Richard Krever

Richard Krever
University of Western Australia | UWA · Faculty of Law

About

168
Publications
97,501
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200
Citations
Citations since 2017
54 Research Items
138 Citations
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2017201820192020202120222023051015202530
2017201820192020202120222023051015202530
Introduction
Skills and Expertise

Publications

Publications (168)
Article
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In this article, the authors examine the Australian government’s newly proposed international tax reform initiatives, which focus on base erosion and profit shifting after a long hiatus.
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In this article, Khan Niazi and Krever examine a European Commission ruling that classified the U.K. controlled foreign corporation group financing exemptions as illegal state aid and has now been upheld by the General Court of the European Union. They argue that unlike the commission’s previous state aid cases, which hinged on private rulings invo...
Article
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In this article, the authors examine the Australian Taxation Office’s application of the country’s quasi-business loss limitation rules to companies suffering unexpected losses attributable to COVID-19, bushfires, and floods.
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Migrant female domestic workers are subject to an overarching system of isolation, subordination, and exploitation due to the intersection of their gender, low education, and foreign-migrant status. This is a study of Indonesian female migrant domestic workers and their actual experiences in the six distinct stages of their journey that have not be...
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This article surveys the development of, and shifting rationale for, Australia’s concessional employee share scheme tax regime. The Australian government’s annual budget for the 2022-2023 fiscal year announced a dramatic expansion of its tax concession regime for employee share schemes.
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Using both quantitative and qualitative content analysis, this study investigates how two Chinese Communist Party newspapers frame the same story to international and national audiences. The empirical findings illustrate how propaganda techniques originally developed and applied in Western and democratic countries have been adopted and refined by n...
Article
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The proprietary nature of corporate management tax policy and corporate tax return information results in very little information being known about the tax aggressive behaviour of these entities. Despite this lack of inside knowledge, tax scholars have continued to attempt to identify corporate tax aggressiveness via the use of proxies using public...
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After 30 years of orthodox socialism, in 1979 China opened the door to a market economy. The unleashed entrepreneurial spirit and rapid accumulation of savings and investment led to an unparalleled economic growth. Remarkably, investment, companies and even stock exchanges proceeded without accounting standards as known in the rest of the world. It...
Article
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The disclosure of tax information by corporate taxpayers is often thought to be an important tool in the quest by tax administrators to reduce multinational tax avoidance. To date, most initiatives have involved disclosure to revenue authorities. A second limb to disclosure is the provision of tax information to shareholders and the general public....
Article
Citizens’ views of the political, social and economic character of foreign countries is largely based on the valence frames – positive, neutral or negative – established in newspaper articles consumed directly from the press or indirectly through republication. Looking at stories on China's one-child policy in the Australian press, the study used a...
Research
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Published as Chapter 3 in G. Kofler, M. Lang, J. Owens, P. Pistone, A. Rust, J. Schuch, K. Spies and C. Staringer (eds.), The Implementation and Lasting Effects of the Multilateral Instrument (IBFD, 2021).
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This article compares VAT compliance costs in OECD countries with those in China, a significant competitor and trading partner of most OECD countries.
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In this article, the authors consider the possible impact of recent proposed changes to Australia’s definition of corporate tax residency.
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While the impact of fake news on viewers, particularly marginalized media users, has been a cause of growing concern, there has been little attention paid to the phenomenon of deliberately “manipulated” news published on social media by mainstream news publishers. Using qualitative content analysis and quantitative survey research, this study showe...
Article
Purpose Tax policymakers are currently navigating a path through a delicate dialectic of macro- and micro-level policy responses to the economic dislocation of the COVID-19 pandemic. The purpose of this paper is to examine initial tax measures that are aimed at helping taxpayers needing liquidity, solvency and income support. Design/methodology/ap...
Chapter
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Australia was a relatively early adopter of rules to attribute income derived through a controlled foreign company (CFC) to resident shareholders. The development mirrored the country’s shift in the last decades of the 20th century from the territorial source-based system on which the Australian income tax system was established in the late 19th ce...
Chapter
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In the last two decades, controlled foreign company (CFC) legislation has become a central measure in the arsenal of provisions adopted by advanced and less advanced economies to counter tax avoidance achieved by routing investments through lower tax jurisdictions. CFC rules allow authorities to pierce the corporate veil of controlled companies and...
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In this article, the authors explain the compromise approach developed by courts when setting transfer prices for transactions where there are no actual comparable arm’s length prices and illustrate the process with recent examples from Australia.
