sexta-feira, 9 de outubro de 2009

Parece que o IVA vai chegar aos EUA... E em Portugal, vai-se fazer o quê?

Tax Governance Institute Webcast

Will the U.S. Adopt a Value-added Tax (VAT)?

Date: Wednesday, October 14, 2009
Time:
1:00 p.m. – 2:30 p.m. (ET)
Format:
Live Video Webcast

Projected federal budget deficits are leading tax policy makers to look for additional revenue sources. Alan Greenspan has said, "I think that there is a fairly significant probability that the least worst solution to the [budget] problem will end up to be a value-added tax, because it's the only thing that raises revenue in significant quantities without significantly impacting on the economy."

The Tax Governance Institute will devote its next video Webcast session to an examination of the question whether the United States will adopt a VAT as a new revenue source. The session will examine the country’s revenue needs; discuss why a VAT, as compared to other consumption taxes, could be a likely new revenue source; compare existing VAT systems in other countries, review the Canadian experience in structuring and implementing a VAT; and review other realistic options for the United States.

Moderated by Hank Gutman, Director of the Tax Governance Institute, KPMG LLP and former chief of staff on the Congressional Joint Committee on Taxation, panelists will include Richard Bird, Professor Emeritus and Associate of the International Institute of Business, Rotman School of Management, and Senior Fellow, Institute for Municipal Finance and Governance, Munk Centre for International Affairs, the University of Toronto; Bill Gale, the Arjay and Frances Miller Chair in Federal Economic Policy in the Economic Studies Program at the Brookings Institution; Wally Hellerstein, the Francis Shackelford Professor of Taxation, University of Georgia Law School; and

Harley Duncan, Managing Director, Washington National Tax, KPMG LLP, and former executive director of the Federation of Tax Administrators.

Para quando uma Directiva relativa ao inposto sobre o rendimento?

Brussels, 8 October 2009

Corporate taxation: Commission refers the United Kingdom to the European Court of Justice over improper implementation of an ECJ ruling on cross-border loss relief

The European Commission has decided to refer the United Kingdom to the European Court of Justice (ECJ) for improper implementation of the ECJ ruling in Marks & Spencer on cross-border loss relief. The relevant UK legislation imposes conditions on cross-border group loss relief which make it virtually impossible for tax payers to benefit from such relief. The relevant provisions are incompatible with the right of establishment provided for in Articles 43 and 48 of the EC Treaty and Articles 31 and 34 of the EEA Agreement .

In the Marks & Spencer ruling (Case C-446/03 of 13 December 2005) the Court ruled that it is disproportionate to prohibit a UK parent company from deducting the losses of its non-resident subsidiary, when the latter has exhausted all possibilities for relief in its State of establishment. Following this ruling, the UK should in principle grant relief for definitive losses of a subsidiary established in another Member State.

However, although the legislation has been amended, the UK continues to impose conditions on cross-border group loss relief which in practice make it impossible or virtually impossible for the taxpayer to benefit from such relief in accordance with the judgment in Marks & Spencer. This in particular concerns the following aspects:

An unnecessarily restrictive interpretation of the condition that there should be no possibility of use of the loss in the State of the subsidiary (paragraph 7 of Schedule 18A of the Income and Corporation Taxes Act (ICTA) 1988);
The parent company should demonstrate that the condition that there should be no possibility of use of the loss in the State of the subsidiary is met as from immediately after the end of the accounting period in which the loss arises ( Part 1, paragraph 7(4), of Schedule 18A ICTA 1988);
the legislation states that it applies only to losses incurred after 1 April 2006 ( Part 3 of Schedule 1 of the Finance Act 2006).
According to the Commission, these conditions render the UK legislation incompatible with the freedom of establishment, guaranteed by Articles 43 and 48 of the EC Treaty and Articles 31 and 34 of the EEA Agreement.

The Commission's case reference number is 2007/4026.

