Academic literature on the topic 'Unitary tax'

<span>How to determine the amount of income of essentially integrated multi-jurisdictional business entities that should be taxable by a particular state constitutes one of the most persistent issues in the state tax area. The need to resolve this issue is critical in light of states fiscal needs and the growing interdependence of the global economy. Unitary taxation constitutes a frequently employed approach to the issue. Unitary taxation, particularly its common variant of worldwide formula apportionment, has generated considerable controversy with regard to the appropriateness of its manner of apportionment and the impact it can have upon interstate and international commerce and relations. In this paper examination and analysis are made of: the major issues pertaining to the unitary tax and worldwide formula apportionment, the evolution of the unitary tax and the case law concerning it, as well as alternative courses of action for resolving the unitary tax controversy.</span>

Taxpayers and taxing jurisdictions are, by definition and motivation, opposing forces and, therefore, in continual conflict. Taxpayers strive to minimize their tax liabilities while taxing jurisdictions seek ways to maximize their tax revenues. The unitary tax apportionment method was conceived by taxing jurisdictions as a method to prevent taxpayers from avoiding their fair share of the tax burden. The method evolved from a fairly insignificant procedure for the assessment of local property taxes to a very controversial means of apportioning the worldwide income of multinational corporate groups. Taxpayers have challenged the unitary tax apportionment method by utilizing economic sanctions, the legal system and the political process. This paper traces the effect of taxpayers' judicial, political and economic actions on the evolution of the unitary tax apportionment method. The study demonstrates that although taxpayers challenged this expansion numerous times in the courts and through the political process, it was not until taxpayers used economic sanctions that the states began to restrict the reach of the unitary method. Public law, case law, position statements, interviews and journal and newspaper articles provided the data for this study.

This study examines the optimal location choice decisions of a two-state firm in response to changing state corporate income tax rates and tax structures. Because the firm can engineer its tax liability by manipulating between-state location of sales, property, and payroll, changes in relative state tax rates should result in the firm making such location changes. Results of a model firm simulation, examining various combinations of state tax rates and unitary vs. nonunitary tax structures, found that the firm would make interstate resource changes to minimize company-wide state income taxes. Important findings of the study are that tax rate changes in nonunitary states may cause little or no change in resources used in that state. Indeed, in one scenario, the resulting resource flows from a tax increase are favorable to the nonunitary state, making a tax increase a win-win situation for the state government (higher tax revenue and more economic activity). In contrast, changes in unitary state tax rates can result in significant resource changes in both the unitary state and in other states. The finding that tax rate cuts are ineffective in nonunitary states implies that these states may be more successful in attracting investment by changes affecting apportionment factors (tax credits for new capital, or new jobs) or by use of nontax incentives.

This study examines how variations in states' corporate income tax regimes affect new capital investment by business. Using U.S. state-aggregated data from 1983 to 1996, we find in pooled and fixed-effects regressions that new capital expenditures by corporations in the manufacturing sector are decreasing in the income tax burden on property (measured as the product of the statutory tax rate and the property factor weight), and increasing at a decreasing rate in investment-related tax incentives. The effect of the income tax burden on property is more pronounced for states mandating unitary taxation or the throwback rule. Triangulating our empirical findings with prior analytical and simulation studies suggests the following hierarchy for the relative importance of major attributes of state corporate income tax regimes: the unitary or throwback requirement is most influential on incremental capital investment, followed by apportionment weights and tax rates, and, finally, investment-related incentives.

AbstractMultinational companies are now obliged to deliver an annual report to the tax authorities with information disaggregated by country (country-by-country reporting) in order to show where the assets and workers are allocated, how profits are distributed and to whom taxes are paid. Unfortunately, these reports are not made public in the European Union, thus preventing public scrutiny about the strategies used by multinational companies to displace profits to tax havens. This article applies the Unitary Taxation regime proposed by the European Commission to US multinational companies. The results confirm a strong bias among the profits distribution towards countries with lower corporate tax rates. Likewise, they confirm the capacity of the Unitary Taxation to promote a fairer distribution of tax revenues. These results can be a good contribution to the current Portuguese presidency of the European Union, which managed to gather important support to move forward with the European public country-by-country reporting directive.

Abstract This paper focuses on detailing the general coordinates regarding tax evasion and the necessity of creating a common unitary European legal framework. Accounting information might mirror erroneously in a certain measure the micro to macroeconomic tendency of fraud by showing a gross image of available resources. It is of the utmost importance to become fully aware of causes for illicit practices, ways to fight any fraud attempts and to evaluate the accounting mechanism that both creates and identifies tax evasion.

Tax sharing arrangements provide considerable financial resources to sub-central government levels. This statement is true both for unitary and federal states although tax revenue sharing mechanisms differ significantly across countries. The basic aim of this article is to compare the mechanisms adopted in Germany and in Poland. It assesses the degree of tax autonomy granted to sub-central government levels in the countries analysed, overviews the principles of apportionment of joint (shared) taxes and presents statistics on tax revenue composition of sub-central government levels.

