Income Tax Law Research Articles

특수관계자간 그룹공통브랜드 라이선스 로열티율의 법인세법상 시가 평가방법에 대한 연구

특수관계자간 그룹공통브랜드 라이선스 로열티율의 법인세법상 시가 평가방법에 대한 연구

Tax Administrative Burdens in the Tourism Sector in Zanzibar: Stakeholders’ Perspectives

The shortage of literature regarding the tax administration burden, particularly in the hospitality and tourism sector in the context of least developed countries, still exists. This study, therefore, investigates the tax administration burden in the tourism sector in the Zanzibar Islands. It specifically examines the structure of tourism taxes and the fiscal regime, measures the uncertainty and complexity of tax laws, and assesses the role played by business associations in facilitating collective action to reform the business environment of the tourism sector in this Archipelago. The study involved a survey of stakeholders ( N = 135), including tourism investors, business associations, and relevant government agencies. The findings showed that uncertainty concerning the value added tax laws centered on calculation of the input tax, the input tax refund from mainland Tanzania, and the registration procedure. The confusion was also pronounced regarding the specific laws affecting tour operators, restaurants, and the hotel levy. Similarly, there is still uncertainty concerning the infrastructure tax and the imposition of a tax of US$1 per day per guest staying in a hotel. Moreover, uncertainty and complexity regarding the income tax laws is centered on calculating the income tax liability of businesses, investments, and employment. However, the role of business associations in reforming the business environment for tourism has been encouraging, as a good number of public–private dialogues and initiatives have been geared at negotiating the various forms of taxes and levies imposed on tourism and hospitality services in the Archipelago. The study concludes with managerial, policy, and research recommendations.

WHAT DROVE THE DECLINE IN TAXPAYING? THE ROLES OF POLICY AND POPULATION

Over the years 2001–2013, the share of individuals in the United States paying positive income taxes fell 6 percentage points, while the fraction with zero and negative tax liabilities increased by 1 and 5 percentage points, respectively. However, during 2008 through 2010, the fraction with negative tax liabilities increased substantially, with corresponding declines in positive and zero tax liabilities. In this paper, we examine the extent to which changes in income tax law, as compared to changes in characteristics of the population represented on income tax and information returns, drove these changes. For this study, we use a sample of tax and information returns drawn from the population of U.S. individual income tax returns over the years 2001–2013. Using this data, combined with federal income tax calculators, we first simulate counterfactual trends in taxpaying status (whether tax liability is positive, zero, or negative) assuming constant tax policy and the actual year-specific populations. We then calculate counterfactual trends in taxpaying status assuming a constant population but actual year-specific tax policy. The results suggest that changes in the population drove most of the overall trends in taxpaying status over the sample period, but changes in tax policy drove almost all of the sizable drops in positive and zero tax liabilities and increase in negative tax liabilities in 2008 through 2010.

The Tax Attractiveness Index: Methodology

With increasing globalization, countries are competing for companies and investment. Because income tax law has not been globally harmonized so far, international companies view a country’s tax conditions as an important location factor. Corporate location decisions and, therefore, a country’s tax attractiveness depend on a variety of tax factors. In this document, we present our tax measurement tool — the Tax Attractiveness Index — which includes 20 different equally weighted tax components and provides a comprehensive picture of a country’s tax environment. Specifically, the Tax Attractiveness Index covers 20 components, which include Anti-Avoidance Rules, CFC Rules, Corporate Income Tax Rate, Depreciations, EU Member State, Group Taxation Regime, Holding Tax Climate, Loss Carryback, Loss Carryforward, Patent Box Regime, Personal Income Tax Rate, R&D Tax Incentives, Taxation of Capital Gains, Taxation of Dividends Received, Thin Capitalization Rules, Transfer Pricing Rules, Treaty Network, Withholding Tax Rate Dividends, Withholding Tax Rate Interest, and Withholding Tax Rate Royalties.

Developments in the Transfer Pricing Landscape

Under an amendment to the Corporate Income Tax Law, Turkish transfer pricing rules were amended and revised. This article provides insights from the changes and discusses the significant issues surrounding amended transfer pricing rules. It also considers the impact of these new provisions on taxpayers and transfer pricing practices in Turkey.

MENGUAK PERMASALAHAN PERPAJAKAN E-COMMERCE DI INDONESIA DAN SOLUSI PEMECAHANNYA

This article was written to provide opinions on the taxation of e-commerce in Indonesia from the perspective of government policy by using literature study through information obtained through regulations, documents and supporting data. The purpose of writing this article is to provide feedback on e-commerce taxation that occurred in Indonesia with various types of valuations such as transactions and how e-commerce is done in order to find the gap how to levy taxation of e-commerce activities. Research method used is through the review literature review and the previous research then do the analysis to give an opinion. The result of the research is the revenue authority has an important role in realizing the full potential of e-commerce. According to SE-62 / PJ / 2013 there are four types of e-commerce. In Indonesia in the provisions of the applicable Income Tax Law is article 23/26, provided that the payment is received by a state taxpayer who does not have a P3B with Indonesia. Establishment of a regulatory body is required to monitor the traffic of communication through the internet to prevent the occurrence of crime in cyber crime.

