As Certain As Death, Quotations About Taxes
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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. -
Congressional Record United States Th of America PROCEEDINGS and DEBATES of the 114 CONGRESS, FIRST SESSION
E PL UR UM IB N U U S Congressional Record United States th of America PROCEEDINGS AND DEBATES OF THE 114 CONGRESS, FIRST SESSION Vol. 161 WASHINGTON, WEDNESDAY, AUGUST 5, 2015 No. 126 House of Representatives The House was not in session today. Its next meeting will be held on Friday, August 7, 2015, at 11 a.m. Senate WEDNESDAY, AUGUST 5, 2015 The Senate met at 9:30 a.m. and was NUCLEAR AGREEMENT WITH IRAN when he announced it by falsely called to order by the President pro Mr. MCCONNELL. Mr. President, as conflating debates from more than a tempore (Mr. HATCH). the administration’s agreement with decade ago with the unique and con- f Iran comes under greater scrutiny, sequential realities of today. Now is a time to aim higher. Now is PRAYER there is growing bipartisan concern. It is widespread, and it is well founded. a time to dig deeper. What I am asking The Chaplain, Dr. Barry C. Black, of- The leading House Democrat on the is for President Obama to join us in ris- fered the following prayer: Foreign Affairs Committee recently ing to the moment. Let us pray. Senators and the American people Immortal, invisible, God only wise, said the deal ‘‘troubled’’ him because ‘‘it doesn’t prevent Iran from having a are being asked to weigh the con- continue to lead our lawmakers like a sequences of what it would mean to great shepherd. May they be watchful nuclear weapon, it just postpones it.’’ Yesterday another House Democrat allow Iran to become a nuclear-thresh- among the unwatchful and awake said the deal lacks ‘‘sufficient safe- old state with the power to dominate among those who sleep. -
Congressional Record—House H2113
March 19, 2003 CONGRESSIONAL RECORD — HOUSE H2113 a Support Our Troops rally or a reserv- government. And one can just project, through the ceiling. So it is obvious ist center and say, ‘‘Congressman, I if we continue to spend two and three that sooner or later, and I hope sooner will take my $90,000 tax cut now, and I and sometimes four times the rate of for the sake of our children and our don’t care if veterans have to stand in inflation, then government takes over; grandchildren, that we have to bring longer lines, have shortages of beds or and instead of empowering people in our spending into line so that this can’t get into VA hospitals tomorrow.’’ the United States, instead of empow- curve does not continue to keep going We all want to engage in shared sac- ering businesses to encourage them to up and up and up and soak up more and rifice. We are at a critical time in our expand and develop and offer better more of our gross domestic product. Nation’s history. Our first obligation and more jobs, government has been at has to be to our seniors and those the feeding trough to use more of those Now, I would like to for a few mo- fighting for our freedom in Iraq and dollars by increasing taxes across the ments turn our attention to another other dangerous places in the world. country. curve, another set of curves, and these We cannot cut their beds, their budg- How do we deal with a situation curves are just some detail-building on ets; we cannot balance tax cuts on where we have made our taxes so pro- the curve that the gentleman showed their backs. -
Tax Gap” Dave Rifkin Georgetown University Law Center, [email protected]
Georgetown University Law Center Scholarship @ GEORGETOWN LAW 2008 An Overview of the “Tax Gap” Dave Rifkin Georgetown University Law Center, [email protected] This paper can be downloaded free of charge from: http://scholarship.law.georgetown.edu/fwps_papers/77 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: http://scholarship.law.georgetown.edu/fwps_papers Part of the Taxation-Federal Income Commons GEORGETOWN LAW Faculty Working Papers October 2008 An Overview of the “Tax Gap” TAXES, The Tax Magazine (forthcoming November 2008) Dave Rifkin Adjunct Professor of Law, Georgetown Law Attorney-Adviser, U.S. Tax Court [email protected] This paper can be downloaded without charge from: BePress: http://lsr.nellco.org/georgetown/fwps/papers/77/ SSRN: http://ssrn.com/abstract=1162493 Posted with permission of the author AN OVERVIEW OF THE “TAX GAP”* Dave Rifkin** I. INTRODUCTION “Bad things happen if you fail to pay federal income taxes when due.”1 Although the Supreme Court was referring to the calamities that befall taxpayers,2 the same can be said for the government. Some “taxpayers”3--intentionally or unintentionally--fail to report and/or pay the proper amount of tax owed when due. Accordingly, the government must spend money to audit taxpayers, to assess taxes, to collect the proper amount of tax due, and to borrow to replace the lost revenue. Additionally, taxpayer failures to comply with the tax law--i.e., the Internal Revenue -
Getting Acquainted with VAT (C) Tax Analysts 2011
