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Critical Tax Thinking 批判性税务思维
IF 0.3 Q4 Economics, Econometrics and Finance Pub Date : 2019-04-17 DOI: 10.2139/ssrn.3373965
Edward D. Kleinbard
This presentation considers the aims of critical tax studies and offers three suggestions. First, critical tax papers too often fixate on taxes as both the problem and the solution. In many cases, in particular when progressivity is the aim, public spending is the better policy lever. Second, one should not concede that taxation imposes an inexorable tradeoff between efficiency and equity goals. This again understates the importance of the spending side of things. Taxes are a necessary cost of funding spending, and spending in turn, by reaching places where markets are incomplete, can have efficiency payoffs greater than the deadweight loss of taxation. That is, even a leaky bucket can extinguish a fire. To this end, recent research has pointed to the role of well-designed government spending in encouraging an “inclusive economy,” in which growth is both faster and more broadly shared than would otherwise be the case. Finally, the presentation urges that more work be done on the rhetoric of public finance economics. Both the structure and the vocabulary of standard presentations contained unexamined biases that color the outcomes of policy debates.
本报告考虑了关键税收研究的目的,并提出了三个建议。首先,重要的税务论文往往将税收视为问题和解决方案。在许多情况下,特别是当累进是目标时,公共支出是更好的政策杠杆。其次,我们不应承认,税收在效率和公平目标之间强加了一种不可避免的权衡。这再次低估了消费方面的重要性。税收是资助支出的必要成本,而反过来,通过进入市场不完整的地方,支出可以获得比税收无谓损失更大的效率回报。也就是说,即使是漏水的桶也能灭火。为此,最近的研究指出了精心设计的政府支出在鼓励“包容性经济”方面的作用,在包容性经济中,增长速度更快,共享范围更广。最后,报告敦促在公共财政经济学的修辞上做更多的工作。标准演讲的结构和词汇都包含未经检验的偏见,这些偏见影响了政策辩论的结果。
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引用次数: 0
Residual Profit Allocation by Income 剩余利润按收入分配
IF 0.3 Q4 Economics, Econometrics and Finance Pub Date : 2019-03-22 DOI: 10.2139/SSRN.3358291
M. Devereux, A. Auerbach, M. Keen, P. Oosterhuis, W. Schoen, J. Vella
This chapter sets out our first detailed reform proposal: the Residual Profit Allocation by Income (RPAI). This is one of a family of schemes based on separating multinational profit into ‘routine’ and ‘residual’ profit, a distinction that exists under the current system. The RPAI allocates the right to tax routine profit to the country where functions and activities take place. It allocates the right to tax residual profit to the market, or destination, country where sales are made to third parties. We evaluate the RPAI against our five criteria. We conclude that while it is far from perfect, it performs well against these criteria. Its superior performance stems primarily from allocating taxing rights for residual profit to the destination country, where there is a relatively immobile third party purchaser of goods and services sold by the company.
本章列出了我们的第一个详细的改革建议:按收入分配剩余利润(RPAI)。这是基于将跨国公司利润分为“常规”和“剩余”利润的一系列方案之一,这种区分存在于现行制度下。RPAI将对日常利润征税的权利分配给职能和活动发生的国家。它将对剩余利润征税的权利分配给向第三方销售产品的市场或目的地国家。我们根据我们的五个标准来评估RPAI。我们的结论是,虽然它远非完美,但它在这些标准下表现良好。它的优异表现主要源于将剩余利润的征税权分配给目的地国,那里有一个相对固定的第三方购买者,购买公司销售的商品和服务。
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引用次数: 29
Lost in Translation 迷失在翻译中
IF 0.3 Q4 Economics, Econometrics and Finance Pub Date : 2019-03-15 DOI: 10.2307/j.ctv1q16rrn.6
A. Chodorow
Today’s tax code contains a dizzying array of loss-limiting provisions, serving a wide range of purposes. Some are normative, such as the ban on deducting personal losses, but the vast majority are designed to prevent taxpayers from manipulating the tax rules to gain advantages tax authorities did not intend. These anti-abuse provisions can add significant complexity to the law and are often over- or under-inclusive, sometimes both at the same time. Most articles considering loss limiting provisions focus on only one or two provisions in isolation. This article takes a more comprehensive approach with two key goals. The first is to describe and categorize the different provisions to identify common abuses, key features of the tax law that create the conditions for abuse, and the different techniques used to prevent abuse. The second is to consider and suggest potential changes to these provisions to reduce complexity and improve their efficacy.
