Global Perspectives on Income Taxation Law by Avi-Yonah, Reuven -- Read -- Imperial Library of Trantor

Index

Contents Preface Foreword Introduction 1. Some Theoretical Aspects of “Comparative Taxation”

I. What is comparative taxation? II. Some possible approaches to the study of comparative tax law

A. The functional approach to comparative tax studies B. Comparative tax law as a study of cultural differences C. The critical approach to comparative tax studies D. Comparative tax study as an exercise in economic analysis E. What to expect next

2. Taxable Income

I. Taxable income definition: global vs. schedular and source vs. accretion II. Taxation of fringe benefits III. Imputed income from owner-occupied housing IV. Windfalls V. Damage awards

A. Taxation of damage awards B. Which “damages” receive favorable treatment? physical? mental? reputation?

VI. Cancellation of indebtedness

A. Inclusion of debt relief in gross income B. Exceptions to inclusion

VII. Gifts and bequests

A. Personal gifts and bequests B. Commercial gifts

VIII. The realization requirement

3. Deductions

I. Business expenses

A. Commuting, clothing, and other nondeductible expenses B. Child care costs C. Travel and entertainment D. Capital expenditures E. Depreciation F. Business interest G. Losses

II. Personal expenses

A. Apportionment of personal/business expenses B. Medical expenses C. Charitable contributions D. Home mortgage and other personal interest

4. The Taxpaying Unit

I. Introduction II. The basic issue and the two main models: how should we define taxable units? individual vs. family taxation

A. Concrete examples of countries adopting the individual model B. Concrete examples of countries adopting hybrid solutions C. Concrete example of a country adopting the family model

III. Anti-assignment of income rules

A. The reason for anti-assignment of income rules B. The solutions adopted by some industrialized countries: examples

5. Tax Accounting

I. The taxable period and the accounting period: general definitions

A. Definitions, main issues, and possible solutions B. The solutions adopted by some countries: examples

II. Cash model versus accrual model

A. The accounting methods: cash versus accrual B. The solutions adopted by some countries: examples

III. Net operating losses

A. Main issue and possible solutions B. The solutions adopted by some countries: examples

6. Taxation of Capital Gains and Losses

I. General definitions: capital gain and losses, realization, basis

A. Definition of capital gain or loss B. The concept of realization and recognition C. The concepts of “basis” (or fiscal value) and “amount realized”

II. Nonrecognition transaction and exemption transactions

A. Nonrecognition transactions B. Examples of concrete policy choices

III. Taxation of capital gains and capital losses: ordinary income vs. separate income

7. Tax Avoidance

I. General definitions: tax evasion, tax avoidance, and licit tax savings I. Substance over form (the experience of common law countries) III. Abuse of law (the experience of civil law countries) IV. Hybrid solutions

8. Selected Business Tax Issues

I. Introduction II. The definition of a business entity for tax purposes

A. The importance of entity classification for tax purposes in the study of tax convergence B. Corporate entity definitions for tax purposes: examples from the G7 countries C. Summary

III. Corporate residency

A. Conventional determinants of corporate residency B. Characterizing “real seat” of a corporate entity in the G7 C. Summary

IV. Corporate tax rates V. Some general remarks on corporate tax base VI. Corporate/shareholders tax integration of distributed profits

A. Definition of integration and general issues B. Some specific integration methods adopted by countries

9. Selected International Tax Issues

I. The basic distinction: global jurisdiction model vs. territorial jurisdiction model II. Definition of residence and source III. The two principles of international taxation: the single tax principle and the benefits principle IV. Outbound transactions

A. International tax rules that prevent double taxation B. International tax rules that prevent double nontaxation

V. Inbound transactions VI. Tax treaty models: OECD, UN, and U.S. models

Conclusion Index

A B C D E F G H I J K L M N O P Q R S T U V W Z

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