Download or read book Mandatory Disclosure Rules and Taxpayers Rights written by Carlos E. Weffe and published by . This book was released on 2023 with total page 0 pages. Available in PDF, EPUB and Kindle. Book excerpt: Curtailment of aggressive tax planning (ATP) has become a critical matter for international taxation. Mandatory disclosure rules (MDR) work as an early warning system for ATP strategies. They allow tax authorities to respond quickly to tax risks "through informed risk assessment, audits, or changes to legislation or regulations" while deterring taxpayers and tax advisers from designing, promoting or implementing ATP. MDR have become a significant trend, of which the EU Council Directive 2018/822 (DAC6) represents the most topical development. In light of the above, this study addresses the questions MDR raise regarding their "value rationality" and, therefore, its adequacy for protecting tax advisers' and taxpayers' rights. The article warns of the risk of MDR becoming a way of haunting legal tax planning, along with tax advisers and their business, and therefore a threat to the "hard core" of taxpayers? rights to legal tax planning, legal aid and nemo tenetur, along with severe limitations to the economic freedoms of both taxpayers and tax advisers. The article also discusses the audi alteram partem issues arising from the taxpayers' lack of involvement in the qualification as ATP of a given scheme, and the siege against the (legal) professional privilege that MDR represent. Finally, the article tackles the severe doubts raised by the sanctions for non-compliance with MDR, regarding legally protected rights, proportionality and culpability, as well as the use of non-monetary penalties and the communicability of evidence obtained through MDR in criminal proceedings.Full-text Paper.
Download or read book Mandatory Disclosure Rules and Taxpayers Rights where Do We Stand written by C.E. Weffe H. and published by . This book was released on 2021 with total page pages. Available in PDF, EPUB and Kindle. Book excerpt: Curtailment of aggressive tax planning (ATP) has become a critical matter for international taxation. Mandatory disclosure rules (MDR) work as an early warning system for ATP strategies. They allow tax authorities to respond quickly to tax risks "through informed risk assessment, audits, or changes to legislation or regulations" while deterring taxpayers and tax advisers from designing, promoting or implementing ATP. MDR have become a significant trend, of which the EU Council Directive 2018/822 (DAC6) represents the most topical development. In light of the above, this study addresses the questions MDR raise regarding their "value rationality" and, therefore, its adequacy for protecting tax advisers' and taxpayers' rights. The article warns of the risk of MDR becoming a way of haunting legal tax planning, along with tax advisers and their business, and therefore a threat to the "hard core" of taxpayers? rights to legal tax planning, legal aid and nemo tenetur, along with severe limitations to the economic freedoms of both taxpayers and tax advisers. The article also discusses the audi alteram partem issues arising from the taxpayers' lack of involvement in the qualification as ATP of a given scheme, and the siege against the (legal) professional privilege that MDR represent. Finally, the article tackles the severe doubts raised by the sanctions for non-compliance with MDR, regarding legally protected rights, proportionality and culpability, as well as the use of non-monetary penalties and the communicability of evidence obtained through MDR in criminal proceedings.
Download or read book EU Tax Disclosure Rules written by Haase, Florian and published by Edward Elgar Publishing. This book was released on 2021-08-27 with total page 330 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book provides a comprehensive, practical guide to the 6th amendment of Council Directive 2011/16/EU on administrative cooperation in the field of taxation (known as DAC6). Florian Haase offers insight and clarity into the mandatory reporting obligations imposed by DAC6 on intermediaries engaged in tax matters involving cross-border activities, and in some cases taxpayers themselves, as well as the characteristics or ‘hallmarks’ outlined in the Directive that trigger these obligations.
Download or read book New Mandatory Disclosure Rules for Tax Intermediaries and Taxpayers in the European Union Another bite Into the Rights of the Taxpayer written by N. Čičin-Šain and published by . This book was released on 2019 with total page pages. Available in PDF, EPUB and Kindle. Book excerpt: The European Union responded to the propositions of the OECD in the BEPS Action 12 Final Report on Mandatory Disclosure Rules (MDR) by creating its own rules in the form of Council Directive 2018/822 of 25 May 2018, which is the sixth amendment of Directive 2011/16/EU on administrative cooperation in the field of taxation (DAC 6). This article focuses on the controversial aspects of DAC 6, namely its impact on the fundamental rights of taxpayers. It investigates (i) how the European MDR indirectly affect the taxpayers' right to legal certainty and legitimate expectations through active prevention of "aggressive" or "potentially aggressive" tax schemes by rapid changes in legislation; (ii) how they will impact the taxpayers' right to legal advice and legal representation, as well as the right not to self-incriminate; and (iii) what the interplay is between taxpayers' right to privacy and data protection and the reporting requirements.
Download or read book Mandatory Disclosure Rules written by Georg Kofler and published by . This book was released on 2023 with total page 0 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Download or read book OECD G20 Base Erosion and Profit Shifting Project Mandatory Disclosure Rules Action 12 2015 Final Report written by Oecd and published by Org. for Economic Cooperation & Development. This book was released on 2015-10-20 with total page 100 pages. Available in PDF, EPUB and Kindle. Book excerpt: Addressing base erosion and profit shifting (BEPS) is a key priority of governments. In 2013, OECD and G20 countries, working together on an equal footing, adopted a 15-point Action Plan to address BEPS. This publication is the final report for Action 12.
Download or read book Study of Present law Taxpayer Confidentiality and Disclosure Provisions as Required by Section 3802 of the Internal Revenue Service Restructuring and Reform Act of 1998 Study of disclosure provisions relating to tax exempt organizations written by and published by . This book was released on 2000 with total page 224 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Download or read book United States Code written by United States and published by . This book was released on 2013 with total page 1506 pages. Available in PDF, EPUB and Kindle. Book excerpt: "The United States Code is the official codification of the general and permanent laws of the United States of America. The Code was first published in 1926, and a new edition of the code has been published every six years since 1934. The 2012 edition of the Code incorporates laws enacted through the One Hundred Twelfth Congress, Second Session, the last of which was signed by the President on January 15, 2013. It does not include laws of the One Hundred Thirteenth Congress, First Session, enacted between January 2, 2013, the date it convened, and January 15, 2013. By statutory authority this edition may be cited "U.S.C. 2012 ed." As adopted in 1926, the Code established prima facie the general and permanent laws of the United States. The underlying statutes reprinted in the Code remained in effect and controlled over the Code in case of any discrepancy. In 1947, Congress began enacting individual titles of the Code into positive law. When a title is enacted into positive law, the underlying statutes are repealed and the title then becomes legal evidence of the law. Currently, 26 of the 51 titles in the Code have been so enacted. These are identified in the table of titles near the beginning of each volume. The Law Revision Counsel of the House of Representatives continues to prepare legislation pursuant to 2 U.S.C. 285b to enact the remainder of the Code, on a title-by-title basis, into positive law. The 2012 edition of the Code was prepared and published under the supervision of Ralph V. Seep, Law Revision Counsel. Grateful acknowledgment is made of the contributions by all who helped in this work, particularly the staffs of the Office of the Law Revision Counsel and the Government Printing Office"--Preface.
Download or read book Statement of Procedural Rules written by United States. Internal Revenue Service and published by . This book was released on 1980 with total page 12 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Download or read book The Collection Process income Tax Accounts written by United States. Internal Revenue Service and published by . This book was released on 1978 with total page 4 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Download or read book Study into the Role of Tax Intermediaries written by OECD and published by OECD Publishing. This book was released on 2008-03-10 with total page 92 pages. Available in PDF, EPUB and Kindle. Book excerpt: This report examines the role tax intermediaries play in the operation of tax systems and specifically to understand their role in “unacceptable tax minimisation arrangements” as well as to identify strategies for strengthening the relationship betweeen tax intermediaries and revenue bodies.
Download or read book Taxpayers Rights and Obligations written by Organisation for Economic Co-operation and Development. Committee on Fiscal Affairs. Working Party No. 8 and published by Organisation for Economic Co-operation and Development ; Washington, D.C. : OECD Publications and Information Center. This book was released on 1990 with total page 120 pages. Available in PDF, EPUB and Kindle. Book excerpt: This report provides a detailed description and analysis of the different legal provisions in twenty-two OECD countries relating to taxpayers' rights and the compliance powers of tax authorities. The accompanying tables present a comparison of country practices in 1989 and identify major reforms introduced in recent years.
