Debate over the meaning, extension, and proper form of national citizenship is central to American history. This dissertation considers a fundamental obligation of citizenship, the payment of taxes. Focusing on the ratification by the states of the 16th Amendment which made possible the taxation of incomes, it shows how new ideas about the mutual obligations of citizens changed the relationship between Americans and their government with profound consequences for the development of the American state in the 20th century. Ideas of national citizenship contributed to an outcome few at the time expected: 42 of 48 states in a nation steeped in libertarian culture since its founding ratified an amendment awarding the federal government broad, new taxing power. In a detailed analysis of the ratification process in three states - Wisconsin, Virginia and New York - this study demonstrates that ideas about national citizenship structured the politics of ratification. Wisconsin's position in the forefront of Progressive reform and its adoption of a state income tax during the period under study demonstrate the strong affinities between a "new citizenship" and the income tax, factors which led to easy ratification. Virginia's rejection of the amendment was exceptional in a region that largely supported the income tax. In Virginia, a plutocratic political machine, tied to Northeastern industrial interests and strengthened by the recent disenfranchisement of the state's poorer residents, weakened reform efforts and enabled local political elites to ignore the state's strong economic interest in a potential federal income tax. New York's first order economic interests suggested that it would be strongly disposed against the amendment. New Yorkers, then 10 percent of the nation's population, would pay more than 30 percent of an income tax. But unlikely bedfellows among New York's political leadership put forward a patriotic vision of national citizenship. This vision attracted segments of the economic elite, middle-class reformers, and working-class voters to support ratification. The surprising ratification of the 16th Amendment had profound consequences for American federalism. It meant that a minority of wealthy states now owed more to the federal government than their numbers dictated. It enabled a redistribution of income from wealthy states to poorer states that continues to the present day. Ratification also provides a powerful argument against material reductionism in explaining the nature of tax policy and politics in America. It suggests that moral and social considerations - aspects of a nation's political culture, expressed in the American context through evolving ideas of national citizenship - can be critically important in explaining significant changes and movements for tax reform.

This Thesis studies a new and evolving area of international tax law, namely, the international tax law of Brazil, Russia, India, China and South Africa, the 'BRICS', and concludes that the thrust of their divergences from the developed world's international tax law evolves from the necessity to counter the significant illicit outflow of funds while not disturbing inbound FDI or, in recent times, their outbound FDI while ensuring profits are taxed where created. The design of the divergences reflects more on the initial limited manpower capacity of their emerging tax authorities to deal with the complex international tax law issues and politically encouraged policy cooperation amongst the BRICS than it does of actual tax authority cooperation although not wishing to underestimate the importance of that cooperation. Relevant to my conclusions are the published positions of international governance organisations and financing institutions, BRICS tax administrations, scholars and precedent, and I have used that information, both for and against, to arrive at the most rational conclusions. While economic theories may be relevant, they are not relevant to this study. My research questions include what is the basis of the BRICS approach to core international tax law, in what way has their approach to defining evasion and avoidance been driven by the magnitude of profits shifted offshore and particularly to tax havens and whether their divergences from the developed world's approach to countering thin capitalisation, transfer pricing and controlled foreign companies have been fashioned by the necessity for countering the elevated level of abuse. My conclusions also reflect my research on whether the divergences have been designed to counter treaty abuse affiliated with the transactions implemented by MNEs intending to shift the profits offshore or the accumulation of passive income in tax havens and, on whether were the BRICS to localise the BEPS recommendations, would their capacity to counter this abuse be improved. My research also considers whether resolving the disputation arising from the increasing level of tax authority cross border audits and investigations can be facilitated through the adoption of alternative dispute resolution procedures. I also study whether the BRICS' response to the world's growing information exchanging architecture reflects their elevated necessity for gathering information to be used to stem illicit flows, countering international evasion and avoidance and ensuring profits are taxed where created. I conclude the study with recommendations for the BRICS Heads of Revenue to include in a Communique for updating their tax law and procedures which counter the abuse and assist in dispute resolution.

