Tax Legislation (tax + legislation)

Distribution by Scientific Domains


Selected Abstracts


Testing Alternative Legal Paradigms: An Experiment in Designing Tax Legislation

LAW & SOCIAL INQUIRY, Issue 1 2009
Graeme S. Cooper
This article reports on empirical research undertaken to test the claim made in a law reform project that citizens could be made more certain of their legal obligations by changing the legal paradigm used to express their rights and obligations. Our research tested a number of hypotheses involving different formulations of the claim being made. We find that the alternative paradigm being presented was inferior to current practice and offer some reasons that would explain our results and the significance of this work for other areas of legal research. [source]


Aspects of tax pertaining to insolvency law in South Africa,

INTERNATIONAL INSOLVENCY REVIEW, Issue 3 2005
Elzette Muller
This paper seeks to briefly analyse the somewhat convoluted provisions contained in South African tax legislation that apply to insolvent entities in South Africa. While South Africa has modern and effective taxation laws, the provisions, when applied to insolvent entities, are often exposed as cumbersome and ineffective. Tax legislation in South Africa does not take proper cognisance of the unique nature of insolvency, often placing a heavy burden on the trustee or liquidator who is required to administer the estate as speedily and effectively as possible. In addition, there are different rules that apply to consumer and corporate insolvency regarding the assessment of income tax pre- and post-liquidation. The recent introduction of a capital gains tax has placed an additional burden on insolvency practitioners, especially considering the lack of clarity as to how these provisions should be applied in practice. Although the Value-Added Tax Act was introduced more than a decade ago, its provisions continue to pose problems for insolvency practitioners during the administration process of insolvent estates. Despite these difficulties, the South African revenue authorities are to be lauded for the sensible manner in which problems are addressed in practice. Copyright 2005 John Wiley & Sons, Ltd. [source]


Who Benefits from the Reform of Pension Taxation in Germany?,

FISCAL STUDIES, Issue 1 2007
Hans Fehr
The present paper quantifies the revenue, distributional and efficiency effects of the recent reform of pension taxation in Germany. The starting point is the new legislation, which has introduced a switch to the deferred taxation of retirement benefits starting in 2005. We compare this reform with an alternative transition proposed by the Federation of German Pension Insurance Institutes (VDR), where double taxation is avoided at the cost of higher revenue losses. Our simulations indicate significant growth and efficiency gains from the new tax legislation. Winners from the reform are mainly younger workers, while older workers, civil servants and the self-employed will lose. The VDR proposal would have resulted in higher efficiency gains, but also in stronger distributional consequences. [source]


Aspects of tax pertaining to insolvency law in South Africa,

INTERNATIONAL INSOLVENCY REVIEW, Issue 3 2005
Elzette Muller
This paper seeks to briefly analyse the somewhat convoluted provisions contained in South African tax legislation that apply to insolvent entities in South Africa. While South Africa has modern and effective taxation laws, the provisions, when applied to insolvent entities, are often exposed as cumbersome and ineffective. Tax legislation in South Africa does not take proper cognisance of the unique nature of insolvency, often placing a heavy burden on the trustee or liquidator who is required to administer the estate as speedily and effectively as possible. In addition, there are different rules that apply to consumer and corporate insolvency regarding the assessment of income tax pre- and post-liquidation. The recent introduction of a capital gains tax has placed an additional burden on insolvency practitioners, especially considering the lack of clarity as to how these provisions should be applied in practice. Although the Value-Added Tax Act was introduced more than a decade ago, its provisions continue to pose problems for insolvency practitioners during the administration process of insolvent estates. Despite these difficulties, the South African revenue authorities are to be lauded for the sensible manner in which problems are addressed in practice. Copyright 2005 John Wiley & Sons, Ltd. [source]