Pub Date : 2022-11-01DOI: 10.32721/ctj.2022.70.3.wood
J. Wood
While the potential economic efficiency, equity, and political acceptability benefits of a revenue-neutral carbon tax have been well studied, a deeper question remains about the feasibility of revenue neutrality in practice. This article provides perspective on this issue by assessing different definitions of revenue neutrality and presenting an in-depth discussion of the motivations for the adoption of revenue-neutral carbon taxes. Two examples of carbon taxes and revenue recycling implemented in Canada are examined: British Columbia's revenue-neutral carbon tax (a carbon tax with offsetting tax cuts) and the Canadian federal government's fuel charge and climate action incentive tax credit (a carbon tax and dividend). The BC case serves to highlight the inherent difficulties of assessing revenue neutrality owing to uncertainty about what would have occurred in the absence of the tax. As time passes following initial implementation of the tax, it becomes increasingly difficult to determine whether, and to what extent, government revenue, income tax rates, the overall tax structure, and the tax base might have differed had the tax not been adopted. The federal example suggests that a carbon tax and dividend policy would be better able to ensure revenue neutrality.
{"title":"Is Revenue Neutrality in Carbon Taxation Possible in Practice? Lessons from the Canadian Experience","authors":"J. Wood","doi":"10.32721/ctj.2022.70.3.wood","DOIUrl":"https://doi.org/10.32721/ctj.2022.70.3.wood","url":null,"abstract":"While the potential economic efficiency, equity, and political acceptability benefits of a revenue-neutral carbon tax have been well studied, a deeper question remains about the feasibility of revenue neutrality in practice. This article provides perspective on this issue by assessing different definitions of revenue neutrality and presenting an in-depth discussion of the motivations for the adoption of revenue-neutral carbon taxes. Two examples of carbon taxes and revenue recycling implemented in Canada are examined: British Columbia's revenue-neutral carbon tax (a carbon tax with offsetting tax cuts) and the Canadian federal government's fuel charge and climate action incentive tax credit (a carbon tax and dividend). The BC case serves to highlight the inherent difficulties of assessing revenue neutrality owing to uncertainty about what would have occurred in the absence of the tax. As time passes following initial implementation of the tax, it becomes increasingly difficult to determine whether, and to what extent, government revenue, income tax rates, the overall tax structure, and the tax base might have differed had the tax not been adopted. The federal example suggests that a carbon tax and dividend policy would be better able to ensure revenue neutrality.","PeriodicalId":375948,"journal":{"name":"Canadian Tax Journal/Revue fiscale canadienne","volume":null,"pages":null},"PeriodicalIF":0.0,"publicationDate":"2022-11-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"124978116","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}
Pub Date : 2022-11-01DOI: 10.32721/ctj.2022.70.3.taylor
Roger Taylor, Marie-Claude Marcil
In 1998, the Supreme Court of Canada issued its decision in Duha Printers. This was the first case dealing with the concept of de jure control of a corporation that the court had considered since its decision in Imperial General Properties in 1985. In Duha Printers, the court effectively restored the Buckerfield's test of control and set out a schematic basis for determining the person (if any) that controls a corporation at a particular time, and the evidentiary basis on which that person could be legally deprived of such control. The court's reasons for judgment raise a number of issues in respect of the concept of de jure control, including the scope of application of the decision, the continuing authority of the Supreme Court's two decisions previous to Duha Printers that appeared to have strayed from the Buckerfield's test of control, the limitation of the category of agreements that may be relevant to the control question, and the scope of and rationale for exceptions to that limitation. This article explores a number of de jure control issues decided or commented on by the court, and raised by the reasons for judgment, in Duha Printers.