Download or read book At a Crossroads Mandatory Disclosure Under DAC 6 and EU Primary Law Part 1 written by D.W. Blum and published by . This book was released on 2019 with total page pages. Available in PDF, EPUB and Kindle. Book excerpt: This article examines the Member States' new obligations under DAC-6, which requires the enactment of mandatory disclosure rules for potentially aggressive cross-border tax-planning arrangements and analyses their compatibility with EU primary law. After describing the tax policy environment in which the DAC-6 rules were introduced, Part 1 of this article - while providing a brief overview of the mandatory disclosure rules - discusses whether the Treaty on the Functioning of the European Union foresees a viable legal basis for harmonization with respect to this subject matter and examines whether the DAC-6 rules are in line with the fundamental freedoms. Part 2, published in issue 7 of European Taxation (2019), continues with an in-depth analysis of DAC-6's potential interference with the rights enshrined in the Charter of Fundamental Rights of the European Union and closes by highlighting selected tax policy issues associated with the mandatory disclosure regime of DAC-6.
Download or read book At a Crossroads Mandatory Disclosure Under DAC 6 and EU Primary Law Part 2 written by D.W. Blum and published by . This book was released on 2019 with total page pages. Available in PDF, EPUB and Kindle. Book excerpt: This article examines the Member States' new obligations under the DAC-6, which requires the enactment of mandatory disclosure rules for potentially aggressive cross-border tax-planning arrangements and analyses their compatibility with EU primary law. After describing the tax policy environment in which the DAC-6 rules were introduced, Part 1 of this article discussed whether the Treaty on the Functioning of the European Union foresees a viable legal basis for harmonization with respect to this subject matter and whether the DAC-6 rules are in line with the fundamental freedoms. This Part 2 continues with an in-depth analysis of the DAC-6's potential interference with the rights enshrined in the Charter of Fundamental Rights of the European Union and closes by highlighting selected tax policy issues associated with the mandatory disclosure regime of the DAC-6.
Download or read book Tax Avoidance in the Spotlight the EU Mandatory Disclosure Rules and Their Impact on Asset Managers and Private Equity written by T. Clappers and published by . This book was released on 2019 with total page pages. Available in PDF, EPUB and Kindle. Book excerpt: Discussions on fair taxation are a hot topic for debate in the public arena and are high on the political agenda. As part of these discussions, countries are looking for disclosure mechanisms to provide them with timely information about certain schemes to be able to detect and tackle tax avoidance and evasion. In this context, the European Union adopted tax transparency rules that require intermediaries and relevant taxpayers to report relevant cross-border arrangements. This article provides a general overview of the EU mandatory disclosure rules and discusses some of the matters relevant to asset managers and private equity.
Download or read book The Dutch Implementation of the New EU Mandatory Disclosure Rules written by M. van Herksen and published by . This book was released on 2020 with total page pages. Available in PDF, EPUB and Kindle. Book excerpt: On 1 July 2020, European taxpayers and their intermediaries will first have to start reporting on certain tax arrangements deemed potentially aggressive under the sixth amendment of the EU Directive on Administrative Cooperation in the field of Taxation (DAC6). The obligation to report has retroactive effect from 25 June 2018, the date DAC6 entered into force. While much is still uncertain, sizeable portions of the forthcoming rules are becoming clearer as Member State legislations attempt to provide guidance on the EU law obligations in the process of transposing DAC6 into national law. The Dutch government has recently published its reaction to a myriad of questions posed by both chambers of parliament and several stakeholders, most notably the Dutch association of tax advisors (NOB). After a summary of the rules in DAC6 the authors will look at some of the answers given by the Dutch government.
Download or read book Farmer s Tax Guide written by and published by . This book was released on 1998 with total page 112 pages. Available in PDF, EPUB and Kindle. Book excerpt:
