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Two Major Economic Crises in the Early Twenty-First Century and their Impact on Central Bank Independence 21世纪初两次重大经济危机及其对中央银行独立性的影响
IF 1.4 Q3 BUSINESS, FINANCE Pub Date : 2021-05-11 DOI: 10.1515/ael-2020-0139
Marek A. Dąbrowski
Abstract Two major economic crises in the early twenty-first century have had a serious impact on monetary policy and CB independence. Disruption in financial intermediation and associated deflationary pressures caused by the global financial crisis of 2007–2009 and European financial crisis of 2010–2015 pushed central banks (CBs) in major currency areas towards adoption of unconventional monetary policy measures, including large-scale purchase of government bonds (quantitative easing). The same approach has been taken by CBs in response to the COVID-19 crisis in 2020 even if the characteristics of this crisis differ from the previous one. As a result of both crises, CBs have become major holders of government bonds and de facto – main creditors of governments. Against rapidly deteriorating fiscal balances, CBs have become hostages of fiscal policies, which compromises their independence. Risks to the CB independence also come from their additional mandates (beyond price stability) and populist political pressures.
21世纪初的两次重大经济危机对货币政策和央行独立性产生了严重影响。2007-2009年全球金融危机和2010-2015年欧洲金融危机造成的金融中介中断和相关通缩压力,促使主要货币区的央行(CBs)采取非常规货币政策措施,包括大规模购买政府债券(量化宽松)。cb在应对2020年新冠肺炎危机时采取了同样的方法,尽管这次危机的特征与上一次危机有所不同。这两次危机的结果是,央行已成为政府债券的主要持有者,以及事实上的政府主要债权人。面对迅速恶化的财政平衡,央行已成为财政政策的人质,这损害了它们的独立性。欧洲央行独立性面临的风险还来自它们的额外职责(除了稳定价格之外)和民粹主义政治压力。
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引用次数: 5
Collection of Taxes from Ultimate Beneficiaries: Russian Regulatory Model 向最终受益人征税:俄罗斯监管模式
IF 1.4 Q3 BUSINESS, FINANCE Pub Date : 2021-05-10 DOI: 10.1515/ael-2020-0149
I. Tsindeliani, M. Egorova, E. Vasilyeva, Inessa V. Bit-Shabo, V. Kikavets
Abstract The problem of aggressive tax optimization and the related issue of liability of individuals who are the ultimate beneficiaries of company’s tax liabilities are becoming more and more regulatory complex. The purpose of the study, implemented using the system-functional method, is to theoretically substantiate the ways to overcome the problems that arise when collecting taxes in favor of the state from the ultimate beneficiaries. The results of the study indicate that the corporate structure cannot fully protect the beneficiary of an enterprise from property liability for committing a tax offense. The study proposes a strategy to improve the efficiency of collection of receivables from real beneficiaries. The results of this study are of great practical importance for the subjects of legislative initiative and practitioners in the field of tax legal relations. If under the conditions of the Russian legal system until 2016 it was practically impossible to prove the informal connection of a company with an actual beneficiary, then as a result of the adoption of Federal Law No. 401-FZ of November 30, 2016, the courts began to take into account any evidence that could become an argument for bringing the ultimate beneficiary to justice. This in turn led to the emergence of controversial issues. For this reason, the authors highlighted the problems arising as a result of law enforcement.
