Evolution Of Apa Regime

Author : Kuldeep Sharma
Publisher : Kluwer Law International B.V.
Page : 252 pages
File Size : 43,8 Mb
Release : 2021-07-19
Category : Law
ISBN : 9789403535524

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Evolution of APA Regime by Kuldeep Sharma Pdf

Advance pricing agreements or arrangements (APAs) are designed as a dispute prevention mechanism for transfer pricing related issues and provide certainty to taxpayers on taxation of cross-border transactions. Since the APA procedure was introduced by tax authorities in the late 1980s, it has gradually taken hold worldwide and evolved along several dimensions with important characteristics. This book, the first exclusively dedicated to the global APA regime, provides a comprehensive, in-depth discussion of the APA concepts and procedures in twenty-five jurisdictions across Europe, Asia, Asia Pacific, North America, South America and Africa, noting the particular genesis, features, and progress made under each programme. The analysis covers such elements as the following: the types of APAs and their characteristics; the main steps involved in an APA process; key advantages of APA programme and comparative study of the APA as a preferred dispute prevention mechanism over other dispute resolution mechanisms; key issues observed and in practice by various APA authorities worldwide inter alia involving, cost base of captive entities, resolution of transfer pricing issues involving intangibles, location savings, joint site visits, attribution of profits to PEs, APAs for small businesses, abbreviated procedure for renewal of APAs, significance of economic nexus prior to the grant of APAs and other relevant issues; exchange of APA rulings equip tax authorities to quickly identify risk areas so as to curb Base Erosion and Profits Shifting (BEPS), which augurs well for the APA programme and is another milestone in its evolution process; APAs provide jurisdictions with an excellent platform to fostering a non-adversarial tax regime. The author includes an extended case study of India’s APA programme, highlighting some of its conspicuous elements with equal focus on certain special characteristics of APAs in Australia, Canada, France, Germany, Ireland, Korea, The Netherlands, Poland, UK and the United States. Factors influencing speedier processing and suggestions on further improvement of APA programmes are also included. Numerous tables and figures illustrate all aspects associated with APAs. With more economies opening up and the worldwide implementation of the OECD/G20 BEPS Action Reports in an endeavour to combat BEPS, access and recourse to APAs is sure to grow. This invaluable book will enable tax administrations to learn from each other’s experiences and help to prevent costly and time-consuming transfer pricing audits and litigation for multinational enterprises. The book will be welcomed by revenue officials, professionals, and advisors concerned with international taxation, as well as by tax law academics.

Author : Kuldeep Sharma
Publisher : Kluwer Law International B.V.
Page : 340 pages
File Size : 44,8 Mb
Release : 2022-12-09
Category : Law
ISBN : 9789403511665

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GloBE Rules Made Easy by Kuldeep Sharma Pdf

Worldwide implementation of the OECD’s Global Anti-Base Erosion Rules (GloBE Rules), published in December 2021, promises to strike a powerful blow at the tax avoidance rampantly indulged in by many multinational corporations since global minimum tax rate of 15% in all countries is expected to curb shifting of profits from higher tax jurisdiction to lower tax jurisdiction or tax havens. As Inclusive Framework (IF) Member jurisdictions prepare to implement legislation, the tax law community worldwide can turn to this extraordinarily practical, self-contained book for a complete understanding of the background and attributes of the Rules. The book includes such features as the following: text of each of the Rules’ ten chapters (including all forty-nine articles) along with both summary and detailed description; explanations of the Commentary and Illustrative Examples released by the OECD in March 2022; numerous flowcharts, tables, boxes, illustrations, and figures; elaborate technical discussions amidst specific policy considerations; analysis of IF Member jurisdictions regarding key parameters with suitable recommendations; ‘GloBE Rules at a Glance’ checklist encapsulating the features and application of the Rules in the form of FAQs; and implementation processes under way in ten representative jurisdictions. The various publications and releases by the OECD up to 31 May 2022 are considered and duly explained. In the struggle to curb harmful tax competition and aggressive tax planning, it is possible that the GloBE Rules will at last succeed in creating a level playing field in the realm of taxation. And given that OECD guidance and tax expert analysis may not suffice to fully comprehend the complexity of the Rules, this book will prove of enormous value among a wide array of stakeholders, including taxation authorities, tax advisors and lawyers, and academics. Also, multinational enterprises will get enough information to derive maximum benefits in terms of their preparedness, readiness, and responses to implementation of the Rules.