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This article explores the compliance burden imposed by the value added tax (VAT), which has traditionally been recognised as one of the more onerous taxes so far as compliance by business taxpayers is concerned. It compares the UK's VAT compliance burden with that experienced elsewhere in the EU, together with the experience of other Organisation f...
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In this article, the authors examine individual tax residency in Australia, focusing on recent case law illustrating the uncertainty of the rules.
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Tim Edgar's passing in December 2016 dealt a severe blow to tax scholarship in Canada and globally, not to mention being a sad loss for this journal, to which he was a contributor for over three decades. Tim's books, journal articles, and book chapters spanned a wide spectrum of tax policy issues and have played a central role in helping policy mak...
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Crucial to the success of any federal state is the fiscal viability of the central government and component federal states. A feature common to most federal systems is the collection of greater revenues by the central government and reliance by states on transfers from the central government in addition to locally imposed taxes to fund budget expen...
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Post-Brexit, UK law conforming to Directives of the European Union such as the value added tax (VAT) Directive will remain in effect and UK courts will be permitted to consider decisions of the Court of Justice of the European Union (CJEU) when interpreting that law. How UK common law courts, steeped in the tradition of the doctrine of precedent, w...
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The nature of "goodwill" for tax purposes was an important issue in Australia long before the adoption of the Commonwealth income tax, with the relationship between goodwill and sales of business premises a central issue in colonial stamp duty assessments (and consequent litigation). Judicial precedents and doctrines were transferred into the incom...
Chapter
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This chapter examines the historical development of the formulary apportionment approach in key jurisdictions.
Chapter
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A significant cause of compliance costs for taxpayers is legal uncertainty resulting from ambiguity in the law and indistinct borders between differing tax rules. The self-assessment principles found in most modern tax systems require taxpayers to interpret the law, with the risk of penalties if their interpretation proves incorrect. The costs of e...
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In this article, the authors discuss a recent Australian High Court case and argue that Australia’s legislative framework dictating the distinction between capital and current expenses is inadequate and poses unnecessary judicial roadblocks.
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The evolution of capital gains taxation in Australia parallels that in Canada in many respects. Federal income taxes were adopted in both countries during the First World War, and in both jurisdictions the courts interpreted the term "income," the subject of taxation, using United Kingdom judicial concepts that excluded capital gains from the tax b...
Article
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In the last quarter of the 20th century, the concept of a tax expenditure budget emerged as the primary mode of analysis of concessions in tax laws in advanced economies. Under this approach, the fiscal cost of concessions is calculated and lost revenue is treated as the equivalent of revenue collected and then disbursed by the government as subsid...
Chapter
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World events in the first decade of this century led many to question the state of the international tax regime and the role it could play in solving national fiscal problems. In 2012, leaders of the Group of 20 (G20) set the OECD an ambitious agenda of working out how tax base erosion and profit shifting could be addressed. The OECD responded with...
Article
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The impact of the digital economy on tax compliance, tax bases and tax administration has emerged as a key issue for taxpayers, tax advisors, tax administrators and tax academics. The topic was the focus of the 13th International Conference on Tax Administration organised by the University of New South Wales in Sydney (UNSW Sydney) in April 2018....
Article
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This study analyzed violent crime reports in three large circulation newspapers and tested by survey the relationship between newspaper reporting of crime and fear of crime. As was expected, there was a nexus between more sensationalist newspaper reporting and the public’s fear of crime. Unexpected findings were an inverse relationship between news...
Article
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As part of a substantial overhaul of its tax system, in 1994 China established two tax administration systems, one under the control of the central government and separate agencies in each province supervised by provincial governments. Responsibility for collecting individual and company income taxes, VAT on the sale of goods and Business Tax on th...
Article
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Australia, like many jurisdictions, allows small businesses to use cash basis recognition of expenses and supplies when accounting for GST. The commonly offered rationale for the concession – a measure to simplify the tax and reduce compliance costs – is at best problematic. The more plausible explanation is to provide an optional subsidy for small...
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New Zealand is currently the only member country of the Organisation for Economic Cooperation and Development (OECD) without a formal, comprehensive regime in place for taxing the capital gains made by its personal and corporate residents. Being the outlier is insufficient justification for introducing a capital gains tax (CGT) in New Zealand, but...
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Over the years, and particularly in the post-global financial crisis era, some harmonization of Member States' tax policy has increasingly been seen as a task necessarily incidental to the functioning of the single European market. However, since its inception, the E. U. constitution has never conferred express powers to the Union to harmonize inco...
