Sustainable Public Finance: Double Neutrality Instead of Double Dividend
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Profit Taxation in Germany
Profit Taxation in Germany A brief introduction for corporate investors as of April 2013 Profit Taxation in Germany Imprint Publisher: Luther Rechtsanwaltsgesellschaft mbH Anna-Schneider-Steig 22, 50678 Cologne, Germany Telephone +49 221 9937 0, Facsimile +49 221 9937 110 [email protected] Editor: Nicole Fröhlich, Telephone +49 69 27229 24830 [email protected] Art Direction: VISCHER&BERNET GmbH Agentur für Marketing und Werbung, Mittelstraße 11 / 1 70180 Stuttgart, Telefon +49 711 23960 0, Telefax +49 711 23960 49, [email protected] Copyright: These texts are protected by copyright. You may make use of the information contained herein with our written consent, if you do so accurately and cite us as the source. Please contact the editors in this regard. Disclaimer Although every effort has been made to offer current and correct information, this publication has been prepared to give general guidance only. It cannot substitute individual legal and/or tax advice. This publication is distributed with the understanding that Luther, the editors and authors cannot be held responsible for the results of any actions taken on the basis of information contained herein or omitted, nor for any errors or omissions in this regard. 2 Contents 6. Loss utilization 6.1. Minimum Taxation 1. Tax rates 6.2. Anti-loss trafficking rules (“change-of-ownership rules”) 1.1. German-based corporations 6.3. No Restructuring Escape 1.2. Partnerships 6.4. Intra-Group Escape 1.3. Branches 6.5. Hidden Reserve-Escape page 4 pages 10 & 11 2. Taxable income 7. Tax neutral reorganisations pages 4 & 5 page 12 3. -
Mass Taxation and State-Society Relations in East Africa
Chapter 5. Mass taxation and state-society relations in East Africa Odd-Helge Fjeldstad and Ole Therkildsen* Chapter 5 (pp. 114 – 134) in Deborah Braütigam, Odd-Helge Fjeldstad & Mick Moore eds. (2008). Taxation and state building in developing countries. Cambridge: Cambridge University Press. http://www.cambridge.org/no/academic/subjects/politics-international-relations/comparative- politics/taxation-and-state-building-developing-countries-capacity-and-consent?format=HB Introduction In East Africa, as in many other agrarian societies in the recent past, most people experience direct taxation mainly in the form of poll taxes levied by local governments. Poll taxes vary in detail, but characteristically are levied on every adult male at the same rate, with little or no adjustment for differences in individual incomes or circumstances. In East Africa and elsewhere in sub-Saharan Africa, poll taxes have been the dominant source of revenue for local governments, although their financial importance has tended to diminish over time. They have their origins in the colonial era, where at first they were effectively an alternative to forced labour. Poll taxes have been a source of tension and conflict between state authorities and rural people from the colonial period until today, and a catalyst for many rural rebellions. This chapter has two main purposes. The first, pursued through a history of poll taxes in Tanzania and Uganda, is to explain how they have affected state-society relations and why it has taken so long to abolish them. The broad point here is that, insofar as poll taxes have contributed to democratisation, this is not through revenue bargaining, in which the state provides representation for taxpayers in exchange for tax revenues (Levi 1988; Tilly 1990; Moore 1998; and Moore in this volume). -
4. Land Taxation in Germany1