1998年，加拿大最高法院对杜哈印刷公司一案作出裁决。这是法院自1985年对Imperial General Properties一案作出判决以来，审理的第一起涉及公司法定控制权概念的案件。在Duha Printers一案中，法院有效地恢复了巴克菲尔德的控制权测试，并为确定在特定时间控制公司的人(如果有的话)以及该人可以在法律上被剥夺这种控制权的证据基础，制定了一个概要基础。法院的判决理由提出了有关法律上控制概念的若干问题，包括决定的适用范围、最高法院在Duha Printers案之前似乎偏离了巴克菲尔德控制标准的两项决定的持续权威、可能与控制问题有关的协议类别的限制、以及该限制的例外范围和理由。本文探讨了法院在Duha Printers一案中决定或评论的一些法律上的控制问题，以及由判决原因引起的问题。
{"title":"Duha Printers Revisited: Issues Regarding Corporate Control","authors":"Roger Taylor, Marie-Claude Marcil","doi":"10.32721/ctj.2022.70.3.taylor","DOIUrl":"https://doi.org/10.32721/ctj.2022.70.3.taylor","url":null,"abstract":"In 1998, the Supreme Court of Canada issued its decision in Duha Printers. This was the first case dealing with the concept of de jure control of a corporation that the court had considered since its decision in Imperial General Properties in 1985. In Duha Printers, the court effectively restored the Buckerfield's test of control and set out a schematic basis for determining the person (if any) that controls a corporation at a particular time, and the evidentiary basis on which that person could be legally deprived of such control. The court's reasons for judgment raise a number of issues in respect of the concept of de jure control, including the scope of application of the decision, the continuing authority of the Supreme Court's two decisions previous to Duha Printers that appeared to have strayed from the Buckerfield's test of control, the limitation of the category of agreements that may be relevant to the control question, and the scope of and rationale for exceptions to that limitation. This article explores a number of de jure control issues decided or commented on by the court, and raised by the reasons for judgment, in Duha Printers.","PeriodicalId":375948,"journal":{"name":"Canadian Tax Journal/Revue fiscale canadienne","volume":null,"pages":null},"PeriodicalIF":0.0,"publicationDate":"2022-11-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"130254165","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}
Pub Date : 2022-07-01DOI: 10.32721/ctj.2022.70.2.pfp
Tanzeela Ayub, Michaël Pereira
Cet article donne un aperçu des questions fiscales américaines auxquelles sont susceptibles d'être exposées les successions étrangères dont les bénéficiaires sont des particuliers américains. Même si les familles peuvent mettre en œuvre des stratégies de planification pour gérer efficacement le transfert de patrimoine du point de vue national, les lois fiscales américaines peuvent créer des problèmes complexes et entraîner des conséquences négatives pour les imprudents. Cet article vise à présenter les considérations générales sur la fiscalité américaine pour une succession étrangère, y compris l'application possible des règles anti-report d'impôt régissant les sociétés de placement étrangères passives (SPEP) et les sociétés étrangères contrôlées (SEC). L'article comporte une étude de cas qui illustre comment ces règles peuvent s'appliquer aux bénéficiaires américains d'une succession canadienne si celle-ci détient des actions d'une SPEP ou d'une SEC. Il propose également quelques lignes directrices et stratégies pour réduire les conséquences américaines potentiellement néfastes et atténuer certains risques fiscaux.
{"title":"Planification fiscale personnelle : Les enjeux pour les bénéficiaires américains de successions canadiennes","authors":"Tanzeela Ayub, Michaël Pereira","doi":"10.32721/ctj.2022.70.2.pfp","DOIUrl":"https://doi.org/10.32721/ctj.2022.70.2.pfp","url":null,"abstract":"Cet article donne un aperçu des questions fiscales américaines auxquelles sont susceptibles d'être exposées les successions étrangères dont les bénéficiaires sont des particuliers américains. Même si les familles peuvent mettre en œuvre des stratégies de planification pour gérer efficacement le transfert de patrimoine du point de vue national, les lois fiscales américaines peuvent créer des problèmes complexes et entraîner des conséquences négatives pour les imprudents. Cet article vise à présenter les considérations générales sur la fiscalité américaine pour une succession étrangère, y compris l'application possible des règles anti-report d'impôt régissant les sociétés de placement étrangères passives (SPEP) et les sociétés étrangères contrôlées (SEC). L'article comporte une étude de cas qui illustre comment ces règles peuvent s'appliquer aux bénéficiaires américains d'une succession canadienne si celle-ci détient des actions d'une SPEP ou d'une SEC. Il propose également quelques lignes directrices et stratégies pour réduire les conséquences américaines potentiellement néfastes et atténuer certains risques fiscaux.","PeriodicalId":375948,"journal":{"name":"Canadian Tax Journal/Revue fiscale canadienne","volume":null,"pages":null},"PeriodicalIF":0.0,"publicationDate":"2022-07-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"125056855","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}
Pub Date : 2022-07-01DOI: 10.32721/ctj.2022.70.2.plekhanova
V. Plekhanova
Informed by Aristotle's theory of justice and Reuven Avi-Yonah's views about goals of taxation, this article formulates a reciprocity-based framework for a systematic assessment of the normative merits and effectiveness of taxes, and tests this framework using the diverted profits tax (DPT) and the digital services tax (DST) imposed by the United Kingdom on some multinationals. This assessment is helpful in identifying changes in tax design and other conditions that may be necessary to make a particular tax "just" in terms of absolute or relative substantive justice. Drawing on Aristotle's types of justice, taxes can be classified as universal, distributive, or corrective. From a reciprocity perspective, each tax, depending on its type, contributes to the well-being of a community, but in a different way: universal taxes are contributions to the provision of public goods generally; distributive taxes ensure that members of the community who can pay more contribute more to the provision of public goods; and corrective taxes aim to prevent tax free-riding and seek compensation from free-riders for the harms that they cause by not paying taxes and thus jeopardizing the provision of public goods. This article concludes that the UK DPT is a corrective tax, and it is a just tax. In contrast, the UK DST is likely a distributive tax, and it is just only if its economic burden falls on the firms providing widely used digital platforms. Broadening the tax base would transform the UK DST into a universal tax and change its primary goal from wealth distribution to revenue raising. As a universal tax, the UK DST can be viewed as a just tax because the production and distribution of digital services require extensive use of specific public goods, such as the Internet's infrastructure.