摘要积极税收优化问题及其相关的个人责任问题,作为公司纳税义务的最终受益人,在监管上变得越来越复杂。使用系统功能方法实施的这项研究的目的是从理论上证实克服从最终受益者那里征收有利于国家的税收时出现的问题的方法。研究结果表明,法人结构不能充分保护企业税收犯罪的受益人不承担财产责任。该研究提出了一项战略,以提高向实际受益人收取应收款的效率。本文的研究结果对税收法律关系领域的立法主体和实践者具有重要的现实意义。如果在俄罗斯法律制度的条件下,直到2016年,几乎不可能证明公司与实际受益人的非正式联系,那么由于2016年11月30日第401-FZ号联邦法的通过,法院开始考虑任何可能成为将最终受益人绳之以法的证据。这反过来又导致了有争议的问题的出现。因此,作者强调了由于执法而产生的问题。
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引用次数: 7
The Decline of Substance over Form in Accounting 会计中实质重于形式的衰落
IF 1.4 Q3 BUSINESS, FINANCE Pub Date : 2021-04-27 DOI: 10.1515/ael-2019-0052
Dov Fischer, Ortal Ellman, Sholom Schochet
Abstract “Substance over form” is a traditional accounting maxim that has also influenced legal thinking and has its roots in classical philosophy. “Substance over form” states that accountants do not record transactions based on the outward form of the transaction but discern its economic substance and report accordingly. Nevertheless, “substance over form” has been deemphasized by the FASB’s conceptual framework in recent decades, to the point that an internal debate now rages over whether accountants and auditors have a right and responsibility to put substance over form. FASB must therefore make its position clear on where it stands in this debate.
摘要“实质重于形式”是一条传统的会计准则,它对法律思想也产生了影响,其根源可以追溯到古典哲学。“实质重于形式”指出,会计人员不根据交易的外在形式记录交易,而是辨别交易的经济实质并据此进行报告。然而,近几十年来,FASB的概念框架已经不再强调“实质重于形式”,以至于内部对会计师和审计师是否有权利和责任将实质重于形式展开了激烈的辩论。因此,美国财务会计准则委员会必须明确其在这场辩论中的立场。
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引用次数: 3
Board Level Employee Representation and Tax Avoidance in Europe 董事会层面的员工代表和避税在欧洲
IF 1.4 Q3 BUSINESS, FINANCE Pub Date : 2021-04-27 DOI: 10.1515/ael-2019-0056
S. Vitols
Abstract In part due to recent disclosures of large-scale tax evasion (e.g. Panama Papers), corporate tax avoidance has become a prominent public policy issue around the world. An increasing amount of research on this topic has focused on identifying the determinants of tax avoidance at the company and country level. Many newer studies examine differences in corporate governance as one of these determinants. However, this literature almost entirely neglects the role of board level employee representation (BLER), despite the fact that this form of ‘stakeholder governance’ is widespread in Europe. This paper addresses this gap in the literature by examining the relationship between BLER and tax avoidance at the company level. Two mechanisms are identified through which BLER might influence corporate tax behavior: 1) reduction in agency costs through monitoring and 2) the voting power of workers as board members to enter into coalitions with management and/or shareholders. Based on a sample of 2343 European listed companies between 2012 and 2017, this paper shows that companies with BLER have a higher effective tax rate (ETR) than companies without workers on the board. The analysis suggests that the ability to form coalitions through voting power is a more significant channel for influencing tax behavior than the monitoring mechanism. The policy implications are that governments should consider ‘stakeholder governance’ such as BLER as one measure supporting their efforts to combat tax avoidance.
越来越多的关于这一主题的研究集中在确定公司和国家层面的避税决定因素。许多较新的研究将公司治理的差异视为这些决定因素之一。然而,这些文献几乎完全忽略了董事会层面的员工代表(BLER)的作用,尽管这种形式的“利益相关者治理”在欧洲很普遍。本文通过在公司层面研究BLER与避税之间的关系来解决这一文献差距。研究确定了两种机制,通过这种机制,BLER可能会影响企业的税收行为:1)通过监督降低代理成本;2)工人作为董事会成员与管理层和/或股东结成联盟的投票权。基于2012年至2017年2343家欧洲上市公司的样本,本文表明,拥有BLER的公司比没有董事会成员的公司具有更高的有效税率(ETR)。分析表明,通过投票权形成联盟的能力是比监督机制更重要的影响税收行为的渠道。政策含义是,政府应该考虑“利益相关者治理”,如BLER,作为支持其打击避税努力的一项措施。
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引用次数: 3
Synthesis of “Economic Transplants: On Lawmaking for Corporations and Capital Markets” 综合“经济移植:论公司与资本市场的立法”
IF 1.4 Q3 BUSINESS, FINANCE Pub Date : 2021-04-09 DOI: 10.1515/ael-2019-0061
K. Langenbucher
Abstract Buzzwords such as “economization”, Çalışkan and Callon (2009) 369. “economic imperialism” Lazear (1999). or “the economist’s hour” Appelbaum (2019). denote the fact that during the last century “economics has become the science of making social choices”. Fourcade (2018) 1. In “economic transplants”, Langenbucher (2017) (where the following footnotes list only pages, they reference this book). I explore how this has happened in European corporate and financial markets law. The book’s focus is on legal reasoning, involving both a hypothesis about where economics’ tempting allure may come from, and an argument on why the underlying disciplinary approaches of law and of economics often don’t necessarily match.
