Over the past five years the Australian international investor has seen a simple foreign investment income exemption system replaced by a foreign tax credit system which has in turn been replaced by the foreign tax accruals system. The current foreign source income regime allows an exemption for certain types of foreign income and subjects other income to a modified foreign tax credit system. The international investor must now distinguish between listed (tax comparable) countries and low tax jurisdictions as well as whether passive or active business income is to be dervied to appreciate fully the Australian taxation implications. In addition to an analysis of the investee's counrty's taxation system, the corporate investor further neeeds to consider whether investment should be made via way of branch of subsidiary.
{"title":"Outward Investment : The Branch v Subsidiary Decision","authors":"M. Northeast","doi":"10.53300/001C.6536","DOIUrl":"https://doi.org/10.53300/001C.6536","url":null,"abstract":"Over the past five years the Australian international investor has seen a simple foreign investment income exemption system replaced by a foreign tax credit system which has in turn been replaced by the foreign tax accruals system. The current foreign source income regime allows an exemption for certain types of foreign income and subjects other income to a modified foreign tax credit system. The international investor must now distinguish between listed (tax comparable) countries and low tax jurisdictions as well as whether passive or active business income is to be dervied to appreciate fully the Australian taxation implications. In addition to an analysis of the investee's counrty's taxation system, the corporate investor further neeeds to consider whether investment should be made via way of branch of subsidiary.","PeriodicalId":306257,"journal":{"name":"Revenue Law Journal","volume":null,"pages":null},"PeriodicalIF":0.0,"publicationDate":"1900-01-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"125602552","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
Central to the question of legitimacy in the difficult issues of international taxation and confidentiality is the comity principle, which is an extension of the principle of territorial sovereignty. The real concern of onshore countries such as Australia in relation to offshore activity is often actual financial loss, rather than high or moral principles. The argument thus follows that, in response to the international pressures exerted through directives and sanctions of supranational bodies such as the OECD, all things being equal, offshore states have a similar right to safeguard their economic and political interest by upholding them.
{"title":"The Hypocritical Stance by the OECD, Representing the Developed Nations - Inappropriate Pressure on Less Developed Nations to Adopt Compliant Tax Regimes","authors":"Angelo Venardos Dr","doi":"10.53300/001C.6673","DOIUrl":"https://doi.org/10.53300/001C.6673","url":null,"abstract":"Central to the question of legitimacy in the difficult issues of international taxation and confidentiality is the comity principle, which is an extension of the principle of \u0000territorial sovereignty. The real concern of onshore countries such as Australia in relation to offshore activity is often actual financial loss, rather than high or moral principles. The argument thus follows that, in response to the international pressures exerted through directives and sanctions of supranational bodies such as the OECD, all things being equal, offshore states have a similar right to safeguard their economic and political interest by upholding them.","PeriodicalId":306257,"journal":{"name":"Revenue Law Journal","volume":null,"pages":null},"PeriodicalIF":0.0,"publicationDate":"1900-01-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"133337229","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
The author examines the decision in FCT v Rowe for the concept of symmetry in tax matters which appears to underlie the equitable operation of the system. They conclude that, if there is such a principle, it certainly has not been applied in Rowe's case. According to the authors, this is probably correct in law, but does not necessarily serve the interests of fairness in tax matters. The authors draw on the experience of the UK and South Africa in dealing with similar situations. They conclude that the UK system has no better answers than the Australian, but that statutory intervention in South Africa has meant that the dispute in Rowe, despit the general similarity of the South African tax law, could never arise.
{"title":"Rowe: A Symmetry Cemetery?","authors":"D. Schabe, M. Walpole","doi":"10.53300/001C.6589","DOIUrl":"https://doi.org/10.53300/001C.6589","url":null,"abstract":"The author examines the decision in FCT v Rowe for the concept of symmetry in tax matters which appears to underlie the equitable operation of the system. They conclude that, if there is such a principle, it certainly has not been applied in Rowe's case. According to the authors, this is probably correct in law, but does not necessarily serve the interests of fairness in tax matters. The authors draw on the experience of the UK and South Africa in dealing with similar situations. They conclude that the UK system has no better answers than the Australian, but that statutory intervention in South Africa has meant that the dispute in Rowe, despit the general similarity of the South African tax law, could never arise.","PeriodicalId":306257,"journal":{"name":"Revenue Law Journal","volume":null,"pages":null},"PeriodicalIF":0.0,"publicationDate":"1900-01-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"123473864","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
On 1 April 1989, a broad-based natioal consumption tax went into effect in Japan. The tax was unpopular, but is gradually being accepted. In the four years since its inception, he tax has undergone a few minor adjustments to facilitate its smooth operaion, but unlike consumption taxes in many jurisdictions, has yet to see a rate rise. This is partly because of public reluctance toward the tax. This article surveys the history of Japan's national consumption tax, analyses the structure of the tax and its reception by taxpayers, and comments on its future.
{"title":"The Progress of the Japanese National Consumption Tax","authors":"Vicki L. Beyer, K. Ishimura","doi":"10.53300/001C.6558","DOIUrl":"https://doi.org/10.53300/001C.6558","url":null,"abstract":"On 1 April 1989, a broad-based natioal consumption tax went into effect in Japan. The tax was unpopular, but is gradually being accepted. In the four years since its inception, he tax has undergone a few minor adjustments to facilitate its smooth operaion, but unlike consumption taxes in many jurisdictions, has yet to see a rate rise. \u0000This is partly because of public reluctance toward the tax. This article surveys the history of Japan's national consumption tax, analyses the structure of the tax and its reception by taxpayers, and comments on its future.","PeriodicalId":306257,"journal":{"name":"Revenue Law Journal","volume":null,"pages":null},"PeriodicalIF":0.0,"publicationDate":"1900-01-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"124684866","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
In light of the recent adoption fo Film Licensed Investment Companies by the Commonweatlh Government, this article examines the operation and effect tax incentives have had on indirect investment in the Australian film industry. The article looks at whether there is a need for tax incentives, the policy justifications for providing tax incentives and which type of incentive is most effective. This article argues for expansion of tax incentives to encourage private investment in the Australian Film Industry. An increase in investment may well promote the quality, creativity and commercial viability of Australian Films.
{"title":"Using Tax Incentives to Encourage Investment in the Australian Film Industry","authors":"B. Clark","doi":"10.53300/001C.6618","DOIUrl":"https://doi.org/10.53300/001C.6618","url":null,"abstract":"In light of the recent adoption fo Film Licensed Investment Companies by the Commonweatlh Government, this article examines the operation and effect tax incentives have had on indirect investment in the Australian film industry. The article looks at whether there is a need for tax incentives, the policy justifications for providing tax incentives and which type of incentive is most effective. \u0000 \u0000This article argues for expansion of tax incentives to encourage private investment in the Australian Film Industry. An increase in investment may well promote the quality, creativity and commercial viability of Australian Films.","PeriodicalId":306257,"journal":{"name":"Revenue Law Journal","volume":null,"pages":null},"PeriodicalIF":0.0,"publicationDate":"1900-01-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"126586920","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
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