage. The analysis concludes that the LuxLeaks firms are less transparent and infers a relation between corporate transparency and the engagement in tax avoidance. The paper aims to establish the relationship between tax avoidance and transparency in order to give guidance for future policy. The research highlights the complex causes and effects of tax management and supports a cost benefit analysis of future tax regulation. Keywords: Tax Avoidance, Transparency, Earnings Management JEL Classification: H20, H25, H26 1. Introduction The Luxembourg Leaks (’LuxLeaks’) scandal made public some of the tax strategies used by multinational companies. -
ANSWERED ON:18.03.2005 VIGILANCE AGAINST OFFICERS of IT and CUSTOMS Thummar Shri Virjibhai;Vasava Shri Mansukhbhai D
GOVERNMENT OF INDIA FINANCE LOK SABHA UNSTARRED QUESTION NO:2434 ANSWERED ON:18.03.2005 VIGILANCE AGAINST OFFICERS OF IT AND CUSTOMS Thummar Shri Virjibhai;Vasava Shri Mansukhbhai D. Will the Minister of FINANCE be pleased to state: (a) whether several Income Tax officers and Customs officers have been arrested on charges of corruption; (b) if so, the details thereof during the last three years; (c) the steps taken by the Government to have a close watch on the officers of these departments and to launch a special drive to check corruption;and (d) the success achieved by the Government as a result of steps taken? Answer MINISTER OF STATE IN THE MINISTRY OF FINANCE (SHRI S.S. PALANIMANICKAM) (a) Yes, Sir. (b) Details of Officers/Officials of Income Tax, Customs and Central Excise arrested during last three years i.e. 2002, 2003, 2004 and 2005 (upto 28.2.2005)on corruption charges furnished by the Central Bureau of Investigation (CBI) are at Annexure-A. It is, however, clarified that not all the persons against whom CBI registered cases are arrested during investigation. (c) A list of officers of doubtful integrity has been prepared in this Department and a close watch is being maintained on the activities of all the officers included in the list. Further, the vigilance set-up has been revamped in recent years for making the vigilance machinery more effective in ensuring both preventive and punitive vigilance, posting such officers to non-sensitive posts, reducing the interface between the assessee and the officers, etc. (d) The steps taken have created awareness about the vigilance mechanism. -
Tax Heavens: Methods and Tactics for Corporate Profit Shifting
Tax Heavens: Methods and Tactics for Corporate Profit Shifting By Mark Holtzblatt, Eva K. Jermakowicz and Barry J. Epstein MARK HOLTZBLATT, Ph.D., CPA, is an Associate Professor of Accounting at Cleveland State University in the Monte Ahuja College of Business, teaching In- ternational Accounting and Taxation at the graduate and undergraduate levels. axes paid to governments are among the most significant costs incurred by businesses and individuals. Tax planning evaluates various tax strategies in Torder to determine how to conduct business (and personal transactions) in ways that will reduce or eliminate taxes paid to various governments, with the objective, in the case of multinational corporations, of minimizing the aggregate of taxes paid worldwide. Well-managed entities appropriately attempt to minimize the taxes they pay while making sure they are in full compliance with applicable tax laws. This process—the legitimate lessening of income tax expense—is often EVA K. JERMAKOWICZ, Ph.D., CPA, is a referred to as tax avoidance, thus distinguishing it from tax evasion, which is illegal. Professor of Accounting and Chair of the Although to some listeners’ ears the term tax avoidance may sound pejorative, Accounting Department at Tennessee the practice is fully consistent with the valid, even paramount, goal of financial State University. management, which is to maximize returns to businesses’ ownership interests. Indeed, to do otherwise would represent nonfeasance in office by corporate managers and board members. Multinational corporations make several important decisions in which taxation is a very important factor, such as where to locate a foreign operation, what legal form the operations should assume and how the operations are to be financed. -
Relationship Between Tax and Price and Global Evidence