{"title":"Taxes Through the Reciprocity Lens","authors":"V. Plekhanova","doi":"10.32721/ctj.2022.70.2.plekhanova","DOIUrl":"https://doi.org/10.32721/ctj.2022.70.2.plekhanova","url":null,"abstract":"Informed by Aristotle's theory of justice and Reuven Avi-Yonah's views about goals of taxation, this article formulates a reciprocity-based framework for a systematic assessment of the normative merits and effectiveness of taxes, and tests this framework using the diverted profits tax (DPT) and the digital services tax (DST) imposed by the United Kingdom on some multinationals. This assessment is helpful in identifying changes in tax design and other conditions that may be necessary to make a particular tax \"just\" in terms of absolute or relative substantive justice. Drawing on Aristotle's types of justice, taxes can be classified as universal, distributive, or corrective. From a reciprocity perspective, each tax, depending on its type, contributes to the well-being of a community, but in a different way: universal taxes are contributions to the provision of public goods generally; distributive taxes ensure that members of the community who can pay more contribute more to the provision of public goods; and corrective taxes aim to prevent tax free-riding and seek compensation from free-riders for the harms that they cause by not paying taxes and thus jeopardizing the provision of public goods. This article concludes that the UK DPT is a corrective tax, and it is a just tax. In contrast, the UK DST is likely a distributive tax, and it is just only if its economic burden falls on the firms providing widely used digital platforms. Broadening the tax base would transform the UK DST into a universal tax and change its primary goal from wealth distribution to revenue raising. As a universal tax, the UK DST can be viewed as a just tax because the production and distribution of digital services require extensive use of specific public goods, such as the Internet's infrastructure.","PeriodicalId":375948,"journal":{"name":"Canadian Tax Journal/Revue fiscale canadienne","volume":null,"pages":null},"PeriodicalIF":0.0,"publicationDate":"2022-07-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"127434845","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}
Pub Date : 2022-07-01DOI: 10.32721/ctj.2022.70.2.pf.cooke
Susie Cooke, A. Sui
Globally, we are seeing record numbers of people leaving their jobs and in many cases making significant career changes. In tax, this is resulting in a shrinking talent pool, making it even harder to find people with the necessary skills to fill these gaps. At the same time, the requirements and demands imposed on tax professionals are increasing and expanding. In this article, the authors look at how tax technologists and technological solutions such as machine learning can help.
{"title":"Policy Forum: Technology and the Evolving Workforce","authors":"Susie Cooke, A. Sui","doi":"10.32721/ctj.2022.70.2.pf.cooke","DOIUrl":"https://doi.org/10.32721/ctj.2022.70.2.pf.cooke","url":null,"abstract":"Globally, we are seeing record numbers of people leaving their jobs and in many cases making significant career changes. In tax, this is resulting in a shrinking talent pool, making it even harder to find people with the necessary skills to fill these gaps. At the same time, the requirements and demands imposed on tax professionals are increasing and expanding. In this article, the authors look at how tax technologists and technological solutions such as machine learning can help.","PeriodicalId":375948,"journal":{"name":"Canadian Tax Journal/Revue fiscale canadienne","volume":null,"pages":null},"PeriodicalIF":0.0,"publicationDate":"2022-07-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"126808466","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}
Pub Date : 2022-07-01DOI: 10.32721/ctj.2022.70.2.pf.caines
Ian Caines
This article discusses some of the author's experiences with technology and technological change in the context of a tax-law practice. The article then describes some ideas for simple tools that might be of value to tax practitioners in the areas of document management and automated income tax analysis, as suggestions for possible future development work.