Introduction: Getting Acquainted With VAT (C) Tax Analysts 2011. All rights reserved. does not claim copyright in any public domain or third party content. By Martin A. Sullivan Martin A. Sullivan is a contributing editor to Tax Analysts. Until recently, most talk about a value added tax in the United States was an academic exercise. Policy experts kept telling anyone who would listen that we could boost our competitive- ness if some form of a VAT was used to replace all, or at least the worst parts, of our clunky income tax. But there was no pressing need for a VAT and no political incentive to undertake the arduous task of orchestrating a major tax reform. But times are changing. Between the 2007 and 2010 fiscal years, the national debt increased from 36 percent to 62 percent of gross national product. And matters are only getting worse. America is relentlessly moving toward the edge of a fiscal abyss. In Wash- ington, while our leaders may talk tough, they are not taking action. To avoid upsetting voters, they are careful not to even hint at spending cuts or tax increases of the size needed to make a real dent in the problem. With no limit on the national credit card, the daily push and pull of politics continues unhindered by the impending crisis. Our system of checks and balances and the usual political gridlock are partly to blame. Also part of the mix is our national mental block about the federal debt. The tough choices that must be made are outside the scope of current political discourse. -
CNN/WMUR/UNH Tracking Poll -1- January/February, 2016 1
Conducted by the University of New Hampshire Survey Center Interviews with 914 adults in New Hampshire conducted by land line and cellular telephone on January 27-30, 2016 including 409 who say they plan to vote in the Republican presidential primary and 347 respondents who say they plan to vote in the Democratic presidential primary. The margin of sampling error for results based on Republican primary voters is plus or minus 4.8 percentage points and for results based on Democratic primary voters is plus or minus 5.3 percentage points. EMBARGOED FOR RELEASE: Sunday, January 31 at 6:00 p.m. CNN/WMUR/UNH Tracking Poll -1- January/February, 2016 1. (UNDECLARED / INDEPENDENT LIKELY VOTERS ONLY) “"Which Presidential primary election do you think you will vote in ... the Republican Primary or the Democratic Primary?" PROBE: “As of RIGHT NOW, which primary do you think you will vote in?” Dec. Jan. Jan. 2015 13-18 27-30 REPUBLICAN PRIMARY 48% 44% 47% DEMOCRATIC PRIMARY 38% 48% 42% UNDECIDED 14% 8% 11% CNN/WMUR/UNH Tracking Poll -2- January/February, 2016 2. (REPUBLICAN PRIMARY VOTERS ONLY:) “Have you definitely decided who you will vote for in the New Hampshire primary … are you leaning toward someone … or have you considered some candidates but are still trying to decide?” June Sept Dec Jan Jan. 2015 2015 2015 13-18 27-30 DEFINITELY DECIDED 8% 13% 18% 31% 39% LEANING TOWARD SOMEONE 17% 28% 26% 26% 24% STILL TRYING TO DECIDE 75% 59% 56% 43% 37% 3. (REPUBLICAN PRIMARY VOTERS ONLY:) "I’m going to read you the names of the candidates who are either running or considering running for the Republican nomination. -
German Tax & Corporate Insights
Flick Gocke Schaumburg German Tax & Corporate Insights — Issue #08 / December 2015 1 Contents Editorial International Tax Dear readers, Proposed abandonment of the tax exemption regime for Again in this new issue of GTCI we highlight a number of portfolio investments — need for action? .................. 2 German legal developments and court rulings particularly relevant CFC income not subject to trade tax in Germany ......... 3 to international corporations and investors in Germany. Tax & Corporate BEPS & information exchange: Tax court affirms principle of confidentiality and secrecy in tax matters ... 4 We start with summing up a discussion draft regarding a Insights Accounting for tax uncertainties under IAS 12 — reform of the German Investment Tax Act published by the new developments .......................................... 5 Federal Ministry of Finance in July. Then, we take a closer Updates on recent business trends, look at a ruling by the Federal Tax Court according to legislation and case law in Germany Real Estate Transfer Tax which income attributed to German shareholders under German real estate transfer tax provisions — substitute the rules on controlled foreign companies (CFCs) is not tax base unconstitutional .................................. 6 subject to trade tax. Investment Taxation On October 5, the OECD presented the final BEPS package Reform of the German Investment Tax Act ............... 8 of measures for a comprehensive and coordinated reform Corporate Law of international tax rules. We explain what consequences Bonn Hamburg Breaking old habits in German corporate finance: New the package will have in practice. Also, we outline the main Johanna-Kinkel-Straße 2-4 Amelungstraße 8–10 53175 Bonn 20354 Hamburg rules on convertible bonds and preference shares and proposals made in the long-awaited draft “Uncertainty Phone +49 228/95 94-0 Phone +49 40/30 70 85-0 their tax implications ...................................... -
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 ......................................................................... -
Examination of Taxation on Sugar-Sweetened Beverages Alex Smith University of North Georgia, [email protected]