The global mobility of capital and the availability of tax havens enable multinational corporations and wealthy individuals to escape tax payments due in their home countries. Most states react by shifting more of the tax burden onto labour and consumption, while lowering corporate tax rates in an effort to remain internationally competitive, thereby creating a tax system that is both inequitable and socially and economically unsustainable. However, there is scant evidence that lower taxes on capital in fact contribute to higher investment, but they do lead to profit shifting for the purpose of tax planning. Alternative tax systems such as unitary taxation could help to stop profit shifting and slow down tax competition.

This thesis models negotiations over U.S. subfederal economic policies that conflict with international norms. It analyses a recent case of a U.S. state government bargaining with foreign entities over a subfederal economic regulation which violated international norms: California's system of worldwide combined unitary taxation. The thesis applies Stopford and Strange's framework of state-firm bargaining to the subfederal level by: 1) determining which actors were involved in lobbying to change a U.S. state economic policy which violated international norms, California's unitary tax method; 2) determining the actors' policy agendas; 3) determining the different types of political and economic assets each actor possessed, and how effectively the actors used these assets to achieve their policy agendas; 4) determining how effectively the actors used various channels of negotiation to influence California's policy, and; 5) determining the most effective uses of assets and negotiating channels, key initiatives which influenced the outcome of the policy debate. What happens when U.S. state economic regulations conflict with international norms. What capabilities do states possess to defend their regulations when bargaining in the international arena. This thesis will argue that in the case of California's unitary tax, the following hypotheses are valid: 1) Powerful U.S. states such as California can maintain regulatory standards at odds with federal and international norms. Growing global economic interdepence is not eliminating California's regulatory options, since the U.S. federal government often refuses to effectively constrain powerful states which violate federal and international norms. 2) U.S. state governments can bargain directly with foreign governments and multinational enterprises as actors in the international arena. As the international arena increasingly intrudes on the affairs of subfederal governments, the U.S. federal government will not always be the preeminent negotiating channel for international actors seeking to influence U.S. economic policies.