Author : Simon Young
Publisher : Federation Press
Page : 534 pages
File Size : 41,7 Mb
Release : 2008
Category : History
ISBN : 1862876479

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The Trouble with Tradition by Simon Young Pdf

This book is a broad and detailed examination of the native title jurisprudence in the US, Canada, New Zealand and Australia, with a specific focus on the handling of Indigenous community changes in each country's case law.

Author : Jelena Madir
Publisher : BRILL
Page : 280 pages
File Size : 47,7 Mb
Release : 2020-11-30
Category : Law
ISBN : 9789004414129

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Sanctions Regimes of Multilateral Development Banks by Jelena Madir Pdf

In Sanctions Regimes of Multilateral Development Banks: What Process is Due, Jelena Madir examines the type of due process rights and the level of transparency that should characterise sanctions regimes of multilateral development banks.

Author : Götz Ferdinand Kaufmann
Publisher : Götz Kaufmann
Page : 424 pages
File Size : 40,9 Mb
Release : 2012
Category : Electronic
ISBN : 8210379456XXX

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Environmental Justice and Sustainable Development by Götz Ferdinand Kaufmann Pdf

Author : Allen M. Howard,Richard Matthew Shain
Publisher : BRILL
Page : 385 pages
File Size : 43,9 Mb
Release : 2005
Category : Social Science
ISBN : 9789004139138

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The Spatial Factor In African History by Allen M. Howard,Richard Matthew Shain Pdf

In this collection authors apply spatial analysis to case studies of social, economic, and political dynamics in West, Central, and East Africa during the nineteenth and twentieth century. Also included is a lengthy essay re-interpreting tropical Africa, 1800-1930, using spatial theory.

Author : Jose Dalisay Jr.
Publisher : Anvil Publishing, Inc.
Page : 101 pages
File Size : 54,6 Mb
Release : 2017-11-15
Category : Biography & Autobiography
ISBN : 9789712733154

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Lessons from Nationalist Struggle by Jose Dalisay Jr. Pdf

An Unknown Chapter in Philippine History Emmanuel Quiason Yap possessed a unique perspective on world affairs. This was largely a product of his upbringing and life experience, which underpinned his great love of country. Through his life, we see a clear view of the road not taken. This book portrays one of the most significant and turbulent chapters in Philippine history in this context. The period from the late 1950s to the early 1970s witnessed a resurgence of the nationalist movement, the election of Ferdinand Marcos as president, the establishment of the Communist Party of the Philippines, the First Quarter Storm, the bombing of Plaza Miranda, and the declaration of martial law. Manoling Yap cast a different light on these events, including the roles of Marcos, and Ninoy and Cory Aquino. Inevitably, many disagreed with his analysis and some dismissed him as a Communist. Ironically, it was during this period that his career reached both its zenith and nadir. Because of illness, he was unable to write his autobiography as he had always intended. But his analysis and interpretation of important events present an alternative viewpoint that must be known. This is Manoling Yap’s story

Author : Michelle Markham
Publisher : Kluwer Law International B.V.
Page : 408 pages
File Size : 48,9 Mb
Release : 2012-06-28
Category : Law
ISBN : 9789041140722

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Advance Pricing Agreements by Michelle Markham Pdf

Transfer pricing (the pricing of cross-border intra-firm transactions between related parties) is now the top international tax issue faced by multinational enterprises. In an international taxation environment characterized by rigorous enforcement of transfer pricing documentation, disclosure, and audit processes, a need has arisen for multinationals to be cognizant of the impact of their ‘tax risk appetite’ on their relationship with taxation authorities and to be aware of how best to manage their transfer pricing arrangements. The most promising development has been the growing commitment to Advance Pricing Agreements (APAs) – arrangements made prospectively between a multinational taxpayer and one or more revenue authorities, agreeing on an appropriate set of criteria for the determination of the transfer pricing of the covered transactions over a period of time. This is the first book to offer expert insights on APAs from a practical perspective. By focusing on the United States and Australia, the two countries that were at the forefront of adopting APAs and whose wealth of experience over two decades confirms their APA programs as the global paradigms, the author is able to highlight the advantages and disadvantages of pursuing an APA and to shed light on the powerful efficacy of this strategy for avoiding transfer pricing disputes. In addition, the author enlists the views of revenue authorities, transfer pricing practitioners, and corporate counsel who deal with the realities of transfer pricing assessment and compliance on an ongoing basis, offering acute insight into how APAs really work in a practical way. This book contributes to the body of knowledge on APAs in the context of transfer pricing by providing in-depth scrutiny of the most important issues surrounding this critical area, and by examining innovations in APAs in the United States and in Australia. Its unmatched coverage will be welcomed by tax experts at law firms and multinational companies as well as by revenue officials, policymakers, and scholars and researchers in international taxation.

Author : Frances Westley,Katharine McGowan
Publisher : Edward Elgar Publishing
Page : 288 pages
File Size : 50,8 Mb
Release : 2017-12-29
Category : Electronic
ISBN : 9781786431158

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The Evolution of Social Innovation by Frances Westley,Katharine McGowan Pdf

In a time where governments and civil society organizations are putting ever-greater stock in social innovation as a route to transformation, understanding what characterizes social innovation with transformative potential is important. Exciting and promising ideas seem to die out as often as they take flight, and market mechanisms, which go a long way towards contributing to successful technical innovations, play an insignificant role in social innovations. The cases in this book explore the evolution of successful social innovation through time, from the ideas which catalysed social and system entrepreneurs to create new processes, platforms, projects and programs to fundamental social shifts in culture, economics, laws and policies which occurred as a result. In doing so, the authors shed light on how to recognize transformative potential in the early stage innovations we see today.

Author : Dr. George Appiah-Sokye
Publisher : AuthorHouse
Page : 860 pages
File Size : 53,8 Mb
Release : 2021-07-01
Category : Education
ISBN : 9781665528313

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Taxation in Ghana: a Fiscal Policy Tool for Development by Dr. George Appiah-Sokye Pdf

The first edition of this book-Taxation in Ghana: A Fiscal Policy Tool for Development- is the product of considerable tax research from 1943 to 2018, spanning a period of 75 years and grounded in knowledge and concepts; as well as, applications through an extended period of tax practice, teaching and learning; combined with international exposure. A lot of insights have been illuminated based on lessons learned and drawn from other countries, including the United States of America to enrich the contents. Against the backdrop of the dynamic nature of taxation and fiscal policy. Most of the existing taxation books in Ghana focused on tax practice. So, the purpose of this book is to bridge the taxation scholarship gap. In addition to traditionally-treated topics in most taxation books in Ghana, the novelty in this book is the inclusion of important topics on tax planning, tax reforms, and tax administration, and many more. As a result, specific recommendations have been proffered for the consideration of policy makers in developing countries. References and Acts of Parliament; supported by appendices have been provided for further studies on the subject. A true story of the first major oil discovery in Ghana by Mr. George Yaw Owusu with M. Rutledge McCall published 2017 in the United States of America: In Pursuit of JUBILEE was used to enrich the discussion on petroleum (Oil and Gas) in Chapter 48 of this textbook. Additionally, Apostle Professor Opoku Onyinah of the Church of Pentecost has been presented for his phenomenal transformational leadership in Africa in Chapter 66. The book has been designed for: (1) Individual study, (2) Group study, (3) Lecture material, (4) Policy Manual, and (5) library or reference.

Author : Dr A. Michael Heimert,T.J. Michaelson
Publisher : Kluwer Law International B.V.
Page : 1290 pages
File Size : 50,7 Mb
Release : 2018-10-26
Category : Law
ISBN : 9789403501710

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Guide to International Transfer Pricing by Dr A. Michael Heimert,T.J. Michaelson Pdf

The pricing of goods, services, intangible property and financial instruments within a multi-divisional organization, particularly in regard to cross-border transactions, has emerged as one of the most contentious areas of international tax law. This is due in no small measure to the rise of transfer pricing regulations as governments seek to stem the flow of their tax revenue from their jurisdictions. This thoroughly practical work provides guidance on an array of critical transfer pricing issues. The guide’s relevance is further enhanced by the inclusion of country chapters covering domestic transfer pricing issues in a variety of key national jurisdictions.