Relationship between tax and price and global evidence Introduction Taxes on tobacco products are often a significant component of the prices paid by consumers of these products, adding over and above the production and distribution costs and the profits made by those engaged in tobacco product manufacturing and distribution. The relationship between tax and price is complex. Even though tax increase is meant to raise the price of the product, it may not necessarily be fully passed into price increase due to interference by the industry driven by their profit motive. The industry is able to control the price to certain extent by maneuvering the producer price and also the trade margin through transfer pricing. This presentation is devoted to the structure of taxes on tobacco products, in particular of excise taxes. Outline Tax as a component of retail price Types of taxes—excise tax, import duty, VAT, other taxes Basic structures of tobacco excise taxes Types of tobacco excise systems Tax base under ad valorem excise tax system Comparison of ad valorem and specific excise regimes Uniform and tiered excise tax rates Tax as a component of retail price Domestic product Imported product VAT VAT Import duty Total tax Total tax Excise tax Excise tax Wholesale price Retail Retail price Retail & retail margin Wholesale Producer Producer & retail margin Industry profit Importer's profit price CIF value Cost of production Excise tax, import duty, VAT and other taxes as % of retail price of the most sold cigarettes brand, 2012 Total tax -
Transaction-Tax Evasion in the Housing Market José G
Transaction-tax Evasion in the Housing Market José G. Montalvo Amedeo Piolatto Josep Raya This version: January 2020 (March 2019) Barcelona GSE Working Paper Series Working Paper nº 1080 Transaction-tax evasion in the housing market Revised Version January 2020 Jos´eG. Montalvo 1 Amedeo Piolatto2 Josep Raya3 U. Pompeu Fabra-ICREA, Autonomous U. Barcelona, U. Pompeu Fabra, Research Professor BGSE BGSE, IEB, MOVE ESCSE (Tecnocampus) Acknowledgements: We gratefully acknowledges the financial sup- port of the Spanish Ministry of Economy and Competitiveness (Mont- alvo: ECO2017-82696P, Piolatto: PGC2018-094348; Raya: ECO2016- 78816R), the Government of Catalonia (Montalvo: ICREA-Academia and SGR2017-616; Piolatto: 2017SGR711), the Programa Ram´ony Cajal (Piolatto: RYC-2016-19371), the Severo Ochoa Programme for Centres of Excellence in R&D of the Spanish Ministry of Economy and Competitiveness (Montalvo and Piolatto: SEV-2015-0563) and the Barcelona GSE. 1Universitat Pompeu Fabra, Ramon Trias Fargas 25-27, 08005 Barcelona. Tel.: +34 935 422 509. E-mail: [email protected] 2[Corresponding Author] Autonomous U. Barcelona (UAB), Bellaterra Campus, 08193, Barcelona. Tel.: Phone: +34 935 868 493 E-mail: [email protected] 3Universitat Pompeu Fabra, Ramon Trias Fargas 25-27, 08005 Barcelona. Tel.: +34 931 696 501. E-mail: [email protected] Abstract We model the behaviour of a mortgagor considering to evade the real estate transfer tax. We build an observable measure of over-appraisal that is in- versely related with tax evasion and conclude that the tax authority could focus auditing efforts on low-appraisal transactions. We include `behavi- oural' components (shame and stigma) allowing to introduce buyers' and societal characteristics that explain individual and idiosyncratic variations. -
Tanzania the Panama Papers in Africa
Tanzania The Panama Papers in Africa: Tax Avoidance, Money Laundering or Illicit Financial Flows? Olwethu Majola-Kinyunyu LLB, LLM PhD Candidate, Centre of Criminology, University of Cape Town, Cape Town, South Africa Email: [email protected] Abstract Early in 2016 the international community was shaken by the news of the biggest data leak in history. Political figures, prominent business people, sportstars and even criminals were the topic of discussion in news outlets across the globe. Following the release of the Panama Papers, many called for the leaders who were implicated to resign from their positions and for business executives to be investigated. There were reports of offshore accounts and companies operating in tax havens and accusations of money laundering, terrorism financing and tax avoidance. What do the Panama Papers mean for Africa? This paper assesses the effects of the Panama Papers on the African continent and evaluates whether the responses by African states are sufficient. What are the Panama Papers? tax haven jurisdictions in the facilitation of tax evasion, money laundering, organised crime, illicit The ?Panama Papers? is the colloquial term referring to the leak of client documents belonging to financial flows and other issues of grave concern to Panama-based law firm Mossack Fonseca. Details of the the international community. Panama documents were leaked by German newspaper, The Legality of Offshore Accounts and Companies in Süddeutsche Zeitung, in conjunction with the African Jurisdictions International Consortium of Investigative Journalists Holding ownership of a shell company or an offshore (ICIJ), consisting of over 100 media partners in 82 account, in most cases, is not unlawful. -
MECHANISM for the REVIEW of IMPLEMENTATION Governmental
