Search Results

31 - 40 of 70 items :

Clear All
Challenges For Countries In Trade In Services’ Negotiations With The Nafta Approach: The Experience Of Chile In The Free Trade Agreement With The United States

I Introduction Chile currently has 25 Free Trade Agreements (FTAs) in force. In economic terms, these agreements represent an 86.3% of Chile’s gross domestic product, cover more than 60 countries Information available at https://www.direcon.gob.cl/acuerdos-comerciales (last visited Jun. 18, 2016). and encompass the quasi-totality of Chilean exports and products. For a small economy like Chile, international trade is an essential tool for economic growth. In this context, the negotiation of a free trade agreement with the United States (U.S.) in 2001

Open access
Posner’s Folly: The End of Legal Pragmatism and Coercion’s Clarity

of consequentialism.” Posner, supra note 36, at 65. This truncation makes Posner’s views somewhat more compatible with the essentialist view expressed here—we need not consider the cosmic effects of the essentialist approach as a consistent consequentialist or utilitarian must seek to somehow do. Posner’s work cannot give us the answer, nor even the tools for a good answer, for restoring or preserving the rule of law, perhaps because this does not seem to be one of his priorities. See, e.g ., “As so often in The Problems of Jurisprudence , Posner then walks

Open access
Toward Natural Born Derivative Citizenship

early twentieth century and codified in the Nationality Act of 1940 as a racially exclusionary tool to avoid granting citizenship to residents of territories acquired from Spain in 1898). In Weedin v . Chin Bow , citizenship claim of a child born abroad to a citizen father who had also been born abroad. The Court stated the English and American common law rule, which did not apply to Chin because: at common law in England and the United States, the rule with respect to nationality was that of the jus soli [right of soil],—that birth within the limits of the

Open access
Good Tax Governance: A Matter of Moral Responsibility and Transparency

improve corporate reputation and regain public trust, corporate social responsibility (CSR) is a helpful tool. Currently, many companies embrace CSR, which entails several kinds of obligations towards the society (§6). The question is, however, whether a business’ CSR should also reflect (moral) leadership in relation to its tax strategy? Moreover, does the ethical obligation to go beyond what is required by the law - key to CSR companies - encompass, for instance, tax transparency? These questions structure this article. It will be argued that in light of CSR, good

Open access
The Parliament Control on Ombudsman Institution

Abstract

The Parliamentary control is exerted not only on the Government but also on some autonomous administrative authorities and on some special bodies under its subordination. The constitutional norms are extremely synthetic on this form of parliamentary control, as only the art. 116 par. 2 of the Constitution stipulates that specialised bodies may be established which to function under Government subordination or as autonomous administrative structures, by organic law.

The Ombudsman Institution is an autonomous administrative authority established according to the Constitutional provisions, the activity of which is under Parliament control.

For the first time, the Ombudsman has been established in Sweden as additional tool to the control exerted by the Parliament on the executive power. Additional guarantees were enforced by it, as being an institution with democratic character, for the defence of the rule of law and for the protection of the individual rights and freedoms.

On the Ombudsman’s appointment and role, the article 58 of the 1991 Romanian Constitution stipulates that the person in charge is to be appointed by the Chamber of Deputies and the Senate in joint meeting, its appointment being of five years and that the Ombudsman cannot have another civil or private service except for the teaching positions in higher education.

Open access
Corporate Social Responsibility, Taxation and Aggressive Tax Planning

Abstract

Society expects companies to take into account the economic, environmental, and social effects of their operations and activities. The concept of corporate social responsibility (CSR) refers to the operations or actions of companies that are above or independent of the limits or minimum requirements set by legislation.

The economic purpose of a company and its responsibilities towards shareholders and debtors, first and foremost, is a natural starting point in reviewing the responsibilities. Also other stakeholders such as employers or public entities as tax collectors have economic requirements and expectations. Responsibility in the context of tax issues has become the topic of greater attention, with a number of stakeholder groups actively reviewing the approaches that companies take to their tax strategies and tax planning activities.

In this article CSR is reviewed especially in the context of taxation. Does CSR have any significance and importance in the context of tax law and especially income taxation? Does CSR set limits on the tax planning of companies, or is there an obligation to pay any more taxes than what has to be paid according to the law and the tax treaties? While the concept of CSR is not a legal one, neither is the approach for these questions in this article only a legal one.

Attitudes towards taxes are often contradictory. On the one hand, taxes are like any other costs for a company, but on the other hand, they are an economic contribution to the society in which the business is conducted.

The phrase “aggressive tax planning”, as opposed to regular or “acceptable” tax planning, has been used on several occasions recently. Taking a purely technical approach to tax planning is unlikely to protect companies from charges of irresponsibility and associated reputational damage. Aggressive tax planning can be characterized, for instance, by an intensive use of legal and financial tools, establishments in foreign tax havens, unbalanced capital structures and transfer prices, or a disingenuous use of tax treaties.

Still, aggressive tax planning is not a legal concept so there is no legal definition for it. Instead, the question is more or less about where to draw the line of moral acceptability, which runs on the inside of the tax planning area. From the CSR point of view, aggressive tax planning can be defined as actions taken by taxpayers which are in the line of requirements of tax law, but which do not meet the reasonable and justified expectations and requirements of the stakeholders.

Open access
Tax Evasion, Tax Avoidance and The Influence of Special Interest Groups: Taxation in Iceland from 1930 to the Present

Iceland, Reykjavík. Retrieved from http://skemman.is/handle/1946/19766. Kukkonen, M. (2008). General Legal Report Yearbook for Nordic Tax Research 2008 (pp. 13-20). Copenhagen: DJÖF Publishing Copenhagen. NORAD, N. A. f. D. C.-o. (2009). Anti-Corruption Approaches: A Literature Review, from http://www.norad.no/en/tools-andpublications/publications/publication?key=119213. OECD. (2012). International Drivers of Corruption: A Tool for Analysis, from http

Open access
Book reviews 2016

and GAARs. Chapters 2-5 serve as building blocks needed for conducting the comparative analysis in Part 2. Therefore, each chapter is a presentation of the theoretical and juridical tools that are to be used in the analysis. The theory and the tools are known, but, nevertheless, the author manages to present them in a short and well-structured manner. The DTAs form one building block, which is presented in Chapter 2. After a short survey on the purpose and use of DTAs and the role of OECD, the focus in Chapter 2 is on the abuse of double tax agreements

Open access
A review of earnings management in private firms in response to tax rate changes

strategy balancers as firms that use exceptional accounting items as earnings management tools. The prediction is that such firms are able to generate high book income and low tax income without affecting the association between financial and tax accounting. They find that these firms engage in less earnings management via standard accounting items than other firms in the event of a CTR cut. In a related paper, Lin et al . (2014) examine the private and public firm response to a CTR reduction from 33 percent to 25 percent in China. The results indicate that the

Open access
Responsible Investment: Taxes and Paradoxes

indirect impact on how society can fulfill its tasks and obligations. Therefore, tax issues can be included on the social factors agenda as well. Furthermore, taxation is one of the most important tools in environmental protection as well. Although this link is very strong at the level of tax policy, it is harder to see that in ESG analyses taxes would have any particular role when assessing a company’s environmental responsibility. The current study attempts to clarify and understand the role played by corporate taxes in the context of SRI. First, while the

Open access