Tax Structure and Revenue-Raising Capacity in Spain
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Chapter 5 Foreign Tax Credit P.302 Structural Tax Options for an Outbound U.S
Chapter 5 Foreign Tax Credit p.302 Structural tax options for an outbound U.S. enterprise in (1) foreign destination country and (2) any conduit country: 1) Branch (e.g., a disregarded entity) - current U.S. income taxation on profits & loss deduction availability in the U.S. 2) Foreign corporate subsidiary - income tax deferral of U.S. income tax & no possible U.S. loss utilization Is the entity decision controlled by (1) tax planning or (2) non-tax business considerations? 4/9/2013 (c) William P. Streng 1 Mitigating Possible Double National Level Taxation Possible double taxation exposure exists (1) since the U.S. income tax is imposed on a worldwide basis & (2) assuming foreign country income tax. Options for unilateral relief (as provided by U.S.): 1) a tax deduction for the foreign tax paid (not completely eliminating double taxation) 2) a (limited) credit for the foreign tax paid (primarily used by U.S.); limited to offsetting U.S. tax on taxpayer’s foreign income. 3) exemption under a territorial system (only 4/9/2013source country taxation)(c) William P. Strengand not in U.S. 2 Bilateral (i.e., Income Tax Treaty) Relief p.306 Double tax relief accomplished under a U.S. bilateral income tax treaty. See U.S. Model, Article 23 (2006). - possible shifting of the primary income tax liability from source location to residence jurisdiction. - but, a U.S. income tax treaty does include a “savings clause” - enabling the continuing worldwide tax jurisdiction of U.S. citizens, residents or corporations. 4/9/2013 (c) William P. -
Complexity, Compliance Costs and Non-Compliance with VAT by Small and Medium Enterprises (Smes) in Bangladesh: Is There a Relationship?
Complexity, Compliance Costs and Non-Compliance with VAT by Small and Medium Enterprises (SMEs) in Bangladesh: Is there a Relationship? Author Faridy, Nahida Published 2016 Thesis Type Thesis (PhD Doctorate) School Griffith Business School DOI https://doi.org/10.25904/1912/1553 Copyright Statement The author owns the copyright in this thesis, unless stated otherwise. Downloaded from http://hdl.handle.net/10072/367891 Griffith Research Online https://research-repository.griffith.edu.au Complexity, Compliance Costs and Non-Compliance with VAT by Small and Medium Enterprises (SMEs) in Bangladesh: Is there a Relationship? Nahida Faridy Bachelor in Economics (Hons), Dhaka University Masters in Economics, Dhaka University Masters in Taxation Policy and Management, Keio University Department of Accounting, Finance and Economics Griffith Business School Griffith University Submitted in Fulfilment of the Requirements of the Degree of Doctor of Philosophy September 2015 Abstract The Value Added Tax (VAT), which has existed for 24 years in Bangladesh, has contributed some 37% on average to total tax revenue over the last 15 years (Saleheen, 2012; National Board of Revenue, 2014). Although, the introduction of a VAT has increased tax revenues and expanded the tax base in Bangladesh, many small and medium enterprise (SME) taxpayers do not comply with the VAT legislation, not only failing to register with the tax authorities as taxpayers but also failing to pay the VAT (Faridy et al., 2014; The Centre for Policy Dialogue, 2014). This non-compliance by SMEs could be intentional or unintentional (NBR, 2011; McKerchar, 2003). Also it may be due to excessive compliance costs (Abdul-Jabbar & Pope, 2009; Governance Institutes Network International, 2014), which could be a result of real or perceived legislative or administrative complexity (Yesegat, 2009), to inefficient VAT administration (Barbone et al., 2012), or to other factors. -
Fixing the Constitutional Absurdity of the Apportionment of Direct Tax Calvin H
University of Minnesota Law School Scholarship Repository Constitutional Commentary 2004 Fixing the Constitutional Absurdity of the Apportionment of Direct Tax Calvin H. Johnson Follow this and additional works at: https://scholarship.law.umn.edu/concomm Part of the Law Commons Recommended Citation Johnson, Calvin H., "Fixing the Constitutional Absurdity of the Apportionment of Direct Tax" (2004). Constitutional Commentary. 103. https://scholarship.law.umn.edu/concomm/103 This Article is brought to you for free and open access by the University of Minnesota Law School. It has been accepted for inclusion in Constitutional Commentary collection by an authorized administrator of the Scholarship Repository. For more information, please contact [email protected]. Articles FIXING THE CONSTITUTIONAL ABSURDITY OF THE APPORTIONMENT OF DIRECT TAX Calvin H. Johnson* The Constitution requires that direct taxes be apportioned among the states according to population. 1 Before the abolition * Professor Law, University of Texas. A table of short form citations to fre- quently cited documentary sources is found in the Appendix. 1. The Constitution of the United States provides: Representatives and direct Taxes shall be apportioned among the several States ... according to their respective Numbers, which shall be determined by adding to the whole Number of free Persons, including those bound to Service for a Term of Years, and excluding Indians not taxed, (but including] three fifths of all other Persons. U.S. CONST. art. I, § 2, cl. 3. The three-fifths of "all other Persons" referred to slaves, but the Thirteenth Amendment abolished slavery. See also U.S. CONST. art. 1, § 9, cl. 4 (providing that "[n]o Capitation, or other direct, Tax shall be laid, unless in Proportion to the Census or Enumeration herein before di rected to be taken"). -
