scholarly journals Income Tax Complexity Faced by Multinational Corporations: A Comparative Study of Canada, the United States, and Other Selected OECD Countries

2021 ◽  
Vol 69 (3) ◽  
pp. 745-790
Author(s):  
Susann Sturm

This study examines the complexity of Canada's corporate income tax system from the perspective of multinational corporations and compares it with the complexity of the US system, also taking into account measures of complexity for 19 other member countries of the Organisation for Economic Co-operation and Development (OECD). The author finds that with regard to the Canadian tax code, the most complex laws are those on corporate reorganization, transfer pricing, and controlled foreign corporations, and with regard to the Canadian tax framework, the most complex areas are tax audits, tax-law enactment, and tax guidance. In comparison with other OECD countries, Canada is remarkably similar to the United States. Both countries have a medium level of overall complexity, and both have a more complex tax code but a less complex tax framework than other countries. However, a closer examination of the Canadian and US tax codes and tax frameworks reveals some significant differences in complexity levels, particularly in respect of certain tax laws.

2021 ◽  
Vol 68 (4) ◽  
pp. 931-986
Author(s):  
Michael H. Lubetsky

Subsection 220(3.1) of the Income Tax Act authorizes the minister of national revenue to waive or cancel interest on income tax debts. This power is typically exercised in four circumstances: where interest has accumulated owing to circumstances beyond a taxpayer's control; where the interest has accumulated owing to error or delay by the Canada Revenue Agency; where the accumulated interest causes hardship; or in the context of a voluntary disclosure. South of the border, section 6404 of the Internal Revenue Code authorizes the secretary of the Treasury to "abate" interest on tax debts. As a practical matter, discretionary interest relief under section 6404 is available only in very limited circumstances. The restrictive approach to discretionary interest relief is, however, offset by a greater array of interest-relieving provisions, as well as by the power of the secretary to "compromise" tax liabilities on various grounds, some of which overlap with grounds for interest relief recognized in Canada. This article compares the Canadian and US interest relief regimes, with a view to identifying aspects of the US regime that may merit further consideration in Canada. The differences in the US approach that are of particular interest include • a wider, and arguably more coherent, range of relieving provisions applicable to interest, particularly with regard to interest netting and carrybacks; • the jurisdiction of the United States Tax Court to review refusals to abate interest and/or to accept an offer in compromise; • dealing with situations of hardship and extraordinary circumstances under the aegis of the offer-in-compromise regime, which allows for consideration of the underlying tax liability in addition to the interest, and which also allows for relief to be made conditional on the taxpayer's future compliance with filing and payment obligations; • in certain older cases, a willingness to use interest relief to settle longstanding and complex tax disputes; and • the absence of statutory time limits on the power of the secretary to abate or compromise interest. The comparative study also reveals how Canada and the United States place different weight on policy rationales that underlie interest relief. Canada focuses mainly on ensuring that the consequences of non-compliance for individual taxpayers are fair and equitable. The United States, on the other hand, focuses more on rehabilitating non-compliant taxpayers in the long term, as well as ensuring that interest reflects fair compensation for such taxpayers' use of the public treasury's money—both of which could be given greater attention on this side of the border.


Author(s):  
Paula De la Cruz-Fernandez

A multinational corporation is a multiple unit business enterprise, vertically managed, that operates in various countries, called host economies. Operations beyond national borders are controlled and managed from one location or headquarters, called the home economy. The units or business activities such as manufacturing, distribution, and marketing are, in the modern multinational as opposed to other forms of international business, all structured under a single organization. The location of the headquarters of the multinational corporation, where the business is registered, defines the “nationality” of the company. While United Kingdom held ownership of over half of the world’s foreign direct investment (FDI), defined not as acquisition but as a managed, controlled investment that an organization does beyond its national border, at the beginning of the 20th century, the United States grew to first place throughout the 20th century—in 2002, 22 percent of the world’s FDI came from the United States, which was also home to ten of the fifty largest corporations in the world. The US-based, large, modern corporation, operated by salaried managers with branches and operations in many nations, emerged in the mid-19th century and has since been a key player and driver in both economic and cultural globalization. The development of corporate capitalism in the United States is closely related with the growth of US-driven business abroad and has unique features that place the US multinational model apart from other business organizations operating internationally such as family multinational businesses which are more common in Europe and Latin America. The range and diversity of US-headquartered multinationals changed over time as well, and different countries and cultures made the nature of managing business overseas more complex. Asia came strong into the picture in the last third of the 20th century as regulations and deindustrialization grew in Europe. Global expansion also meant that societies around the world were connecting transnationally through new channels. Consumers and producers globally are also part of the history of multinational corporations—cultural values, socially constructed perceptions of gender and race, different understandings of work, and the everyday lives and experiences of peoples worldwide are integral to the operations and forms of multinationals.