MENGUAK PERMASALAHAN PERPAJAKAN ECOMMERCE DI INDONESIA DAN SOLUSI PEMECAHANNYA

This article was written to provide opinions on the taxation of e-commerce in Indonesia from the perspective of government policy by using literature study through information obtained through regulations, documents and supporting data. The purpose of writing this article is to provide feedback on e-commerce taxation that occurred in Indonesia with various types of valuations such as transactions and how e-commerce is done in order to find the gap how to levy taxation of e-commerce activities.Research method used is through the review literature review and the previous research then do the analysis to give an opinion. The result of the research is the revenue authority has an important role in realizing the full potential of ecommerce. According to SE-62 / PJ / 2013 there are four types of e-commerce.In Indonesia in the provisions of the applicable Income Tax Law is article 23/26, provided that the payment is received by a state taxpayer who does not have a P3B with Indonesia. Establishment of a regulatory body is required to monitor the traffic of communication through the internet to prevent the occurrence of crime in cybercrime.Keyword : E-commerce Transactions, Indonesian taxes, OECD Models

ANALISIS PERBANDINGAN BEBAN PAJAK PENGHASILAN TERHUTANG MENURUT PASAL 31E UNDANG UNDANG PAJAK PENGHASILAN DENGAN PERATURAN PEMERINTAH NOMOR 46 TAHUN 2013 PADA PT ABC

This case study analyzed by comparing the income tax payable according to Article 31E of the Income Tax Law and Government Regulation No. 46 Year 2013 on PT ABC. In the results of this study prove that according to Government Regulation No. 46 Year 2013 resulted in income tax payable is less than pursuant to Article 31e Income Tax Act

KONTROVERSI PENGENAAN PAJAK PENGHASILAN ATAS TRANSAKSI VALUTA ASING

Article 4 section (1) Income Tax Law No. 17 / 2000 introduces what does the mean of Tax Objects. According to this article, Tax Objects shall be income, namely every kind of addition to economic capacity received or eamed by Taxpayers, derived both from Indonesia and outside Indonesia, which may be used for consumption or addition to property of the Taxpayers concerned, in whatever name or form.Income is the amount that a person can consume during a period of time and be as well-off at the end of the time as it was at the beginning. In other words, income is the amount that a person can be consumed without encroaching upon the capital.Moreover, income tax objects are very kind of addition to economic capacity, on the other hand, foreign exchane purchase transaction is an equity conversion in one form to another form which has the same value with it beginning equity. Thus, in this transaction , there is no addition to economic capacity received or earned by taxpayers. That's why, income tax deemed to foreign exchange purchase trasaction is not appropriate, because it will break the essence of source of law of income tax itself, that is income tax law No. 17/2000Keywords: Fiscal Stabilisation, tax object, Income, income tax deemed to foreign exchange purchase transaction.

Do Singapore’s Group Relief Rules Breach the Non-Discrimination Article in the Singapore-United Kingdom Income Tax Treaty?

In this article, the author examines the relationship between the group relief rules under Singapore’s domestic income tax law and the non-discrimination rules in the Singapore-United Kingdom Income Tax Treaty. He submits that the group relief rules are in breach of article 25(3) and 25(1) of the treaty – the so-called “foreign ownership” and “nationality” paragraphs, based on article 24(5) and 24(1), respectively, of the OECD Model Tax Convention, but that article 25(5) of the United Kingdom treaty absolves Singapore from the breach in both instances. The article closely examines the text of the treaty, the OECD Commentary on Article 24 of the OECD Model, the United Kingdom Court of Appeal decision in FCE Bank plc v. Revenue and Customs Commissioners, and Singapore’s position (first published in 2014) on the non-discrimination article.

Marketing non-US private equity funds in the United States: a roadmap through the various regulations and tax implications

PurposeTo discuss general legal considerations for non-US private equity sponsors who seek to market their funds to US institutional investors.Design/methodology/approachExplains relevant aspects of US securities laws, commodity exchange laws, pension and employee benefit plan laws, federal income tax laws, and the Foreign Account Tax Compliance Act (FATCA).FindingsThe evolving US regulatory regime necessitates careful planning and thorough knowledge of relevant laws and regulations to effect a successful US marketing effort.Originality/valuePractical guidance from experienced investment funds and tax lawyers.

Towards Neutral Distribution Taxes and Vanishing Tax Effects in the European Union

The European Union (EU) has no explicit common income tax law. Nevertheless, Court of Justice decisions have driven EU member states to adopt more similar corporate tax systems, and thus, to align the tax treatment of corporate profit distributions—dividends and capital gains. This paper empirically analyzes the influence of the tax preferences of individual and corporate shareholders for the two corporate distribution types—dividends or capital gains—from 1990 to 2012. In the first years of the observation period, European tax systems have provided opposing tax advantages, where individual shareholders have preferred capital gains and corporate shareholders have preferred dividends. To account for these differences depending on the firm’s shareholder structure, we derive firm-specific tax preferences for profit distributions. Our empirical analysis reveals that—in line with current literature—the firm-specific tax preferences indeed affect dividend payments. Moreover, we show that in contrast to our detailed study, a simplified approach to measure tax effects on distributions overestimates this influence. In subsequent years, as European Court of Justice decisions have indirectly aligned EU corporate tax systems, we find that tax preferences have converged to a great extent with the tendency to equal tax treatment of dividends and capital gains for both—individual and corporate—shareholder groups. In line with this development, we find that the association of tax preferences and distribution policies vanishes in the last years of the observation period. Our study implies that the EU common regulatory framework, even in the absence of explicit law, can affect corporate distribution decisions and foster neutral taxation of dividends and capital gains across EU member states.