Tax Benefits of Spanish Holding Companies.Pdf
MARCH 2014 JONES DAY COMMENTARY TAX BENEFITS OF SPANISH HOLDING COMPANIES On January 1, 1996, a special regime governing CORPORATE TAXATION IN SPAIN Spanish holding companies came into force. This Corporate Tax Rates. Limited and limited liability regime provides an efficient mechanism to struc- companies that (i) have been incorporated in Spain, ture multinational groups with investments in Latin (ii) have their legal headquarters/registered offices America, since Spain has the most extensive network in Spain, or (iii) have their place of effective manage- of tax treaties with countries in Latin America. ment located in Spain are considered resident in Spain for corporate tax purposes. The general corpo- The effectiveness of this tax regime, which is known rate tax rate is currently 30 percent. in Spanish legislation as “Entidades de Tenencia de Valores Extranjeros” (“ETVE”), is based on Dividends Received and Capital Gains. A Spanish the following: ETVE shall not include in its taxable income any capital gains and dividends obtained from nonresi- • ETVEs may carry out other business activities in dent entities, as long as the following requirements addition to those of a pure holding nature. are met: • ETVEs may be fully exempt from the payment of tax on dividends and capital gains obtained from The nonresident company carries out business activi- their shareholding in nonresident companies. ties, i.e., it is not inactive and has paid in its country of • The shares of ETVEs must be nominative so that residence a tax similar or identical to Spanish corpo- the shareholders are easily identifiable at all times. rate income tax. -
More Than 50 Years of Trade Rule Discrimination on Taxation: How Trade with China Is Affected
MORE THAN 50 YEARS OF TRADE RULE DISCRIMINATION ON TAXATION: HOW TRADE WITH CHINA IS AFFECTED Trade Lawyers Advisory Group Terence P. Stewart, Esq. Eric P. Salonen, Esq. Patrick J. McDonough, Esq. Stewart and Stewart August 2007 Copyright © 2007 by The Trade Lawyers Advisory Group LLC This project is funded by a grant from the U.S. Small Business Administration (SBA). SBA’s funding should not be construed as an endorsement of any products, opinions or services. All SBA-funded projects are extended to the public on a nondiscriminatory basis. MORE THAN 50 YEARS OF TRADE RULE DISCRIMINATION ON TAXATION: HOW TRADE WITH CHINA IS AFFECTED TABLE OF CONTENTS PAGE EXECUTIVE SUMMARY.............................................................................................. iv INTRODUCTION ................................................................................................................ 1 I. U.S. EXPORTERS AND PRODUCERS ARE COMPETITIVELY DISADVANTAGED BY THE DIFFERENTIAL TREATMENT OF DIRECT AND INDIRECT TAXES IN INTERNATIONAL TRADE .............................................. 2 II. HISTORICAL BACKGROUND TO THE DIFFERENTIAL TREATMENT OF INDIRECT AND DIRECT TAXES IN INTERNATIONAL TRADE WITH RESPECT TO BORDER ADJUSTABILITY................................................................. 21 A. Border Adjustability of Taxes ................................................................. 21 B. 18th and 19th Century Examples of the Application of Border Tax Adjustments ......................................................................... -
Tax Tables for Spain 2021
SPENCE CLARKE TAX GUIDES TAX TABLES FOR SPAIN 2021 Introduction and Overview and deposit interest, dividends, investment savings and retirement annuity schemes In this guide, we provide information concerning the State tax system with an indica- and all capital gains. tion of the regional variations for Andalucia, Madrid, Cataluña, Balearics, Valencia and Tax rates for general income – Add together the state and the ACs tax rates (we show Murcia, these regions being the most relevant to foreigners in Spain. in this summary the most significant ACs tax tables): The 17 Autonomous Communities (ACs) share in the tax revenues and now have tax STATE tax rates for general income legislative powers. Inevitably, each AC has made changes to the State tax system and From To Tax Rate so there are significant regional variations to many taxes in Spain. 0,00 12,450.00 9.50% Thankfully, in the main, the basic structure of the different taxes remains consistent 12,450.00 20,200.00 12.00% throughout Spain and the ACs follow the standard framework of each tax and just 20,200.00 35,200.00 15.00% make changes to the tax rates, tax bands, allowances and deductions. 35,200.00 60,000.00 18.50% 60,000.00 - 22.50% Regional tax differences can range from purely cosmetic, politically motivated ‘tweaks’, to being so significant as to cause doubt as to the constitutional legitimacy of the tax Andalucia tax rates for general income Balearics tax rates for general income system that is meant to be proportionate and fair throughout Spain. -
Tax Policy of Estonia in the Framework of the EU Integration
