Download or read book Corporate Residence and International Taxation written by Robert Couzin and published by IBFD. This book was released on 2002 with total page 295 pages. Available in PDF, EPUB and Kindle. Book excerpt: Analysis of the case law test for corporate residence, developed mainly in the United Kingdom beginning in the 19th century, the residence definition adopted in the OECD Model Convention and some of its more common variants, and Canadian domestic statutory provisions.
Download or read book Corporate Residence written by David Hughes and published by A&C Black. This book was released on 2013-01-01 with total page 303 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book is about the UK's approach to determining the residence status of corporations and thus their exposure to UK tax. If companies are not managed and controlled in the correct way, they could unintentionally become UK resident and so be rendered subject to UK taxes. The question of where a company is actually resident has become increasingly significant, with the international nature of so many business transactions today, including e-commerce transactions. Table of Contents include: The Importance of UK Residence Status * The Incorporation Rule * Central Management and Control (The Case Law Test) * FA 1994 S249 and the Impact of Tax Treaties on the Determination of Residence * Place of Effective Management * HMRC Practice * The Application of the Case Law Test to Subsidiaries * Peripatetic Boards * UK Coordination Centers * The Implications of Modern Forms of Communication * Directors Located in the UK and Overseas * Outside Interference: Shadow Directors, and other Outsiders * Conclusion
Download or read book Model Rules of Professional Conduct written by American Bar Association. House of Delegates and published by American Bar Association. This book was released on 2007 with total page 216 pages. Available in PDF, EPUB and Kindle. Book excerpt: The Model Rules of Professional Conduct provides an up-to-date resource for information on legal ethics. Federal, state and local courts in all jurisdictions look to the Rules for guidance in solving lawyer malpractice cases, disciplinary actions, disqualification issues, sanctions questions and much more. In this volume, black-letter Rules of Professional Conduct are followed by numbered Comments that explain each Rule's purpose and provide suggestions for its practical application. The Rules will help you identify proper conduct in a variety of given situations, review those instances where discretionary action is possible, and define the nature of the relationship between you and your clients, colleagues and the courts.
Download or read book Residence of Companies Under Tax Treaties and EC Law written by Guglielmo Maisto (jurist.) and published by IBFD. This book was released on 2009 with total page 969 pages. Available in PDF, EPUB and Kindle. Book excerpt: Deals with issues and problems raised by residence of companies for tax purposes, including detailed analysis from a national viewpoint in selected European and North American jurisdictions, Australia and South Africa.
Download or read book Corporate Tax Residence and Mobility written by Edoardo Traversa and published by . This book was released on 2018 with total page 731 pages. Available in PDF, EPUB and Kindle. Book excerpt: The concept of residence lies at the core of corporate income taxation. In domestic tax systems, the essential function of the residence concept is to subject resident corporate taxpayers to full tax liability, usually on a worldwide basis. In tax treaties, residence plays a fundamental role in the allocation of taxing powers between states. Moreover, within the European Union, it gives access to the legal protection granted to companies by internal market rules, whether contained in EU treaties (fundamental freedoms) or in tax directives. Today, however, the globalization and the digitalization of the economy are putting residence under heavy pressure. Within multinational enterprises, the geographical dislocation of the functions performed by people and entities within the multinational group makes it harder to identify a central place of decision or management in cases where this place is not the same as the place where the company was incorporated. Moreover, tax planning strategies involving location or the transfer of residence to low-tax jurisdictions have come under the spotlight of international organizations, such as the OECD and the European Union. Against this background, this book examines the notion of residence from a comparative, EU and international law perspective. It is divided into two parts. Part one comprises a general introductory report, as well as five thematic reports on key present and future issues concerning the tax residence of companies. Part two comprises the national reports of 14 EU Member States and 6 non-EU Member States (Norway, Russia, Serbia, Turkey, Ukraine and the United States). Those reports contain an extensive analysis of the definition and function of corporate tax residence on the basis of a questionnaire (which is included as an appendix in this book). With contributions from renowned academics from Europe and beyond, this book offers an insightful and multifaceted perspective on a fundamental concept of domestic and international taxation.
Download or read book Corporate Residence written by D. Hughes and published by . This book was released on 2019 with total page pages. Available in PDF, EPUB and Kindle. Book excerpt: This article reviews the Upper Tribunal's decision (Development Securities plc v HMRC) to overturn a lower tribunal ruling that companies were resident in the UK. To create losses, three Jersey companies wered needed and had to be non-resident for a short period. Corporate residence depends on where the company's central management and control is located.