University of North Georgia Nighthawks Open Institutional Repository Honors Theses Honors Program Spring 2018 Examination of Taxation on Sugar-Sweetened Beverages Alex Smith University of North Georgia, [email protected] Follow this and additional works at: https://digitalcommons.northgeorgia.edu/honors_theses Part of the Accounting Commons Recommended Citation Smith, Alex, "Examination of Taxation on Sugar-Sweetened Beverages" (2018). Honors Theses. 32. https://digitalcommons.northgeorgia.edu/honors_theses/32 This Honors Thesis is brought to you for free and open access by the Honors Program at Nighthawks Open Institutional Repository. It has been accepted for inclusion in Honors Theses by an authorized administrator of Nighthawks Open Institutional Repository. Examination of Taxation on Sugar-Sweetened Beverages A Thesis Submitted to The Faculty of the University of North Georgia In Partial Fulfillment Of the Requirements for the Degree Bachelor of Business Administration in Accounting With Honors Alex Smith Spring 2018 Examination of the Taxation on Sugar-Sweetened Beverages 2 Acknowledgements I would like to thank Dr. Ellen Best for her support and insight throughout my research. I would like to thank Dr. Stephen Smith for agreeing to serve on my committee and providing support during my research. I would like to thank Dr. Poff for his guidance in the early development of my literature review. I would also like to thank Dr. Parker for agreeing to serve on my thesis committee Examination of the Taxation on Sugar-Sweetened Beverages 3 Contents 1. Introduction 2. Sin Tax 3. Sugar-Sweetened Beverage Tax Overview 4. Sugar-Sweetened Beverage Tax Response 5. Current Research on Sugar-Sweetened Beverage Tax 6. -
Edition 9 | 2018-2019
TABLE OF THE BUSHNELL CENTER CONTENTS for the PERFORMING ARTS TRUSTEE OFFICERS Message from the President & CEO ..................... 5 Jay S. Benet Chair Come From Away Robert E. Patricelli Co-Sponsored by Immediate Past Chair People’s United Bank and Travelers .................. 11 Thomas O. Barnes Vice Chair The Sound of Music Jeffrey N. Brown Sponsored by Vice Chair Voya Financial ................................................... 21 Jeffrey S. Hoffman Vice Chair Annual Fund Donor Honor Roll ......................... 32 David G. Nord Vice Chair An Extra Special Thank You ............................... 37 David M. Roth Vice Chair The Bushnell Services ....................................... 43 Henry M. Zachs Vice Chair Arnold C. Greenberg Treasurer Mark N. Mandell Assistant Treasurer Eric D. Daniels Secretary EXECUTIVE STAFF David R. Fay President and CEO Ronna L. Reynolds Executive Vice President Elizabeth Casasnovas Vice President, Development, and Chief Development Officer Patti Jackson Vice President, Finance, and Chief Financial Officer Yolande Spears Senior Vice President, Education and Community Initiatives Ric Waldman Vice President, Programming and Marketing The Bushnell is a 501(c)(3) not-for-profit organization that is proud to serve Connecticut and its citizens. | 3 MESSAGE FROM THE PRESIDENT & CEO A Look Ahead Spring has season next June. And as enticing as season finally arrived, and as that is, we were also able to tease the news it’s a particularly that Hamilton will return to The Bushnell in exciting time of year our 2020/2021 season. at The Bushnell. Our 2018/2019 season is If you’re a season-ticket holder, you should in full swing; we’ve got already have your renewal packet. If you’re two Broadway shows this month – current interested in becoming one, just contact our hit Come from Away, still going strong on box office and we’ll begin selling new series Broadway, and a classic audience favorite, packages this summer. -
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. -
Pigouvian Taxes
2 Dereliction of duty: Are UK alcohol taxes too low? AN INSTITUTE OF ALCOHOL STUDIES REPORT PUBLISHED MARCH 2016 WRITTEN AND PRODUCED BY AVEEK BHATTACHARYA WITH THANKS TO Rob Pryce, Katherine Brown, Griffin Carpenter, Amanda Spalding, Siladitya Bhattacharya and Will Damazer, Chris Smith, Jon Foster and Habib Kadiri for reviewing earlier drafts of this report. Cover image by Leo Scanlon. About the Institute of Alcohol Studies The core aim of the Institute is to serve the public interest on public policy issues linked to alcohol, by advocating for the use of scientific evidence in policy-making to reduce alcohol- related harm. The IAS is a company limited by guarantee (no. 05661538) and a registered charity (no. 1112671). For more information visit www.ias.org.uk. 3 4 Executive summary There are three standard reasons why governments taX alcohol: 1. Externality Correction: to ensure that alcohol prices reflect the cost to third parties who are harmed by drinking 2. Paternalism: to reduce people’s consumption for their own good 3. Revenue Raising: to fund the government The UK Government estimates that eXternalities associated with alcohol cost England and Wales £21 billion every year Alcohol duty in England and Wales currently generates only £9 billion, less than half of the value of these externalities This suggests higher alcohol taxes can be justified on the basis of the harm drinking causes to wider society alone, without considering the impact on the drinker themselves The lost enjoyment suffered by moderate consumers as a result of alcohol duty is relatively small – we estimate £1.2 billion (less than 2% of market value) to be the absolute possible ceiling of the impact.