In December 2010 the Treasury Department presented a proposal contain-ing change in regard of current endowment assurance laws and an alterna-tive way of saving financial instruments called Investment Savings Account. The purpose of the proposal is to make investing in financial instruments easier for private investors and to prevent reigning tax evasion regarding endowment assurances. The objective of this thesis is to determine if the proposal will have the desired effect of making investments in financial in-struments easier for private investors. The purpose is also to determine whether the changes imposed by the proposal are relevant and adequate. The proposal suggests that the Investment Savings Account should be sub-jected to flat-rate tax instead of taxation on capital profit upon divestment of financial instruments, which is the case today. By doing this the investor does not have to calculate expenditure costs of investments making declar-ing tax return to the Tax Agency easier. The proposal also includes change regarding endowment assurance laws stating that deposits and withdrawals should affect the capital base of the assurance preventing tax evasion. Fur-thermore the proposal suggests an elevation of tax on endowment assur-ances conform to the tax-rate of the Investment Savings Account. The proposal shows good intentions since the Treasury Department has ac-knowledged that something has to be done concerning taxation on capital. However, the execution is in some areas quite poor. Excessive measures are taken in comparison to what is achieved. Calculations are complicated, mak-ing capital profit and taxation unpredictable for private investors. Elevating taxation on endowment assurances within a Swedish tax system which is al-ready high might impede the financial market.

Människor arbetar utomlands idag i större utsträckning än vad de gjorde förr. Det medför att de påverkas av andra staters lagstiftning och risken uppkommer att det kolliderar med hemstatens lagstiftning som kan leda till internationell juridisk dubbelbeskattning. Interna förfaranden ökar för att undanröja en eventuell juridisk dubbelbeskattning, däribland finns sexmånaders- och ettårsregeln. En person som är obegränsat skattskyldig i Sverige kan till- lämpa dessa regler genom att uppfylla rekvisit som framkommer av 3 kap. 9 § IL och där- med bli skattebefriad på den inkomst som förvärvas utomlands. Vid tillämpning av sexmånaders- och ettårsregeln får kortare avbrott göras om de inte överskrider mer än sex dagar per hel månad eller 72 dagar per anställningsår som framgår av 3 kap. 10 § IL. Av förarbetena till denna regel framgår att regelns syfte bl.a. är att se till att inte alltför långa avbrott görs från tjänstgöringen och att regeln även ska medföra förut- sägbarhet för en person som arbetar utomlands under en begränsad period och vill göra kortare avbrott från den tjänstgöringen. Uppsatsen syftar till att besvara huruvida tillämpningen av kortare avbrott i samband med sexmånaders- och ettårsregeln är förenlig med förarbetena. Enligt ett ställningstagande från Skatteverket fastställs att avbrott från tjänstgöring i Sverige och tredje land högst får uppgå till åtta dagar per hel månad eller 96 dagar per anställningsår. Det framgår inte hur en ut- räkning görs av dagarna, det medför att en förutsägbarhet inte föreligger gällande hur en skattskyldig träffas av ställningstagandet. Det föreligger en osäkerhet i att Skatteverket till synes får ge ett ställningstagande gällande något som redan är lagstadgat. Slutsatsen av denna uppsats är att tolkningen av kortare avbrott inte är förenlig med förar- betena. / People work abroad to a greater extent today than they did in the past. This means that they are affected by other states' legislation and the risk arises that it will collide with the home states' legislation that could lead to an international juridical double taxation. This increases the meaning of internal procedures to eliminate any international double taxation, for example the six-month-rule and one-year-rule. A person with unlimited tax liability in Sweden can use these rules by meeting the requirements found in chapter 3 9 § IL and thus be exempted from tax on income derived from abroad. The application of the six-month-rule and one-year-rule allows that shorter interruptions may be made if they do not exceed more than six days per full month or 72 days per year of employment as prescribed in chapter 3 10 § IL. The preambles of this rule states that the rule in particular seeks to ensure that not too long interruptions are made during an em- ployment and to give predictability to a person working abroad for a limited time and who wants to make a shorter interruption during the employment. This thesis seeks to answer whether the application of a shorter interruption in the six- month-rule and one-year-rule is compatible with the preambles. According to a statement from Skatteverket it is stated that the interruption from an employment in Sweden and a third country may not exceed eight days per full month or 96 days per year of employment. It is not clear how a calculation is made of the days which means that there is no predicta- bility when a taxpayer makes a shorter interruption. It is also unpredictable that Skattever- ket can make statement as it seems regarding something that is already legislated. The conclusion of this thesis is that the interpretation of a short interruption is not consi- stent with the preambles.