Article
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As one of the last countries in the region to adopt a goods and services tax (GST), or value‑added tax (VAT) as the tax is commonly labelled outside Anglo jurisdictions, Malaysia had no shortage of international and regional experiences to draw on when designing and implementing the new tax. While there have been some small hiccups in the adoption...
Chapter
Australia’s goods and services tax (GST) follows the conventional VAT model and treats loan intermediary services as input taxed (exempt) supplies. Financial supplies are defined in regulations in terms not greatly different than found elsewhere. However, the Australian rules contain a number of features not usual elsewhere, reflecting in part diff...
Chapter
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The issues raised by VAT and financial investments may be the most challenging of all VAT and financial supplies to resolve. In a model VAT, there would be full recovery of all VAT associated with savings and investment. Three problems make it difficult to achieve this aim in respect of individuals’ investments. The first is that of expenses relate...
Chapter
Intermediary services related to the provision of casualty insurance (for losses other than life or health) are fully subject to GST in Australia. Tax is levied on the value of insurance premiums paid by registered and unregistered policy-holders. Registered enterprises (other than those making input taxed (exempt) supplies), claim offsetting input...
Chapter
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The most prevalent treatment of loan intermediary services in global VAT treatment is the characterisation of the services as exempt or input taxed supplies. It is almost universally recognized that this treatment is suboptimal in terms of VAT theory and outcomes, leading to compounding overtaxation of registered enterprises using the services and...
Chapter
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While the VAT is technically a tax imposed on registered enterprises making taxable supplies, it is designed to be a consumption tax, borne by persons making acquisitions for final consumption. The initial step when designing a law intended to tax personal consumption is to determine what constitutes consumption. Two different understandings have e...
Chapter
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Prior to May 1, 2016, the supply of loan intermediary services and many other services in China was subject to tax under a turnover tax regime known as the Business Tax. As a turnover tax, the system had a tax cascading effect, with suppliers unable to recognize input taxes incurred on acquisitions used to make their supplies. In 2016, China comple...
Book
This book explains the theoretical and policy issues associated with the taxation of financial services and includes a jurisdictional overview that illustrates alternative policy choices and the legal consequences of those choices The book addresses the question: how can financial services in an increasingly globalized market best be taxed through...
Chapter
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Australia’s goods and services tax (GST) follows the conventional VAT model and treats loan intermediary services as input taxed (exempt) supplies. Financial supplies are defined in regulations in terms not greatly different than found elsewhere. However, the Australian rules contain a number of features not usual elsewhere, reflecting in part diff...
Article
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While there have been many studies of the relationship between cultural adaptation and media usage by immigrants to Anglo countries, there have been no studies published in English of media use by international students in China. Researchers investigating media use of international students in Dalian, China initially assumed outcomes consistent wit...
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The most recent, significant tax reform review in Australia, popularly known as the Henry Review, was publicly released just over six years ago. This article provides a critical examination of Australia's experience in tax complexity management since the Henry Review. Two main observations are put forward. First, not surprisingly, very few of the H...
Chapter
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While General Anti-Avoidance Rules (GAARs) around the globe display a remarkable diversity in terms of both design and operation, a closer look reveals a number of common themes or issues in the world's GAARs. This general report is based on reports of the GAARs in 39 countries. It classifies GAARs into broad models and then examines the situations...
Chapter
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Australian tax laws have contained a general anti-avoidance rule (GAAR) for over a century. The income tax GAAR proved robust for over half a century but ceased to be effective when read down in the 1970s and was replaced in 1981. The current GAAR has been recently amended to include specific base erosion and profit shifting (BEPS) measures. The GA...
Chapter
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Hungary was the first post-socialist country in eastern Europe to adopt a general anti-avoidance rule (GAAR). The original GAAR adopted in 1990, best described as a "form and substance" GAAR, was supplemented by a second GAAR in 1998, best described as a "proper use of rights" GAAR. The tax administration also attacks tax avoidance arrangements usi...
Article
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In May 2016, China's indirect turnover tax on services and transfers of real property, the Business Tax, was terminated and with supplies formerly subject to the tax shifted into the VAT. This paper explains the background to the transition from the Business Tax to the VAT and the new rules that apply to the types of supplies that were transferred....
Article
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This article considers the contribution of Justice Edmonds to the jurisprudence of the goods and services tax (GST), Australia's version of a value-added tax. The judgments deal with a range of issues including transitional issues, definitional issues, contributions by third parties and cases dealing with supplies that differ in substance from the...
Article
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Prior to 2012, the Chinese VAT applied primarily to supplies of goods, with supplies of services, including financial services, subject to a turnover tax known as the Business Tax. The value of financial services in respect of a loan was interpreted as the gross interest payable on the loan. As a consequence, a 5% turnover tax was applied to intere...