The Formulary Approach to the Taxation of Transnational Corporations: A Realistic Alternative? Synopsis The central hypotheses of this thesis are: that global formulary apportionment is the most appropriate method for the taxation of transnational corporations (TNCs) in lieu of the present system commonly referred to as the separate accounting/arm's length method; and that it is essential, in order to implement the proposed global formulary model, to create an international organisation which would fulfil, in the taxation field, a role equivalent to that of the World Trade Organisation (WTO) in international trade. The world economy is fast integrating and is increasingly dominated by the activities of transnational enterprises. These activities create a dual tax problem for various revenue authorities seeking to tax gains derived thereon: Firstly, when two or more countries entertain conflicting tax claims on the same base, there arises what is commonly referred to as a double taxation problem. Secondly, an allocation problem arises when different jurisdictions seek to determine the quantum of the gains to be allocated to each jurisdiction for taxation purposes. The traditional regime for solving both the double taxation and the allocation problem is enshrined in a series of bilateral treaties signed between various nations. These are, in general, based on the Organisation for Economic Co-operation and Development (OECD) Model Treaty.1 It is submitted, in this thesis, that while highly successful in an environment characterised by the coexistence of various national taxation systems, the traditional regime lacks the essential attributes suitable to the emerging 'borderless world'. The central theme of this thesis is the allocation problem. The OECD Model attempts to deal with this issue on a bilateral basis. Currently, the allocation problem is resolved through the application of Articles 7 and 9 of the OECD Model. In both instances the solution is based on the 'separate enterprise' standard, also known as the separate entity theory. This separate accounts/arm's length system was articulated in the 1930s when international trade consisted of flows of raw materials and other natural products as well as flows of finished manufactured goods. Such trade is highly visible and may be adequately valued both at the port of departure or at the port of entry in a country. It follows that within this particular system of international trade the application of the arm's length principle was relatively easy and proved to be extremely important in resolving both the double taxation and apportionment problems. Today, however, the conditions under which international trade is conducted are substantially different from those that prevailed until the 1960s. * Firstly, apart from the significant increase in the volume of traditionally traded goods, trade in services now forms the bulk of international exchanges. In addition, the advent of the information age has dramatically increased the importance of specialised information whose value is notoriously difficult to ascertain for taxation purposes. * Secondly, the globalisation phenomenon which gathered momentum over the last two decades has enabled existing TNCs to extend their global operations and has favoured the emergence of new transnational firms. Thus, intra-firm trade conducted outside market conditions accounts for a substantial part of international trade. * Thirdly, further economic integration has been achieved following the end of the Cold War and the acceleration of the globalisation phenomenon. In this new world economic order only TNCs have the necessary resources to take advantage of emerging opportunities. The very essence of a TNC is 'its ability to achieve higher revenues (or lower costs) from its different subsidiaries as a whole compared to the results that would be achieved under separate management on an arm's length basis.'2 Yet, the prevailing system for the taxation of TNCs overlooks this critical characteristic and is therefore incapable of fully capturing, for taxation purposes, the aggregate gains of TNCs. The potential revenue loss arising from the inability of the present system to account for and to allocate synergy gains is substantial. It follows that the perennial questions of international taxation can no longer be addressed within the constraints of the separate entity theory and a narrow definition of national sovereignty. Indeed, in order to mirror the developments occurring in the economic field, taxation needs to move from a national to an international level. Moreover, a profound reform of the system is imperative in order to avoid harmful tax competition between nations and enhance compliance from TNCs. Such a new international tax system needs to satisfy the test of simplicity, equity, efficiency, and administrative ease. To achieve these objectives international cooperation is essential. The hallmark of international cooperation has been the emergence, after World War II, of a range of international organisations designed to facilitate the achievement of certain goals deemed essential by various nations. The need for an organisation to deal specifically with taxation matters is now overwhelming. Consequently, this thesis recommends the creation of an international organisation to administer the proposed system. The main objective of this international organisation would be to initiate and coordinate the multilateral application of a formulary apportionment system which, it is suggested, would deal in a more realistic way with 'the difficult problems of determining the tax base and allocating it appropriately between jurisdictions'.3 The global formulary apportionment methodology is derived from the unitary entity theory. The unitary theory considers a TNC as a single business which, for convenience, is divided into 'purely formal, separately-incorporated subsidiaries'.4 Under the unitary theory the global income of TNCs needs to be computed, then such income is apportioned between the various component parts of the enterprise by way of a formula which reflects the economic contribution of each part to the derivation of profits. The question that arises is whether the world of international taxation is ready for such a paradigm shift. It is arguable that this shift has already occurred albeit cautiously and in very subtle ways. Thus, the latest of the OECD Guidelines on the transfer pricing question provides that 'MNE [Multinational Enterprise] groups retain the freedom to apply methods not described in this Report to establish prices provided those prices satisfy the arm's length principle in accordance with these Guidelines.'5 Arguably, the globalisation process has created 'the specific situation' allowed for by the OECD. This thesis, therefore, explores the relative obsolescence of the bilateral approach to the taxation of TNCs and then suggests that a multilateral system is better adapted to the emerging globalised economy. The fundamental building blocks of the model proposed in this thesis are the following: * First, the administration and coordination of the proposed system is to be achieved by the creation of a specialised tax organisation, called Intertax, to which member countries would devolve a limited part of their fiscal sovereignty. * Second, in order to enable the centralised calculation of TNC's profits, the proposed system requires the formulation of harmonised methods for the measurement of the global profits of TNCs. Therefore, the efforts of the International Accounting Standards Committee (IASC) to produce international accounting standards and harmonised consolidation rules must be recognised and, if needs be, refined and ultimately implemented. * Third, the major function of Intertax would be to determine the commercial profits of TNCs on a standardised basis and to apportion the latter to relevant countries by way of an appropriate formula/formulas. Once this is achieved, each country would be free, starting from its share of commercial profits, to determine the taxable income in accordance with the particular tax base that it adopts and, ultimately, the tax payable within its jurisdiction. In the proposed system, therefore, a particular country would be able to independently set whatever depreciation schedules or investment tax credits it chooses, and adopt whatever tax accounting rules it deems fit relative to its policy objectives. Moreover, this thesis argues that the global formulary apportionment model it proposes is not dramatically opposed to the arm's length principle. Indeed, it suggests that the constant assumption to the contrary, even with regard to the usual formulary apportionment methodology, is extravagant because both methodologies are based on a common endeavour, that is, to give a substantially correct reflex of a TNC's true profits. It has often been objected that global formulary apportionment is arbitrary and ignores market conditions. This thesis addresses such concerns by rejecting the application of a single all-purpose formula. Rather, it recognises that TNCs operating in different industries require different treatment and, therefore, suggests the adoption of different formulas to satisfy specific industry requirements. For example, the formula applicable to a financial institution would be different to that applicable to the pharmaceutical industry. Each formula needs to be based on the fundamental necessity to capture the functions, taking into consideration assets used, and risks assumed within that industry. In addition, if the need arises, each formula should be able to be fine-tuned to fit specific situations. Moreover, it is also pertinent to note that the OECD already accepts 'the selected application of a formula developed by both tax administrations in cooperation with a specific taxpayer or MNE group...such as it might be used in a mutual agreement procedure, advance transfer pricing agreement, or other bilateral or multilateral determination.'6 The system proposed in this thesis can thus be easily reconciled with the separate accounting/arm's length which the OECD so vehemently advocates. Both models have the same preoccupations so that what is herein proposed may simply be characterised as an institutionalised version of the system advocated by the OECD. Multilateral formulary apportionment addresses both the double taxation and the allocation problems in international taxation. It resolves the apportionment question 'without depending on an extraordinary degree of goodwill or compliance from taxpayers.'7 It is therefore submitted that, if applied on a multilateral basis with a minimum of central coordination, it also seriously addresses the double taxation problem. Indeed, it is a flexible method given that different formulas may be devised to suit the needs of TNCs operating in different sectors. Consequently, formulary apportionment understood in this sense, is a realistic alternative to the limitations of the present system.

