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Capital Allowance and Companies Income Tax Act in Nigeria 尼日利亚的资本补贴和公司所得税法
Pub Date : 2019-03-07 DOI: 10.2139/ssrn.3434959
K. Nwonyuku
This paper discusses the implications of capital allowances for companies’ income tax purposes in Nigeria. Capital allowance scheme is one of the potentials for improving tax revenue generation in Nigeria. It is a latent value adding mechanism to a business, and a form of based erosion tax sharing (BETS) model that depletes expected tax effect on a business and shifts it to the taxpayer for incurring qualifying expenditure in respect of certain assets. It is an inbuilt expansionary tax fiscal policy that has the capacity to boost economic growth and prosperity. Yet, this scheme over time has been undermined, misused and abused by the relevant quarters. This study tends to rekindle the need and opportunity available in religious implementation of capital allowance regime. It is an investment and industrial output growth; and when it is properly employed, industries will grow to prosperity. In addition to its benefits, it complements the effort of the government in attracting foreign direct investments and to attaining national economic objectives. This paper employs descriptive study and secondary data collection methods to examine the conceptual and regulatory provisions, among other issues concerning the system of capital allowance. Findings from the study confirm that effective implementation of capital allowance scheme can deepen tax compliance culture, increase tax revenue performance and enhance investment in productive non-current assets of companies in Nigeria. Also, it affirms a clear distinction between capital allowance and capital gains tax for companies as well as deducts that there is a reducing effect of different forms of capital allowances on arriving at total profits for company income tax purposes in Nigeria, except for balancing charges. Hence, it is just and reasonable to conclude that a strong and positive connection does exist between capital allowance and tax compliance, tax revenue collection and economic growth and prosperity in Nigeria. Among other recommendations, this paper proposes that management of relevant tax authority should put stringent measures to ensure that all capital allowances claimable are verifiable, justifiable and reasonable as well as meet the regulatory conditions as provided by the extant tax legislations.
本文讨论了资本补贴对尼日利亚公司所得税目的的影响。资本补贴计划是改善尼日利亚税收产生的潜力之一。这是一种潜在的企业增值机制,也是一种基于侵蚀性税收分担(BETS)模式的形式,它减少了对企业的预期税收影响,并将其转移到纳税人身上,以产生有关某些资产的合格支出。这是一项内在的扩张性税收财政政策,有能力促进经济增长和繁荣。然而,长期以来,这一机制遭到有关方面的破坏、误用和滥用。本研究旨在重新点燃宗教实施资本补贴制度的必要性和机会。这是投资和工业产出的增长;当它被恰当地运用时,工业将走向繁荣。除了它的好处,它补充了政府在吸引外国直接投资和实现国家经济目标方面的努力。本文采用描述性研究和二手数据收集的方法来考察资本免税额制度的概念和监管规定等问题。研究结果证实,资本补贴计划的有效实施可以深化税收合规文化,提高税收绩效,并增加尼日利亚公司对生产性非流动资产的投资。此外,它确认资本津贴和公司的资本利得税之间有明确的区别,以及扣除,不同形式的资本津贴对达到尼日利亚公司所得税目的的总利润有减少作用,但平衡费用除外。因此,公正合理地得出结论,在尼日利亚,资本补贴与税收合规、税收征收和经济增长与繁荣之间确实存在着强烈而积极的联系。其中,建议相关税务机关的管理应采取严格措施,确保所有可申请的资本免税额都是可核实的、正当的、合理的,并符合现行税收立法规定的监管条件。
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引用次数: 0
Private Equity in Singapore 新加坡的私募股权
Pub Date : 2019-02-26 DOI: 10.2139/SSRN.3341791
Lin Lin
This chapter sets out the growing importance of private equity for Singapore’s economy and provides an overview of the existing regulatory framework governing private equity in Singapore. It outlines the present legal structures and tax policies and highlights their inadequacy in encouraging fund managers to domicile the funds in Singapore. Thereafter, this chapter recognizes several promising legislative and regulatory developments that will bolster Singapore’s position as an onshore hub for private equity funds if such developments were actualized. It also proposes further reforms that will improve the operating environment for private equity funds such as introducing more liberal tax policies and modifying the limited partnership structure.