Review of 2016 Corporate Tax Law and Income Tax Law Cases

Review of 2016 Corporate Tax Law and Income Tax Law Cases

ARAŞTIRMA, GELİŞTİRME (AR-GE) VE TASARIM HARCAMALARININ VERGİSEL DÜZENLEMELER VE TEŞVİKLER ÇERÇEVESİNDE İNCELENMESİ VE MUHASEBELEŞTİRİLMESİ

The aim of this study is to evaluate the accounting practices about research and development expenses and their ‘Reduction Principles’ from company profits. Firstly, R&D reduction principles and scope of expenses are discussed in the context of related laws, namely Corporate Tax Law and Income Tax Law. This reduction is compared with the regulations about contributions, incentives and reductions determined in the Law No.5746. Finally, applications are given about the accounting of R&D expenses in the frame of Uniform Accounting System and TMS 38- Intangible Assets.

The Extraterritorial Reach of the German Progression Clause in Income Tax Law in the Light of International Law

In this article, the authors examine the legal limits set by international law for an extraterritorial application of national laws. Since the German progression clause has an extraterritorial reach, these limits are applied to this provision in order to determine whether the German progression clause is in line with international law.

Tax Liability Issues Associated with United States Income Tax Filing Statuses for Married Taxpayers and Proposals for Enhanced Equity

ABSTRACT Throughout the history of the United States income tax code, Congress has struggled with equitable treatment of married taxpayers. In the early years, married taxpayers dealt with uncertainty regarding the liability they assumed depending upon whether they filed one single return together, or two separate returns. Congress ultimately concluded that married taxpayers who filed together should incur joint and several liability. In the meantime, married taxpayers who filed separately eventually found themselves losing out on several tax benefits simply by virtue of their filing status. Yet, many married taxpayers file separately for compelling non-tax reasons. The following legal analysis of tax liability issues faced by married taxpayers begins with a brief history of the evolution of the income tax laws as they applied to married taxpayers, with focus on congressional intent behind joint and several liability, and the preclusion of several tax benefits for married taxpayers who filed separately. The analysis will indicate areas in the tax law that should be refined in order to enhance equity in the law for married taxpayers. Finally, a review of state tax policies will reveal possibilities for proposals for enhanced equity, including suggestions for greater transparency regarding joint and several liability, and opportunities for extending valuable tax benefits to married taxpayers who file separately.

Income Tax Law and Accounts Sahitya Bhawan Publication 57th Edition, 2016–17

Income Tax Law and Accounts Sahitya Bhawan Publication 57^th Edition, 2016–17

收入要素会计政策选择的企业所得税筹划探讨

市场经济时期，企业所得税既是国家财政收入的重要来源，又是政府实施宏观经济调节的重要工具。针对企业收入要素相对复杂性和税法规定与会计规定差异造成企业收入核算对应纳税所得额的影响，采用判断推理、归纳演绎等方法，阐述了收入会计政策的涵义，辨析了收入要素会计政策环境下所得税筹划的范围，探讨了收入要素会计政策的企业所得税筹划方法。 In the period of market economy, enterprise income tax is not only an important source of national fiscal revenue, but also an important tool for government to implement macroeconomic regulation. According to the relative complexity of income factors and the influence of the enterprise accounting taxable income on the amount of taxable income caused by the differences between the enterprise income tax law and accounting rules, the paper uses the judgment reasoning method, and inductive and deductive method, to expound the meaning of income accounting policy, differentiate and analyze the scope of income tax planning in the income factor of accounting policy environment, and probes into enterprise income tax planning methods of income factors of accounting policy.

THE TAXATION OF THE SO-CALLED DIRECT SALES IN THE POLISH PERSONAL INCOME TAX IN COMPARATIVE PERSPECTIVE

Article presents the principles for the taxation of the so-called direct sales of agricultural products on the basis of the personal income tax. The first part of the article includes remarks concerning the regulations introduced into the Polish legal system by way of the revision of the Pesonal Income Tax Law of April 2015. The second part of the article presents the principles of the so-called direct sales in France and Italy.

Deemed International Transactions: A Journey towards Substance over Form

This article discusses the means by which multinational enterprises structure international transactions using associated enterprises to avoid India’s transfer pricing rules. The author examines the development of the deeming provisions in India’s income tax law, which are intended to counter the legal form of the arrangements, and considers how amendments to the law in 2014 have failed to address some types of transfer pricing arrangements which use foreign associated enterprises.