La fixation du prix de pleine concurrence par les administrations fiscales des pays en développement soulève des questions singulières. L’objectif fondamental recherché à travers la fixation des prix de transfert est l’affectation de la juste assiette de l’impôt à chaque État concerné par les transactions intragroupes, c’est-à-dire au sein des groupes multinationaux de sociétés. L’OCDE et ses pays membres estiment que le meilleur moyen pour parvenir à cet objectif est de vérifier que le prix de transfert en cause respecte le principe de pleine concurrence, lequel repose sur une comparaison entre les prix pratiqués par les sociétés appartenant à un même groupe et ceux pratiqués pour des opérations similaires, par des entreprises indépendantes. Toutefois, cet objectif n’est pas toujours atteint dans la pratique. Favorisé par l'OCDE, le principe de pleine concurrence suppose la mise en œuvre d’une analyse des faits et circonstances des transactions de chaque contribuable. L’OCDE recommande cinq méthodes pour cette analyse, jugée très subjective, donnant aux multinationales une grande liberté pour se structurer afin de minimiser les coûts fiscaux qu'elles encourent. A l’issu du projet BEPS de l'OCDE/G20, le principe de pleine concurrence continue d’être le standard international pour l'évaluation des prix de transfert. Toutefois, ce principe n’est pas suffisamment pragmatique pour les administrations fiscales que l’on peut considérer comme faibles, car il comporte de nombreuses échappatoires qui peuvent compromettre la détermination de l'assiettefiscale.Pour une imposition effective des groupes multinationaux de sociétés, notre thèse suggère deux arguments principaux. D’abord, elle propose des mesures à court terme qui reposent sur la simplification des règles actuelles afin de permettre aux administrations fiscales de collecter des recettes fiscales avec les moyens dont elles disposent. Néanmoins, ces mesures sont provisoires et transitoires étant donné qu’elles reposent sur des méthodes unilatérales jugées défaillantes. Ensuite, notre thèse soutient l’idée que la taxation unitaire avec la répartition formulaire est, à long terme, la meilleure solution, car elle est plus équitable pour toutes les parties
Our thesis addresses taxation of transfer pricing and the arm’s length principle (ALP) in developing countries. Transfer pricing rules aim to accurately reflect the economic contribution of a multinational company (MNC) in each of the various jurisdictions in which it operates. The objective of the TP rules is to ensure that the various entities of an MNC report the real corresponding taxable profits in their jurisdiction.However, this objective is not always attained in practice. Favored by the OECD, the ALP approach requires an individual analysis of the facts and the situation of each taxpayer. There are five approved methods for this analysis, therefore it is eventually highly subjective, giving MNCs much freedom to structure themselves to minimize the tax costs they incur. Following the OECD/G20 BEPS Project, ALP has continued to be the international standard for assessing TP. However, the ALP is not a practical approach for developing countries, as it has many loopholes that can jeopardize the tax base. This thesis has two main arguments. First, it proposes some short-term strategies to make the ALP framework workable for developing countries’ tax administrations, although they are only a stopgate solution since they are still based on a flawed approach. Second, this chapter supports the judgment that unitary taxation with Formulary Apportionment (FA) is the best long-term solution that is fair to all parties

À l'intérieur d'un État, la distribution des ressources publiques sur le territoire a une importance fondamentale, parce qu'elle représente un facteur de justice dans les rapports entre collectivités territoriales, de sorte qu’elle conditionne la capacité à assurer les charges liées à l’exercice de leurs compétences, dans le respect de leur autonomie, au profit des habitants qui doivent pouvoir bénéficier d’une qualité minimale des services publics. Cette thèse vise d’abord à étudier et à comparer quelle est l’influence de la forme d’État (unitaire pour la France et fédérative pour le Brésil) sur les mécanismes de la solidarité territoriale. Elle se propose de décrire et d’analyser l’efficacité des mécanismes plus importants (financiers : impôt local, dotations, fonds et transferts facultatifs ; coopératifs : institutions représentatives, politiques publiques nationales, mutualisation et contrats entre collectivités territoriales) mis en place, dès le prélèvement des impôts (nationaux ou locaux), en passant par les incitations fiscales, jusqu’au transfert des ressources aux bénéficiaires. Toute d’abord par une description de l’évolution historique qui explique l’organisation territoriale et la naissance des mécanismes de solidarité actuels, puis en montrant les inégalités importantes qui existent, principalement entre communes pour, enfin, finir avec une analyse prospective de l’efficacité et des défauts (guerre fiscale, corruption et évasion fiscales) de ces mécanismes qui visent à réaliser une péréquation (verticale ou horizontale) des ressources publiques
Within a state, the distribution of public resources inside the territory have a fundamental importance, because it represents a factor of justice in the relationship between local authorities, so that it affects the ability to provide their obligations related to the exercise of their powers in respect of their autonomy, in benefit of citizens who need to have a minimum quality of public services. This thesis aims first to examine and compare what is the influence of the form of state (Unitary for France and Federal for Brazil) on the mechanisms of territorial solidarity. It aims to describe and analyze the effectiveness of the most important mechanisms (financial: local taxes, grants, funds and discretionary transfers; cooperative: representative institutions, national public policies, pooling and contracts between central state and local authorities). Firstly with a description of the historical evolution of territorial organization and the birth of the current solidarity mechanisms and showing the significant existant inequalities, moreover among municipalities, to finally end up with a prospective analysis of effectiveness and defects (tax war, corruption and tax evasion) of these mechanisms designed to achieve equalization (vertical or horizontal) of public resources

