Income Tax Research Papers - Academia.edu (original) (raw)

Part 1 of this two-part article reviewed the four main doctrines to which Canadian courts have referred in interpreting the Income Tax Act (strict construction, purposive interpretation, the plain meaning rule, and the... more

Part 1 of this two-part article reviewed the four main doctrines to which Canadian courts have referred in interpreting the Income Tax Act (strict construction, purposive interpretation, the plain meaning rule, and the words-in-total-context approach) and examined leading cases in which these doctrines have been defined and applied. Part 2 of the article evaluates each of the interpretive doctrines examined in part 1 and develops, as an alternative, an explicitly "pragmatic" approach. This alternative approach builds on the words-in-total-context doctrine by interpreting the words of the Act "in their entire context," having regard to the scheme of the Act, the purposes of the Act, the intentions of Parliament, and the practical consequences of different interpretations.Following the analysis of the four doctrines, the article outlines the essential features of an explicitly pragmatic approach to statutory interpretation, explains the relevance of practical conse...

Growing shares of health care sectors in national income in the OECD countries have been observed for decades. Rising demand for health care coupled with medical advances may generate a significant burden on public finance in the ageing... more

Growing shares of health care sectors in national income in the OECD countries have been observed for decades. Rising demand for health care coupled with medical advances may generate a significant burden on public finance in the ageing Europe in the coming years. We explore European public health care systems from the perspective of intergenerational solidarity using the generational accounting method. The following countries have been selected as representatives of the European health care systems: the Czech Republic, Denmark, Estonia, France, Italy, the Netherlands, and the United Kingdom. We conclude that if the growth of demand for health care is to be satisfied and the ratio of taxation remains constant, significant debts in health care will be generated by the current generation. A worse situation was found in systems financed mainly through health insurance or income taxes and in countries with high current expenditure on health.

In 1998 Italy introduced a restricted version of an Allowance for Corporate Equity, called Dual Income Tax. Using data integrating Italy’s Institute for Statistics enterprise survey data and company accounts, we explore the effects of the... more

In 1998 Italy introduced a restricted version of an Allowance for Corporate Equity, called Dual Income Tax. Using data integrating Italy’s Institute for Statistics enterprise survey data and company accounts, we explore the effects of the Dual Income Tax on enterprise performance in 1998-2001. Firms benefiting from this allowance are simulated through the DIECOFIS corporate tax microsimulation model. The method to estimate enterprise performance is based on a structural equation model which allows us to compute a composite indicator given specific factors observed from enterprise activity. We find a positive impact of the Dual Income Tax on enterprise performance in that companies benefiting from this allowance outperformed non-eligible ones.

ABSTRACT: This study investigates how private equity ownership affects corporate tax avoidance. Private equity (PE) firms have been accused of aggressively managing their own tax liabilities and those of their portfolio firms. We... more

ABSTRACT: This study investigates how private equity ownership affects corporate tax avoidance. Private equity (PE) firms have been accused of aggressively managing their own tax liabilities and those of their portfolio firms. We investigate the latter assertion based on ...

For quite a long period controversy ruled over the interpretation of the concept of “accrued to”. The uncertainty was whether the concept means that the taxpayer must be entitled to an amount or that the amount must be due and payable. In... more

For quite a long period controversy ruled over the interpretation of the concept
of “accrued to”. The uncertainty was whether the concept means that the taxpayer
must be entitled to an amount or that the amount must be due and payable.
In People’s Stores this uncertainty appears to have been cleared where the court
reiterated the Lategan-principle (see Lategan v CIR 1926 CPD 203, 2 SATC 16)
and ruled that the concept “accrued to” denotes that the taxpayer must be unconditionally
entitled to an amount. This principle and its proper application were
successfully cemented in our law in Cactus Investments (Pty) Ltd v CIR [1999] 1
All SA 345(A) – or at least so it appeared. In the recent judgment of M v CSARS
(14005) [2017] ZATC 1(30 May 2017) it seems as if the certainty as to the
application of the Lategan-principle – or what jurists perceived as final certainty
– is not so clear, certain, and understandable after all. This case note critically
examines the judgment in M v CSARS with specific reference to the time of
accrual of the proceeds of the sale of immovable property.

O problema da progressividade nos impostos ocupou papel central no debate tributário brasileiro por mais de uma década. Diversas questões foram colocadas, tanto pela doutrina quanto pelo Supremo Tribunal Federal: a progressividade... more

O problema da progressividade nos impostos ocupou papel central no debate tributário brasileiro por mais de uma década. Diversas questões foram colocadas, tanto pela doutrina quanto pelo Supremo Tribunal Federal: a progressividade conforme a base de cálculo do imposto decorre da capacidade contributiva? É por ela exigida? Pode aplicar-se a todos os impostos ou, ao contrário, é necessária a autorização expressa da Constituição para seu emprego?

dividual rate cuts in the Economic Recov- Still the largest and most important ery Tax Act of 1981 (sold mainly as a sup- source of government revenues in the ply-side stimulus) and the individual rate United States, the individual income... more

dividual rate cuts in the Economic Recov- Still the largest and most important ery Tax Act of 1981 (sold mainly as a sup- source of government revenues in the ply-side stimulus) and the individual rate United States, the individual income tax cuts and the base changes in the Tax Re- has been altered significantly over time by form Act of

There are very few things in this world which are both “Legal” & “Lethal”. TAX is one of them. If tax provisions are not understood properly or tax is not paid in proper time, it is enough to give you hypertension. Moreover it is... more

There are very few things in this world which are both “Legal” & “Lethal”. TAX is one of them. If tax provisions are not understood properly or tax is not paid in proper time, it is enough to give you hypertension. Moreover it is important to know what are the sections that affect your daily transactions and how these transactions are dealt with in Assessment proceedings. Hence it is very important to have some elementary knowledge of such Tax Provisions .

Empirical studies of tax compliance have typically used data aggregated by audit class to analyze the impact of federal income tax and enforcement structures on the individual's compliance decision. This paper uses micro data from... more

Empirical studies of tax compliance have typically used data aggregated by audit class to analyze the impact of federal income tax and enforcement structures on the individual's compliance decision. This paper uses micro data from individual tax returns audited during the 1971 cycle of the Internal Revenue Service's (IRS) Tax Compliance and Measurement Program to reexamine the determinants of tax compliance. IRS data have also consistently revealed marked differences in voluntary reporting rates across different types of income. These differences may be driven by differential information reporting requirements. Hence, separate compliance equations are estimated for income subject to third-party information reporting and for all other income. The results show third-party information reporting to be an effective deterrent to noncompliance, but cast doubt on the presumption that lower marginal tax rates led to greater compliance.

It is not straightforward to urge and prepare MSMEs to participate in the standard tax system. MSMEs must have adequate tax knowledge and competence to comply with their tax obligations after they enter the standard tax system. The... more

It is not straightforward to urge and prepare MSMEs to participate in the standard tax system. MSMEs must have adequate tax knowledge and competence to comply with their tax obligations after they enter the standard tax system. The research aims to develop a strategy for transitioning to a normal tax system from the perspective of both the taxpayer and the government, including the barriers encountered. This study used a qualitative approach and an in-depth interview to obtain data. A review of the literature was conducted, as well as in-depth interviews with DGT officials, tax scholars, tax practitioners, and SME taxpayers. The most recent rule on final income tax for MSMEs establishes a time restriction for applying the final income tax rate and recording. The grace period was designed to teach MSMEs how to manage their bookkeeping and other obligations under the conventional tax system while growing their business. According to the study's findings, MSMEs taxpayers do not have a distinct strategy for dealing with the conventional tax system. They do, however, have commercial plans that overlap with the transition strategy. On the other hand, the government, through DGT, launched a plan called Business Development Services. The challenges of human resources and initiative affect both government and MSMEs taxpayers. This article examines the strategic procedures necessary to convert MSME taxpayers from a presumptive tax regime to the implementation of a conventional tax system, as well as the barriers encountered in achieving tax equity. The report proposes a transition strategy from a presumptive, tax regime to the implementation of a conventional tax system on the hard-to-tax sector by the Indonesian tax authorities and MSME taxpayers.

