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This book examines the coherent international tax regime that is embodied in both the tax treaty network and in domestic laws, and the way it forms a significant part of international law, both treaty based and customary. The practical implication is that countries are not free to adopt any international tax rules they please, but rather operate in the context of the regime, which changes in the same ways international law changes over time. Thus, unilateral action is possible, but is also restricted, and countries are generally reluctant to take unilateral actions that violate the basic norms that underlie the regime. The book explains the structure of the international tax regime and analyzes in detail how US tax law embodies the underlying norms of the regime.
Income tax --- Business enterprises, Foreign --- Aliens --- Double taxation --- Foreign income --- Taxation --- Law and legislation --- Double taxation. --- Law and legislation. --- Foreign income. --- Law --- General and Others --- Income tax - Foreign income --- Business enterprises, Foreign - Taxation - Law and legislation --- Aliens - Taxation - Law and legislation --- Noncitizens --- International taxation (Double taxation) --- Taxation, Double --- Conflict of laws --- Foreign income, Taxation of --- Taxation of foreign income
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'Avi-Yonah s Advanced Introduction to International Tax Law is a compact and accessible guide to the field. In effect, he has given us two books in one. The first is a very useful general guide to the basics of the rules and how they work in practice, with illuminating international comparisons to the often distinctive US rules. The second is a clear and spirited defense of Avi-Yonah s particular views about international tax policy. These do not attract consensus in the field nor do anyone else s views but they can help stimulate further thinking about these complicated and important issues
Double taxation. --- Taxation --- Law and legislation. --- Impôts --- Double imposition --- Droit --- Droit fiscal international --- International business enterprises --- Entreprises multinationales --- Droit fiscal (droit international) --- Law and legislation --- Impôts
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Taxation --- Law and legislation. --- Droit fiscal international
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Migration has become an increasingly important phenomenon for societies, especially given its highly controversial political dimension. The complexity of the migrant integration process and its many varieties present challenges to policymakers who need high-quality information on which to base decisions. Nowhere is this necessity more pressing than in the development of relevant tax rules that meet the basic requirements of efficiency and equity. Moreover, the ascent of the so-called emerging economies coupled with the stagnation of the richest economies of the world implies reform of the current competition-based international tax regime and the adoption of a more cooperative paradigm. This important and timely book, for the first time in such depth, explores such aspects of the problem as the following: ;migration for tax reasons, especially corporate “inversions” (change in corporate residence for tax purposes);tax consequences related to individuals who receive free or subsidized education in one country and profit from it in another;taxing cross-border retirement income; andmigration-related aspects of tax preferential treatment of the elderly.With particular emphasis on the effects and opportunities created by the changing international tax regime – and with attention to the role of tax treaties and recent court cases – chapters by well known tax experts present evidence on the consequences of migration in all its facets and simulate the effects of several recently enacted and proposed changes in tax law in European countries, the United States, and other jurisdictions. The grounded propositions and recommendations offered in this deeply informed book will allow policymakers to draft tax-residence rules that minimize distortion and promote fairness. The book will also be of interest to tax law practitioners and other tax specialists, migration experts, and academics investigating one of the crucial political issues of our time.
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"Encapsulating the multitude of challenges faced by the international corporate tax regime, this timely Research Handbook provides an in-depth comparative legal analysis of corporate income tax as it is practiced across the world. Beginning with four foundational chapters exploring the purpose and history of corporate tax, the Handbook goes on to provide a synthesis of the key issues in corporate taxation within the US regime, addressing some of the cutting-edge normative issues in designing a corporate tax. It then proceeds to set this against the experience in the EU and eleven other countries including the UK, Canada, China, Japan, India, Brazil and New Zealand. A further section on corporate tax planning includes careful analysis of such issues as corporate tax shelters, economic substance, social responsibility and governance, before final, horizon-scanning chapters consider the future of corporate tax and whether a new form of corporate tax might be possible. With a variety of paths to reform proposed throughout, this Research Handbook will prove an invigorating read for tax scholars working on taxation and tax law as well as for tax practitioners and those in fiscal policy seeking ways to improve, or navigate, the current state of affairs in international corporate tax law"--
Corporations --- תאגידים --- Comparative law. --- משפט משוה. --- Taxation. --- מסוי.
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In 'Global Perspectives on Income Taxation Law', Avi-Yonah covers basic, corporate and international tax law from a comparative perspective. The book both supplements readings in U.S. tax law courses and serves as a textbook for a comparative tax law class.
Income tax --- Law, Politics & Government --- Law, General & Comparative --- Law and legislation --- Law
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