The Inequity of U.S. Estate Tax Consequences for Noncitizen Spouses and Expatriates and the Impact of the Proposed Exit Tax

2007 ◽  
Vol 5 (1) ◽  
pp. 1-15 ◽  
Author(s):  
Brett R. Wilkinson ◽  
Tracy J. Noga
Keyword(s):  
Tax Law ◽  
Tax System ◽  
Compliance Costs ◽  
Estate Tax ◽  
Tax Legislation ◽  
Stark Contrast ◽  
The Law ◽  
The Impact ◽  
Tax Deduction ◽  
The U.S

In most cases, U.S. estate tax law permits assets passed to a spouse on death to be excluded from the tax net via the operation of the marital tax deduction. For individuals with noncitizen spouses, however, the law denies the marital deduction unless the assets are placed in a qualified domestic trust. The purpose of this arrangement is to prevent assets being lost to the estate tax system due to repatriation by the noncitizen spouse. The additional compliance costs imposed on noncitizen spouses regardless of whether they repatriate, stands in stark contrast to the regime faced by U.S. citizens who elect to relinquish their citizenship. The alternative tax system imposed on such former-citizens offers considerable scope for both legitimate and illegitimate tax minimization. This paper proposes a greater alignment of these divergent systems, in light of the proposed exit tax legislation, both of which are designed to achieve the same objective of ensuring that wealth generated in the U.S. does not escape the estate tax net.

TRANSFER FİYATLAMA UYGULAMASININ İŞLETME PERFORMANSINA ETKİSİ VE VERGİSEL AÇIDAN DEĞERLENDİRİLMESİ

2014 ◽  
Vol 1 (2) ◽  
pp. 187
Author(s):  
Serdar KUZU
Keyword(s):  
Business Performance ◽  
Transfer Pricing ◽  
Tax Law ◽  
Economic Activities ◽  
Tax System ◽  
Goods And Services ◽  
Tax Legislation ◽  
International Transactions ◽  
The Cost ◽  
The Impact

The size of international trade continues to extend rapidly from day to day as a result of the globalization process. This situation causes an increase in the economic activities of businesses in the trading area. One of the main objectives of the cost system applied in businesses is to be able to monitor the competitors and the changes that can be occured as a result of the developments in the sector. Thus, making cost accounting that is proper according to IAS / IFRS and tax legislation has become one of the strategic targets of the companies in most countries. In this respect, businesses should form their cost and pricing systems according to new regulations. Transfer pricing practice is usefull in setting the most proper price for goods that are subject to the transaction, in evaluating the performance of the responsibility centers of business, and in determining if the inter-departmental pricing system is consistent with targets of the business. The taxing powers of different countries and also the taxing powers of different institutions in a country did not overlap. Because of this reason, bringing new regulations to the tax system has become essential. The transfer pricing practice that has been incorporated into the Turkish Tax System is one of the these regulations. The transfer pricing practice which includes national and international transactions has been included in the Corporate Tax Law and Income Tax Law. The aim of this study is to analyse the impact of goods and services transfer that will occur between departments of businesses on the responsibility center and business performance, and also the impact of transfer pricing practice on the business performance on the basis of tax-related matters. As a result of the study, it can be said that transfer pricing practice has an impact on business performance in terms of both price and tax-related matters.

TRANSFER FİYATLAMA UYGULAMASININ İŞLETME PERFORMANSINA ETKİSİ VE VERGİSEL AÇIDAN DEĞERLENDİRİLMESİ THE IMPACT OF TRANSFER PRICING PRACTICE ON BUSINESS PERFORMANCE AND THE EVALUATION FROM THE TAX POINT

2014 ◽  
Vol 1 (2) ◽  
pp. 187
Author(s):  
Serdar KUZU
Keyword(s):  
Business Performance ◽  
Transfer Pricing ◽  
Tax Law ◽  
Economic Activities ◽  
Tax System ◽  
Goods And Services ◽  
Tax Legislation ◽  
International Transactions ◽  
The Cost ◽  
The Impact

The size of international trade continues to extend rapidly from day to day as a result of the globalization process. This situation causes an increase in the economic activities of businesses in the trading area. One of the main objectives of the cost system applied in businesses is to be able to monitor the competitors and the changes that can be occured as a result of the developments in the sector. Thus, making cost accounting that is proper according to IAS / IFRS and tax legislation has become one of the strategic targets of the companies in most countries. In this respect, businesses should form their cost and pricing systems according to new regulations. Transfer pricing practice is usefull in setting the most proper price for goods that are subject to the transaction, in evaluating the performance of the responsibility centers of business, and in determining if the inter-departmental pricing system is consistent with targets of the business. The taxing powers of different countries and also the taxing powers of different institutions in a country did not overlap. Because of this reason, bringing new regulations to the tax system has become essential. The transfer pricing practice that has been incorporated into the Turkish Tax System is one of the these regulations. The transfer pricing practice which includes national and international transactions has been included in the Corporate Tax Law and Income Tax Law. The aim of this study is to analyse the impact of goods and services transfer that will occur between departments of businesses on the responsibility center and business performance, and also the impact of transfer pricing practice on the business performance on the basis of tax-related matters. As a result of the study, it can be said that transfer pricing practice has an impact on business performance in terms of both price and tax-related matters.