La neutralité est l'un des principaux sujets de recherche en fiscalité, quoiqu'elle revête de multiples acceptions juridiques ou économiques. S'il est généralement admis que l’impôt ne peut être neutre, la présente thèse démontre que le droit fiscal satisfait un objectif de neutralité en permettant d'appréhender l'entreprise comme une entité unique, quelle que soit sa structure juridique. Différents régimes fiscaux poursuivent ainsi un objectif de neutralité (art.223 A et s. du CGI, art. 8 du CGI, art. 210 A et s. du CGl, art. 256 et s. du CGI, art. 885 O et s. puis 975 du CGI) en ce qu'ils organisent la consolidation des éléments de l'assiette imposables (IS, TVÀ ISF, IFI) et la neutralisation des opérations intragroupes (distributions, intérêts, abandons de créance, provisions). Si la diversité des structures de groupe éligibles demeure un obstacle à la compréhension de la neutralité, ces régimes renvoient toutefois à deux types de conditions permettant d'appréhender l'unicité de l'entreprise : des conditions d'unité (relations de contrôle et de dépendance) et des conditions de permanence (relations de continuité). La neutralité constitue aussi un objectif normatif en droit fiscal. En effet, l’examen des solutions prétoriennes fait ressortir qu'au titre d'un objectif de neutralité, le droit fiscal appréhende l'entreprise en dérogeant aux principes de personnalité et de territorialité de l’impôt. De fait, le principe de personnalité est mis en suspens dans les structures de consolidation. De même, le principe de territorialité est écarté en matière de lutte contre la fraude et l'évasion fiscale, ainsi qu'en matière d'élimination des doubles impositions internationales
Neutrality is one of the key research concepts in taxation, but with different meanings ascribed for economic or legal considerations. Whereas general wisdom considers that taxation cannot be neutral, the purpose of this thesis is to demonstrate that the tax law complies with neutrality as defined as an objective to approach undertakings as a whole, regardless their legal structure. According to this definition, few tax regimes could be considered as neutral in the French tax law (group regime, partnership regime, merger regime, VAT deduction scheme, professional assets regime). These regimes align with the neutrality because they provide for the consolidation of the tax base (business income,VAT, wealth tax) by eliminating intercompany operations (i.e. dividends, interests, waivers, provisions). Neutrality remains distinctly difficult to admit given that the above regimes relate to specific group structures. This being said, neutral regimes are subject to two types of conditions making possible a global approach of undertakings: conditions related to group unity (intercompany dependency) and conditions related to group permanency (period of consolidation). Neutrality of tax law can also be argued as a binding objective. As it regards to case law, the objective of neutrality allow to derogate both to the principle of personal tax liability and to the principle of territoriality. Indeed, the principle of personal tax liability isn't enforced where a legal structure is part to a group under a consolidation scheme. Similarly, the territoriality principle is challenged when it comes to fight against tax evasion and avoidance or to eliminate international double taxations

L’obiettivo di questa tesi è quello di approfondire le tematiche relative allo sviluppo di applicazioni di realtà virtuale, prendendo come caso di studio la visualizzazione volumetrica, di dati provenienti dalle scansioni TAC e RM. Lo scopo dell’elaborato è quello di facilitare il lavoro di diagnosi, mettendo a disposizione un insieme di funzionalità che permettono al medico di: visualizzare i dati come se si trovassero nello spazio tridimensionale reale, manipolare il volume in modo da poter osservare una qualsiasi regione al suo interno mediante la dissezione; la possibilità di scalarlo, ruotalo e di marcare i punti d’interesse con pennarelli 3D.