Article
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Under the China-UK double tax agreement, UK firms deriving profits in China are protected from Chinese tax liability on the profits unless the profits are derived through a permanent establishment. Unlike the original 1984 treaty between China and the UK, the current treaty, effective from 1 January 2014, deems a UK company to have a permanent esta...
Article
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In contrast to the VAT regime, income taxation in the European Union (EU) remains almost fully non-harmonised. A number of factors suggest the possibility that harmonisation of direct taxes in the EU may not be as far-fetched as many believe. The first is the compulsion of mounting economic and financial stresses that may limit tax competition inhi...
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Chapter
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The notional purpose of tax treaties is to prevent double taxation and tax evasion. The actual purpose is to reallocate taxing rights between an investor’s home jurisdiction (the residence state) and the host jurisdiction (the source state). The effect is to reduce or remove the taxing rights of a source state (a capital importing state) to leave m...
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Implicit in the company laws of common law jurisdictions is the notion of the corporate veil and the insulation of company shareholders from liability for debts of the company. The veil is not sacrosanct, however, and in appropriate circumstances courts will allow company creditors to pierce the veil and recover debts of the company directly from i...
Chapter
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A range of constitutional and doctrinal factors guide the judicial interpretation of taxation law in Australia. While a broad interpretation of the excise tax, a tax base not available to state governments under the Constitution, has significantly reduced the scope for states to levy indirect taxes, the federal government's constitutional taxation...
Article
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Adopted a decade after the commencement of VAT in the UK, the Korean VAT was largely modelled on the European precedent and most features of the tax have parallels with the traditional VAT. In two significant aspects, however, the Korean VAT diverges from its European counterparts. The first aspect is the collection of comprehensive data on sales a...
Chapter
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We can pay for our social policy proposals through philanthropy, some kind of user pays arrangement or through taxation. For most of the last century, we have increasingly relied on taxation as the method of financing our expanding welfare state and our growing expectations of citizenship rights. But taxation, as one of the most coercive areas of g...
Chapter
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We can pay for our social policy proposals through philanthropy, some kind of user pays arrangement or through taxation. For most of the last century, we have increasingly relied on taxation as the method of financing our expanding welfare state and our growing expectations of citizenship rights. But taxation, as one of the most coercive areas of g...
Article
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This paper reports on a study of the tax treaty policy of a group of eleven East African countries. African tax treaties tend to follow one of two model treaties, an OECD model treaty that favours the interests of capital exporting nations and a United Nations model treaty that allows capital importing countries to retain more taxing rights. The st...
Chapter
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The proliferation of exempt supplies in VAT systems, particularly the traditional European VAT, undermines the integrity of the tax in many respects. Exempt supplies bear a tax burden equal to the input tax imposed along the supply chain up to the exempt supply. This leads to overtaxation of business customers and undertaxation of final consumers....
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This article examines tax treaty trends in five Central Asian Republics: Kazakhstan, the Kyrgyz Republic, Tajikistan, Turkmenistan and Uzbekistan, following the gaining of their independence after the fall of the Soviet Union in 1991. In particular, it compares the construction of treaties entered into by these jurisdictions with the OECD model tre...
Chapter
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While primary attention on the effect of international agreements on the allocation of taxing rights is on bilateral double tax conventions, a host of non-tax treaties also contain taxation measures. These include both multilateral and bilateral agreements, a large number of which are associated with international organizations. This paper reviews...
Article
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Tax reviews are not a new phenomenon in Australia. Since 1950, in addition to several reviews by Parliamentary committees and government — appointed officials or bodies, including the Australian National Audit Office, the Inspector-General of Taxation, and the Board of Taxation, tax has been examined by half a dozen external independent committees....
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The relevance of the OECD and UN Model Conventions and their Commentaries for the interpretation of Australian tax treaties Introduction When Australia first introduced a federal income tax in 1915, it only applied in respect of Australian-sourced income. In 1930 a residence-based tax regime was introduced, with the foreign income of Australian res...
Article
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To date, the focus of most literature on VAT and financial supplies has been on the appropriate treatment of the cost of financial intermediary services related to investments and business loans. This paper broadens the inquiry to a wide range of financial services including consumer loans, leasing, insurance, credit cards, and gambling. It suggest...
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The SNF case in Australia revealed that in Australia a court could interpret domestic transfer pricing rules differently from those in Australia's tax treaties. In particular, the court rejected the use of OECD transfer pricing guidelines to determine an arm's length price under domestic law. Subsequent to the case, the Australian government announ...