2021 ◽  
Vol 22 (3) ◽  
Author(s):  
Christine Davis

Prior to the 2017 tax reform (TCJA), with a few exceptions, the United States only taxed the foreign income of its domestic corporations when profits were distributed to its U.S. shareholders as dividends. Through this policy, the United States supported its domestic corporations’ active overseas business operations by allowing equal economic competition with foreign entities without the additional burden of paying the U.S. income tax. However, corporations were able to use this ability to electively defer U.S. tax on foreign income as a tax planning technique, which, in part, contributed to the accumulation of large amounts of untaxed “offshore” earnings by U.S. multinational corporations. The U.S. Congress essentially terminated deferral and this tax planning technique when it enacted the current tax on global intangible low-taxed income (GILTI) as part of the TCJA. But GILTI is a formulaic calculation that taxes income regardless of the taxpayer’s intent, use of profits, or the income’s potential for aggressive tax planning. Although GILTI protects against the use of aggressive tax planning techniques, it compromises the tax policy goal of allowing U.S. corporations to compete in foreign jurisdictions unhindered by the U.S. income tax. In lieu of GILTI and the section 245A deduction, this Article proposes a new Subpart F inclusion for excessive unrepatriated earnings based on the concept of distributable net income. This proposal would be superior to the current GILTI regime because it would allow multinational corporations to use deferral for the beneficial goal of supporting foreign active business operations, but would prevent the use of deferral for tax planning purposes.


Author(s):  
Arthur M. Hauptman

Several recent reports in the United States have compared the American performance in higher education to that of other Organization for Economic Cooperation and Development (OECD) countries, and concern that the United States is slipping when it comes to attainment rates in tertiary education. However, the United States continues to have among the highest participation rates among OECD countries, below average rates of completion, among the highest attainment rates for bachelor's degrees, and average to below average attainment rates for subbachelor's degrees. One key conclusion from this analysis is that a key challenge for the United States is to figure out how to improve the degree completion rate of its community college students.


Author(s):  
Evgeny Khoroshilov

In the XXI century, there is a slight decline in the importance of the United States for Canada as an economic partner, but the United States remain the main external force influencing the development of the Canadian economy. Canada is interested in unhindered access of its goods to the American market, free flow of capital between the two countries, the development of North American economic integration and, most importantly, in sustainable economic growth in the United States. If the economic policy of the Joe Biden administration ensures the dynamic development of the American economy, then this will have a positive impact on the Canadian economy. At the same time, a number of provisions of Biden's economic strategy, such as raising the corporate income tax, strengthening control over mergers and acquisitions, and the "Buy American" policy, contradict Canadian economic interests. At first glance, the Biden administration's commitment to combating climate change is also negative for Canada. However, a number of Canadian stakeholders may also become beneficiaries of the new "green" course of the American economy. In general, the Canadian establishment believes that Canada’s national interests are in further integration of the US and Canadian economies. The Biden administration's tenure in the White House is unlikely to be an obstacle to this process.


2011 ◽  
Vol 44 (4) ◽  
pp. 417-432 ◽  
Author(s):  
DEJUN SU ◽  
OMAR A. ESQUEDA ◽  
LIFENG LI ◽  
JOSÉ A. PAGÁN