Depuis les réformes fiscales du 20ème siècle, l’alignement de principe du droit fiscal sur le droit privé et la comptabilité s’est progressivement imposé en droit fiscal français. En matière de fiscalité des entreprises, un principe de connexion entre le droit fiscal et la comptabilité a été consacré sur le fondement de textes épars, de la jurisprudence, de la doctrine majoritaire et du pragmatisme de l’administration fiscale ; mais surtout au nom de l’unité opératoire du droit considérée en phase avec les impératifs du droit fiscal telles la simplicité, la sécurité juridique, l’imposition selon la capacité contributive. A l’aune des principaux impôts commerciaux, la connexion présente une portée très large qui se dédouble en connexion matérielle et formelle. A l’épreuve de l’adoption mondiale du référentiel comptable de l’IASB et de l’harmonisation de la fiscalité directe des entreprises au sein de l’Union Européenne, le droit français, bien que tiraillé, a fait le choix du maintien de la connexion dans le cadre de la convergence du PCG avec les normes IAS-IFRS sans le secours d’une véritable politique fiscale optimale devant tendre vers l’élargissement de l’assiette des impôts en contrepartie d’une réduction des taux et vers la réduction des coûts de conformité de l’impôt au moins au sein de l’Union Européenne. Mais, à la lumière de ces impératifs fiscaux, de la logique juridique et du droit fiscal américain, les potentialités de la déconnexion doivent être explorées notamment le projet d’ACCIS soutenu par la France et reposant sur une assiette autonome et élargie, l’admission optionnelle du bilan fiscal et la réduction des concepts fiscaux transversaux
Since the tax reforms of 20th century, the alignment of tax law on private law and accounting gradually became the imperative principle under French law.Concerning business taxation, the principle of book and tax conformity has been established based on scattered provisions, the case law, the majority of tax scholars and the pragmatism of the tax authorities; but specially in the name of the operating unity of the law matching with the tax values such simplicity, legal certainty, taxation in accordance with ability to pay.With regard to the main business taxes, the book tax conformity has very wide reach which is both material and formal.Facing the worldwide adoption of the IASB accounting standards and the harmonization of the direct tax on businesses within the European Union, the French law, despite tension, chose the preservation of the book tax conformity in the process of the convergence of the General accounting plan toward the IAS-IFRS without the account of the optimal tax policy that must aim at broadening the tax base with rates reduction and the reduction of tax conformity costs at least within the EU.In the light of theses canons, legal logic, the example of the US law, the potentialities of a disconnection must be explored namely the current EU project of CCCTB, backed by France, based on a broad and autonomous tax base ; a fiscal balance sheet election; the reduction of transversal tax concepts

Contexte : Les difficultés de compréhension de la parole dans le bruit représente la principale plainte des personnes malentendantes. Cependant, peu d’études se sont intéressées aux mécanismes d’encodage des sons en environnement bruyant. Ce faisant, nos travaux ont portés sur les stratégies d’encodage des sons dans le nerf auditif dans environnements calme et bruyant en combinant des techniques électrophysiologiques et comportementales chez la gerbille.Matériel et méthodes : L’enregistrement unitaire de fibres du nerf auditif a été réalisé en réponse à des bouffées tonales présentées dans un environnement silencieux ou en présence d’une bruit de fond continu large bande. Les seuils audiométriques comportementaux ont été mesurés dans les mêmes conditions acoustiques, par une approche basée sur l’inhibition du reflex acoustique de sursaut.Résultats : Les données unitaires montrent que la cochlée utilise 2 stratégies d’encodage complémentaires. Pour des sons de basse fréquence (<3,6 kHz), la réponse en verrouillage de phase des fibres de l’apex assure un encodage fiable et robuste du seuil auditif. Pour des sons plus aigus (>3,6 kHz), la cochlée utilise une stratégie basée sur le taux de décharge ce qui requiert une plus grande diversité fonctionnelle de fibres dans la partie basale de la cochlée. Les seuils auditifs comportementaux obtenus dans les mêmes conditions de bruit se superposent parfaitement au seuil d’activation des fibres validant ainsi les résultats unitaires.Conclusion : Ce travail met en évidence le rôle capital de l’encodage en verrouillage de phase chez des espèces qui vocalisent au-dessous de 3 kHz, particulièrement en environnement bruyant. Par contre, l’encodage de fréquences plus aiguës repose sur le taux de décharge. Ce résultat met l’accent sur la difficulté d’extrapoler des résultats obtenus sur des modèles murins qui communique dans les hautes fréquences (> à 4 kHz) à l’homme dont le langage se situe entre 0,3 et 3 kHz
Background: While hearing problems in noisy environments are the main complaints of hearing-impaired people, only few studies focused on cochlear encoding mechanisms in such environments. By combining electrophysiological experiments with behavioral ones, we studied the sound encoding strategies used by the cochlea in a noisy background.Material and methods: Single unit recordings of gerbil auditory nerve were performed in response to tone bursts, presented at characteristic frequencies, in a quiet environment and in the presence of a continuous broadband noise. The behavioral audiogram was measured in the same conditions, with a method based on the inhibition of the acoustic startle response.Results: Single unit data shows that the cochlea used 2 complementary strategies to encode sound. For low frequency sounds (<3.6 kHz), the phase-locked response from the apical fibers ensure a reliable and robust encoding of the auditory threshold. For high frequencies sounds, basal fibers use a strategy based on the discharge rate, which requires a larger heterogeneity of fibers at the base of the cochlea. The behavioral audiogram measured in the same noise condition overlaps perfectly with the fibers’ threshold. This result validates our predictions made from the single fiber recordings.Conclusion: This work highlights the major role of the phase locked neuronal response for animal species that vocalize below 3 kHz (as human), especially in noisy backgrounds. At the opposite, high frequency sound encoding is based on rate information. This result emphasizes the difficulty to transpose results from murine model which communicate in the high frequencies (> 4 kHz) to human whose language is between 0.3 and 3 kHz