Tax Policy of Estonia in the framework of the EU Integration Tax Policy of Estonia in the framework of the EU Integration Thesis to obtain the degree of Doctor from the Erasmus University Rotterdam by command of the Rector Magnificus Prof. dr S.W.F. Lambert and according to the decision of the Doctorate Board The public defence shall be held on Thursday 29 September 2005 at 13:30 hrs by Aiki Kuldkepp Doctoral Committee Promotors: Prof. mr. drs. H.P.A.M. van Arendonk and Prof. dr. M.P. van der Hoek Other members: Prof. dr. A.Purju Prof. dr. H.A. Kogels Prof. mr. M.J.W.M. Ellis Table of contents Introduction ..............................................................................................................................1 Some historical facts about Estonian accession to the EU.............................................................1 Objectives of the research ..............................................................................................................2 Outline of the research ...................................................................................................................2 1 Tax policy of Estonia..........................................................................................5 1.1 Overview of Estonian tax policy since 1990........................................................5 1.1.1 Introduction of tax system after regaining independence.....................................5 1.1.2 Introduction of flat rate income tax......................................................................5 -
Reconsidering the Taxation of Foreign Income James R
University of Michigan Law School University of Michigan Law School Scholarship Repository Articles Faculty Scholarship 2009 Reconsidering the Taxation of Foreign Income James R. Hines Jr. University of Michigan Law School, [email protected] Available at: https://repository.law.umich.edu/articles/199 Follow this and additional works at: https://repository.law.umich.edu/articles Part of the Taxation-Transnational Commons, and the Tax Law Commons Recommended Citation Hines, James R., Jr. "Reconsidering the Taxation of Foreign Income." Tax L. Rev. 62, no. 2 (2009): 269-98. This Article is brought to you for free and open access by the Faculty Scholarship at University of Michigan Law School Scholarship Repository. It has been accepted for inclusion in Articles by an authorized administrator of University of Michigan Law School Scholarship Repository. For more information, please contact [email protected]. Reconsidering the Taxation of Foreign Income JAMES R. HINES JR.* I. INTRODUCTION A policy of taxing worldwide income on a residence basis holds enormous intuitive appeal, since if income is to be taxed, it would seem to follow that the income tax should be broadly and uniformly applied regardless of the source of income. Whether or not worldwide income taxation is in fact a desirable policy requires analysis ex- tending well beyond the first pass of intuition, however, since the con- sequences of worldwide taxation reflect international economic considerations that incorporate the actions of foreign governments and taxpayers. Once these actions are properly accounted for, world- wide taxation starts to look considerably less attractive. Viewed through a modern lens, worldwide income taxation by a country such as the United States has the effect of reducing the incomes of Ameri- cans and the economic welfare of the world as a whole, prompting the question of why the United States, or any other country, would ever want to maintain such a tax regime. -
WT/CTE/W/47 2 May 1997 ORGANIZATION (97-1913)
RESTRICTED WORLD TRADE WT/CTE/W/47 2 May 1997 ORGANIZATION (97-1913) Committee on Trade and Environment TAXES AND CHARGES FOR ENVIRONMENTAL PURPOSES - BORDER TAX ADJUSTMENT Note by the Secretariat I. INTRODUCTION The following Note has been prepared by the Secretariat on request by the Committee on Trade and Environment. It is organized in three parts: (a) a brief presentation of various policy instruments to address environmental problems; (b) a discussion of the wider economic and trade implications of eco-taxes and -charges; and (c) an overview of WTO provisions and dispute settlement practice pertaining to the application of domestic taxes and charges to traded goods. II. CURRENT USE OF ENVIRONMENT-RELATED TAXES AND CHARGES A. General features 1. Environmental policies in many countries continue to shift from relying predominantly on remedial actions to controlling pollution and other environmental effects. There is an increasing focus on correcting the causes underlying environmental problems and preventing over-intensive resource use, rather than on curing symptoms. The causes are often associated with the failure of market prices to correctly reflect environmental scarcities and/or social values.1 2. While governments may use a wide array of measures to pursue public policy objectives, including environmental goals, two principle approaches can be distinguished: command-and control measures such as prohibitions or quantitative controls on the one hand, and price-based instruments such as tariffs, taxes or subsidies on the other. In practice, both approaches may be combined. Quantitative limits may be employed, for example, to circumscribe maximum permissible levels of an activity, e.g. -