This article tells the story of India’s first income tax, and the men and events that shaped it—explaining why the tax was introduced, its scope and operation, and why it failed. It is a story told against a backdrop of civil war and... more

This article tells the story of India’s first income tax, and the men and events that shaped it—explaining why the tax was introduced, its scope and operation, and why it failed. It is a story told against a backdrop of civil war and bitter bureaucratic infighting. It centres on the conflict between James Wilson (India’s first finance minister and founder of The Economist) and Sir Charles Trevelyan (Governor of Madras). The argument between the entrepreneur turned politician and the sunburnt and strong-willed colonial civil servant ended in a manner neither expected. The passing of the Income Tax Act in 1860 illustrates a crucial and ultimately irreversible transition in the Raj. Not least of these changes was the shift from local to central revenue administration. The income tax, and the reforms that went with it, form part of the foundations of modern India.

Embora a Comissão Europeia tenha proposto em setembro de 2020 um novoregulamento sobre mercados de criptoativos (Proposta de Regulamento do ParlamentoEuropeu e do Conselho relativo aos mercados de criptoativos e que altera a Diretiva(UE)... more

Embora a Comissão Europeia tenha proposto em setembro de 2020 um novoregulamento sobre mercados de criptoativos (Proposta de Regulamento do ParlamentoEuropeu e do Conselho relativo aos mercados de criptoativos e que altera a Diretiva(UE) 2019/1937), não existe atualmente legislação da União Europeia (UE) sobre aqualificação jurídica dos criptoativos per se. Além da falta de uma regulamentação da UE,em Portugal também não existe um enquadramento concreto da qualificação jurídica decriptoativos, nem, muito menos, dos rendimentos provenientes de criptoativos, pelo quenos encontramos numa zona cinzenta.

Avukatlık Kanunu ve Hukuk Muhakemeleri Kanunu uyarınca, davayı kaybeden tarafından karşı tarafa yargılama gideri olarak ödenen “karşı taraf vekalet ücreti”nin hukuki durumunun net olarak ortaya konulması, bu tür ödemelerde KDV... more

Avukatlık Kanunu ve Hukuk Muhakemeleri Kanunu uyarınca, davayı kaybeden tarafından karşı tarafa yargılama gideri olarak ödenen “karşı taraf vekalet ücreti”nin hukuki durumunun net olarak ortaya konulması, bu tür ödemelerde KDV hesaplanması gerekip gerekmediği açısından büyük önem arz etmektedir. Maliye Bakanlığı tebliğleri çerçevesinde bu tür ödemelerde KDV hesaplanması gerektiği yönünde düzenlemeler yapılmasına karşın, KDV kanunu ruhuna aykırı bazı hususlar dikkat çekmektedir. Bu çalışmada bu hususlar analiz edilmekte ve karşı vekalet ücretinin KDV’ne tabi olmaması gerektiği nedenleri ile açıklanmaktadır.

El presente trabajo busca desarollar los aspectos más resaltantes de la fiscalidad de la asistencia técnica prestada por un no residente hacia el Perú, tanto en la legislación doméstica peruana, como en cuanto a su tratamiento en los CDI... more

El presente trabajo busca desarollar los aspectos más resaltantes de la fiscalidad de la asistencia técnica prestada por un no residente hacia el Perú, tanto en la legislación doméstica peruana, como en cuanto a su tratamiento en los CDI suscritos.

Se analiza el problema de la pérdida del escudo fiscal por un reparo generado por la autoridad tributaria, sobre los intereses de un financiamiento, en particular, en el caso de las sociedades que toman deuda para apalancar el pago de... more

Se analiza el problema de la pérdida del escudo fiscal por un reparo generado por la autoridad tributaria, sobre los intereses de un financiamiento, en particular, en el caso de las sociedades que toman deuda para apalancar el pago de dividendos. Se explica la razonabilidad de dicha estructura de financiamiento dentro de las finanzas corporativas y como es que ello satisface la causalidad del gasto para efectos tributarios. Finalmente, se expone cómo se ha resuelto esta problemática en la jurisprudencia comparada, específicamente en República Checa, Polonia, Austria e Isreael.