本章阐述了私募股权对新加坡经济日益增长的重要性,并概述了新加坡现有的私募股权监管框架。它概述了目前的法律结构和税收政策,并强调了它们在鼓励基金经理在新加坡注册基金方面的不足。此后,本章将介绍几项有前景的立法和监管进展,如果这些进展得以实现,将巩固新加坡作为私募股权基金在岸中心的地位。它还提出了进一步的改革建议,将改善私人股本基金的经营环境,比如引入更宽松的税收政策,以及修改有限合伙企业的结构。
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引用次数: 2
Less Debt, More Growth: A Shadow Federal Budget for 2019 减少债务,促进增长:2019年影子联邦预算
Pub Date : 2019-02-07 DOI: 10.2139/SSRN.3330805
W. Robson, A. Laurin
The C.D. Howe Institute’s Shadow Federal Budget for 2019 looks past the overspending and deficits the federal government has adopted as its fiscal signature since its election in 2015. Instead, our focus is on ensuring the competitiveness and dynamism of the Canadian economy in the near and medium-term, setting the stage for a return to surpluses during the next Parliament. This Shadow Budget would improve tax competitiveness in the near term and lay the groundwork for a much-needed modernization of the tax system in the years ahead. It would enhance Canadians’ educational, labour-market and retirement prospects. It would facilitate international trade, invest in core federal infrastructure and reduce red tape. And, critically, it would improve fiscal accountability, contain spending and assure Canadians that their federal government is on a return to budget balance.
C.D. Howe研究所的2019年影子联邦预算回顾了联邦政府自2015年当选以来作为其财政标志的超支和赤字。相反,我们的重点是确保加拿大经济在近期和中期的竞争力和活力,为下届议会期间恢复盈余奠定基础。这项影子预算将在短期内提高税收竞争力,并为未来几年急需的税收制度现代化奠定基础。这将提高加拿大人的教育、劳动力市场和退休前景。它将促进国际贸易,投资于核心的联邦基础设施,减少繁文缛节。而且,至关重要的是,它将改善财政问责制,控制支出,并向加拿大人保证,他们的联邦政府正在恢复预算平衡。
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引用次数: 10
Tax Law and Technology in Australia 税法和技术在澳大利亚
Pub Date : 2019-02-06 DOI: 10.2139/SSRN.3253400
Justin Dabner
The “technological revolution” is influencing almost all aspects of our lives. Certainly the law has not been immune from its influence. Legal practice in Australia is currently undergoing a major disruption.

Tax law has been at the vanguard of this phenomenon. The massive amount of regulation and data that is a feature of tax practice rendered it an early candidate for technological intrusion.

This paper explores the inroads by technology into Australian tax practice in the last two decades. While initial activities focused on enforcement and compliance, with the development of machine learning and artificial intelligent the age of the smart computer assistant has arrived. The first tax case to consider the implications of a “not so smart” computer has also had to be decided.
“技术革命”几乎影响着我们生活的方方面面。当然,法律也不能不受其影响。澳大利亚的法律实践目前正在经历一场重大的混乱。税法是这一现象的先锋。大量的监管和数据是税务实践的一个特点,使其成为技术入侵的早期候选者。本文探讨了技术在过去二十年中对澳大利亚税收实践的影响。虽然最初的活动侧重于执行和合规,但随着机器学习和人工智能的发展,智能计算机助手的时代已经到来。第一个考虑到“不那么智能”电脑的影响的税务案件也必须做出裁决。
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引用次数: 0
Tax Morals and the Brazilian Citizen: Empirical Study 税收道德与巴西公民:实证研究
Pub Date : 2019-02-02 DOI: 10.2139/ssrn.3327772
Antonio Lopo Martinez, Marcelo Lopes Bello Coelho
This study analyzes the tax morals of the Brazilian citizen, aiming to measure its level, as well as if there is a difference of the tax morals in the sociodemographic characteristics. Tax morale is an important determinant of compliance with tax legislation, so measure it and evaluate each aspect that determines it allows to strategize and ensure better fiscal conformity. The period of the survey was between the months of May and August of the year 2017, with 679 participants. The questionnaire adapted from the work of Torgler, Schaffner and MacIntyre (2007) and with multiple choice objective questions allowed the collection of data from individuals, and was applied indirectly, electronically, validated by the use of the alpha coefficient of Crombach. The results showed in medium terms a perception neutral or partially contrary to the practice of tax evasion. As far as gender is concerned, the results indicate that women generally have higher tax morals than men; As far as religion is concerned, it has been demonstrated that spiritists have higher tax morals compared to participants who have declared other religions; As far as education is concerned, it was realized that the higher the formal education, the higher the tax moral. It is concluded that the results obtained are relevant and meaningful, and certainly help to better understand the challenge of tax compliance, as well as subsidize new investigations on the subject, given the theoretical and social relevance, and the unprecedent research in Brazil.