4. Land taxation in Germany1 1. The basic framework of the German land tax a. Legal basis The legal basis of the German land tax is the federal land tax law (Grundsteuergesetz) of August 7th, 1973 (BGBL I, p. 965) and subsequent modifications. The tax code is uniform across the Federation although the tax is a municipal tax.2 Municipalities are however entitled to “leverage” the land tax (see below for explanation), they collect the tax, and they appropriate its full proceeds. The administration of the tax is split between the State (for assessing the rateable value of the property and determining the appropriate “base rates” according to federal legislation) and the municipality (for applying a municipal leverage ratio as determined by the local council, and for collecting tax revenue). If a property extends over the territory of more than one municipality, the tax base is apportioned appropriately. The object of the land tax is domestic land and buildings, including agricultural land and forests. Exemptions exist for public land (such as parks, cemeteries), land and buildings of public authorities, of the federal railways, of churches, hospitals, scientific and educational institutions, military compounds, and municipal corporations. The owner/beneficiary of the property is liable to pay the tax. The tax refers only to the nature and value of land. Personal circumstances of the owner/beneficiary are totally disregarded. b. Tax base and rates The German tax law is peculiar in that a “standard tax” (Steuermessbetrag) is determined by the State tax administration on uniform rules for all municipalities. This standard tax is obtained by multiplying the “rateable value” (Einheitswert) with a “base rate” (Steuermesszahl). -
Country Profile Germany 2015
Germany Country Profile EU Tax Centre July 2015 Key tax factors for efficient cross-border business and investment involving Germany EU Member State Yes Double Tax Treaties With: Albania Ecuador Kenya New Zealand Thailand Algeria Egypt Rep. of Korea Norway Trinidad & Argentina Estonia Kosovo(b) Oman(d) Tobago Armenia(a) Finland Kuwait Pakistan Tunisia Australia France Kyrgyzstan Philippines Turkey Austria Georgia Latvia Poland Turkmenistan(a) Azerbaijan Ghana Liberia Portugal UK Bangladesh Greece Liechtenstein Romania Ukraine Belarus Hungary Lithuania Russia United Arab Belgium Iceland Luxembourg Serbia(b) Emirates Bolivia India Macedonia Singapore Uruguay Bosnia & Indonesia Malaysia Slovakia US Herzegovina(b) Iran Malta Slovenia Uzbekistan Bulgaria Rep. of Mauritius South Africa Venezuela Canada Ireland Mexico Spain Vietnam China(c) Israel Moldova(a) Sri Lanka Zambia Costa Rica Italy Mongolia Sweden Zimbabwe Croatia Ivory Coast Montenegro(b) Switzerland Cyprus Jamaica Morocco Syria Czech Rep. Japan Namibia Taiwan Denmark Kazakhstan Netherlands Tajikistan Notes: (a) Application of the Treaty concluded between Germany and former USSR. (b) Application of the Treaty concluded between Germany and former Yugoslavia. (c) Treaty with China is not applicable to Hong Kong and Macau. (d) Treaty signed, but not yet in force. Forms of doing Stock corporation (AG) business limited company (GmbH) limited partnership with a limited company as general partner (GmbH & Co. KG) limited partnership (KG) © 2015 KPMG International Cooperative (“KPMG International”). KPMG International provides no client services and is a Swiss entity with which the independent member firms of the KPMG network are affiliated. 1 General partnership (OHG) Societas Europae (SE) Legal entity capital AG: EUR 50,000 requirements GmbH: EUR 25,000 SE: EUR 120,000 Residence and tax A corporate entity is resident in Germany for tax purposes if either its place of system incorporation (registered seat) or its place of central management is in Germany. -
Financing COVID-19 Costs in Germany: Is a Wealth Tax a Sensible Approach?
