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The Economic and Health Impact of a Tax on Sugar Sweetened Beverages (SSBs) in South Africa 南非对含糖饮料(SSBs)征税的经济和健康影响
Pub Date : 2018-11-01 DOI: 10.2139/ssrn.3294281
Charity Gomo, Laura Birg
Background/Objectives: The increased consumption of sugar sweetened beverages (SSBs) has been associated with risks of obesity, and corresponding risks of type 2-diabetes, cancer, and cardiovascular disease. In order to reduce the intake of these beverages, the South African government has recently introduced a tax on SSBs. Methods: This paper evaluates the economic and health impact of the recently introduced tax on sugar sweetened beverages in South Africa, by constructing a microsimulation model using the South African Income and Household Survey (IES 2010/11) as the main data set. Results and conclusion: The overall results indicate that a 10 % SSB tax will lead to a substantial reduction in consumption of carbonated soft drinks by about 27% and minor reductions in other SSB categories. Results also indicate that the 10% SSB tax can generate about ZAR 14.5 billion (USD 1.08 bn) in government tax revenue annually. In addition, simulation results show that the SSB tax would result in an average reduction in energy intake by 16.97 kj/person/day.
背景/目的:含糖饮料(SSBs)消费量的增加与肥胖风险以及相应的2型糖尿病、癌症和心血管疾病风险相关。为了减少这些饮料的摄入,南非政府最近对ssb征税。方法:本文以南非收入和家庭调查(IES 2010/11)为主要数据集,构建微观模拟模型,评估南非最近引入的含糖饮料税对经济和健康的影响。结果和结论:总体结果表明,10%的SSB税将导致碳酸软饮料的消费量大幅减少约27%,其他SSB类别的消费量略有减少。结果还表明,10%的SSB税每年可产生约145亿兰特(10.8亿美元)的政府税收收入。此外,模拟结果表明,SSB税将导致能量摄入平均减少16.97 kj/人/天。
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引用次数: 0
Czech Tax Heaven for Sportsmen 捷克是运动员的避税天堂
Pub Date : 2018-10-15 DOI: 10.15290/OOLSCPREPI.2018.53
Michal Radvan
There is no specific legal regulation of professional athletesin the Czech Republic. In practice, both individual players andteam players are mostly self-employment. In case of teamplayers, compared to the legal regulation in other Europeancountries, it is quite unique. This article deals with thelegal regulation of professional team players, especially inthe area of taxation. It works with the hypothesis, stated intwo judgments of the Supreme Administrative Court, that teamplayers should tax their incomes by the personal incomes tax asself-employed persons, i.e. businessmen. In 2011, the SupremeAdministrative Court stated that team players are not employeesof their club and they should pay taxes as from independentactivities. The Czech Financial Administration followed thisdecision and taxed these sportsmen as so called independentprofessions. The reason why this issue was reopened by theSupreme Administrative Court was the case of football playerDavid Lafata, who got a business license (he became abusinessman) as a footballer and claimed that playing footballis not an independent profession, but real business. In bothcases, the personal income tax base is created as thedifference between income and expenditure. As mostly there areno real high expenditures, Czech legal regulation allows thelump sum expenses: in case of independent profession 40 %, butfor business (in this very case) 60 %. The aim of the paper isto confirm or disprove the hypothesis stated above, analyzingexisting legal regulation and case law, and offer solutions delege ferenda.