scholarly journals Wybrane zasady konstytucyjne w kontekście ochrony praw pracownika

2019 ◽  
Vol 28 ◽  
pp. 173-183
Author(s):  
Michał Krokosz
Keyword(s):  
Relative Stability ◽  
Tax Law ◽  
First Principle ◽  
Tax System ◽  
Tax Legislation ◽  
The Law ◽  
The Republic ◽  
The Stability ◽  
Direct Concern

Niniejszy artykuł jest omówieniem wybranych zasad konstytucyjnych, których bezpośrednie oddziaływanie można zaobserwować na gruncie prawa podatkowego, w przedmiocie ochrony strony stosunku podatkowoprawnego — podatnika. W treści pracy omówiono dwie zasady: zasadę wyłączności regulacji ustawowej w prawie podatkowym oraz zasadę pewności i stabilności prawa podatkowego. Pierwsza z nich, wyprowadzona z normy przepisu art. 217 Konstytucji Rzeczypospolitej, jest gwarancją dla jednostki, iż przepisy prawa podatkowego nie zostaną odmiennie uregulowane przez ustawodawcę w akcie rangi niższej niż ustawa, co znacząco wzmacnia pozycję podatnika oraz chroni jego prawa. Druga zasada odnosi się do pewności i stabilności prawa podatkowego. Prawidłowe stosowanie tej zasady umożliwia podatnikowi przewidywanie działań podejmowanych przez organ w stosunku do jego osoby, na podstawie zdarzeń, z którymi wiązane są skutki podatkowe. Kolejnym omówionym aspektem tejże zasady jest względna stabilność prawa, która związana jest zakazem zmiany prawa podatkowego w trakcie roku podatkowego, odpowiednim vacatio legis oraz ochroną interesów podatnika w „toku realizacji”. Selected constitutional principles in the context of protection of taxpayers rightsThis article considers selected constitutional principles in which direct concern with the protection of the taxpayer’s party from the tax perspective can be recognised. There are two principles disscussed in the paper: the principle of exlusive rights in the tax law and the principle of stability and certainty in the tax system. The first principle originates from the provision in art. 217 Constitution of the Republic of Poland, and it represents the guarantee for individuals that tax legislation will not be otherwise provided by the legislature in the regulation not the law passed by the parliament, which significantly empowers the taxpayer’s position and protects their rights. The second principle is related to the stability and certainty in the tax system. Properly applied, the  principle enables the taxpayer to forsee the measures taken in their case by the authority on the basis of incidents associated with tax consequences. A further aspect of this principle disscussed in the work concerns relative stability which entails prohibition of changing the tax law during the course of the tax year, using respective/appropriate vacatio legis and with the protection of the interests of taxpayers in the process of “execution.”

scholarly journals CIVIL AND TAX LAW: VICE VERSA

2020 ◽  
Vol 4 (1) ◽  
pp. 65-74
Author(s):  
Marina V. Sentsova (Karaseva)
Keyword(s):  
Law Enforcement ◽  
Russian Federation ◽  
Social Relations ◽  
Civil Law ◽  
Tax Law ◽  
Tax Legislation ◽  
The Russian Federation ◽  
The Law ◽  
The Impact ◽  
Law Making

The subject of the research is the correlation of civil and tax law institutions in the scope of legal nature of such social relations. The purpose of the article is to confirm or refute the hypothesis that when qualifying civil legal relations with tax elements, the law enforcement officer should proceed from the priority of analysis of tax legislation over civil legislation. Methodology. Methods of analysis and synthesis are used. The scientific analysis focuses on decisions of the Constitutional Court of the Russian Federation, the Supreme Court of the Russian Federation, and courts of general jurisdiction. The main results and scope of their application. The influence of civil law on tax law is carried out at the level of law-making and law enforcement. We study the law enforcement paradigms that are relevant for law enforcement activities. The current tasks of tax law-making are emphasized. Establishing the influence of tax law institutions on civil law allows us to improve some civil law institutions, create a comprehensive theory of the relationship of these legal phenomena, see trends in their development and, of course, outline ways to develop tax legislation in the aspect of tax law autonomy. The legislator should strive for maximum unification of legal terminology in tax and civil legislation so that subjects of legal relations feel legally comfortable and easily construct civil transactions based on the predicted tax consequences. Subjects of civil legal relations, before entering into certain civil transactions, should already plan their tax consequences in advance focusing not only on civil legislation, but also on tax legislation, in particular, on the classification of transactions as investment or non-investment. Conclusions. The impact of tax law on civil law is multidimensional. At least, we can talk about the impact on the levels of law-making, law enforcement, and the use of civil law institutions. When qualifying civil legal relations with tax elements, the analysis of tax legislation in comparison with civil legislation has priority.