本研究分析了巴西公民的税收道德,旨在衡量其水平,以及税收道德在社会人口统计学特征上是否存在差异。税收士气是遵守税收立法的重要决定因素,因此衡量它并评估决定它允许制定战略并确保更好的财政一致性的各个方面。调查时间为2017年5月至8月,共有679名参与者。该问卷改编自Torgler、Schaffner和MacIntyre(2007)的工作,带有客观选择题,允许从个人收集数据,并通过电子方式间接应用,通过使用Crombach的alpha系数进行验证。结果显示,从中期来看,人们对逃税行为的看法是中立的或部分相反的。就性别而言,结果表明,女性普遍比男性具有更高的税收道德;就宗教而言,已经证明,与宣布信仰其他宗教的参与者相比,通灵者具有更高的税收道德;就教育而言,人们认识到正规教育程度越高,税收道德水平越高。得出的结论是,所获得的结果是相关的和有意义的,当然有助于更好地理解税务合规的挑战,以及补贴对这个问题的新调查,鉴于理论和社会相关性,以及巴西前所未有的研究。
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引用次数: 0
Tax Evasion and Illicit Cigarettes in California: Part IV— Smokers’ Behavioral and Market Responses to a Tax Increase 加州的逃税和非法卷烟:第四部分:吸烟者的行为和市场对增税的反应
Pub Date : 2019-01-24 DOI: 10.2139/ssrn.3322095
J. Prieger, Jonathan Kulick
Appendix is available at: https://ssrn.com/abstract=3322092 We examine recent survey data from California to investigate smokers’ responses to an increase in cigarette excise-tax rates. We estimate how tax avoidance and the economic crimes of tax evasion and illicit trade in tobacco products (ITTP) changed from 2017 to 2018, during which time the tax rose by $2/pack. The prevalence of each suspicious outcome or illicit activity examined rose markedly after the tax increase—by anywhere from 11% to 331%. We examine how such behaviors correlate with demographic, economic, and attitudinal factors. Some 63% of those still smoking in 2018 acted in ways that undermine, at least partially, the public health rationale for raising tobacco taxes. On the other hand, 66% say they reduced their nicotine use or substituted the use of less harmful delivery systems for cigarette smoking. About 44% of smokers engaged in some legal tax-avoiding behavior in the previous year, 15% evaded taxes through cross-border purchases, and 27% bought untaxed cigarettes in the state in the past month. (These behaviors overlapped substantially.) There is a much lower incidence of counterfeit product and sales of single cigarettes. Smokers who roll their own cigarettes, e-cigarette users, younger smokers, and those with more income and education are all more likely to engage in at least some of the suspect market behaviors examined. The driving time to the nearest cross-border retail locations is significantly associated with tax avoidance and evasion. However, respondents’ attitudes and moral sentiments appear to be more important predictors of suspect and illicit behavior. The results suggest that the tax increase led to significant amounts of adaptive behavior by smokers that likely reduced the intended health benefits of that policy change.
附录可在:https://ssrn.com/abstract=3322092我们研究了加州最近的调查数据,以调查吸烟者对香烟消费税税率增加的反应。我们估计了2017年至2018年期间避税和逃税经济犯罪以及烟草制品非法贸易(ITTP)的变化情况,在此期间,每包税收增加了2美元。每一项可疑结果或非法活动的检出率都在增税后显著上升——从11%到331%不等。我们研究这些行为如何与人口、经济和态度因素相关。2018年,仍在吸烟的人中约有63%的人的行为,至少在一定程度上破坏了提高烟草税的公共卫生理由。另一方面,66%的人表示他们减少了尼古丁的使用,或用危害较小的输送系统代替吸烟。约44%的吸烟者在前一年有过一些合法的避税行为,15%的人通过跨境购买逃税,27%的人在过去一个月在该州购买了免税香烟。(这些行为在本质上是重叠的。)假冒产品和单支香烟销售的发生率要低得多。自己卷烟的吸烟者、电子烟使用者、年轻吸烟者以及收入和受教育程度较高的人都更有可能参与至少一些可疑的市场行为。开车到最近的跨境零售地点的时间与避税和逃税密切相关。然而,受访者的态度和道德情操似乎是可疑和非法行为的更重要预测因素。结果表明,税收增加导致吸烟者大量的适应性行为,这可能会降低政策变化的预期健康效益。
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引用次数: 2
Retrospectivity in Taxation in India : A Judicial & Constitutional Analysis 印度税收的追溯性:司法与宪法分析
Pub Date : 2019-01-10 DOI: 10.2139/ssrn.3782726
P. Karthikeyan
This paper seeks to analyze the basis of Retrospective legislation in India focusing specifically on the area of Tax law and seeks to unearth the rich case law on the subject and the sort of constitutional checks placed upon it. The paper will first introduce the concept of retrospective tax and pose questions as to what possible checks and balances can be placed upon it. Then it will move on to the rich case history of retrospective tax statutes and how they have been interpreted by the judiciary to be either constitutionally valid or invalid paying special importance to the considerations that the judiciary had when they examined these statutes. Then we will look at specific instances when a particular retrospective amendment is held to be valid or invalid, noting the specific principles or logic deployed by courts in them. Finally, we will conclude with the current trends with regards to retrospective applications.
本文试图分析印度追溯立法的基础,特别关注税法领域,并试图挖掘有关该主题的丰富判例法以及对其进行的宪法检查。本文将首先介绍追溯税的概念,并提出关于可以对其进行哪些可能的检查和平衡的问题。然后,它将转向追溯性税收法规的丰富案例历史,以及司法部门如何解释这些法规在宪法上有效或无效,并特别重视司法部门在审查这些法规时所考虑的因素。然后,我们将研究特定溯及既往的修正案被认定为有效或无效的具体情况,并注意法院在这些情况下采用的具体原则或逻辑。最后,我们将总结有关回顾性应用的当前趋势。
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引用次数: 0
The Proposed BEAT Regulations 拟议的BEAT规例
Pub Date : 2019-01-01 DOI: 10.2139/ssrn.3308876
David S. Miller, Sean Webb
This paper summarizes the proposed "base erosion and anti-abuse tax" ("BEAT") regulations that were released by the Internal Revenue Service and the Treasury Department on December 13, 2018.
本文总结了美国国税局和财政部于2018年12月13日发布的拟议的“税基侵蚀和反滥用税”(“BEAT”)法规。
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引用次数: 0
Integrating Public Finance with Human Behaviour and Inclusive Growth – Case Study on Indian Tax System 公共财政与人类行为的整合与包容性增长——以印度税收制度为例
Pub Date : 2018-12-31 DOI: 10.2139/ssrn.3308553
T. Jain
This is a conceptual paper, the author discusses some fundamental assumptions regarding taxation. These assumptions need to be re-examined. The author has carried out a survey of fifty professionals in the field of tax administrations and based on discussions with them tried to identify the issue and perspectives for future. The author has found that over a period of time, progressive economies try to reduce tax rates, reduce number of tax payments, reduce number of time required on issues relating to tax compliances and simplify and computerize tax compliances, which create a better business environment. The author contend that there is a need to re-examine present tax system, present business system and present framework. They suggest a system which can promote and develop small and cottage industries and enable smaller business entrepreneurs to survive and grow. The author contends that there should be digital transactions using m-commerce and there should be transaction tax to encourage people to save and invest.
这是一篇概念性的论文,作者讨论了一些关于税收的基本假设。这些假设需要重新审视。作者对税务管理领域的50名专业人员进行了调查,并在与他们讨论的基础上,试图确定问题和未来的前景。作者发现,在一段时间内,进步经济体试图降低税率,减少纳税次数,减少与税收合规有关的问题所需的时间,简化和计算机化税收合规,从而创造更好的商业环境。作者认为,有必要对现行的税收制度、现行的商业制度和现行的框架进行重新审视。他们建议建立一个能够促进和发展小型和家庭手工业的制度,使小型企业企业家能够生存和发展。作者主张应该使用移动商务进行数字交易,并且应该征收交易税以鼓励人们储蓄和投资。
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引用次数: 0
Tax Justice - Justice of Taxation 税收正义-税收正义
Pub Date : 2018-11-02 DOI: 10.2139/ssrn.3277534
J. Alt
The paper searches literature for the treatment of "Tax Justice" or "justice of taxation" and finds that there is not much work done so far. In turn, it develops some criteria and norms based on Catholic Social Teaching and argues, that it makes pragmatically more sense to remove injustice in present taxation than developing an ideal of "tax justice". Paper 3 of six papers dealing with the context for understanding the concept of "tax justice".
本文对“税收公正”或“税收公正”的处理进行了文献检索,发现迄今为止所做的工作并不多。反过来,它根据天主教社会训导发展了一些标准和规范,并认为消除目前税收中的不公正比发展“税收正义”的理想更有实际意义。六篇论文中的第3篇涉及理解“税收正义”概念的背景。
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引用次数: 0
期刊
Law & Society: Public Law - Tax eJournal
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