International Background Paper Wealth Tax Commission Financing COVID-19 costs in Germany: is a wealth tax a sensible approach? Author Ruben Rehr FINANCING COVID-19 COSTS IN GERMANY – IS A WEALTH TAX A SENSIBLE APPROACH? Ruben Rehr, Bucerius Law School, Germany Wealth Tax Commission Background Paper no. 131 Published by the Wealth Tax Commission www.ukwealth.tax Acknowledgements The Wealth Tax Commission acknowledges funding from the Economic and Social Research Council (ESRC) through the CAGE at Warwick (ES/L011719/1) and a COVID-19 Rapid Response Grant (ES/V012657/1), and a grant from Atlantic Fellows for Social and Economic Equity's COVID-19 Rapid Response Fund. 2 1. Introduction In these trying times, the German economy suffers from lockdowns and restrictions necessary due to the COVID-19 crisis. Much of that bill is footed by the taxpayer through a stimulus package worth 170 billion euros, enacted by the federal Government to combat recession.1 It is likely that such government spending will at some point in the future require higher tax revenue. The Social Democrats2 (SPD) and the Socialists3 (Die Linke) have used this opportunity to revive the idea of taxing wealth. Reintroducing a wealth tax is an election campaign evergreen. It might be because the wealth tax is automatically understood as only taxing the rich.4 Estimates assume that only 0.17%5 to 0.2%6 of taxpayers would be subjected to such a wealth tax and it appears that taxes paid by others enjoy popularity amongst the electorate. Currently the Social Democrats,7 the Greens,8 and the Socialists9 support its reintroduction. -
Understanding German Double Taxation Agreements
2.2.2019 double_taxation.html Understanding German Double Taxation Agreements Let’s be honest, taxes are never a fun topic. Even the word “taxes” can cause panic! They’re even less fun if you’re getting hit with the extra paperwork that comes with international finances. Now that it’s easier to live and work across the globe, there are more situations where income is earned in different countries, such as: social security, unemployment or retirement payments salary or work compensation from cross-border employment – especially when you’ve recently moved between countries or live in a different country from where you work (commuters, self-employed persons) profits from running an international company – if it has a permanent office or shop abroad alimony, inheritance or gifts dividends from shareholding or interest on investments rental payments or profits from selling property If you live in Germany, you are legally obligated to report and pay taxes on your worldwide income. Things can get pretty complicated if you’re an expat in Germany, trying to figure out how to file taxes. The thing is, you’re probably already paying taxes on the income in the country where it originated. I bet you want to avoid double taxation in Germany on the money you’ve rightfully earned! Luckily there are international rules that govern the way most cross- border income and taxes should be handled. Don’t know what rules to avoid double taxation Germany has? I’ll explain the basics about how you can benefit from tax relief schemes through the double taxation agreements that Germany has negotiated with many countries. -
Germany Country Profile
Germany Country Profile EU Tax Centre July 2016 Key tax factors for efficient cross-border business and investment involving Germany EU Member State Yes Double Tax Treaties With: Albania Czech Rep. Jamaica Japan Namibia Thailand Algeria Denmark Jersey Netherlands Trinidad & Argentina Ecuador Kazakhstan New Zealand Tobago Armenia Egypt Estonia Kenya Norway Tunisia Australia Finland Rep. of Korea Pakistan Turkey Austria France Kosovo Kuwait Philippines Turkmenistan Azerbaijan Georgia Kyrgyzstan Poland UK Bangladesh Ghana Latvia Portugal Ukraine Belarus Greece Liberia Romania United Arab Belgium Hungary Liechtenstein Russia Serbia Emirates Bolivia Iceland Lithuania Singapore Uruguay India Luxembourg Slovakia Bosnia & Slovenia US Herzegovina Indonesia Macedonia Uzbekistan South Africa Bulgaria Iran Malaysia Malta Venezuela Rep. of Mauritius Spain Sri Canada Lanka Vietnam China(a) Ireland Mexico Zambia Moldova Sweden Costa Rica Israel Switzerland Zimbabwe. Croatia Italy Mongolia Montenegro Syria Taiwan Cyprus Ivory Coast Morocco Tajikistan Notes: (a) Treaty with China is not applicable to Hong Kong and Macau. Forms of doing Stock corporation (AG) business Limited company (GmbH) Limited partnership with a limited company as general partner (GmbH & Co. KG) Limited partnership (KG) General partnership (OHG) Societas Europae (SE) © 2016 KPMG International Cooperative (“KPMG International”). KPMG International provides no client services and is a Sw iss entity w ith w hich the independent member firms of the KPMG netw ork are affiliated. 1 Legal entity capital AG: EUR 50,000 requirements GmbH: EUR 25,000 SE: EUR 120,000 Residence and tax A corporate entity is resident in Germany for tax purposes if either its place of system incorporation (registered seat) or its place of central management is in Germany. -