Article
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For almost three decades, the Australian Treasury has issued an annual ‘tax expenditure statement’ detailing concessions in Australia’s tax laws. It was originally argued that tax expenditure budgets (the international term for these statements) would lead to simpler laws with fewer and better targeted concessions. This clearly has not happened in...
Chapter
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As in all jurisdictions, discretion by authorities plays a role in the administration of tax law in Hungary. The legacy of a socialist past and different national legislative approaches have made this exercise of discretion somewhat different from that in other market economies, however. The tax law relies on concepts found in other laws, resulting...
Article
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The story of China’s income taxation of corporate reorganisations falls into four distinct periods. The first years of the development of a market economy were a period of benign neglect as tax authorities came to grips with a new tax system and some domestic taxpayers exploited unintended exemptions for reorganisation transactions. A dialectic eme...
Article
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The market economy has brought tremendous wealth and equally significant income inequality to China. This article attempts to analyse the role that different types of income play in fostering inequality or the extent to which the tax system, with a notionally progressive personal income tax, may mitigate that inequality.
Article
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While the calculation of taxable income under Australian income tax law is similar to the calculation of net profits under accounting standards, there are some fundamental differences between the two systems. These derive in part from the structure of the legislation, in part from the legislature's use of taxation law to achieve various social and...
Article
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The unprecedented economic changes taking place in China over the past three decades have led to significant new fiscal pressures for the central and provincial governments. The relative decline of public ownership and rise of the private sector has forced governments to substitute revenues from new taxes for the funds formerly provided by public e...
Article
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Article 13 of the OECD Model tax treaty allows a source country to retain taxing rights on capital gains realized by non-residents on the sale of real (immovable) property in the source country. Recently, it has been modified to incorporate a further rule that has long been a feature of the UN Model treaty, namely extension of the definition of rea...
Chapter
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This paper explores the question whether entering into double tax treaties leads to more foreign investment. The topic has been the subject of a number of studies that have generated inconsistent results. The paper reviews previous studies and notes the limitations that may have affected their results. It reports on a comprehensive regression analy...
Article
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The service provided by financial institutions such as banks is described as an "intermediary service", linking depositors with money to lend and borrowers seeking loan funds. Banks collect a fee for these services through the spread on interest they pay to depositors and charge to borrowers. At present, the VAT system operates in a complex way to...
Article
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The scope of the Northern Territory stamp duty was tested on September 30 in an appeal to Australia’s High Court, the final court of appeal, in a case (Alcan (NT) Alumina Pty Ltd. v. Commissioner of Territory Revenue, [2009] HCA 41) involving Alcan, the multinational aluminum manufacturer and bauxite miner, and its 2001 acquisition of rival company...
Article
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In 2008 the Australian government announced that a major tax review would be undertaken (the Henry Review) to consider the future of the Australian tax system in the light of the challenges of the 21st century. That review is due to be completed by the end of 2009. There have been a large number of tax reviews in Australia in the last 60 years. Thi...
Chapter
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Looking back on the evolution of taxation reform in developed economies over the post-war period, we observe that the early decades were marked by a determined effort to implement reforms based on Haig-Simons principles of a comprehensive income taxation. Under this approach all the various types and sources of capital income (as well as labour inc...
Chapter
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In the early decades of the 20th century, the income tax emerged as the preferred broad-based tax on gains, fending off a strong assault from the closest alternative, the expenditure tax. The income tax adopted in all western economies turned out to be far different from the theoretical neutral and equitable benchmark, however, measuring nominal ga...
Article
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Chinese law designers often look to foreign laws as precedents for Chinese legislation. The architects of China's forthcoming revised VAT law have considered foreign designs, particularly European legislation, as possible models for Chinese rules. This paper cautions against the transplantation of foreign precedents when designing a VAT for China....
Chapter
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This paper looks at the sources for VAT design in Africa. It begins with a brief comparison of the two alternative designs used for taxes on final consumption, the retail sales tax and the value added tax. While the VAT has emerged as the consumption tax of choice outside North America, both taxes yield the same final outcome in theory and in the c...
Book
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Chapter 1: VAT Rates Chapter 2: Registration Thresholds in Africa Chapter 3: Designing and Drafting VAT Laws for Africa, Richard Krever Chapter 4: Financial Services, Alan Schenk Chapter 5: Gambling and Lotteries, Alan Schenk Chapter 6: Application of VAT to Public Bodies: the EU VAT System, Current Issues and Proposals, Michel Aujean Chapter...

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