Download or read book Global Perspectives on E Commerce Taxation Law written by Subhajit Basu and published by Ashgate Publishing, Ltd.. This book was released on 2007 with total page 344 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book considers the implications for the domestic and international tax systems of the growth of e-commerce. It covers a wide variety of activities, from discussion of the principles governing direct and indirect taxation, to explanation of the implementation and use of e-commerce on the part of businesses as well as the application of existing tax principles in this field.
Download or read book Commentaries on the Law of Private Corporations written by Seymour Dwight Thompson and published by . This book was released on 1915 with total page 1060 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Download or read book Corporate Residence Rules for International Tax Jurisdiction written by Rudolf Weber-Fas and published by . This book was released on 1967 with total page 251 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Download or read book The Corporate Housing Handbook written by Kimberly Smith and published by Createspace Independent Publishing Platform. This book was released on 2013-06-24 with total page 0 pages. Available in PDF, EPUB and Kindle. Book excerpt: What is Corporate Housing? How do I setup a Corporate Rental? How to get started renting a property? How do I make money? Corporate Housing Success Stories! Welcome to the multi-billions dollar world of Corporate Housing or more simply put, furnished monthly residential rentals. Corporate Housing is part of the Extended Stay lodging segment offering an alternative to the transient environment of an Extended Stay hotel. Corporate Housing is also an option for the savvy real estate investor or property manager who is interested in maximizing the returns on their real estate investment. In the following pages our goal is to introduce you to the Corporate Housing product and industry, give you a step by step guide on how to create the most profitable Corporate Housing Rental, give you some tools and checklists to save time in setting up your rental and introduce you to some CHBO property owners just like you who have found success in their Corporate Housing rental. To help you navigate these changes with confidence, we're excited to share the CHBO Corporate Housing Handbook and the "by Owner" Corporate Housing Annual Report Executive Summary - a summary of the results from our annual "By Owner" Corporate Housing Survey. This is the fourth year of our survey and annual report allowing you benefit from the latest data, as well as comparisons and trends from recent years. The CHBO Annual Report in its entirety is also available. It is different than other property management annual reports. It reflects findings from individual property owners, rather than from full-service, corporate housing companies. This report is designed to help individual owners - like you - learn from relevant trends in your marketplace and achieve greater success.
Download or read book The American Corporation Cases written by Thomas Foster Withrow and published by . This book was released on 1881 with total page 718 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Download or read book A Summary of the Law of Private Corporations written by Leslie Jay Tompkins and published by . This book was released on 1904 with total page 312 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Download or read book The Disjunction Between Corporate Residence and Corporate Taxation written by Geoffrey Loomer and published by . This book was released on 2015 with total page pages. Available in PDF, EPUB and Kindle. Book excerpt: In this article, the author analyzes the concept of corporate residence, with particular reference to the law in the United Kingdom and Canada. Accepting that the taxation of corporations has some justification, there is nonetheless a disjunction between meaningful residence-based taxation and current definitions of corporate residence in domestic law and tax treaties. This disjunction occurs because the various legal meanings ascribed to corporate residence require little in the way of economic attachment to the purported home state. The author begins with a brief review of the phenomenon of tax-driven corporate mobility, followed by a summary of government responses to corporate mobility. In the main body of the article, he argues that residence concepts that were originally intended to reflect substantial activities of corporate management were largely eclipsed by legislated incorporation tests in the United Kingdom and Canada, and were otherwise devitalized by judicial interpretations of "central management and control" when applied to multinational enterprises. The author then argues that although the treaty concept of "place of effective management" has promise because it could denote real and substantive management, to date this interpretation has been eschewed by higher courts, at least in the case of corporations. Recent cases on the residence of trusts are noted because they illustrate a contrasting, and perhaps preferable, approach to entity residence. Given that current formulations of corporate residence appear to be deficient, the author makes tentative suggestions regarding how corporate residence definitions could be improved to focus on the objective reality or unreality of corporate establishment.
