Income Tax Law

La discriminazione qualitativa consiste nel trattamento differenziato di redditi, il cui possesso manifesta diversa capacità contributiva in ragione della fonte patrimoniale. Concorre dunque ad assicurare, più che derogare, all’uguaglianza tributaria. Poiché l’apprezzamento delle situazioni che esprimono capacità contributiva spetta al legislatore, nel limite della ragionevolezza della differenziazione e della coerenza della relativa disciplina, i vincoli più stringenti alla discriminazione qualitativa non sono di ordine costituzionale, bensì dipendono dalla struttura dell’imposta sul reddito. Le possibilità di discriminazione qualitativa tra redditi di lavoro sono dunque limitate nell’Irpef.

The Australian Taxation Office (ATO) considers ALL animals sold as part of a primary production business to be trading stock. However, the word ALL is not contained in s 995 of the Income Tax Assessment Act 1997 (Cth) (ITAA 1997), rather the ATO view is based on its interpretation of the findings of Federal Commissioner of Taxation v Wade (Wade Case). This paper looks at the cases examined by their Honours in the Wade Case and similar cases related to the sale of livestock. It argues that findings of the Wade Case may have been misinterpreted, and that the ATO view is not as valid as is generally accepted. It argues that the revenue from sale of stud, or breeding, animals should be taxed under the capital gains tax provisions of the ITAA 1997 and not as income according to ordinary concepts.

This book explores one of the most fundamental issues of international tax law: the conditions under which a state may assert a taxing claim over business income derived by a person who is neither its national nor its resident. The term “nexus” or “genuine link” is commonly used in international tax scholarship to describe such basic requirements for the exercise of income tax jurisdiction. When it comes to non-residents, income tax is intimately connected to the notion of “source”, in that every state has the right to tax income derived from sources located within its territory.

The main purpose is to analyse the appropriateness of different nexus norms used by states in the taxation of non-resident business income. Particular attention is drawn to developments associated with the global economy, e.g. the introduction and expansion of e-commerce and the rise in cross-border services trade. Methodologically, the value-oriented approach is followed, analysing the research question in light of traditional tax policy benchmarks, such as equity, neutrality and administrability.

A substantial part of the analysis is devoted to the permanent establishment (PE) concept, which acts as a general proxy for the source of business income in a tax treaty context. One conclusion is that the use of a PE nexus in its traditional forms (i.e. fixed place PE and agency PE) places inappropriate restrictions on the tax jurisdictions of the “market states”, where the customer base for taxpayer goods and services is located and important benefits related to the derivation of non-resident income are provided.

This book advocates an evolutionary approach through a new PE-deeming rule based on a de minimis revenue threshold being added to tax treaties, supplementing traditional PE forms. This rule would allow a state to tax a non-resident taxpayer’s business income as soon as he derives an ex ante specified amount of gross revenue from catering to customers located in that state, irrespective of physical presence. The proposal suggests that the administrative concerns surrounding the application of such a rule can be resolved in a comprehensive manner, e.g. by relying on an interim withholding regime in respect of business-to-business payments.

CALL FOR PAPERS
We invite you to submit papers and register to participate in the forthcoming 4th Annual International Academic Conference on Taxation of the Chartered Institute of Taxation of Nigeria, with the Theme: Taxation and Socio-Economic Development in Challenging Period. Conference Presentation/participation: Virtual and Physical and is scheduled to hold as follows:
Venue: Benue State University, Makurdi, Benue State, Nigeria.
Date: August 15 - 17, 2021
Registration for the conference is strictly online at https://citnevents.org/academicconference/

Abstracts and Full papers for the Conference should be sent to  researchandtechnical@citn.org  and maryfidelisabiahu@citn.org.

Proceedings will be submitted for indexation by:
Conference Proceedings Citation Index, Semantic Scholar, Google Scholar and Microsoft Academic.

Conference Important Details:
• Conference Registration fee: N30,000 or $80 only
• Deadline for the Submission of Papers: July 9, 2021
• Deadline for Submission of PhD Colloquium papers: July 9, 2021 
• Deadline for the Submission of Papers: July 27, 2021
• Arrival and Conference Registration: August 15, 2021
• Opening Ceremony & Conference Activities: August 16-17, 2021 
• Conference Presentation/participation: Virtual and Physical. International and national participants who opt for virtual participation and presentation will be provided with Zoom Webinar access to participate during the opening/closing ceremonies, Conference Workshops, Lead paper Presentations and PhD Colloquium.

Conference Director: Conference Chairman:
Professor Rafiu Oyesola Salawu Prof. Kabiru Isa Dandago
Professor of Accounting Professor of Accounting
Obafemi Awolowo University, Ile-Ife, Nigeria. Bayero University Kano, Nigeria
(osalawu02@yahoo.co.uk) (kidandago@gmail.com)


Abiahu, Mary-Fidelis Chidoziem, M.Sc, MCIB, FCA, ACTI
Secretary, Conference Committee (maryfidelisabiahu@citn.org)

Bangladesh is positioned as a link between the emerging markets of South Asia and the fastest-growing markets of South East Asia and ASEAN countries. With the proposed concept of a "Bay of Bengal Growth Triangle" with its apex Chittagong port extending south-west to Calcutta, Madras, and Colombo and the south-eastern arm extends through Yangon, to Thailand, to Penang with the third arm to Colombo, this region has got growing attention of the investment world. In this situation, Bangladesh has one of the lowest tax revenue ratios on GDP in the world. Here is the Tax Revenue ratio on GDP is about 7.5% to 15% and it’s very low among the same categories country. In this dissertation, the report analyses the overall tax collection performance of NBR and its lack of collection procedure & quantitative data analysis.

Sobre la Naturaleza Jurídica de los Pagos a Cuenta del Impuesto a la Renta:

Se muestra la (in)consistencia en la que incurren quienes sostengan, conjuntamente,  que la modificación de los elementos de cálculo de los pagos a cuenta del Impuesto a la Renta con fecha posterior al surgimiento de su obligación y pago no constituye un incumplimiento (y, por ello, no genera intereses moratorios), y que sin embargo, sí implica una infracción sancionadas con multa.

A nivel dogmático, se propone la solidez de una interpretación de las reglas de los pagos a cuenta en el sentido que establecen una obligación  "accesoria" (a una obligación principal, constituida por el IR Anual) y "temporal", es decir, que se agota conforme a los elementos vigentes al momento en que surge la obligación.

This article reveals that Bitcoin and cryptocurrencies in general are intangible property in the form of a digital unit with an accountable monetary value. Therefore, for the purposes of the Income Tax Act 58 of 1962, which applies in South Africa, they can all be included in a taxpayer's gross income and, therefore, also in taxable income. The fundamental basis for this hypothesis is that Bitcoin and the other cryptocurrencies currently accepted in South African trade: (i) exist in a digital form, (ii) they have value for their respective users, (iii) they are able to be owned, (iv) the rights in the digital currency can be electronically transferred by a person in possession of a unique public-private protect key , and (v) the rights in the digital currency can be proven by enrollment or placements in a digital ledger that transfers the historical chain of ownership records into the currency.

Art and culture are enormously important elements of the social life, which require however public support. The aim of the studies was a critical analysis of the structure and functioning of tax instruments that support the development of culture and protection of its heritage, applied in income taxation system in Poland. As a result of conducting the studies it was to be determined what instruments of indirect cultural support were introduced in the structure of the Polish income taxes, whether they are typical for modern fiscal systems, or peculiar to the Polish system, what are their social and economic effects, whether these instruments are adjusted to the needs and social beliefs, what enhancements should be introduced to them and whether they could be applied in other countries. The legal-dogmatic, comparative and statistical methods were used in this study.

The Finance Act, 2015 amended §6(3)(ii) of the Income Tax Act, 1961 to introduce a new test for determining the residential status of companies. The new test is called the 'Place of effective Management' test for interpretation of which, the Central Board of Direct Taxes has recently issued draft guidelines. This test replaces the erstwhile control and management test which has common law origins and was laid down in a context that best suited the interests of imperial powers. Looking closely at the workings of the erst-while test and comparing it with the definition and draft guidelines on the Place of effective Management test, it emerges that there is much similarity. Further, the government's justifications for making this amendment are on shaky ground which raises some fundamental concerns which need to be addressed first. 'Place of Effective Management' does not have a universally accepted meaning and organisation for economic Cooperation and Development which does recognise the concept, has now recommended adopting a case-by-case approach to determine the residential status of companies to tackle tax avoidance. Alignment of the domestic law with the so-called international standard of Place of effective Management (where it used as a tie-breaker rule in a number of Double Taxation Avoidance Agreements), would only reduce the tie-breaker rule of Place of effective Management to naught.

Analyzing the "ability to pay principle" through the French Constitutional court's tax-related case law, the article suggests that any statute-based non-confiscation guarantee is fragile. Legal certainty over the qualification of excessive or confiscatory levies and a long-lasting taxpayers’ substantial protection can only be ensured by enshrining a non-confiscation guarantee in the constitutional framework, defining the threshold over which compulsory levies are ruled excessive.