For almost three decades, the Australian Treasury has issued an annual 'tax expenditure statement' detailing concessions in Australia's tax laws. It was originally argued that tax expenditure budgets (the international term for these... more

For almost three decades, the Australian Treasury has issued an annual 'tax expenditure statement' detailing concessions in Australia's tax laws. It was originally argued that tax expenditure budgets (the international term for these statements) would lead to simpler laws with fewer and better targeted concessions. This clearly has not happened in Australia, as tax laws have become more complex and tax concessions less efficient since the tax expenditure budget concept was accepted in Australia. The problem is not with the concept itself but rather with its execution. In particular, Australia has copied a United States model — a model that may be very inappropriate in the context of Australian tax jurisprudence. In Australia, many tax concessions that give rise to uncertainty and complexity have not been introduced explicitly by the legislature but rather result from judicial doctrines that have been implicitly endorsed in the design of the tax law. Tax expenditure analysis will not yield better outcomes until it is extended to these implicit tax expenditures.

The taxation structureof the country can play a very important role in the working of our economy.The payment of tax is a moral obligation of each and every assessee. Each assessee should know that revenue generated by government through... more

The taxation structureof the country can play a very important role in the working of our economy.The payment of tax is a moral obligation of each and every assessee. Each assessee should know that revenue generated by government through taxes is used for the welfare of the economy. So, every tax payer should pay tax to the government. The main objective of this paper is to ascertain the level of awareness of the salaried class on various tax provisions available under the Income Tax Act.

This paper reviewed principally accepted methods applied to investment analysis. To describe every aspect of investment analysis fully would require far more space than available here, so we highlight only of few of its aspects. This... more

This paper reviewed principally accepted methods applied to investment analysis. To describe every aspect of investment analysis fully would require far more space than available here, so we highlight only of few of its aspects. This study collects several well-known bibliographies, contrasts them with each other and provides explanations for having done so. There are many questions about which authors

A 2019 report of the Comptroller and Auditor General of India has brought out glaring irregularities in the exemptions given to agricultural income for income tax purposes. Exempting large income on agriculture from taxation not only... more

A 2019 report of the Comptroller and Auditor General of India has brought out glaring irregularities in the exemptions given to agricultural
income for income tax purposes. Exempting large income on agriculture from taxation not only makes the agricultural sector a conduit for money laundering and concealment of black money, but also holds back the much-needed modernisation and reform of the sector. Although everyone agrees on the desirability of taxing agricultural income, successive governments have shied away from it for electoral reasons.

Thuế là một khoản nộp bắt buộc mà các thể nhân và pháp nhân có nghĩa vụ phải thực hiện đối với Nhà nước. Trong số các nguồn thu từ thuế thu nhập cá nhân thì thuế thu nhập cá nhân từ chuyển nhượng bất động sản là một trong những nguồn thu... more

Thuế là một khoản nộp bắt buộc mà các thể nhân và pháp nhân có nghĩa vụ phải thực hiện đối với Nhà nước. Trong số các nguồn thu từ thuế thu nhập cá nhân thì thuế thu nhập cá nhân từ chuyển nhượng bất động sản là một trong những nguồn thu lớn cho ngân sách Nhà nước. Ngoài ra, việc thực hiện đánh thuế thu nhập cá nhân đối với thu nhập từ chuyển nhượng bất động sản có vai trò quan trọng: tăng nguồn thu cho ngân sách Nhà nước; đảm bảo công bằng cho thị trường bất động sản; là công cụ hữu hiệu nhằm hạn chế việc đầu cơ vào bất động sản. Vì lẽ đó, Nhà nước đã ban hành các quy phạm pháp luật để điều chỉnh vấn đề trên để làm minh bạch trong kê khai, nộp thuế khi giao dịch bất động sản của cá nhân và doanh nghiệp, giúp cho quá trình thu thuế được đúng, đủ và chính xác. Dầu vậy, trong thực tiễn áp dụng luật cũng không tránh khỏi những vướng mắc và thiếu sót, kẻ hở cho người đầu tư, đầu cơ và người dân có những cách trốn thuế và gian lận tinh vi hơn, gây khó khăn cho việc áp dụng dẫn đến làm thất thoát nguồn thu ngân sách Nhà nước. Vì vậy, người viết đã tìm hiểu và chọn đề tài "Pháp luật về thuế thu nhập cá nhân đối với thu nhập từ chuyển nhượng bất động sản" để nghiên cứu những quy định của pháp luật hiện hành và đề xuất những biện pháp nhằm góp ý kiến cho việc thực thi chính sách thuế thu nhập cá nhân đối với thu nhập từ chuyển nhượng bất động sản được ổn định, tránh thất thoát, góp phần làm phát triển thị trường bất động sản.