摘要“节约”等流行语,Çalışkan和Callon(2009) 369。“经济帝国主义”,拉泽尔(1999)。或“经济学家的时间”阿佩尔鲍姆(2019)。指出在上个世纪“经济学已经成为一门做出社会选择的科学”这一事实。《四十年》(2018)在“经济移植”中,Langenbucher(2017)(以下脚注仅列出了页面,他们引用了这本书)。我探讨了这在欧洲企业和金融市场法律中是如何发生的。这本书的重点是法律推理,既包括一个关于经济学诱人的吸引力可能来自何处的假设,也包括一个关于为什么法律和经济学的基本学科方法往往不一定匹配的论点。
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引用次数: 0
The Relationship between Taxation, Accounting and Legal Forms 税收、会计和法律形式之间的关系
IF 1.4 Q3 BUSINESS, FINANCE Pub Date : 2021-03-09 DOI: 10.1515/ael-2019-0076
T. Kollruss
Abstract Legal frameworks have an enormous influence on the concrete choice of legal form, especially in (multinational) groups of companies. For example, tax regulations and accounting standards directly influence the legal enterprise’s structure, including the shareholding structures. However, the tax burden must not be understood as a static or a fixed quantity determined in advance. This is because the design or choice of companies’ legal form can also be used as a tool to gain competitive advantages and optimise the tax burden or after-tax profit. Accordingly, the tax-optimising choice of legal form can be used as an instrument for tax planning and internal financing (reduction of tax payments and optimisation of the group tax rate). Therefore, for groups of companies and multinationals, the question that arises is how and within what limits can they make effective use of the cross-border tax rate differential, particularly through structuring their legal form. However, using cross-border tax advantages may be prevented by the controlled foreign corporation (CFC) taxation, called the Anti Tax Avoidance Directive (ATAD), which was introduced in all EU member states from 1 January 2019 onwards due to European law: Art. 7, 8 of Directive 2016/1164 to combat tax avoidance practices. In multinational companies, there is a tension between the tax-optimising choice of legal form, including the structuring of shareholdings, and CFC taxation. It is important to identify the CFC taxation requirements according to ATAD or the respective member state of residence and to avoid these requirements when structuring individual circumstances or investments. An important finding here is that the factual prerequisites for CFC taxation under ATAD are not aligned with the accounting rules, especially controlling interest and control participation. Finally, from an overall perspective, tax-optimised corporate groups’ structure or the legal architecture is not a static variable but an evolving system composed of tax-optimised sub-systems or subgroup structures. This connection between the choice of legal form, shareholding structure and the legal system, tax planning, and tax optimisation in multinational companies is analysed and evaluated based on the Austrian CFC taxation (Sec. 10a CITA) and the German CFC taxation (Sec. 7 FTTA). Furthermore, the implications for companies and society, and the legislator, are highlighted. The article also deals with the relationship between law and tax planning.