Download or read book Corporate Tax Residence and Mobility written by Edoardo Traversa and published by . This book was released on 2018 with total page 764 pages. Available in PDF, EPUB and Kindle. Book excerpt: The concept of residence lies at the core of corporate income taxation. In domestic tax systems, the essential function of the residence concept is to subject resident corporate taxpayers to full tax liability, usually on a worldwide basis. In tax treaties, residence plays a fundamental role in the allocation of taxing powers between states. Moreover, within the European Union, it gives access to the legal protection granted to companies by internal market rules, whether contained in EU treaties (fundamental freedoms) or in tax directives. Today, however, the globalization and the digitalization of the economy are putting residence under heavy pressure. Within multinational enterprises, the geographical dislocation of the functions performed by people and entities within the multinational group makes it harder to identify a central place of decision or management in cases where this place is not the same as the place where the company was incorporated. Moreover, tax planning strategies involving location or the transfer of residence to low-tax jurisdictions have come under the spotlight of international organizations, such as the OECD and the European Union. Against this background, this book examines the notion of residence from a comparative, EU and international law perspective. It is divided into two parts. Part one comprises a general introductory report, as well as five thematic reports on key present and future issues concerning the tax residence of companies. Part two comprises the national reports of 14 EU Member States and 6 non-EU Member States (Norway, Russia, Serbia, Turkey, Ukraine and the United States). Those reports contain an extensive analysis of the definition and function of corporate tax residence on the basis of a questionnaire (which is included as an appendix in this book). With contributions from renowned academics from Europe and beyond, this book offers an insightful and multifaceted perspective on a fundamental concept of domestic and international taxation.
Download or read book Defending Worldwide Taxation with a Shareholder Based Definition of Corporate Residence written by J. Clifton Fleming and published by . This book was released on 2017 with total page 35 pages. Available in PDF, EPUB and Kindle. Book excerpt: This Article argues that a principled, efficient, and practical definition of corporate residence is necessary even if some form of corporate integration is adopted, and that such a definition is a key element in designing either a real worldwide or a territorial income tax system as well as a potential restraint on the inversion phenomenon. The Article proposes that the United States adopt a shareholder-based definition of corporate residence that is structured as follows:1. A foreign corporation is a U.S. tax resident for any year if fifty percent or more of its shares, determined by vote or value, was beneficially owned by U.S. residents on the last day of the immediately preceding year (or was the average ownership for the year by U.S. residents as determined by averaging U.S. resident ownership on the last day of each quarter of the preceding year). A foreign corporation presumptively satisfies this test if any class of its shares is regularly traded in one or more U.S. public capital markets or is marketed to U.S. persons.2. This presumption can be rebutted by the foreign corporation showing that U.S. resident beneficial ownership of its shares is below the fifty-percent threshold.3. The presumption can be overcome in the same way by the IRS if it encounters cases where a foreign corporation that is actually foreign-owned lists a class of shares on a U.S. exchange in order to achieve U.S. resident status for tax-avoidance reasons.This proposed shareholder-ownership test, however, would be an alternate definition; a corporation would continue to be a U.S. tax resident if it were formed under the law of a U.S. jurisdiction. Finally, this Article examines the common objections to a shareholder-based definition of corporate residence and explains why those objections are unpersuasive.
Download or read book The Elusive Definition of Corporate Tax Residence written by David Elkins and published by . This book was released on 2018 with total page 18 pages. Available in PDF, EPUB and Kindle. Book excerpt: Although the literature has extensively discussed the issue of corporation residence, it has paid little attention to the terms of reference of the debate. A typical argument will take the following form: the law should adopt Definition D as appropriate because it closely conforms to Principle P. However, such an argument is unpersuasive unless it also provides a convincing explanation for why P is the appropriate principle. Without such an explanation, the fact that D closely conforms to P is a brute fact with no normative value. Nonetheless, the literature generally ignores this first, crucial step. In most cases, it examines tests of corporate residence without a cogent justification for the principles by which it evaluates those tests.This Article will attempt to move the discourse to a more theoretical level by focusing attention not on the definitions themselves but rather on the criteria upon which commentators rely, either explicitly or implicitly, when considering the merits of particular definitions of corporate residence.A survey of the literature reveals four criteria for evaluating tests of corporate residence. Part I considers the three most commonly relied upon criteria: manipulability, clarity, and benefit. It argues that all three are bereft of relevant normative content. Consequently, the fact that a particular test conforms to one or more of these criteria does not constitute adequate grounds for its adoption.The fourth criterion, and the newest member of the pantheon, is purposiveness. As opposed to the more traditional criteria, purposiveness does have normative value: a demonstration that a proposed test conforms to this criterion would constitute a reasonable argument in support of that test. Part II describes this criterion and explores whether it is possible to formulate a test that conforms to it. The answer is that it does not appear possible to do so.The fact that no test appears capable of satisfying the demands of the only criterion with normative value suggests that the quest for an appropriate definition of corporate residence may be a futile endeavor. The Conclusion summarizes the findings and offer some speculation as to why an acceptable definition of corporate residence is so elusive.
Download or read book The Lawyers Reports Annotated written by and published by . This book was released on 1913 with total page 1258 pages. Available in PDF, EPUB and Kindle. Book excerpt:
