Article

The Supreme Court and the Timing of Deductions for Accrual-Basis Taxpayers

March 2009

Authors:

This article examines the Supreme Court's two decisions in the late 1980s dealing with the timing of deductions, United States v. Hughes Properties (1986) and United States v. General Dynamics Corp. (1987), and finds those decisions wanting. Indeed, it is hard to understand why the Court exercised its discretionary jurisdiction twice in such a short period when the cases involved technicalities that seemed to overwhelm the generalist justices and when subsequent disputes with similar factual situations would be affected by statutory changes.

Book Review: 'The Timing of Income Recognition in Tax Law and the Time Value of Money'

Article

May 2010

Erik M. Jensen

The Timing of Income Recognition in Tax Law and the Time Value of Money, by Israeli lawyer and academic Moshe Shekel, is a comprehensive, comparative study of the timing rules for income and deductions (and the debates about those timing rules) in three sophisticated jurisdictions - the United States, the United Kingdom, and Israel.

ResearchGate has not been able to resolve any references for this publication.

Article

Judicial dissent in taxation cases: The incidence of dissent and factors contributing to dissent

January 2015

R. Fisher

This paper outlines findings from a research project examining dissent in taxation decisions determined by the High Court of Australia. This paper focuses on the incidence of dissent by individual Justices on the High Court, with the suggestion being that the overall incidence of dissent in tax decisions appears to be higher than may have been expected. Given this incidence of dissent, the paper ... [Show full abstract] examines some factors contributing to the level of dissent in taxation cases more so than in other areas of law, such factors including greater complexity in taxation law, judicial approaches to statutory interpretation, institutional factors of the High Court, and characteristics individual to judges themselves. © School of Taxation and Business Law (Atax), UNSW Business School The University of New South Wales Australia.

Article

Full-text available

Supply of goods free of charge in value added tax system

January 2015 · Anali Pravnog fakulteta u Beogradu

Milos Milosevic

Consideration represents one of the cumulatively prescribed conditions for the taxation of supplies of goods in value added tax system. In the absence of consideration there is in general no basis for taxation, which makes room for untaxed final consumption - the case in which a taxpayer deducts input VAT on purchased good that is subsequently used for his own or another person's final ... [Show full abstract] consumption free of charge. In this paper, the author analyzes the situations in which, for taxation purposes, the supplies of goods free of charge will be treated equally as supplies for consideration and, relying on the jurisprudence of the European Court of Justice, notes the deviations of the domestic practice from the communautaire one, while providing concrete recommendations for their elimination.

Article

The taxpayer involved in a VAT carrousel

December 2006

J.-P. Maublanc

Two recent decisions relating to intra-community exchanges of computer components of crucial practical significant, state the situation of tax payers involved in a delivery chain wherein a failing operator or operator using an usurped tax payer number took part, referred to as a carousel-type fraud. In the first ruling, the Court of Justice acknowledges the right to deduct the upstream tax of a ... [Show full abstract] taxpayer that could not be and was not aware of the fraud committed. In the second ruling, the State Council sets evidence rules pertaining to the reality of the delivery of goods in another member country when such deliveries are disputed by the State on the ground that the foreign receiving company does not conduct a real econmic business, according to the State, for the implementation of the tax exemption specified in article 28 fourth of the sixth directive and of article 262 of the General Taxation Code implementing it. Both solutions help describe the status of a taxpayer unknowingly involved in a VAT fraud scheme, without case law being final. Indeed, the solution found by the State Council, before the Court's ruling, does not seem to protect tax payers enough, and though it was found compliant with community law, would deserve to be re-examined in lights of the legal security and proportionality principle, as well as of the objectives of the sixth directive.

Article

ANALISIS YURIDIS NORMATIF PUTUSAN PERKARA MAHKAMAH AGUNG KONSTITUSI RI No. 004/PUU-II/2004

December 2013 · Sosial & Humaniora

Doni Budiono

The authority of justice in Indonesia is executed by the Supreme Courts and the justice boards/body under the Supreme Courts, including the general justice, religious affairs justice, military justice, state administration justice, and the Constitution Court. According to certainty in the Act of Tax Court, Article1, clause (5), tax dispute refers to the legal dispute arising in the taxation ... [Show full abstract] affairs between the tax payer or the body responsible for the tax with the government executives ( Directorate General of Tax) as the consequence of the issue of the decree for the appeal to the Tax Court in accordance with the tax Act, including the charge against the execution of collection in accordance with the Act of Tax Collection by force. The formation of Tax Court is designed by the Executives, in this case, the Department of Finance, specifically the Directorate General of Tax which has the right to issue law more technical about tax accord to Article 14, letter A, President Decree no. 44 year 1974, concerning the basic organization of the Department. Based on it, it is clear that in addition to execute the government rules and policy, this body has to execute judicial rules and policy. This is against the principles of Judicative Power/Authority in Indonesia, which clearly states that this body should be under the Supreme Court. Therefore. It is suggested that the Act No UU no.14 Year 2012 concerning Tax Court be revised in accordance with the system of Power Division of Justice as stated in 45 Constitutions.

Chapter

Financial Investments: European Union

March 2017

Joachim Englisch

The EU VAT treatment of financial investments is complex. The general approach under the VAT Directive is an exemption without credit, regarding both financial transactions as such and ancillary services. However, to a considerable degree financial investments remain outside the scope of VAT, whereas a few related services are actually taxed. Moreover, the implications of both out-of-scope and ... [Show full abstract] exempt investments, for the input VAT deduction are not straightforward, but vary according to the type of investment and its nexus with other taxable business activities. EU legislation provides little guidance regarding the detailed VAT consequences, and the 2007 reform proposal of the EU Commission which sought to provide greater legal certainty has recently been withdrawn. The European Court of Justice has filled some gaps—not always convincingly—but several grey areas remain, especially with respect to investments in derivatives. Not surprisingly, national approaches towards the taxation of financial investments vary considerably within the Union.

Article

On Displacement, or the Dissing of Places

April 2007

Joel S. Newman

In 1995, the Danish National Tax Court, in the course of denying a deduction, said some uncomplimentary things about the island of Crete. The decision was reversed, both by the Danish courts, and by the European Court of Justice. Perhaps the Danish National Tax Court feels somewhat embarrassed by its public act of displacement. This essay searches for other instances of displacement in judicial ... [Show full abstract] opinions, whether by the parties, the lawyers, or, most importantly, by the judges themselves. Plenty of examples are found. Accordingly, if indeed the Danish National Tax Court feels embarrassed, at least it need not feel so alone.