SummaryUsing recent pooled data from the World Health Organization Global Infobase and the World Factbook compiled by the Central Intelligence Agency of the United States, this study assesses the relation between income inequality and obesity prevalence among 31 OECD countries through a series of bivariate and multivariate linear regressions. The United States and Mexico well lead OECD countries in both obesity prevalence and income inequality. A sensitivity analysis suggests that the inclusion or exclusion of these two extreme cases can fundamentally change the findings. When the two countries are included, the results reveal a positive correlation between income inequality and obesity prevalence. This correlation is more salient among females than among males. Income inequality alone is associated with 16% and 35% of the variations in male and female obesity rates, respectively, across OECD countries in 2010. Higher levels of income inequality in the 2005–2010 period were associated with a more rapid increase in obesity prevalence from 2002 to 2010. These associations, however, virtually disappear when the US and Mexico have been excluded from the analysis. Findings from this study underscore the importance of assessing the impact of extreme cases on the relation between income inequality and health outcomes. The potential pathways from income inequality to the alarmingly high rates of obesity in the cases of the US and Mexico warrant further research.


2021 ◽  
Vol 69 (2) ◽  
pp. 655-667
Author(s):  
Michael J. Miller

In the United States, statutes and treaties are on an equal footing. Thus, in the event of a conflict between a statute and a treaty, the treaty does not automatically take precedence over the statute. Moreover, the US courts go to great lengths to avoid finding the existence of any conflict. This article discusses a recent case in which the Tax Court held, among other things, that a punitive deduction-disallowance rule applicable solely to non-US persons did not conflict with the non-discrimination article of the income tax treaty in effect between the United States and Canada.


2012 ◽  
Vol 11 (3) ◽  
pp. 283 ◽  
Author(s):  
RamMohan R. Yallapragada

In the United States of America (US), all the accounting procedures and guidelines for measurement and reporting by business firms are governed by a body of principles and concepts known as Generally Accepted Accounting Principles (GAAP). These GAAP are presently issued by the Financial Accounting Standards Board (FASB) with the authority delegated by the Securities and Exchange Commission (SEC). Historically, each country developed its own GAAP and there was no uniformity among the GAAPs of different countries. Comparison of financial statements issued by business firms from different countries has become impossible leading toward suboptimal capital allocation across countries in the world. Gradually, with the advent of multinational corporations, there emerged a global demand for convergence of GAAP of different countries into a single set uniform accounting standards applicable to all countries. Initiative for uniform global accounting standards came from International Accounting Standards Committee (IASC) which was established in 1973. The IASC formed International Accounting Standards Board (IASB) in 2001 which began issuing International Financial Accounting Standards (IFRS). Till now about 100 countries have adopted IFRS for their financial reporting purposes. The SEC has yielded to the global pressure to adopt IFRS in the US. SEC has set a timeline for US business firms to change over from US GAAP to IFRS. This paper presents the background and development of the movement of IFRS, timeline for the change in US and the implications involved in the adoption of IFRS in the US.


2012 ◽  
Vol 8 (4) ◽  
pp. 461-466
Author(s):  
Ashley B. Harper ◽  
Linda Leatherbury ◽  
Ana Machuca ◽  
JoDee Phillips

The International Financial Reporting Standards (IFRS) is pending a move to incorporate a single set of accounting standards across International borders. The definitive decision for uniting the standards appears to be stalemated. The pending move by the United States to adopt financial reporting practices set forth by the IFRS to encompass a single set of reporting standards bears both advantages and disadvantages for multinational corporations. This paper examines some of the difficulties that can arise by using a single set of standards and addresses two significant studies regarding converging reporting standards. The paper concludes by discussing issues that could potentially arise if the standards are adopted in their entirety by the United States and the political issues that could emerge resultant of their adoption. The significance of international investment opportunities in foreign equity securities by investors in the United States and the significant number of foreign corporations registered on various securities exchanges around the world make the adoption and establishment of international reporting standards a challenge to many accounting professionals.


2013 ◽  
Vol 103 (3) ◽  
pp. 168-172 ◽  
Author(s):  
Gerald Auten ◽  
Geoffrey Gee ◽  
Nicholas Turner

While cross-sectional data show increasing income inequality in the United States, it is also important to examine how incomes change over time. Using income tax data, this paper provides new evidence on long-term and intergenerational mobility, and persistence at the top of the income distribution. Half of those aged 35-40 in the top or bottom quintile in 1987 remain there in 2007; the others have moved up or down. While 30 percent of dependents aged 15-18 from bottom quintile households are themselves in the bottom quintile after 20 years, most have moved up. Persistence is lower in the highest income groups.


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