scholarly journals Measuring the Effects of Corporate Tax Cuts

2018 ◽  
Vol 32 (4) ◽  
pp. 97-120 ◽  
Author(s):  
Alan J. Auerbach
Keyword(s):  
Multinational Corporations ◽  
Income Tax ◽  
Capital Investment ◽  
Corporate Income Tax ◽  
Tax Law ◽  
Corporate Tax ◽  
The Law ◽  
Jobs Act ◽  
The Impact ◽  
Tax Cuts

On December 22, 2017, President Donald Trump signed the Tax Cuts and Jobs Act (TCJA), the most sweeping revision of US tax law since the Tax Reform Act of 1986. The law introduced many significant changes. However, perhaps none was as important as the changes in the treatment of traditional “C” corporations—those corporations subject to a separate corporate income tax. Beginning in 2018, the federal corporate tax rate fell from 35 percent to 21 percent, some investment qualified for immediate deduction as an expense, and multinational corporations faced a substantially modified treatment of their activities. This paper seeks to evaluate the impact of the Tax Cuts and Jobs Act to understand its effects on resource allocation and distribution. It compares US corporate tax rates to other countries before the 2017 tax law, and describes ways in which the US corporate sector has evolved that are especially relevant to tax policy. The discussion then turns the main changes of the Tax Cuts and Jobs Act of 2017 for the corporate income tax. A range of estimates suggests that the law is likely to contribute to increased US capital investment and, through that, an increase in US wages. The magnitude of these increases is extremely difficult to predict. Indeed, the public debate about the benefits of the new corporate tax provisions enacted (and the alternatives not adopted) has highlighted the limitations of standard approaches in distributional analysis to assigning corporate tax burdens.

The impact of tax policy on the implementation of the regulatory function of tax law

2021 ◽  
Author(s):  
Dmytro Kobylnik
Keyword(s):  
Public Relations ◽  
Tax Policy ◽  
Legal Regulation ◽  
Regulatory Function ◽  
Tax Law ◽  
Main Body ◽  
Special Role ◽  
Tax Legislation ◽  
Definition Of ◽  
The Impact

Problem setting. The social value, role and purpose of tax law are revealed in its functions as the main directions of its impact on public life. At the same time, the value potential of law is revealed by both general social and special legal functions. It is obvious that the implementation of the regulatory function of law is influenced by a number of factors, among which tax policy is important. Therefore, the purpose of the article is to characterize the impact of tax policy on the implementation of the regulatory function of tax law. Analysis of recent researches and publications. Note that the question of the functions of tax law, tax policy and their interaction is not entirely new to the science of tax law, because to some extent to their consideration resorted to O. S. Yemelyanov, А. А. Kovalenko, M. P. Kucheryavenko, Yu. L. Smirnikova, V. V. Chaika and others. However, so far it is impossible to say that they have received a proper scientific analysis, as financial scientists have not resorted to a comprehensive examination of them, and conducted a fragmentary study. Thus, the purpose of the article is to consider the impact of tax policy on the implementation of the regulatory function of tax law. Article`s main body. The article focuses on clarifying the impact of tax policy on the implementation of the regulatory function of tax law in modern conditions. The presence of a corresponding dialectical relationship between tax and legal regulation and tax policy is emphasized, which is reflected in two planes: (1) through the definition of goals, objectives, results of tax policy, the directions of regulation of tax relations, its subject matter, limits and methods are determined, by which rules of conduct are established for subjects of tax relations, that is, we are talking about the impact on lawmaking activities in the field of taxation, the implementation of the regulatory function of tax law; (2) by determining the quality and effectiveness of tax legislation, the extent to which the tax policy has been implemented is assessed. Conclusions and prospects for the development. As we have shown, tax policy has its own meaning, it is organically linked to tax law, which by implementing the regulatory function implements the vectors indicated by the policy. Given the profound transformation of public relations that has taken place in our country in recent years, tax policy should be given a special role as a strong foundation for ensuring the effectiveness of tax and legal regulation.

COMPARATIVE STUDY OF NET SALARY UNDER LATVIAN AND LITHUANIAN TAX LEGISLATION

2019 ◽  
pp. 49
Author(s):  
Sņežana Lukša
Keyword(s):  
Comparative Study ◽  
Negative Impact ◽  
Well Being ◽  
Tax Incentives ◽  
Theoretical Description ◽  
Tax Rates ◽  
Tax System ◽  
Tax Legislation ◽  
Human Labour ◽  
The Impact

Wages are remuneration for the use of human labour at a given time, it is a social guarantee for the well-being of people, and each worker has a significant net salary on hand, formed by applying labour taxes to gross wages. In Latvia, the tax system is constantly changing, such changes have a negative impact on economic outcomes and citizens' incomes, because labour tax rates remain relatively high, the tax burden for minimum wage recipients is high and they cannot fully benefit from tax incentives. The study carried out a theoretical description of net salary, calculated and compared the impact of labor taxes on the net salary size of the worker in Latvia and Lithuania.

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