~ Archive for Education ~

Tax Policy Seminar – discussion papers

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Here are some of the papers that we have been discussing in our Tax Policy Seminar at Harvard Law School (Current Issues in Tax Law, Policy & Practice), organized by Daniel Halperin and Mihir Desai. Having the opportunity to meet these authors and take part in high-level discussions with them, other professors (e.g., Louis Kaplow, Diane Ring) and students is a real privilege. 

1. Mitigating the Potential Inequity of Reducing Corporate Rates (Dan Halperin, Harvard Law School)
http://www.urban.org/publications/411931.html
“Since the statutory marginal U.S. income tax rate on corporate income is higher than the marginal rate imposed by all of our trading partners except Japan, there have been a number of proposals to reduce the U.S. marginal corporate rate. At the same time, it seems likely that the top individual rate will be increased. However, a differential between marginal corporate and individual rates could reduce the overall rate of tax on corporate distributions and enable higher-income taxpayers to shelter their income from services or investments. This paper suggests that we can mitigate these problems if the lower corporate rate is denied to income from services or passive investments and if there is always a second tax on distributed income. The latter requires reducing the step-up in basis at death and the deduction for charitable contributions by the amount of undistributed earnings to prevent taxpayers from permanently escaping tax on earnings retained in the corporation. Nonetheless lower corporate rates allow reinvested corporate profits to earn a permanent higher rate of return. Setting the combined individual and corporate rates on corporate distributions higher than the top individual rate offsets this advantage and also reduces the risk that corporations will be used to shelter income.” 

2. Foundation or Empire? The Role of Charity in a Federal System
Brian D. Galle (Florida State University College of Law; GWU Law School).
http://papers.ssrn.com/sol3/papers.cfm?abstract_id=1473107

Abstract:     
This Article critiques the prevailing justification for subsidies for the charitable sector, and suggests a new alternative. According to contemporary accounts, charity corrects the failure of the private market to provide public goods, and further corrects the failure of government to provide goods other than those demanded by the median voter.
However, the claim that government can meet the needs only of a single “median voter” neglects both federalism and public choice theory. Citizens dissatisfied with the services of one government can move to or even create another. Alternatively, they may use the threat of exit to lobby for local change. Subsidies for charity inefficiently distort the operation of these markets for legal rules.
Nonetheless, there remains a strong case for subsidizing charity, albeit on grounds new to the literature. Charity serves as gap-filler when federalism mechanisms break down. For example, frictions on exit produce too little jurisdictional competition, and excessively easy exit produces too much competition – a race to the bottom. At the same time, competition from government constrains inefficient charities. Thus, charity and government each perform best as complements to the other.
Finally, this Article sketches the normative legal consequences of these claims. Most significantly, I respond to the claims by Malani and Posner that for-profit charity would be superior to current arrangements. That suggestion would fatally weaken competition between charity and government, defeating the only persuasive purpose for charitable subsidies.

3. Sovereignty, Integration, and Tax Avoidance in the European Union: Striking the Proper Balance
(Lilian V. Faulhaber, Havard Law School, Climenko Fellow Lecturer on Law)

http://www.law.harvard.edu/faculty/faculty-workshops/new-folder/faulhaber.pdf

Abstract
As the need to raise revenue becomes more pressing and public opposition to tax avoidance increases, the European Court of Justice has made it more difficult for the twenty-seven Member States of the European Union to prevent tax avoidance and shape fiscal policy. This article introduces the new anti-avoidance doctrine of the European Court of Justice and analyzes it from the perspective of taxpayers, Member States, and the European Union legal order as a whole. This doctrine is problematic because it has created a legislative vacuum in Europe. No European Union institution has the authority to regulate direct taxation without the unanimous support of all twenty-seven Member States. As the European Court of Justice strikes down Member State efforts to prevent tax avoidance, no institution can step in to replace these Member State provisions. Member States are thus losing sovereignty over policing tax avoidance, but no legislative move toward an integrated approach is possible without the support of Member States. This article proposes several solutions to the problems posed by the doctrine.

International Trade Law – Programs & Center

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Some programs, courses and resource centers devoted to the study and research of international trade law, international economic law and related areas.