In recent years transfer pricing has become one of the most important issues for tax authorities and companies. As the area has become more complex this has lead to an increase in disputes and a need for dispute resolution procedure. Advanced Pricing Arrangement (APA) is the latest dispute resolution procedure and was introduced in Sweden in 2010. APAs determine a taxpayer’s future taxation of cross-border transaction by a taxpayer. Through co-operation the taxpayer and the tax authorities reach an APA that aims to avoid double taxation. The legislation is based on the guidance from the Organization for Economic Co-operation and Development (OECD) and it serves as a framework for many domestic legislations. Other countries with more experience from APAs have implemented additional guidance from the OECD in its legislation but the Swedish legislation has left some options outside. The Swedish APA does not allow for unilateral APAs where an agreement is concluded only with one tax authority in a cross-border transaction. In Sweden, only APAs negotiated with other tax authority are allowed. To increase legal certainty where unilateral APAs are the best or only way Sweden should implement them it its legislation. As the APA process is costly and complex small and medium companies cannot benefit from the advantages. In order for smaller companies to be able to take advantage of the APA program a simplified system should be implemented. In some countries the tax administrations also allows the APA to be applicable retrospective, referred to as roll-back. Through a roll-back taxpayers can avoid potential disputes regarding past transactions as well as the advantages from the APA for future transactions. This can be done while a taxpayer is under audit and is considered a less hostile alternative.

No description available.

Canada and Taiwan have not entered into a tax treaty. Consequently, because each jurisdiction uses different connecting factors, that is 'residence' in Canada and 'income source' in Taiwan, double taxation may occur for individuals subject to tax in both jurisdictions. With the increasing number of Taiwanese immigrants to and investors in Canada, double taxation is becoming a significant problem. A treaty is probably the most efficient mechanism to resolve the double taxation problem. However, the political issue is how can a nation (Canada) enter into a treaty with a jurisdiction (Taiwan) that it does not recognize as a nation state? Despite facing the same problem, on May 29, 1996 Australia signed a tax agreement with Taiwan concerning the avoidance of double taxation and the prevention of tax evasion. The Australia-Taiwan Tax Agreement is unique because it was signed by two private sector organizations rather than by the respective governments. Using the same mechanism, New Zealand and Vietnam have signed tax agreements with Taiwan as well. This thesis analyses the likelihood of Canada entering into a tax treaty with Taiwan. In so doing, it considers how double taxation arises, reviews the foreign reporting rules and argues that a tax treaty between Canada and Taiwan is desirable. The conclusion is that, theoretically and pragmatically, a tax treaty (or agreement) between Canada and Taiwan is possible and needed in order to relieve punitive double taxation and to facilitate bilateral economic and trading relations between the two jurisdictions.

Tax avoidance is an exceedingly complex area of law. It is also a matter generally found not far from the headlines, or from the concerns of state and policy forums such as the G8 and the OECD. In an increasingly capital mobile world, the concern on the part of Governments for the protection of their sources of revenue has increased. Adam Smith’s four canons of taxation are well known. In his work, The Wealth of Nations, Smith regarded the values of certainty, equity, efficiency and convenience as integral to the functioning of a tax system. Among these, however, Smith would seem to have regarded certainty as of particular significance. The prominence afforded to the value of certainty, in conjunction with the smaller role afforded the state likely contributed to the formalistic approach taken by the courts of the British Commonwealth to the interpretation of taxing statutes. In recent times, however, the importance of certainty among policy makers and jurists has declined. Although this is not to contend that the value of certainty has ceased to be a consideration, it would seem to have come to be regarded as a lesser value among many rather than an end in itself. Although the optimal level of certainty within a jurisdiction is undoubtedly a matter for debate, the presence of uncertainty may carry with it a number of risks and unintended consequences which may hinder the achievement of the ends sought after by policy makers. These may include an increase in the rate of capital flight and in the use of asset sheltering devices, a decrease in the incidence of economic activity, and decreased rates of compliance among taxpayers. The value of certainty, in other words, may be of greater significance to the efficient functioning of a tax system than it has in recent times been thought to be. In contending with tax avoidance, the countries of the British Commonwealth tend to employ either one of two instruments; a statutory General Anti-Avoidance Rule (GAAR) or a judicial doctrine; an innovation of the common law. In this thesis, the writer sets out to examine the judicial doctrine applied in the jurisdiction of the United Kingdom (UK), and the statutory GAARs deployed in Canada and New Zealand, and the respective implications of each instrument for the value of certainty. While the difference in the implications presented by the application of a broad judicial doctrine and a narrow GAAR may be slight, it is the writer’s contention that, all things held equal, the use of a judicial doctrine is likely to have a less deleterious effect on the value of certainty than a GAAR. Accordingly, it is the writer’s contention that the use of a judicial doctrine is for this reason be preferred.

Diss. Stockholm : Handelshögskolan, 2007.

Diss. Stockholm : Stockholms universitet, 2006.