今天的税法包含了一系列令人眼花缭乱的损失限制条款,服务于广泛的目的。其中一些是规范性的,比如禁止扣除个人损失,但绝大多数是为了防止纳税人操纵税收规则,以获得税务机关无意获得的好处。这些反滥用条款可能会大大增加法律的复杂性,而且往往是包容性过高或过低的,有时两者同时存在。考虑到损失限制条款的大多数条款只孤立地关注一两个条款。本文采用了一种更全面的方法,有两个关键目标。首先是对不同的条款进行描述和分类,以确定常见的滥用行为,税法的主要特征为滥用创造了条件,以及用于防止滥用的不同技术。第二是考虑并建议对这些规定进行可能的修改,以减少复杂性并提高其效力。
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引用次数: 0
Comment on Selected Aspects of Proposals in Public Consultation Document on Addressing the Challenges of the Digitalization of the Economy 就《应对经济数码化的挑战》公众谘询文件建议的若干范畴发表意见
IF 0.3 Q4 Economics, Econometrics and Finance Pub Date : 2019-03-06 DOI: 10.2139/SSRN.3349186
Stephen E. Shay
This comment was filed in response to the G20/OECD Inclusive Forum’s Public Consultation Document on Addressing the Challenges of the Digitalization of the Economy. The comment supports a re-alignment of the division of corporate income between source and residence countries that is not restricted to digitalized businesses. The comment seeks to contribute to the discussion by outlining a framework for taxing a nonresident taxpayer that is “heavily involved in the economic life of a jurisdiction without a significant physical presence” and includes description of a methodology for attributing income to a non-physical permanent establishment using existing income tax principles.
本评论是对G20/OECD包容性论坛《应对经济数字化挑战公众咨询文件》的回应。该评论支持重新调整企业收入在来源国和居住国之间的分配,而不仅仅局限于数字化企业。该评论试图通过概述对非居民纳税人征税的框架来促进讨论,这些纳税人“大量参与司法管辖区的经济生活,但没有重要的实体存在”,并包括描述使用现有所得税原则将收入归因于非实体常设机构的方法。
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引用次数: 2
Re: Public Consultation Document: Addressing the Tax Challenges of the Digitalisation of the Economy (13 February-6 March, 2019) 回复:公众谘询文件:应对经济数码化带来的税务挑战(2019年2月13日至3月6日)
IF 0.3 Q4 Economics, Econometrics and Finance Pub Date : 2019-03-06 DOI: 10.2139/SSRN.3349119
Dhruv Sanghavi, Julia Uchańska, Pál Sóvág
The need for a global response to the challenges presented by the digitalisation of the economy has been magnified due to various unilateral "interim" measures that countries have begun to adopt. This is because these unilateral measures could fall outside the scope of tax treaties, and result in harmful double taxation. The OECD's public consultation document proposes to design such a global response by amending the existing nexus and profit allocation rules. The terms “nexus rules” and “profit allocation” can be viewed from two perspectives: a. tax claims made by countries under their internal tax laws; and b. restrictions imposed on these claims by tax treaties. It is generally acknowledged that countries, in the exercise of their sovereignty, are free to claim taxing rights in any manner as they may deem fit, although their ability to enforce them may be limited in the case of cross-border scenarios. Given the abundance of ways in which countries may seek to tax their residents and non-residents’ income (whether it emanates from their participation in the digital economy or otherwise), the ends of harmonisation and certainty seem best served through the medium of income tax treaties. This contribution reviews the proposals made in the public consultation document from the perspective of tax treaties.