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The goods receipt and goods in the State of Cearà is subject to the controls of the Department of Finance through its various units Surveillance of borders, as the Tax Stations, which are to be submitted tax documents to be made the proper recoveries and releases of tax credits under the various tax regimes of the ICMS, which will be collected to the treasury in accordance with the types of income to which they are associated. As such revenue is to determine the revenue performance of the state in interstate operations and import entries, then a quantitative analysis was performed using the fixed effects model constants common for panel data considering the period January 2008 to December, 2011. With respect to releases of tax credits per unit of enforcement was the best response to ICMS revenue - Replacement of Input, while in relation to the payment of tax credits per unit of monitoring ICMS revenues - Other is responding with the significant result. We also conclude that the participation of units inspections working in the operations carried by road load is greater than the inspections of units located within the State of CearÃ.
A entrada de mercadorias e bens no Estado do Cearà està sujeita aos controles da Secretaria da Fazenda atravÃs de suas diversas Unidades de FiscalizaÃÃes de fronteiras, como os Postos Fiscais, onde devem ser apresentados os documentos fiscais para que sejam realizados as devidas cobranÃas e lanÃamentos dos CrÃditos TributÃrios a tÃtulo dos vÃrios regimes de tributaÃÃo do ICMS, que serÃo recolhidos ao erÃrio de acordo com os tipos de Receitas a que estÃo associados. Como tais Receitas à que determinam o desempenho da arrecadaÃÃo do Estado nas operaÃÃes de entradas interestaduais e de importaÃÃo, entÃo foi realizada uma anÃlise quantitativa, atravÃs do modelo de efeitos fixos de constantes comuns para dados em painel considerando o perÃodo de janeiro de 2008 a dezembro de 2011. Com relaÃÃo aos lanÃamentos dos crÃditos tributÃrios por unidade de fiscalizaÃÃo a melhor resposta foi para receita ICMS - SubstituiÃÃo de Entrada, enquanto que em relaÃÃo ao recolhimento dos crÃditos tributÃrios por unidade de fiscalizaÃÃo a receita ICMS - Outros à que responde com o resultado mais expressivo. Conclui-se tambÃm que a participaÃÃo das unidades de fiscalizaÃÃes que atuam nas operaÃÃes transportadas pelo modal rodoviÃrio de carga à maior que a das unidades de fiscalizaÃÃes localizadas no interior do Estado do CearÃ.

AbstractThe issues developing countries face when implementing the arm’s length standard are well known. As a result, the time seems opportune for an alternative paradigm. The unitary taxation system has received considerable attention and comment over the last few years as such an alternative. Some have heralded it as the answer to the many problems brought about by the arm’s length standard. Moreover, some suggest that the destination-based cash flow taxation system is the panacea to the present problems in international tax arising from the prevailing approach to the taxation of global affiliated companies. This article tests whether the destination-based cash flow tax and unitary taxation system continue to hold promise when applied in an African context.

This chapter identifies several areas of convergence between the fields of tax policy and human rights. These include the concept of the corporation as a unitary entity; the notion of extraterritorial impacts and obligations of states and corporations; and the risks of corporate personhood. These principles are all highly relevant to corporations’ human rights due diligence and risk assessment of their tax policies. Applying a business and human rights perspective to international tax law can clarify responsibilities of companies toward their other stakeholders as well as their relationship with subsidiaries and business partners in terms of responsible tax conduct. The chapter then explores two dimensions of the human rights impacts of tax-related corporate decisions: impacts mediated by the state and impacts not mediated by the state.

Federalism, to date, has proved unattractive to the United Kingdom. The United Kingdom is commonly described as a unitary state, whereby governmental power is primarily exercised through a sovereign Parliament at Westminster. The UK may be distinguished from Federal countries, notably the United States or Germany. In federal systems, sovereign power is shared between the federal government and the states. However, the description of the United Kingdom as a unitary state is an oversimplification as there are many instances of devolved, shared and autonomous powers that do not easily fit under a centralized view of the state. These ‘quasi-federal’ elements of the constitution arise through the UK Parliament delegating to regional and local communities a variety of powers and responsibilities through elected local and municipal authorities as well as devolved ‘deals’. Since 1989, powers have been distributed to the four nations of the United Kingdom: England, Scotland, Wales and Northern Ireland through extensive, and increasing, devolved powers (devolution) including a variety of tax-raising powers. There is also a London Assembly with devolved powers. The future of the UK after Brexit is uncertain and there are deep divisions of opinion. England and Wales voted for Brexit while London, Northern Ireland and Scotland voted to remain within the EU. Different constitutional configurations were suggested for the four nations, during the nineteenth century, including federalism, Irish home rule and independence as well as strengthening local government. No exact definition of federalism emerged from the different variations supported at one time or another during this period. Consequently supporters of federalism have struggled to have a single configuration to make their case. Overall federalism was rejected as inconsistent with the orthodoxy of a unitary state formed from an incorporating union centred around a sovereign Parliament. Has the extent of substantial devolved and delegated powers reached a tipping point that places a form of divisible federalism as a way of addressing current concerns and controversies including Brexit? Any formal adoption of federalism would alter the role of the UK Supreme Court as well as future relations with the EU after Brexit. Federalism might provide a mechanism for a changing unitary state to address 21st-century challenges amidst a perceptible shift to a ‘quasi-federal’ state with devolved governments and many shared or delegated powers.