法律框架对法律形式的具体选择有着巨大的影响,特别是在(跨国)公司集团中。例如,税收法规和会计准则直接影响到法人企业的结构,包括股权结构。但是,不能把税负理解为一个静态的或预先确定的固定数量。这是因为公司法律形式的设计或选择也可以作为获得竞争优势和优化税负或税后利润的工具。因此,法律形式的税收优化选择可以用作税收规划和内部融资(减少税款和优化集团税率)的工具。因此,对于公司集团和跨国公司而言,出现的问题是,它们如何以及在何种限制范围内有效利用跨境税率差异,特别是通过构建其法律形式。然而,利用跨境税收优惠可能会被受控外国公司(CFC)税收所阻止,即反避税指令(ATAD),根据欧洲法律,该指令自2019年1月1日起在所有欧盟成员国实施:2016/1164号指令第7,8条,以打击避税行为。在跨国公司中,法律形式(包括股权结构)的税收优化选择与CFC税收之间存在紧张关系。重要的是要根据ATAD或各自居住的成员国确定CFC税收要求,并在构建个人情况或投资时避免这些要求。这里的一个重要发现是,ATAD下的CFC税收的事实先决条件与会计规则不一致,特别是控制权益和控制参与。最后,从整体上看,税收优化企业集团结构或法律架构不是一个静态变量,而是一个由税收优化子系统或子集团结构组成的不断演变的系统。根据奥地利CFC税收(CITA第10a条)和德国CFC税收(FTTA第7条),对跨国公司的法律形式、股权结构和法律制度、税收规划和税收优化之间的选择进行了分析和评估。此外,还强调了对公司、社会和立法者的影响。本文还讨论了法律与税收筹划的关系。
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引用次数: 1
Frontmatter
IF 1.4 Q3 BUSINESS, FINANCE Pub Date : 2021-02-19 DOI: 10.1515/ael-2021-frontmatter1
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引用次数: 0
The Code of Capital: How the Law Creates Wealth and Inequality – Core Themes 资本法典:法律如何创造财富和不平等-核心主题
IF 1.4 Q3 BUSINESS, FINANCE Pub Date : 2021-02-12 DOI: 10.1515/ael-2020-0102
Katharina Pistor
Abstract In this brief introduction, I summarize the core themes of my book “The Code of Capital: How the Law Creates Wealth and Inequality”. Capital, I argue, is coded in law – predominantly in a handful of private law institutions. By relying on legal coding techniques, asset holders invoke the right to enforce claims against others, if necessary with the help of the state’s coercive power.
在这篇简短的引言中,我总结了我的书《资本法典:法律如何创造财富和不平等》的核心主题。我认为,资本是写入法律的——主要是在少数私法机构中。通过依靠法律编码技术,资产持有人可以援引对他人强制执行索赔的权利,如有必要,还可以借助国家的强制权力。
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引用次数: 1
The Informal Sector, the “implicit” Social Contract, the Willingness to Pay Taxes and Tax Compliance in Zimbabwe 津巴布韦的非正式部门、“隐性”社会契约、纳税意愿和税收合规
IF 1.4 Q3 BUSINESS, FINANCE Pub Date : 2021-01-07 DOI: 10.1515/AEL-2020-0084
Favourate Sebele Mpofu
Abstract The growth of the informal sector in African countries has largely been viewed as an escape from regulation and deliberate intention to avoid paying taxes and these views have been widely popularised, ignoring significant details to the disadvantage of realistic tax policy design. Zimbabwe adopted a presumptive tax system for various informal sector categories to enlarge the tax base and increase tax revenues mobilised. However, presumptive taxes have not generated significant revenue. Tax compliance in the informal sector has often been studied from the tax structure design, the deterrence model perspective and capacity limitations without paying adequate attention to tax morale. Tax morale can be denoted through the peer effect of the compliance behaviour of other taxpayers, the fulfilment of the psychological social contract, transparency and accountability in the use of tax revenues as well as stakeholder communication, built on mutual trust and respect. In light of these tax morale dimensions, it is evident that tax compliance can never be divorced from the intrinsic motivation to pay taxes. The inextricable link, between tax evasion, tax compliance and tax morale, motivates this study. While previous studies on tax morale have applied single method research approaches, this study adopted a sequential exploratory mixed method research design, combining both qualitative and quantitative (through the use of document reviews, semi-structured interviews and questionnaires) in order to bring a balanced view. The study found out that tax morale was a strong driver of tax evasion and non-tax compliance in the informal sector.