Author : Christian Campbell
Publisher : Kluwer Law International B.V.
Page : 195 pages
File Size : 42,5 Mb
Release : 2021-11-11
Category : Law
ISBN : 9789403535319

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Comparative Law Yearbook of International Business Volume 43 by Christian Campbell Pdf

The Comparative Law Yearbook of International Business, published under the auspices of the Center for International Legal Studies, in this 43rd volume spans an arc of timely and challenging concerns for business law practitioners and academics alike. It discusses: how arbitrability of intellectual property rights disputes might improve worldwide IPR enforcement; how the “disregard of legal entity” may be used to establish implied consent by a person or entity that is not a signatory to an arbitration agreement; how an effective cross-border insolvency framework under the Indian insolvency and bankruptcy code can borrow from the UNCITRAL Model Law’s and other jurisdictions’ approaches to the tension between “universality” and “territoriality”; how a promising new mediation act for Pakistan may help resolve a backlog of millions of cases in a jurisdiction with a patchwork of traditional and modern alternative dispute resolution mechanisms; how the European Union seeks to balance the taxation of digital services; how Brazil is addressing the taxation of offshore indirect transfers; how private equity capital structures in the unique market of professional sports create opportunities as well as risks; how Securities Market Regulation theory plays a role in the organization and development of active securities markets, particularly in emerging markets; and how non-signatories can be bound by arbitration agreements in Brazil through “disregard of legal entity” to ascertain implied consent. The authors are practitioners and academics from Brazil, England, France, India, Pakistan, Singapore, the United States and Uzbekistan. They offer a broad and diverse perspective on some of today’s pressing business law issues in a shrinking world.

Author : Laverne Jacobs,Sasha Baglay
Publisher : Routledge
Page : 416 pages
File Size : 50,8 Mb
Release : 2016-03-03
Category : Law
ISBN : 9781317023326

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The Nature of Inquisitorial Processes in Administrative Regimes by Laverne Jacobs,Sasha Baglay Pdf

’Inquisitorial processes’ refers to the inquiry powers of administrative governance and this book examines the use of these powers in administrative law across seven jurisdictions. The book brings together recent developments in mixed inquisitorial-adversarial administrative decision-making on a hitherto neglected area of comparative administrative process and institutional design. Reaching important conclusions about their own jurisdictions and raising questions which may be explored in others, the book's chapters are comparative. They explore the terminology and scope of the concept of inquisitorial process, justifications for the use of inquiry powers, the effectiveness of inquisitorial processes and the implications of the adoption of such powers. The book will set in motion continued dialogue about the inherent challenges of balancing policy goals, fairness, resources and institutional design within administrative law decision-making by offering theoretical, practical and empirical analyses. This will be a valuable book to government policy-makers, administrative law decision-makers, lawyers and academics.

Author : Colin Read,Greg N. Gregoriou
Publisher : Elsevier
Page : 391 pages
File Size : 41,9 Mb
Release : 2007-04-13
Category : Business & Economics
ISBN : 9780750683715

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International Taxation Handbook by Colin Read,Greg N. Gregoriou Pdf

Description and extensions of the capital income effective tax rate literature / M.M. Ruiz, F. Gérard, M. ; p. 11- 41.

Author : Parthasarathi Shome
Publisher : Springer Nature
Page : 507 pages
File Size : 50,7 Mb
Release : 2021-04-09
Category : Business & Economics
ISBN : 9783030682149

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Taxation History, Theory, Law and Administration by Parthasarathi Shome Pdf

Tax practitioners are unfamiliar with tax theory. Tax economists remain unfamiliar with tax law and tax administration. Most textbooks relate mainly to the US, UK or European experiences. Students in emerging economies remain unfamiliar with their own taxation history. This textbook fills those gaps. It covers the concept of taxes in regards to their rationale, principles, design, and common errors. It addresses distortions in consumer choices and production decisions caused by tax and redressals. The main principles of taxation—efficiency, equity, stabilization, revenue productivity, administrative feasibility, international neutrality—are presented and discussed. The efficiency principle requires the minimisation of distortions in the market caused by tax. Equity in taxation is another principle that is maintained through progressivity in the tax structure. Similarly, other principles have their own ramifications that are also addressed. A country’s constitutional specification of tax assignment to different levels of government—central, state, municipal—are elaborated. The UK is more centralised than the US and India. India has amended its constitution to introduce a goods and services tax (GST) covering both central and state governments. Drafting of tax law is crucial for clarity and this aspect is addressed. Furthermore, the author illustrates different types of taxes such as individual income tax, corporate income tax, wealth tax, retail sales/value added/goods and services tax, selective excises, property tax, minimum taxes such as the minimum alternate tax (MAT), cash-flow tax, financial transactions tax, fringe benefits tax, customs duties and export taxes, environment tax and global carbon tax, and user charges. An emerging concern regarding the inadequacy of international taxation of multinational corporations is covered in some detail. Structural aspects of tax administration are given particular attention.