  • Master of International Law and Economics (MILE) / World Trade Institute’s (WTI) Summer Academy:  “The World Trade Institute (WTI) is a centre of advanced studies and a forum for interdisciplinary research and teaching in international trade law, economics and international relations, fostering interaction between students and professionals, and allowing researchers and practitioners to pool their expertise.” http://www.wti.org/

 

 

 

 

 

III LATIN AMERICAN INTERNATIONAL TAX PROGRAM

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III LATIN AMERICAN INTERNATIONAL TAX PROGRAM :: COORDINATED BY

João Dacio Rolim Fundação Getulio Vargas Eduardo Baistrocchi Universidad Torcuato Di Tella Philip Postlewaite Northwestern University
 
 
 
 

 

Direito Tributário Internacional

 

 

 

 

 

    

 

 

 

 

June 3-5 – Rio de Janeiro – Brazil

         Objectives of the program

            With a strong practical approach, the program is aimed at the study of cases involving investments from the USA, Latin America, Europe and Asia in Latin America and investments from Latin America in the USA, Latin America, Europe and Asia. The program will be dedicated to the exam of troublesome issues related to transfer pricing, operation of the Latin America treaty network and international tax planning.

LAITP III has as mission to offer professionals dedicated to tax matters an intensive and qualified program on International Tax Law. Tax professors, tax authorities, and tax consultants will share their experiences on the matter.

             

         Content

             

            First Day

June 3rd

Hours:8h                   Transfer Pricing. Controversial issues.Professors:

Professors:

 

Eduardo Baistrocchi, Universidad Torcuato Di TellaJoão Dácio Rolim, Fundação Getúlio Vargas

Philip Postlewaite, Northwestern University

Tom O’Shea, London University

 

          Perspective of the Tax Administration:

ARG  Cecilia Ventura, Head of the International Transactions Department of the Federal Administration of Public Revenue

BRA  Marcos Valadão, General Coordinator of International Affairs of the Federal Revenue of Brazil

CHI   Ricardo Escobar, General Director of the Internal Tax Services

MEX Jorge Antonio Libreros Calderón, Central Administrator for International Rules of the Tax Administration Service

URU  Álvaro Romano, Director of Tax Advisory of the Income General Direction

 

            Perspective of the Taxpayers:

ARG    Sebastián López-Sansón, Estudio O`Farrell

BRA    Marcos Catão, Fundação Getútlio Vargas

CHI     Eduardo Lagos, Estudio Etcheberry

MEX   Luis Trillo, Trillo, Alonso & Fernández del Valle, S.C.

URU    Juan Ignacio Fraschini, Fraschini & Asociados

Moderator: Eduardo Baistrocchi, Universidad Torcuato di Tella

 

            Third Day

June 5th

Hours:

8h                   International Tax Planning in Latin America. Tax consequences in Europe, the USA and Asia.Professors:

 

ARG  Eduardo Meloni, Professor of UTDT

BRA  Marcos Valadao, General Coordinator of International Affairs of the Federal Revenue of Brazil

Gilberto Ayres Moreira, Rolim, Godoi, Viotti & Leite Campos 

CHI   Eduardo Lagos, Estudio Etcheberry

UK     Tom O´Shea, London University

USA  Philip Postlewaite, Northwestern University

Moderator: Philip Postlewaite, Northwestern University

 Click here to order the program.                                                              

                   

INFORMATION

Hours:

8:30 to 12:30h

14:30 to 18:30h

Local:

JW Marriott Hotel

Rio de Janeiro

Avenida Atlantica, 2600 Copacabana

Rio de Janeiro, Brazil

Include:

 

Materials and Certificateof Conclusion

Program Information:

 

Tel: (55 21) 3543-1800Email:

Click Here to order the program.

REGISTRATION

Ana Lúcia Faruolo

Tel: (55 21) 3543-1800  

Email:

 Forum executive information (55 21) 3543-1800

http://www.forumconferencias.com.ar/

 

 

 

 

 

Paolo di Capitani, Studio Uckmar Associazzione ProfessionaleSebastián López Sansón, Estudio O´Farrell

Luis Eduardo Schourei, Fundação Getúlio Vargas

 

        Perspective of the Tax Administration:

ARG Cecilia Ventura, Head of the International Transactions Department of the Federal Administration of Public Revenue

BRA

CHI   Ricardo Escobar, General Director of the Internal Tax Services

MEX Jorge Antonio Libreros Calderón, Central Administrator for International Rules of the Tax Administration Service

URU Álvaro Romano, Director of Tax Advisory of the Income General Direction

 

            Perspective of the Taxpayers:

ARG      Sebastián López-Sansón, Estudio O`Farrell

BRA      Elen Orsini, Orsini Consultoría – Tributação Internacional

CHI       Eduardo Lagos, Estudio Etcheberry

MEX     Luis Trillo, Trillo, Alonso & Fernández del Valle, S.C.

URU      Juan Ignacio Fraschini, Fraschini & Asociados

Moderator: João Dacio Rolim, Fundação Getúlio Vargas

 

                                                                                                                                              

            Second Day

June 4th

Hours:

8h                   Double Tax Treaties Interpretation and Application in Developing Countries.

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