非洲国家非正规部门的增长在很大程度上被视为逃避监管和故意避税的意图,这些观点已经广泛普及,忽略了重要细节,不利于现实的税收政策设计。津巴布韦对各种非正式部门类别采用了假定税收制度,以扩大税基和增加调动的税收。然而,假定的税收并没有产生可观的收入。非正式部门的税收合规研究往往从税收结构设计、威慑模型和能力限制的角度出发,而没有充分关注税收士气。税收士气可以通过其他纳税人的合规行为的同伴效应、心理社会契约的履行、税收使用的透明度和问责制以及建立在相互信任和尊重基础上的利益相关者沟通来表示。鉴于这些税收士气的维度,很明显,纳税合规永远不能脱离纳税的内在动机。逃税、税收合规和税收士气之间的密不可分的联系促使了本研究的进行。以往的税收士气研究采用单一方法研究方法,而本研究采用顺序探索性混合方法研究设计,将定性和定量相结合(通过使用文献综述、半结构化访谈和问卷调查),以带来一个平衡的观点。研究发现,在非正规部门,税收士气是逃税和不纳税行为的一个强大驱动力。
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引用次数: 12
Exploring the Relevance and Reliability of Fair Value Accounting 探讨公允价值会计的相关性和可靠性
IF 1.4 Q3 BUSINESS, FINANCE Pub Date : 2020-12-16 DOI: 10.1515/ael-2020-0086
Y. Fukui, Shizuki Saito
Abstract While the FASB had regarded relevance and reliability as two of the most important qualitative characteristics for years, it replaced reliability with faithful representation revising its Concepts Statement No. 2 in 2010. Even if fair values are relevant for the measurement of assets and liabilities, these figures are not necessarily reliable or verifiable. We believe this point is the central message of Ramanna, K. (2022). Unreliable accounts: How regulators fabricate conceptual narratives to diffuse criticism. Accounting, Economics and Law: A convivium forthcoming. The application of fair value measurement has been substantially extended recently to income recognition of not-for-trading financial instruments and even non-financial assets. Is this extension due to the primacy of relevance over reliability, or the relaxing of requirement for reliability toward faithful representation? Whatever measurement method we use, it is absolutely necessary to construct a system of concepts on which the purpose of measurement should be established. In spite of the fact that any measurement method is a means to intended purposes, if we first chose a particular method and applied it to every situation slavishly, we would become similar to a bogus doctor selling a fake drug as panacea valid for any disease.
虽然FASB多年来一直将相关性和可靠性视为两个最重要的定性特征,但它在2010年修订了其第2号概念声明,用忠实陈述取代了可靠性。即使公允价值与资产和负债的计量有关,这些数字也不一定可靠或可核实。我们认为这一点是Ramanna, K.(2022)的核心信息。不可靠的账目:监管者如何编造概念性叙述来传播批评。会计、经济与法律:即将到来的融合。公允价值计量的应用最近已大大扩展到非交易性金融工具甚至非金融资产的收入确认。这种扩展是由于相关性高于可靠性的首要地位,还是对忠实表示的可靠性要求的放松?无论我们采用何种测量方法,都绝对有必要构建一个概念体系,在这个概念体系的基础上确立测量的目的。尽管任何测量方法都是达到预期目的的一种手段,但如果我们首先选择一种特定的方法,并盲目地将其应用于每种情况,我们就会变得像一个冒名医生一样,把假药当作对任何疾病都有效的灵丹妙药出售。
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引用次数: 3
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Accounting Economics and Law-A Convivium
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