由于各国开始采取各种单边“临时”措施,全球应对经济数字化带来的挑战的必要性被放大了。这是因为这些单边措施可能超出税收协定的范围,并导致有害的双重征税。经合组织的公众咨询文件建议,通过修改现有的联系和利润分配规则,设计出这样一种全球回应。“联系规则”和“利润分配”这两个术语可以从两个角度来看待:a.各国根据其国内税法提出的税收主张;b.税收协定对这些索赔施加的限制。人们普遍承认,各国在行使其主权时,可以自由地以它们认为合适的任何方式要求征税权,尽管它们在跨国界情况下执行这些权利的能力可能受到限制。考虑到各国可能寻求对其居民和非居民收入征税的多种方式(无论是来自他们参与数字经济还是其他方式),协调和确定性的目的似乎最好通过所得税协定来实现。这篇文章从税收协定的角度审查了公众咨询文件中提出的建议。
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引用次数: 9
Taxation of Intangibles 对无形资产征税
IF 0.3 Q4 Economics, Econometrics and Finance Pub Date : 2019-02-27 DOI: 10.2139/ssrn.3664024
Jinyan Li, Angelo Nikolakakis, N. Bao
This paper examines the tax treatment of intangibles in Canada and recent developments internationally. It suggests that the special features of intangibles and the rapid rise of intangibles as value-drivers in the global economy may render existing tax rules inadequate in defining Canada’s tax base and/or competing for investment in research and development in Canada. Recent developments at the international level (such as the BEPS Project) and national level (such as US 2018 tax reform and changes in Japan, UK and China to implement BEPS recommendations) may point to some directions for Canada to consider.
本文探讨了无形资产在加拿大的税收待遇和国际上的最新发展。报告指出,无形资产的特点以及无形资产在全球经济中作为价值驱动因素的迅速崛起,可能会使现有的税收规则在确定加拿大的税基和/或竞争加拿大的研发投资方面存在不足。国际层面(如BEPS项目)和国家层面(如美国2018年的税收改革以及日本、英国和中国实施BEPS建议的变化)的最新发展可能会为加拿大指明一些方向。
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引用次数: 0
Giving Taxpayer Rights a Seat at the Table 让纳税人的权利有一席之地
IF 0.3 Q4 Economics, Econometrics and Finance Pub Date : 2019-02-08 DOI: 10.2139/SSRN.3331332
Leslie M. Book
How can Congress’ codifying the taxpayer bill of rights make a meaningful difference for tax administration? This is a question that will likely confront academics, policymakers and judges in the next few years. In late 2015, Congress codified the rights that the Internal Revenue Service administratively adopted in 2014, explicitly requiring that the Commissioner ensure that IRS employees receive training and act in accord with them. A recent article by Professors Alice Abreu and Richard Greenstein refers to the codification of TBOR having the power to “transform the tax practice and the relationship between taxpayers and the IRS.” Yet the statute itself is silent on the practical effect of IRS violations of any of the rights and fails to include a specific remedy or enforcement mechanism when the IRS acts inconsistently with or violates those rights. In Facebook v IRS, a federal district court concluded that at least with respect to one of the enumerated taxpayer rights (the right to appeal a decision in an independent forum), the right is not enforceable by taxpayers. This development highlights a central weakness in the current law, namely that there is no formal way to ensure that IRS employees act consistently with or even consider taxpayer rights. In this essay I propose a way to change this shortcoming. I argue that we should focus on rulemaking as a way to operationalize taxpayer rights. Congress should explicitly require the IRS to consider the impact of guidance on taxpayer rights prior to promulgating regulations and other guidance. In so doing, Congress should rely on and expand the role of the office within the IRS that is deeply associated with the increased importance of taxpayer rights, the Taxpayer Advocate Service (TAS).