Preparing for Land Value Taxation in Britain Stage 2
Mega urban transport projects and land-value capture: a ‘solution’ to infrastructure funding and investment in the UK “Let the Beneficiaries Pay” Dr Tony Vickers [email protected] Professional Land Reform Group www.plrg.org Why me? ‘map man’ “Visualising Landvaluescape: developing the concept for Britain” – PhD thesis, now available at www.landvaluescape.org under “Recent Papers” Professional Land Reform Group – formed by Vice Chair Transport for London David C Lincoln Fellow of Land Value Taxation 2000-2003 www.lincoln.edu Adviser to Liberal Democrat Party + local councillor / lead member on planning 2013 Global Report on Human Settlements (Sustainable Urban Transport) assisted Harry Dimitriou with chapters on Spatial Planning & Governance + Institutions Mission Professional Land Reform Group “To debate and develop ideas and policies on land use and tax reform, among professionals of all kinds, in order to promote land value capture to finance infrastructure and the fair and efficient use of all natural resources on a sustainable basis.” Four Processes – and a policy How land value arises. How land information is made available How regional and local government finance policy has evolved How funding decisions about major infra projects are made An economically efficient and fair way to finance major infrastructure How does Land Value arise? A ‘positive externality’ of the actions of labour & capital on land. Pigou (1920): environmental taxes are “the way to incorporate externalities into market prices” “The Economics of Welfare” Every ‘where’ decision can cause land value changes Value ‘overspill’ (windfall gain) recycled by a ‘Location Benefit Levy’ What happens with new public infrastructure Immediate value transfer to site owners (over wide area) when decision to invest is announced Short-term blight affects property occupiers and transport users Secondary investment decisions Further value uplift over long term Complex network effects (esp. -
The Triumph of Injustice (W.W
The Triumph of Injustice (W.W. Norton) TaxJusticeNow.org Emmanuel Saez Gabriel Zucman Three main novelties: . How much each social social group pays in taxes, from early 20th century to today . Elements for a new 21st century tax system, reconciling globalization and progressive taxation . Tools for a democratic fiscal debate TaxJusticeNow.org Structure of the book . Forensic analysis of how much each social group pays in taxes in 2018, post-Trump reform (Chapter 1) . How the US went from having one the world's most progressive tax system to one where billionaires pay less than their secretaries (Chapters 2{5) . Our proposed tax reform (Chapters 6{9) All figures, data, computer code, and technical background papers available at TaxJusticeNow.org The rise of income inequality in the United States Share of pre-tax national income 20% Top 1% 18% 16% 14% Bottom 50% 12% 10% 2002 2006 2010 2014 2018 1978 1982 1986 1990 1994 1998 The US tax system today: A giant flat tax regressive at the top Average tax rates by income group in 2018 45% (% of pre-tax income) 40% 35% 30% Average tax rate: 28% 25% 20% 15% Upper Working class Middle-class middle- The rich 10% (average annual pre-tax ($75,000) class ($1,500,000) 5% income: $18,500) ($220,000) 0% The US flat tax: Composition by type of tax Average tax rates by income group in 2018 45% (% of pre-tax income) 40% 35% Estate tax 30% 25% 20% Individual income taxes 15% Payroll taxes 10% Corporate & property taxes 5% Consumption taxes 0% Adding health insurance premiums (privatized poll tax) to the picture Since 2010, it is mandatory to have health insurance. -
THE MODERN-DAY POLL TAX: How Economic Sanctions Block Access to the Polls