Please fill the form typed (not handwritten) and send it back in WORD format. This form can be downloaded at http://www.unodc.org/unodc/en/treaties/CAC/IRG.html MECHANISM FOR THE REVIEW OF IMPLEMENTATION Name of Country: Governmental Expert DATE: INDIA 1. Family name(s) 2. First name(s) 3. Present nationality(ies) 4. Gender KUMAR SANTOSH INDIAN MALE 5. PRESENT POSITION From To Exact title of your post : Month/Year Month/Year Additional Director of Income Tax (Investigation), Unit-6, New Delhi 11/16 Till Date Name of employer : Income Tax Department, Ministry of Finance, Government of India BRIEF DESCRIPTION OF YOUR DUTIES (max. 1500 characters) My present duties include supervision and monitoring of investigation into large scale/serious tax evasion cases which include cases involving undisclosed foreign assets /income and undisclosed domestic assets/income, inter alia, using multi-layered complex structures. The multi-layered complex structures include combination of various types of entities such as companies, trusts, foundations, etc. established in multiple foreign jurisdictions or numerous layers of domestic shell/paper companies. Investigation of such cases involves use of various investigation and intelligence techniques, following the money/ found trail, extensive use of legal instruments for exchange of information with relevant foreign jurisdictions such as Double Taxation Avoidance Agreements (DTAAs), Tax information Exchange Agreements (TIEAs), Mutual Legal Assistance Treaties (MLATs)/Mutual legal Assistance in Criminal Matters, etc. Further, taking into consideration the emerging methods of doing business, record keeping and hiding electronic data/information, examination of digital evidence and digital forensic examination have become an extremely important aspect of such investigations. -
Recovering from Childhood Abuse
Recovering from Childhood Abuse Sarah Kelly and Jonathan Bird This book is written by survivors for all survivors who experienced any form of abuse or neglect in childhood and for those who provide support. 2014 Copyright © NAPAC 2014 1 Dedication To all the brave survivors and their supporters who have helped us learn what works in recovering from childhood abuse. In memory of those people who could not find the support they needed to survive as adults and tragically took their own lives. All happy families are alike; each unhappy family is unhappy in its own way. Leo Tolstoy, Anna Karenina People are not disturbed by things, but by the view they take of them. Epictetus, first century AD Thanks to BIG Lottery and all our other generous funders and donors who have made NAPAC’s work and this book possible. Grateful thanks also go to Peter Saunders, Helen Munt, Julie Brock, Kathryn Livingston and Melanie Goodwin of First Person Plural, and Tracey Storey of Irwin Mitchell, who have all contributed to the writing of this book. Proof reading and layout were kindly donated by James Badenoch QC, Ann Watkins and Katie John, and our thanks go to them for their time and efforts. Copyright © NAPAC 2014 2 Contents Page About the authors 4 Foreword – Tim Lambert 5 Introduction 6 Chapter 1: What is abuse? 9 Chapter 2: Maladaptive coping strategies 25 Chapter 3: Mental health 32 Chapter 4: Dissociative spectrum – Katherine and Melanie of FPP 41 Chapter 5: Impacts 49 Chapter 6: Therapy and appropriate coping mechanisms 56 Chapter 7: Transfer of responsibility 67 Chapter 8: How to disclose and how to hear disclosure 80 Chapter 9: The legal process – Tracey Storey, solicitor, Irwin Mitchell 86 Conclusions 96 Bibliography 98 Useful contacts 99 Copyright © NAPAC 2014 3 About the authors Sarah Kelly is a survivor of childhood emotional and sexual abuse. -
Chapter VI: Long Term Capital Gain on Penny Stocks
Report No. 11 of 2020 (Direct Taxes) Chapter VI: Long Term Capital Gain on Penn y Stocks 6.1 Introduction Penny stocks 95 are stocks, listed on stock exchange that trade at a very low price, have very low market capitalization, are mostly illiquid. These stocks are very speculative in nature and are considered highly risky because of lack of liquidity, smaller number of shareholders and limited disclosure of information. For making available information related to Penny Stock to the Assessing Officers (AOs), the Income Tax Department (ITD) has added a new button ‘Penny Stock’ on Individual Transaction Screen (ITS) in Income Tax Application Systems to display information related to penny stock96 . Further, the Systems Directorate has uploaded details of assessees who have made transactions in such penny stock 97 . The ITD has issued a standard operating procedure (SOP) dated 21 st November 2016 detailing various aspects, the AO is expected to consider inter alia, during scrutiny of a particular case. As per Finance Bill 2017, it has been noticed that exemption provided under section 10(38) 98 of the Income Tax Act, 1961 (the ‘Act’) is being misused by certain persons for declaring their unaccounted income as exempt Long-Term Capital Gains (LTCG) by entering into sham transactions. 6.2 Background The Directorate of Income Tax (Investigation), Kolkata had investigated the Accommodation Entry Operators 99 within their jurisdiction i.e. Kolkata and had identified 84 BSE listed penny stocks and conducted number of search and surveys in the office premises of more than 32 share broking entities. The entities accepted that they were actively involved in the bogus LTCG.