国会对纳税人权利法案的编纂如何能对税务管理产生有意义的影响?未来几年,学者、政策制定者和法官可能会面临这个问题。2015年底,国会将2014年国税局在行政上采用的权利编纂成法律,明确要求局长确保国税局员工接受培训并按照这些权利行事。艾丽斯·阿布鲁教授和理查德·格林斯坦教授最近发表的一篇文章提到,《劳工法》的编纂有能力“改变税务实践以及纳税人与国税局之间的关系”。然而,该法规本身对国税局违反任何权利的实际影响保持沉默,也没有包括当国税局的行为与这些权利不一致或违反这些权利时的具体补救或执行机制。在Facebook诉IRS一案中,一家联邦地区法院裁定,至少就纳税人列举的一项权利(在独立法庭对某项决定提出上诉的权利)而言,这项权利不能由纳税人强制执行。这一发展凸显了现行法律的一个核心弱点,即没有正式的方式来确保国税局雇员的行为符合纳税人的权利,甚至没有考虑到纳税人的权利。在这篇文章中,我提出了一种改变这一缺点的方法。我认为,我们应该把重点放在规则制定上,作为实施纳税人权利的一种方式。国会应明确要求国税局在颁布法规和其他指南之前考虑指南对纳税人权利的影响。在这样做的过程中,国会应该依靠并扩大国税局内部与纳税人权利日益增加的重要性密切相关的办公室的作用,即纳税人倡导服务(TAS)。
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引用次数: 0
The Marriage of Artificial Intelligence and Tax Law: Past, Present, and Future 人工智能与税法的结合:过去、现在和未来
IF 0.3 Q4 Economics, Econometrics and Finance Pub Date : 2019-01-27 DOI: 10.2139/ssrn.3323867
Błażej Kuźniacki
According to recent research’s prediction, global GDP could be up to 14% higher in 2030 as a result of various artificial intelligence (AI) applications, which is the equivalent of an additional $15.7 trillion. It makes AI oriented sectors the biggest commercial opportunity in the currently supersonic fast changing economy. This contribution, perhaps surprisingly, does not aim to propose how to tax profits generated by AI industries. The author rather takes an attempt to depict a potential of AI technologies to be applied to tax law. Let us see if AI can be happily married with tax law in order to get the best of both worlds.
根据最近的研究预测,由于各种人工智能(AI)的应用,到2030年全球GDP可能会增长14%,相当于额外增加15.7万亿美元。这使得以人工智能为导向的行业成为当前超音速快速变化的经济中最大的商业机会。也许令人惊讶的是,这篇文章并没有提出如何对人工智能产业产生的利润征税的建议。作者试图描述人工智能技术应用于税法的潜力。让我们看看人工智能能否与税法幸福地结合在一起,从而两全其美。
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引用次数: 1
The Parallel Head Taxes of Margaret Thatcher and Barack Obama: Economics As Morality and Its Populist Rejection 玛格丽特·撒切尔和巴拉克·奥巴马的平行人头税:作为道德的经济学及其民粹主义的拒绝
IF 0.3 Q4 Economics, Econometrics and Finance Pub Date : 2019-01-18 DOI: 10.2139/ssrn.3321244
Joshua Cutler
The legacies of Margaret Thatcher and Barack Obama are alike intertwined with failed per capita taxes: Thatcher’s infamous local government poll tax and the individual mandate tax at the heart of Obama’s signature health care reform. Examining these two taxes together reveals that—despite the pronounced differences between the two political leaders—both taxes were conceived, enacted, met with virulent popular opposition, and ultimately repealed under remarkably parallel processes. Both taxes arose out of essentially the same economic idea, and in fact, this animating idea originated from the same small network of think-tank economists in both cases. Crucially, economic theory served as both the technical basis and the moral justification for the taxes. The Thatcher poll tax was morally justified as necessary to increase local government “accountability,” defined economically such that an accountable government is one where all citizens equally bear the full marginal cost of local government