10 th anniversary of the chamber of tax advisers russia international tax congress marriott grand...
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10th Anniversary of The Chamber of Tax Advisers Russia
International Tax CongressMarriott Grand Hotel, Moscow
2 & 3 February 2012
Mr Gil Levy – President Asia-Oceania Tax Consultants’
Association
1. AOTCA – INTRODUCTION
• HISTORY
• PURPOSE
• RECENT ACTIVITIES
2. THE TAXPAYERS CHARTER
• JOINT VENTURE AOTCA, STEP, CFE
• RESPONSE TO ‘GLOBALISATION’ OF REVENUE AUTHORITIES
• IMPETUS – CFE’s 50TH ANNIVERSARY PUBLICATION OF TAXPAYERS' RIGHTS IN THE EU AND AUSTRALIAN TAXPAYERS CHARTER
• QUESTIONNAIRE 50 COUNTRIES
3. AREAS COVERED
• EXISTING TAXPAYERS CHARTER
• TAX ADMINISTRATION IN GENERAL
• TAX FILINGS
• ASSESSMENTS
• AUDITS
• APPEALS ASSISTANCE
3. AREAS COVERED (continued)
• SERVICE STANDARDS
• RULINGS AND INTERPRETATIONS
• TAXPAYER RECORD
• CONFIDENTIALITY PRIVACY
• DEALING WITH THE TAX ADMINISTRATION
• BURDEN OF PROOF
3. AREAS COVERED (continued)
• DRAFTING LEGISLATION
• RETROSPECTIVITY
• DOUBLE TAXATION
• INTEREST AND PENALTIES
• DEVELOPMENT OF TAX LAWS
4. CHARTER DEALS WITH RIGHTS AND OBLIGATIONS
5. SHOULD BE LEGALLY BINDING
AUSTRALIA ASPIRATIONAL
6. APPLIES TO ALL TAXES
7. END GOALS
• WORLD WIDE STANDARD
8. TRENDS IN TAX POLICY – AUSTRALIA
• LATEST REVIEW KNOWN AS THE HENRY REVIEW – AUSTRALIA’S FUTURE TAX SYSTEM
• “ROOT AND BRANCH” REVIEW – SOMEWHAT ASPIRATIONAL
8. TRENDS IN TAX POLICY – AUSTRALIA (continued)
• NEW AGE THINKING – RECOMMENDATIONS
§ 40% DISCOUNT IN RATE OF TAX ON SAVINGS
§ ELIMINATE WITHHOLDING TAX ON FINANCIAL INSTITUTIONS OPERATING IN AUSTRALIA
§ REDUCE THE RATE OF TAX ON SUPERANNUATION FUND EARNINGS FROM 15% TO 7.5%
§ 40% RESOURCES SUPER PROFITS TAX ON THE MINING INDUSTRY (This has been taken up – but may not last)
9. OTHERS
5. BUSINESS LEVEL EXPENDITURE
6. REPLACE DIVIDEND IMPUTATION WITH A SHAREHOLDER TAX I.E. ON DIVIDEND
7. BROAD BASED CASH FLOW TAX DESIGNED ON A DESTINATION BASIS
10.THE TRADITIONAL APPROACH
• BROAD-BASED / LOW-RATE• AUSTRALIA 1980’s CGT, FBT TAX ON SUPERANNUATION
CONTRIBUTIONS CFC AND FIF• THE LOWER THE RATE THE LESS EFFECT TAX HAS ON
INVESTMENT DECISIONS
• ALL TREATED EQUALLY IF INCENTIVES ELIMINATED• REVIEW RECOMMENDS REMOVAL OF EXEMPTION ON
FOREIGN EARNED INCOME, TAX SUPER CONTRIBUTION STRENGTHEN PERSONAL SERVICES INCOME RULES.
11.THE NEW WAVE
• BROAD BASED DOESN’T MINIMISE ECONOMIC DISTORTIONS
• ECONOMIC DISTORTIONS DEPEND ON MARGINAL ELASTICITY'S
• DIFFERENTIATION MAY BE PREFERABLE
12.EXAMPLES
• TOP PERSONAL RATE SHOULD BE ZERO
• INCOME TAX IS A TAX ON CONSUMPTION WHAT IS SPENT BECOMES EARNINGS. TAXING INCOME FROM SAVINGS IS DOUBLE TAX WHEN SAVINGS ARE SPENT
• TAXING SAVINGS INCOME LEADS TO OVER CONSUMPTION IN EARLIER PERIOD
12. EXAMPLES (continued)
•DIFFERENTIATING TAXES BETWEEN MALES AND FEMALES – FEMALE TAX RATES SHOULD BE LOWER
•TAX OWNER OCCUPIED HOMES MORE AFFORDABLE FOR YOUNGER FAMILIES US EXPERIENCE
13.CORPORATE TAX
• ALLOWANCE FOR CORPORATE EQUITY o ELIMINATES DISTINCTION BETWEEN FINANCING BY
WAY OF DEBT OR EQUITY
• CASH FLOW CORPORATE TAXo REAL CFCT – TAX ALL REAL RECEIPTS AND ALLOW
DEDUCTION FOR ALL EXPENDITURE – INTEREST IS NON DEDUCIBLE NON-ASSESSABLE
13.CORPORATE TAX (continued)
• A CFCT AND ACE IMPLIES ONLY ECONOMIC RENTS WILL BE TAXED
• CORPORATE TAX CAN BE DEFERRED INDEFINITELY BY RE-INVESTMENT OF PROFITS IN ASSETS AND IS PRO-GROWTH
13.CORPORATE TAX (continued)
ALTERNATIVE
• CFCT INCLUDING ALL OUTFLOWS AND INFLOWS THEREFORE ONLY TAX INCREASE IN EQUITY
• DIFFICULT TO INTEGRATE WITH OTHER INCOME TAX JURISDICTIONS
14.COMPARISON – EXAMPLES
INCOME TAXBORROWING $100PRICE $100INCOME $10 X 10 $100INTEREST EXPENSE $10 X 10 ($100)SALE PROCEEDS $100TAX BASE NILTAX @ 30% NIL
IF FUNDED BY EQUITYTAX BASE $100TAX @ 30% $ 30
UNDER ACE EQUITY DEDUCTION WOULD BE $100 THUS REDUCING TAX BASE TO NIL
ALTERNATIVE UNDER CFCT RESULT THE SAME
SUBSCRIBED CAPITAL $100COST OF ASSET ($100)INCOME $10 X 10 $100TAX BASE NILTAX @ 30% NIL
THIS IS WHY CFCT IS CALLED AN EXPENDITURE TAX
15.AUSTRALASIAN IMPUTATION SYSTEM
• CORPORATE TAX ONLY A WITHHOLDING TAX
• AN EXCESS TAX AT CORPORATE LEVEL IS REFUNDED
• NON-RESIDENTS AFFECTED
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