Press releases on infringement proceedings in the field of taxation and the customs union can be consulted at:

http://ec.europa.eu/taxation_customs/common/infringements/infringement_cases/index_en.htm

The latest general information on infringement proceedings against Member States can be found at:

http://ec.europa.eu/community_law/index_en.htm

For the press releases issued on infringement procedures in the taxation or customs area see:

http://ec.europa.eu/taxation_customs/common/infringements/infringement_cases/index_en.htm

For the latest general information on infringement measures against Member States see:

http://ec.europa.eu/community_law/infringements/infringements_en.htm

Conferência...

IRS and GWU Host 22nd Annual International Tax Conference

WASHINGTON — Senior law professors from the George Washington University Law School will join with officials from the Treasury Department, the Internal Revenue Service and representatives of the tax authorities of foreign governments to discuss significant tax compliance and treaty issues at the 22nd Annual Institute on Current Issues in International Taxation.

The two-day program will be held on Dec. 10 and 11, 2009, at the J.W. Marriott Hotel located at 1331 Pennsylvania Avenue, Washington, D.C.

Those interested in attending can find out more about the topics, speakers and registration from the GWU Law School.

The program is designed primarily for corporate tax executives responsible for international tax matters, tax counsels of domestic and foreign multinational corporations, lawyers working in the international tax area and accounting firm partners and managers working in the international tax area.

The conference has been arranged to provide opportunities for lively exchanges between members on the panels who represent government, academia and the private sector and to offer question and answer periods with members of the audience. It will include the perennial ‘Ask the IRS’ session where senior IRS officials respond to questions from the audience.

The conference is further described in Announcement 2009-77.

domingo, 4 de outubro de 2009

sábado, 3 de outubro de 2009

Regime Simplificado

Acórdão do STA de 20090930


Por vezes, o tentar obter um valor mais elevado de liquidação adicional incorpora o risco de um Tribunal anular essa liquidação.

Analisando este Acórdão, conclui-se que se a correcção ao lucro tributável fosse efectuada de acordo com o regime simplificado de determinação do lucro tributável em IRC - regime que abrangia a impugnante/recorrente - o Supremo Tribunal Administrativo (STA) manteria na ordem jurídica a liquidação feita nesses termos.

Como o apuramento do lucro tributável foi feito de acordo com o regime geral de apuramento do lucro tributável, a liquidação adicional € 369.352,88 foi anulada pelo STA.

quarta-feira, 23 de setembro de 2009

Um momento importante para mim

Paper IJA

Tentar publicar numa revista académica internacional (com peer review) é um processo longo, com muitas contrariedades e desilusões pelo caminho.

Ao fim de algumas conferências e muitas alterações desde a proposta inicial, conseguimos finalmente a publicação.

Lamento não poder publicar a versão completa.

Revista Fiscal Studies

Na secção "Revistas" foi adicionado o link para a Fiscal Studies

domingo, 20 de setembro de 2009

Scott Dyreng

Foi adicionada na secção "Professores" a webpage de Scott Dyreng.

E os professores portugueses das áreas do conhecimento sobre que se debruça este blog? Por onde andam as webpages deles...

Para já ainda só encontrei a do Prof. Saldanha Sanches.

sábado, 19 de setembro de 2009

E em Portugal, como é?

Corporate manager aggressiveness in tax decision-making
by Zuber, Jill M., Ph.D., University of Arkansas, 2007 , 128 pages; AAT 3292662

Abstract (Summary)

"The Government Accountability Office has estimated that federal coffers have been deprived of $33 billion [in uncollected tax revenues] over the last 10 years by abusive tax shelters identified by the government" (Browning 2004, C-1). The Internal Revenue Services' approach of disallowing tax transactions is reactive, haphazard, and resource intensive. How much tax revenue has the U.S. government lost due to aggressive tax decision-making through potentially controversial tax choices not identified by the Internal Revenue Service (IRS)? The purpose of this research is to investigate the impact of (1) organizational culture, (2) commitment to the organization, and (3) risk and ambiguity on corporate manager aggressiveness in tax decision-making. Within the corporate environment, tax decisions are made on behalf and in the economic interest of the corporate taxpayer. Engaging in transactions or methods (tax shelters) that maximize after-tax returns, but are unintended by the law, illustrate aggressiveness in tax decisions. Tax choices can be classified as tax avoidance (legitimate means of reducing taxes that are specifically prescribed and endorsed by Congress), tax evasion (an illegal tax reducing method that is specifically disallowed by tax law, IRS regulations, or judicial precedent or the reporting of more deductions and/or less income than actually occurred), or as gray area choices. Tax choices exist in a gray area when they are not adequately described as either tax avoidance or tax evasion. For example, gray area choices are tax deductions that are not explicitly disallowed by tax law but are also not specifically allowed. For purposes of this study, gray area tax choices are defined as tax aggressiveness.

The purpose of the first study is to investigate the influence of organizational culture on corporate manager aggressiveness in tax decisions. Managers do not operate independently; they are affected by their environment, what others do, and their perceptions of what is acceptable by society, like minded professionals, other managers in the organization, and their organization's culture. The effect of organizational culture on tax decision-making is an important topic as pressure exists within corporate America to maximize after-tax profits and the IRS continues to disallow tax shelters taken by corporate taxpayers. Using an experimental task, 58 MBA students classified an asset for tax depreciation purposes. The results indicate that subjects assigned to an aggressive organizational culture make more aggressive tax choices than subjects assigned to a non-aggressive culture. Further, subjects in the non-aggressive culture treatment group consider their personal attitude towards taking risk in addition to the culture when making tax choices.

The purpose of the second study is to examine whether an individual's commitment (identification and attachment) to the organization amplifies or diminishes the effect of culture on aggressive tax decision-making. Theory suggests that individuals who are highly committed to the organization will make decisions that are aligned with the organizational culture. However, the results of this study indicate that individuals with low commitment make decisions aligned with their organization's culture. Regardless of their commitment to the organization, individuals in an aggressive culture make more aggressive tax decisions than those in a non-aggressive culture.

The purpose of the third study is to investigate the influence of environment ambiguity, risk, and tolerance of ambiguity on corporate manager aggressiveness in tax decision-making. Seventy-eight senior accounting students and graduate accounting students made a tax decision from three transfer pricing choices provided in an experimental task. Theory suggests individuals operating in ambiguous environments make conservative (unconservative) decisions because they overestimate (underestimate) the level of risk when it is low (high). The overall results of this study indicate that individuals are not impacted by ambiguity when making tax choices. However, the individual's assessment of risk is impacted by ambiguity when the risk of a particular tax choice is low. The tax choices and assessments of risk are not influenced by the individuals' tolerance of ambiguity. However, the importance of the magnitude of tax savings to individuals did differentiate those choosing the low risk tax choice from those choosing an aggressive tax choice. Finally, two new measures, intent of rules observance and tax aggressiveness as the norm, are developed and their influence on aggressive tax decision-making is explored.

This dissertation examines three potential causes, (1) organizational culture, (2) commitment to the organization, and (3) risk and ambiguity of corporate manager aggressiveness in tax decision-making. Collectively, this dissertation contributes to the literature by exploring antecedents and broadening our understanding of aggressive tax decisions made on behalf of corporate taxpayers.

sábado, 12 de setembro de 2009

Procedimento de inspecção

Acordão do TCAS - Inspecçõespdf

E as questões formais voltam a ganhar...

Para este caso em concreto, será a questão controvertida suficiente forte para gerar a anulabilidade?
Não teve o sujeito passivo oportunidade de demonstrar a integridade do sistema informático? Essa sim, a questão central na busca da verdade fiscal, à qual foi alheia a decisão judicial.

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