spending increases. Likewise, the moral basis of the individual mandate tax was “responsibility,” defined in economic terms such that a responsible person is one who bears the marginal cost imposed on society by their decision not to purchase health insurance. Neither Thatcher nor Obama conceived of or initially supported their respective per capita taxes, which instead arose from small, relatively isolated groups, heavily influenced by academic economists. Accordingly, the taxes were designed to fit abstract economic theories crafted by experts, with little regard for popular opinion or practical and historical experience. Not surprisingly, the taxes proved highly unpopular and hard to implement, imposing heavy political costs on Thatcher, Obama, and their respective parties. Despite the intense opposition from the populace, the major opposition parties initially either supported or at least accepted the taxes, only opposing them after popular anger became undeniable. The real fault lines that emerged were between the establishment political class and the majority of the electorate. This division was characterized by a preference for expert administration based on science—especially neoliberal economic theory—on the one hand, and a preference for popular sovereignty informed by traditional notions of fairness on the other. Popular perceptions of unfairness were amplified by the regressive nature of the taxes, and I argue that regressivity was a logical consequence of the economic theories undergirding the taxes.
玛格丽特·撒切尔和巴拉克·奥巴马的遗产都与失败的人均税收交织在一起:撒切尔臭名昭著的地方政府人头税和奥巴马标志性医疗改革的核心个人强制税。将这两种税种放在一起考察可以发现,尽管两位政治领导人之间存在明显的差异,但这两种税种都是在非常相似的过程中构思、制定、遭遇民众的强烈反对,并最终被废除的。这两种税都产生于本质上相同的经济理念,事实上,在这两种情况下,这一令人振奋的理念源于同一个智囊团经济学家的小网络。至关重要的是,经济理论既为税收提供了技术基础,也为其提供了道德理由。撒切尔人头税在道德上是合理的,因为它是增加地方政府“问责制”所必需的,从经济上讲,一个负责任的政府是一个所有公民平等地承担地方政府支出增加的全部边际成本的政府。同样,个人强制税的道德基础是“责任”,用经济学术语来定义,即负责任的人承担因决定不购买医疗保险而给社会带来的边际成本。撒切尔和奥巴马都没有设想或最初支持他们各自的人均税收,而是由受学术经济学家严重影响的相对孤立的小群体产生的。因此,税收的设计是为了适应专家们精心设计的抽象经济理论,而很少考虑民意或实践和历史经验。不出所料,事实证明这些税收非常不受欢迎,难以实施,给撒切尔、奥巴马和他们各自的政党带来了沉重的政治成本。尽管受到民众的强烈反对,但主要反对党最初要么支持税收,要么至少接受税收,直到民众的愤怒变得不可否认后才反对税收。真正的断层线出现在建制政治阶层和大多数选民之间。这种划分的特点是,一方面偏爱基于科学的专家管理,尤其是新自由主义经济理论,另一方面偏爱基于传统公平观念的人民主权。大众对不公平的看法被税收的累退性放大了,我认为累退性是支撑税收的经济理论的逻辑结果。
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引用次数: 0
Compensation Regimes – An Innovative Tax Treaty Provision When Applied To Cross-Border Regions 补偿制度-适用于跨境地区的创新税收协定条款
IF 0.3 Q4 Economics, Econometrics and Finance Pub Date : 2019-01-01 DOI: 10.2139/ssrn.3779138
Yvette Lind
Cross-border workers fall within a broader category of non-residents as they maintain their original tax residence while often earning income from both the source state and the residence state. The ...
跨境工人属于更广泛的非居民类别,因为他们保持原来的税收居住地,同时经常从来源国和居住国获得收入。…
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引用次数: 0
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EJournal of Tax Research
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