捷克共和国对职业运动员没有具体的法律规定。在实践中,个人球员和团队球员大多是自主创业的。在团队球员的情况下,与其他欧洲国家的法律规定相比,它是相当独特的。这篇文章讨论了职业球员的法律规定,特别是在税收方面。最高行政法院的两项判决都提出了这样一个假设,即球员应该像个体经营者(即商人)那样对他们的收入征收个人所得税。2011年,最高行政法院表示,球员不是俱乐部的雇员,他们应该像独立活动一样纳税。捷克财政管理局遵循这一决定,将这些运动员作为所谓的独立职业征税。最高行政法院重新讨论这个问题的原因是足球运动员大卫·拉法塔(david Lafata)的案件,他以足球运动员的身份获得了营业执照(他成为了商人),并声称踢足球不是一个独立的职业,而是真正的商业。在这两种情况下,个人所得税的税基都是收入和支出之间的差额。由于大多数情况下没有真正的高额支出,捷克法律规定允许一次性支出:独立职业为40%,但商业(在这种情况下)为60%。本文的目的是通过分析现有的法律规定和判例法来证实或反驳上述假设,并提出解决方案。
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引用次数: 1
Automation, Taxes and Transfers with International Rivalry 自动化、税收和转移与国际竞争
Pub Date : 2018-09-18 DOI: 10.2139/ssrn.3251070
R. Tyers, Yixiao Zhou
Continued automation and declines in low-skill shares of GDP have been widespread globally and linked to inequality. We examine the long-term, global consequences of policies that foster automation or address the distributional consequences of it, using a six-region global macro model. Results depend on whether welfare criteria are Rawlsian, emphasizing the performance of low-skill households, Benthamite, which aggregate pecuniary measures, capital-owner friendly, or simply based on real GDP. Even where automation delivers only bias against the low skilled, we find that the fostering it is a dominant strategy under all but the Rawlsian criterion. We then consider a post automation scenario in which worker displacement is significant, examining inequality constraining but balance-preserving fiscal interventions, such as tax-financed “earned income tax credits”. These generate only small international spillover effects and are for the most part not preferred under all criteria except the Rawlsian one.
持续的自动化和低技能在GDP中所占份额的下降在全球范围内普遍存在,并与不平等有关。我们使用六个区域的全球宏观模型来研究促进自动化或解决其分配后果的政策的长期全球后果。结果取决于福利标准是罗尔斯式的,强调低技能家庭的表现,边沁式的,汇总货币指标,资本所有者友好,还是仅仅基于实际GDP。即使在自动化只带来对低技能工人的偏见的地方,我们也发现,在除罗尔斯标准之外的所有标准下,培养自动化都是一种主导策略。然后,我们考虑了一个后自动化情景,其中工人的流离失所是显著的,检查不平等约束但保持平衡的财政干预措施,如税收资助的“劳动所得税抵免”。这些只会产生很小的国际溢出效应,而且除了罗尔斯的标准之外,在大多数情况下都不是所有标准的首选。
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引用次数: 1
Tax Planning of Married Couples and Intra-Household Income Inequality 已婚夫妇税收筹划与家庭内收入不平等
Pub Date : 2018-08-17 DOI: 10.2139/ssrn.3016803
Thiess Buettner, Katharina Erbe, Veronika Grimm
This paper examines tax planning of married couples under separate taxation. A theoretical analysis uses a family decision-model with a household public good to show that the secondary earner might veto against tax planning if the realization of tax savings increases intra-household income inequality. The empirical analysis exploits a specific feature of the German tax system, which allows married couples to save taxes by deviating from the default symmetric payroll-tax treatment and assigning a favorable tax treatment to the primary earner and an unfavorable tax treatment to the secondary earner. Based on a representative random sample of individual tax files, the empirical results confirm the role of the income distribution. Opting for a tax-minimizing treatment is found to be less likely if this is associated with larger losses in the net income of the secondary earner. While this holds irrespective of which of the spouses has higher earnings, couples where the wife is the primary earner display a general reluctance to assign the favorable tax treatment to the wife.
本文研究了分开征税情况下已婚夫妇的税收筹划问题。理论分析表明,如果实现税收节约增加了家庭内部收入不平等,二级收入者可能会否决税收筹划。实证分析利用了德国税收制度的一个特定特征,它允许已婚夫妇通过偏离默认的对称工资税待遇,并为主要收入者分配有利的税收待遇,而为次要收入者分配不利的税收待遇来节省税收。基于具有代表性的个人税务档案随机样本,实证结果证实了收入分配的作用。研究发现,如果二级收入者的净收入损失较大,那么选择最小化税收的做法就不太可能。虽然这与夫妻中哪一方的收入更高无关,但妻子是主要收入来源的夫妇普遍不愿将优惠的税收待遇分配给妻子。
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引用次数: 3
Asset Basis in Acquisitive Reorganizations: General Utilities Hangover 并购重组中的资产基础:一般公用事业后遗症
Pub Date : 2018-08-02 DOI: 10.2139/SSRN.3225351
D. Hasen
The rules that govern the tax basis and, by extension, the holding period of property received by an acquired corporation in an acquisitive reorganization are an unlovely patchwork that emerged from major changes to the tax law in 1986 and 1988. They not only fail to provide clarity but also do not reflect the fact that the acquired corporation, to the extent it engages in post-reorganization activity pursuant to the overall plan of reorganization, is in substance the agent of the acquiring corporation. Congress should amend the reorganization provisions to reflect this circumstance.
1986年和1988年对税法进行重大修改后,有关税基以及收购重组中被收购公司所得财产的持有期限的规定,都是一些令人讨厌的拼凑而成的。它们不仅不能提供明确性,而且也不能反映这样一个事实,即被收购公司在按照重组总体计划进行重组后活动的程度上,实质上是收购公司的代理人。国会应该修改重组条款以反映这种情况。
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引用次数: 0
The Relation Between Operational Efficiency and Tax Aggressiveness in Brazil 巴西经营效率与税收侵略性的关系
Pub Date : 2018-08-01 DOI: 10.2139/ssrn.3327787
Antonio Martinez, Eloy Paste Junior
This paper studies whether there is a relation between the operational efficiency measured through the Data Envelopment Analysis (DEA) models and the tax aggressiveness of the Brazilian public companies listed on B3 between the period of 2010 to 2015. The main hypothesis is that companies that are more operational efficient are in average less tax aggressive. Or, in other words, we predict that the less operational efficient companies have usually to engage in tax aggressiveness strategies more often. An efficiency score was calculated considering the outputs and inputs of the companies, classifying them according to the Data Envelopment Analysis (DEA) models to determine the relative company’s operational efficiency. The tax aggressiveness was measured by the difference between the Effective Tax Rates (ETR) and the average of ETR of companies from specifics economic sectors. Five relevant economic sectors were evaluated. A Data Panel model was estimated using the fixed effects. Considering the regression of all sectors, the results confirmed the hypothesis that companies that are more operational efficient in average tend to be less tax aggressive. However, when the samples were separated by sectors, only in the Energy and Textile Sectors this relation is significant.
本文研究了2010 - 2015年巴西B3级上市公司通过DEA模型测量的运营效率与税收侵略性之间是否存在关系。主要假设是,运营效率更高的公司平均而言在税收方面的侵略性更低。或者,换句话说,我们预测运营效率较低的公司通常会更频繁地采用税收激进策略。考虑企业的产出和投入,计算效率得分,并根据数据包络分析(DEA)模型对其进行分类,以确定相关企业的运营效率。税收侵略性是通过特定经济部门公司的有效税率(ETR)和平均ETR之间的差异来衡量的。对五个相关经济部门进行了评估。使用固定效应估计数据面板模型。考虑到所有部门的回归,结果证实了平均运营效率更高的公司倾向于更少的税收侵略性的假设。然而,当样本按行业分开时,只有能源和纺织行业的这种关系是显著的。
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引用次数: 0
IRS Guidance – Rulemaking and Deference to IRS Statutory Interpretation IRS指南-规则制定和对IRS法定解释的遵守
Pub Date : 2018-07-27 DOI: 10.2139/SSRN.3212060
John A. Townsend
This article deals with one of the key intersections of federal tax law and administrative law: IRS rulemaking. The IRS makes rules that affect the public through regulations and subregulatory guidance. I first discuss the IRS process for issuing such guidance and the principal forms the IRS uses. I then discuss the administrative law concept of deference to agency statutory interpretations. In administrative law, the two key regimes for deference are Chevron deference and Skidmore deference. Chevron deference requires the court to defer to an agency interpretation in formal guidance when the statutory text being interpreted is ambiguous and the agency interpretation is a reasonable interpretation even though the court believes there is a more reasonable interpretation. In the IRS context, Chevron deference applies to Treasury Regulations. Skidmore deference requires the court to defer to an agency interpretation in subregulatory guidance to the extent that the interpretation is persuasive. (That Skidmore formulation may sound a bit odd, but I get into that in the article.) The nonmainstream discussion in the article has two interrelated components: First, Chevron does not apply to legislative regulations. Legislative regulations are regulations, exemplified in the tax area by the consolidated return regulations under § 1502, where Congress delegated to the IRS the power to make the law. Second, Chevron does apply to interpretive regulations--regulations which interpret the statutory text. Some authors assert that, if Chevron deference applies to give the interpretation the force of law, then the regulation is a legislative regulation with the APA requirements for legislative regulations--promulgation in the Federal Register and prospective application only. The same argument, presumably, would apply if Skidmore or any other deference is given to an IRS interpretation in subregulatory guidance, because by conferring deference the interpretation has the force of law. I disagree with those authors. I assert that a court adopting--deferring to, if you will--an agency interpretation of ambiguous statutory text does not transform interpretation into legislative rulemaking under the APA. Hence, for such agency interpretations promulgation in the Federal Register is not required and the interpretations can apply retroactively. The IRS usually does issue its formal interpretations in regulations subject to notice and comment, so that is not a key difference. But, IRS interpretive regulations can and often do have retroactive effect.
本文讨论了联邦税法和行政法的一个关键交叉点:国税局的规则制定。国税局通过法规和次级法规指导制定影响公众的规则。我首先讨论美国国税局发布此类指导的过程以及IRS使用的主要形式。然后,我讨论了行政法中服从机关法定解释的概念。在行政法中,两种重要的服从制度是雪佛龙服从和斯基德莫尔服从。雪佛龙的尊重要求法院在被解释的法定文本含糊不清且机构解释是合理解释的情况下,在正式指导中服从机构解释,即使法院认为存在更合理的解释。在美国国税局的背景下,雪佛龙的服从适用于财政部条例。斯基德莫尔的尊重要求法院在解释具有说服力的程度上服从次监管指导中的机构解释。(斯基德莫尔的说法听起来可能有点奇怪,但我在文章中对此进行了探讨。)文章中的非主流讨论有两个相互关联的组成部分:首先,雪佛龙不适用立法法规。立法法规是法规,在税收领域的例证是§1502下的合并申报法规,其中国会授予国税局制定法律的权力。其次,雪佛龙确实适用解释性法规——解释法律文本的法规。一些作者断言,如果雪佛龙的服从适用于赋予解释法律效力,那么该法规就是具有《美国行政程序法》对立法法规要求的立法法规——仅在《联邦公报》上公布和预期适用。如果Skidmore或任何其他服从于国税局在次监管指导中的解释,那么同样的论点可能也适用,因为通过给予服从,解释具有法律效力。我不同意这些作者的观点。我断言,法院采用——如果你愿意,也可以是遵从——对模棱两可的法定文本的机构解释,并不会将解释转变为《行政程序法》下的立法规则制定。因此,对于此类机构解释,不需要在《联邦公报》上公布,解释可以追溯适用。美国国税局通常会在法规中发布其正式解释,但需要通知和评论,因此这不是一个关键的区别。但是,美国国税局的解释性规定可以而且经常具有追溯效力。
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引用次数: 0
Reviewing the OECD’s and the EU’s Assessment of Singapore’s Development and Expansion Incentive 回顾经合组织和欧盟对新加坡发展和扩张激励措施的评估
Pub Date : 2018-06-02 DOI: 10.2139/ssrn.3349404
F. Boulogne
This paper analyses and describes which norms can be derived from the OECD’s and the EU’s work on preventing harmful taxation that influence how Singapore should design and administer its Development and Expansion Incentive (‘DEI’). This analysis is relief upon in reviewing the Forum on Harmful Tax Practice’s conclusion that the DEI is not harmful and the decision not to place Singapore on the EU’s list of non-cooperative jurisdictions; a decision that suggests that the Council of the European Union considers Singapore to have adequately implemented the minimum anti-BEPS standards, of which BEPS Action 5 is one. These verdicts are, in the present author’s view, perfectly defensible, but they are nonetheless hard to justify on the basis of the criteria that were supposedly applied by the FHTP and the Council of the European Union. Particularly on the standards of ‘transparency’ and the ‘substantial activity requirement’ it seems difficult to conclude on the basis of the relevant legal provisions in, for instance, the Economic Expansion Incentives (Relief from Income Tax) Act (Chapter 86) or Singapore’s Income Tax Act, that the DEI is really sufficiently transparent and that the right substantial activities are required for the DEI. The present author, therefore, recommends the FHTP and the Council of the European Union to give much more insight as to why, and on which basis, the verdicts in the 2017 Progress Report were ultimately made and why the list of non-cooperative jurisdictions was drawn up as it was.
本文分析和描述了哪些规范可以从经合组织和欧盟在防止有害税收方面的工作中得出,这些税收影响新加坡应该如何设计和管理其发展和扩张激励(“DEI”)。这一分析是在审查有害税务实践论坛的结论,即DEI是无害的,并决定不把新加坡放在欧盟的非合作司法管辖区名单上的救济;这一决定表明,欧盟理事会认为新加坡已经充分实施了反BEPS的最低标准,BEPS行动5就是其中之一。在本作者看来,这些判决是完全有道理的,但是,根据FHTP和欧盟理事会应该采用的标准,很难证明这些判决是正确的。特别是在“透明度”和“实质性活动要求”的标准上,似乎很难根据相关法律规定,例如,《经济扩张激励(所得税减免)法案》(第86章)或新加坡《所得税法》,得出DEI确实足够透明的结论,并且DEI需要正确的实质性活动。因此,本文作者建议FHTP和欧盟理事会更深入地了解,2017年进展报告中的裁决最终是在什么基础上做出的,以及为什么不合作司法管辖区的名单是这样起草的。
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引用次数: 0
Federal Budget 2018–19 SME Tax Update: Tax Cuts for All 联邦预算2018-19中小企业税收更新:对所有人减税
Pub Date : 2018-05-31 DOI: 10.2139/ssrn.3253408
Justin Dabner
A review of the tax changes in the Australian Federal Budget May 2018 as they apply to individuals and SMEs.
对2018年5月澳大利亚联邦预算中适用于个人和中小企业的税收变化进行审查。
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引用次数: 0
Microsimulation Analysis of Optimal Income Tax Reforms: An Application to New Zealand 最优所得税改革的微观模拟分析:以新西兰为例
Pub Date : 2018-05-24 DOI: 10.2139/ssrn.3184654
J. Creedy, N. Gemmell, N. Hérault, Penny Mok
This paper examines the optimal direction of marginal income tax reform in the context of New Zealand, which recently reduced its top marginal income tax rate to one of the lowest in the OECD. A behavioural microsimulation model is used, in which social welfare functions are defined in terms of either money metric utility or net income. The model allows for labour supply responses to tax changes, in which a high degree of population heterogeneity is represented along with all the details of the highly complex income tax and transfer system. The implications of the results for specific combinations of tax rate or threshold changes, that are both revenue neutral and welfare improving, are explored in detail, recognising the role of distributional value judgements in determining an optimal reform.The potential impact of additional income responses is also examined, using the concept of the elasticity of taxable income. Results suggest, under a wide range of parameter values and assumptions, that raising the highest income tax rate and/or threshold, would be part of an optimal reform package.
本文考察了新西兰边际所得税改革的最佳方向,新西兰最近将其最高边际所得税税率降至经合组织中最低的国家之一。使用行为微观模拟模型,其中社会福利函数是根据货币计量效用或净收入来定义的。该模型考虑了劳动力供给对税收变化的反应,其中人口的高度异质性以及高度复杂的所得税和转移制度的所有细节都得到了体现。详细探讨了税率或门槛变化的具体组合的结果的含义,这些变化既对收入中性又对福利改善,并认识到分配价值判断在确定最佳改革中的作用。使用应税收入弹性的概念,还检查了额外收入反应的潜在影响。结果表明,在广泛的参数值和假设下,提高最高所得税税率和/或起征点将是最佳改革方案的一部分。
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引用次数: 0
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Law & Society: Public Law - Tax eJournal
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