Assessment Solutions: Direct and Indirect Taxes
Assessment Solutions Theme 4: What Is Taxed and Why Lesson 4: Direct and Indirect Taxes Part 1 Match the descriptions to their correct key terms. Write the letters of the correct key terms on the lines provided. Answer Key: A. sales tax B. business C. individual D. direct E. indirect C 1. Personal income tax is paid by this type of income earner D 2. A tax which cannot be shifted B 3. To recover an increase in its taxes, this type of taxpayer may increase its prices to its customers E 4. A tax which can be passed on to another A 5. Stores often pass along the cost of this type of state and local tax Part 2 Indicate whether each of the statements below is True or False. Write true if the statement is true. Write false if the statement is false. Write your answers in the space provided. 1. A direct tax cannot be shifted to another. True 2. Individual income tax is an example of a direct tax. True 3. To recover business taxes, an owner cannot pass along the charges. False Understanding Taxes 1 4. Consumers often pay some or all business taxes when they purchase goods and services. True 5. Ultimately, only a business owner pays the cost of business property tax. False Part 3 Classify each tax below as either Direct or Indirect. Write the letter of the correct choice in the space provided. B 1. Sales tax A. direct tax B. indirect tax A 2. Personal income tax A. direct tax B. -
Direct Versus Indirect Taxation: Trends, Theory and Economic Significance
International Studies Program Working Paper 09-11 (updated) November 2009 Direct versus Indirect Taxation: Trends, Theory and Economic Significance Jorge Martinez-Vazquez Violeta Vulovic Yongzheng Liu International Studies Program Working Paper 09-11 (updated) Direct versus Indirect Taxation: Trends, Theory and Economic Significance Jorge Martinez-Vazquez Violeta Vulovic Yongzheng Liu November 2009 International Studies Program Andrew Young School of Policy Studies Georgia State University Atlanta, Georgia 30303 United States of America Phone: (404) 651-1144 Fax: (404) 651-4449 Email: [email protected] Internet: http://isp-aysps.gsu.edu Copyright 2006, the Andrew Young School of Policy Studies, Georgia State University. No part of the material protected by this copyright notice may be reproduced or utilized in any form or by any means without prior written permission from the copyright owner. International Studies Program Andrew Young School of Policy Studies The Andrew Young School of Policy Studies was established at Georgia State University with the objective of promoting excellence in the design, implementation, and evaluation of public policy. In addition to two academic departments (economics and public administration), the Andrew Young School houses seven leading research centers and policy programs, including the International Studies Program. The mission of the International Studies Program is to provide academic and professional training, applied research, and technical assistance in support of sound public policy and sustainable economic growth in developing and transitional economies. The International Studies Program at the Andrew Young School of Policy Studies is recognized worldwide for its efforts in support of economic and public policy reforms through technical assistance and training around the world. -
Foreign Direct Investment in a World of Multiple Taxes
Foreign Direct Investment in a World of Multiple Taxes by Mihir A. Desai Harvard University and NBER James R. Hines Jr. University of Michigan and NBER July 2001 We thank Yuming Zou for excellent research assistance, and Steve Bond, Mark Robson, and participants at the World Tax Competition Conference for helpful comments. Financial support from the Lois and Bruce Zenkel Research Fund at the University of Michigan and the Division of Research at Harvard Business School is gratefully acknowledged. Foreign Direct Investment in a World of Multiple Taxes ABSTRACT While governments have multiple tax instruments available to them, studies of the effect of tax policy on the locational decisions of multinationals typically focus exclusively on host country corporate income tax rates and their interaction with home country tax rules. This paper examines the impact of indirect (non-income) taxes on the location and character of foreign direct investment by American multinational firms. Indirect tax burdens significantly exceed foreign income tax obligations for these firms and appear to influence strongly their behavior. The influence of indirect taxes is shown to be partly attributable to the inability of American investors to claim foreign tax credits for indirect tax payments. Estimates imply that 10 percent higher indirect tax rates are associated with 9.2 percent lower reported income of American affiliates and 8.6 percent lower capital/labor ratios. These estimates carry implications for efficient tradeoffs between direct and indirect taxation in raising revenue while attracting mobile capital. JEL Classification: H87, H25, F23. Mihir A. Desai James R. Hines Jr. Harvard Business School Office of Tax Policy Research Morgan 363 University of Michigan Business School Soldiers Field 701 Tappan Street Boston, MA 02163 Ann Arbor, MI 48109-1234 [email protected] [email protected] 1.