‘Taxpayer Rights: Deciphering the Indian Charter’ is an outcome of a joint project between practitioners from BMR Legal Advocates and academics from Jindal Global Law School (JGLS). It covers an extensive study of constitutional and... more

‘Taxpayer Rights: Deciphering the Indian Charter’ is an outcome of a joint project between practitioners from BMR Legal Advocates and academics from Jindal Global Law School (JGLS). It covers an extensive study of constitutional and administrative mechanisms for the protection of taxpayer rights. It carries research on the tax history related to the subject as well as a contemporary, multi-jurisdictional comparison of taxpayer rights and the related best practices recommended by international organisations such as OECD, United Nations and International Monetary Fund among others. The book examines the Taxpayer Charter of 2020 and the recent fusion of technology and tax administration. There are comparative reflections on privacy protections in several tax administrations and some insights into tax morality and taxpayer psychology as well. As a part of the project, an anonymous field survey was conducted, where a questionnaire on the efficacy of Taxpayer Charter 2020 was hosted by JGLS-BMR, in association with BloombergQuint. Undoubtedly, the survey results were a key part of our overall findings. The book finally culminates in a 20 point policy recommendations on improving the overall scope and implementation of the charter and some imperative fiscal policy reforms in the context.

Tax payment is an important obligation on the part of every individual in the country who earns income. The authentication of a person being paid tax is through the returns he/she is filing to the Income tax department. Earlier the... more

Tax payment is an important obligation on the part of every individual in the country who earns income. The authentication of a person being paid tax is through the returns he/she is filing to the Income tax department. Earlier the returns were filed through applications manually. But now with New technologies emerging day by day with improved and fast speed in all the fields. Internet has changed the present scenario of working by reducing the work load from manual to machine (E filing). In previous year's tax filing was a load full task for any individual as he/she has to go through a long process such as depositing the tax amount in the bank and then again queuing in for tax filing but by emerging technologies it has reduced to almost no effect. This study thus focuses on the awareness and satisfaction of tax payers towards E filing of income tax returns. For this purpose a field survey was conducted at Bangalore city covering different level of employees both men and women at private sector. The data was collected through questionnaire and then was tabulated and analyzed with the help of respective tests using SPSS and MS Excel. The study resulted that the existing users are satisfied with the procedure of e-filing but most of them are not aware of such facility.

In a developing country like India, government performs a very crucial role for the overall development. It needs to perform a large number of activities requiring a huge public expenditure. To meet this expenditure they require public... more

In a developing country like India, government performs a very crucial role for the overall development. It needs to perform
a large number of activities requiring a huge public expenditure. To meet this expenditure they require public revenue. Taxes
are one of the important sources of public revenue. Taxes are not a recent origin. It was levied dates back to time
immemorial. It can be classified into direct (impact & incidence on same person) and indirect (impact & incidence on different
person) taxes. A report reveals that in India only 2.77% people pay income tax which has a very less proportion in compare
to developed countries. So, government made a continuous effort to bring more people under the regime of taxation, so that
public revenue can be increased. This paper is an attempt to study the taxation systems prevailed in the past and recent
trends and patterns of direct taxation in India.
Keywords: Direct Taxation, Tax Revenue, History of Taxation, Tax-GDP Ratio, Income Tax, Buoyancy Factor, Trends and Patterns.