The paper describes the activities carried out for developing and testing Back Propagation Neural Networks (BPNN) for the gas turbine engine diagnostics. One of the aims of this study was to analyze the problems encountered during training using large number of patterns. Each pattern contains information about the engine thermodynamic behaviour when there is a fault in progress. Moreover the research studied different architectures of BPNN for testing their capability to recognize patterns even when information is noised. The results showed that it is possible to set-up and optimize suitable and robust Neural Networks useful for gas turbine diagnostics. The methods of Gas Path Analysis furnish the necessary data and information about engine behaviour. The best architecture, among the ones studied, is formed by 13, 26 and 47 neurons in the input, hidden and output layer respectively. The investigated Nets have shown that the best encoding of faults is the one using a unitary diagonal matrix. Moreover the calculation have identified suitable laws of learning rate factor (LRF) for improving the learning rate. Finally the authors used two different computers. The first one has a classical architecture (sequential, vectorial and parallel). The second one is the Neural Computer, SYNAPSE-1, developed by Siemens.

Monoclonal antibodies (mabs) to SCUPA have been generated in balb/C mice by conventional means and have been demonstrated to have no crossreactivity with two chain urinary-type plasminogen activator (TCUPA). These mabs have been used to develop two types of specific assay for SCUPA. Mabs coated on polyvinyl plates in conjunction with polyclonal antibodies (pabs) to TCUPA have allowed the development of a catcher-tag ELISA using alkaline phosphatase-label led goat anti-rabbit IgG as a final step. The sensitivity range of the assay was 0.5 - 10.0 iu/ml. A second bioimmunoassay (BIA) using SCUPA mabs as catcher and inplate development with glu-plasminogen and S-2251 has yielded an assay with a sensitivity range of 0.5 - 10.0 iu/ml. The international unitage ascribed in these assays was derived by comparing the hydrolysis of S-2444 by the I.S. for TCUPA with the purified SCUPA following full activation with plasmin.Using these assays it was found that normal pooled plasmas contained about 1.0 iu of SCUPA antigen which was fully inhibited such that no activity was evident by the BIA assay for SCUPA. This suggests that urokinase in plasma is present in two forms: SCTJPA bound to inhibitor and TCUPA which is biologically active when assayed using a BIA based on immobilised pabs to TCUPA. Cell supernatants from cultured human lung fibroblasts yield a SCTJPA/TCUPA ratio of 70/30 using S-2444 chromogenic assay following a plasmin-mediated SCTJPA-TCUPA conversion step. It was also shown that, in these cell supernatants, SCTJPA was secreted with no inhibitor bound to it, since the BIA and ELISA data were quite similar. A curious feature of these assays, which is as yet unexplained, is the observation that urokinase (both plasmin activated SCTJPA and TCUPA), when immunologically adsorbed on to the PVC-immobilised specific mabs or pabs used in this study, readily activated plasminogen but showed no hydrolytic activity on the chromogenic substrate, S-2444.

This working paper predicts the fiscal and public health outcomes from a change in the excise tax structure for cigarettes in Ghana. More than 5,000 people are killed by diseases caused by tobacco every year in Ghana (Tobacco Atlas 2018). Currently the country has a unitary tax administration approach, with a uniform ad valorem tax structure on all excisable products, including tobacco. However, the ECOWAS directive on tobacco control, in line with the WHO Framework Convention on Tobacco Control (WHO 2003), recommends a simple tax structure – using a mixed excise system with a minimum specific tax floor to overcome the limitations of an ad valorem system on tobacco products, especially cigarettes. The study therefore simulates mixed tax policy interventions, and assesses their effect on government revenue and public health relative to the current ad valorem tax system. Primary data collection of tobacco prices in three geographical zones of the country was conducted in February 2020, across both rural and urban localities. This was supported with secondary data from national and international databases. Based on the assumption that Ghana adopts a mixed tax structure, the simulation shows that, if the government imposes a specific excise tax of GH₵4.00 (US$0.80) per pack in addition to the current ad valorem rate of 175 per cent of the CIF value, the average retail price of a cigarette pack would increase by 128 per cent, cigarette consumption decrease by 27 per cent, tobacco excise tax revenue increase by 627 per cent, and overall tobacco-related government tax revenue increase by 201 per cent.1 Additionally, there would be significant declines in smoking prevalence (3.3%), smoking intensity (1,448 cigarettes per year), and 3,526 premature smoking-related deaths would be avoided. The paper advocates for a strong tax administration and technical capacity, with continuous commitment by the government to adjust the tax rate in line with the rate of inflation and per capita income growth.