{"title":"Policy Forum: Some Technology for Tax Lawyers","authors":"Ian Caines","doi":"10.32721/ctj.2022.70.2.pf.caines","DOIUrl":"https://doi.org/10.32721/ctj.2022.70.2.pf.caines","url":null,"abstract":"This article discusses some of the author's experiences with technology and technological change in the context of a tax-law practice. The article then describes some ideas for simple tools that might be of value to tax practitioners in the areas of document management and automated income tax analysis, as suggestions for possible future development work.","PeriodicalId":375948,"journal":{"name":"Canadian Tax Journal/Revue fiscale canadienne","volume":null,"pages":null},"PeriodicalIF":0.0,"publicationDate":"2022-07-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"123393608","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}
Pub Date : 2022-07-01DOI: 10.32721/ctj.2022.70.2.ptp
Tanzeela Ayub, Michael Pereira
This article provides an overview of US tax issues that foreign estates with US individual beneficiaries may face. While families may implement planning strategies to effectively manage the transfer of wealth from a domestic perspective, US tax laws can create complex problems and at times adverse consequences for the unwary. The main goal of this article is to identify the general US tax considerations for a foreign estate, including the potential application of the anti-tax-deferral rules governing passive foreign investment companies (PFICs) and controlled foreign corporations (CFCs). A case study is included to illustrate how these rules may apply to US beneficiaries of a Canadian estate if the estate holds shares of a PFIC or a CFC. The article also offers a few guidelines and strategies to reduce potentially adverse US consequences and to mitigate some of the tax risks.
{"title":"Personal Tax Planning: What Is at Stake for US Beneficiaries of Canadian Estates","authors":"Tanzeela Ayub, Michael Pereira","doi":"10.32721/ctj.2022.70.2.ptp","DOIUrl":"https://doi.org/10.32721/ctj.2022.70.2.ptp","url":null,"abstract":"This article provides an overview of US tax issues that foreign estates with US individual beneficiaries may face. While families may implement planning strategies to effectively manage the transfer of wealth from a domestic perspective, US tax laws can create complex problems and at times adverse consequences for the unwary. The main goal of this article is to identify the general US tax considerations for a foreign estate, including the potential application of the anti-tax-deferral rules governing passive foreign investment companies (PFICs) and controlled foreign corporations (CFCs). A case study is included to illustrate how these rules may apply to US beneficiaries of a Canadian estate if the estate holds shares of a PFIC or a CFC. The article also offers a few guidelines and strategies to reduce potentially adverse US consequences and to mitigate some of the tax risks.","PeriodicalId":375948,"journal":{"name":"Canadian Tax Journal/Revue fiscale canadienne","volume":null,"pages":null},"PeriodicalIF":0.0,"publicationDate":"2022-07-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"123657810","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}
Pub Date : 2022-07-01DOI: 10.32721/ctj.2022.70.2.pf.rocha
Melina Rocha
In this article, the author reviews the importance of electronic invoicing (e-invoicing) in value-added tax systems from the perspective of both government and taxpayers. E-invoicing is defined as the adoption of a standard requiring that businesses issue invoices containing mandatory information related to the supply in a prescribed electronic format, and transmit to the tax administration in real time through a specified electronic system. The author also analyzes the development of e-invoicing systems around the world, beginning with the Latin American pioneers and then proceeding to recent experiences in Europe. The experience in Latin America shows that governments can gain from e-invoicing through the reduction of tax fraud and the consequent increase in government revenue, while the experience in Europe shows that businesses have their own reasons for promoting e-invoicing, most notably to reduce compliance costs. In conclusion, the author suggests avenues for introducing e-invoicing into the Canadian goods and services tax/harmonized sales tax system.
{"title":"Policy Forum: How Canada Could Benefit from E-Invoicing for GST/HST Purposes","authors":"Melina Rocha","doi":"10.32721/ctj.2022.70.2.pf.rocha","DOIUrl":"https://doi.org/10.32721/ctj.2022.70.2.pf.rocha","url":null,"abstract":"In this article, the author reviews the importance of electronic invoicing (e-invoicing) in value-added tax systems from the perspective of both government and taxpayers. E-invoicing is defined as the adoption of a standard requiring that businesses issue invoices containing mandatory information related to the supply in a prescribed electronic format, and transmit to the tax administration in real time through a specified electronic system. The author also analyzes the development of e-invoicing systems around the world, beginning with the Latin American pioneers and then proceeding to recent experiences in Europe. The experience in Latin America shows that governments can gain from e-invoicing through the reduction of tax fraud and the consequent increase in government revenue, while the experience in Europe shows that businesses have their own reasons for promoting e-invoicing, most notably to reduce compliance costs. In conclusion, the author suggests avenues for introducing e-invoicing into the Canadian goods and services tax/harmonized sales tax system.","PeriodicalId":375948,"journal":{"name":"Canadian Tax Journal/Revue fiscale canadienne","volume":null,"pages":null},"PeriodicalIF":0.0,"publicationDate":"2022-07-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"114350702","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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