digitalcommons.nyls.edu Faculty Scholarship Articles & Chapters 2007 The oM dern-Day Poll Tax: How Economic Sanctions Block Access to the Polls Erika L. Wood New York Law School Neema Trivedi Follow this and additional works at: http://digitalcommons.nyls.edu/fac_articles_chapters Part of the Civil Rights and Discrimination Commons Recommended Citation Clearinghouse Review, Vol. 41, Issue 1 (May-June 2007), pp. 30-45 This Article is brought to you for free and open access by the Faculty Scholarship at DigitalCommons@NYLS. It has been accepted for inclusion in Articles & Chapters by an authorized administrator of DigitalCommons@NYLS. THE MODERN-DAY POLL TAX: How Economic Sanctions Block Access to the Polls By Erika L. Wood and Neema Trivedi Erika L. Wood [LW]ealth orfee paying has Project Director/Counsel ... no relation to voting Right to Vote Project qualifications; the night Brennan Center for Justice to vote is too precious, too 161 Ave. of the Americas New York, NY 10013 fundamental to be so bur- 212.992,8638 dened or conditioned.' erika.wood@nyu edu ver the past two Neema Trivedi centuries, sev- Former Research Associate, Brennan Center for Justice eral de jure re- strictions on the Ameri- 2233 E, Quiet Canyon Drive Tucson, AZ 85718 can franchise have been 203.507.5575 lifted, expanding suf- neema [email protected] frage to white men without property, African Americans and other racial minori- ties, and women. Yet a large segment of the American public is still barred from the political process because of felony convictions. Forty-eight states and the District of Columbia have laws limiting the voting rights of people who are convicted of felonies, resulting in the disenfranchisement of 5.3 million American citizens.' Nearly four million of those individuals are not in prison, and two million have fully served their 3 felony sentences but are still unable to vote. -
The Poll Tax and Census of Sheep, I549 by M
The Poll Tax and Census of Sheep, I549 By M. W. BERESFORD (Continuedfrom Vol. 1, p. 15) T is in this atmosphere of proposals and estimates that Parliament discussed and approved the Bill which became 2 and 3 Edward VI c. 36. I From a suggestion, the poll tax on sheep became law; the cloth levy was imposed; and instead of rough estimates of the sheep population, the Act set up the machinery to take a census of sheep in every parish, only eleven years later than Thomas Cromwell's attempt to number the parishioners by the recording of baptisms, marriages, and burials. 1 The grant of supply to the King did not take any of the conventional forms. The usual subsidy (or tax on personalty) was not granted, nor the tenth-and-fifteenth (the old, and now conventionalized, local tax). Instead, in view of the danger in which the realm stood, the faithful subjects offered a Relief to be paid annually for the three years following. in view of the close concern which this Relief was to have with sheep, there is a grim irony in the metaphor of sheep and shepherds in the preamble to the Act, akin to the tone in which the Prayer for Landlords in the Edwardian Prayer-Book was to ask that landlords should remember themselves to be "Thy Tenants. ''~ This preamble to the Act for the Relief , in 1549 calls on God to protect "this lytle Realme and us His poore Ser- vants and little flock, takinge to his charge and defence our little Sheparde." The servants were modest about their grants, "besichynge his Grace not to cast his eies uppon the smalness of this our simple present. -
Affirmed by the Oregon Supreme Court
854 September 21, 2017 No. 49 IN THE SUPREME COURT OF THE STATE OF OREGON George WITTEMYER, Petitioner on Review, v. CITY OF PORTLAND, Respondent on Review. (CC 130304234; CA A154844; SC S064205) On review from the Court of Appeals.* Argued and submitted March 6, 2017, at Lewis & Clark Law School, Portland. George Wittemyer, Pro Se, Portland, argued the cause and filed the briefs on behalf of himself as petitioner on review. Denis M. Vannier, Deputy City Attorney, City of Portland, argued the cause and filed the brief on behalf of respondent on review. John A. Bogdanski, Pro Se, Portland, argued the cause and filed the on behalf of himself as amicus curiae. Kristian Roggendorf, Lake Oswego, filed the brief on behalf of amicus curiae Eric Fruits, Ph.D. Sean O’Day, League of Oregon Cities, Salem, filed the brief for amicus curiae League of Oregon Cities. P.K. Runkles-Pearson, Miller Nash Graham & Dunn LLP, Portland, filed the brief on behalf of amicus curiae Portland Public School District. ______________ * On appeal from Multnomah County Circuit Court, Kelly Skye, Judge. 278 Or App 746, 377 P3d 589 (2016). Cite as 361 Or 854 (2017) 855 Before Balmer, Chief Justice, and Kistler, Walters, Landau, Nakamoto, and Flynn, Justices.** LANDAU, J. The decision of the Court of Appeals and the limited judgment of the circuit court are affirmed. Case Summary: Plaintiff alleged that the City of Portland’s arts tax was a prohibited poll or head tax. The trial court determined that the tax was not a poll or head tax. The Court of Appeals affirmed the trial court’s decision and plaintiff petitioned for review.