The Value Added Tax on Electronic Commerce in the European Union

This paper concludes that any failure to apply value-added tax (VAT) to electronic commerce crossing borders between EU Member States and other countries should not affect the VAT liability of registered traders, even if the reverse charge rule (taxation in the hands of recipients) is not applied. The only type of e-commerce that is problematic involves sales of digital content to consumers and unregistered traders. However, such sales constitute a minuscule fraction of purchases by households and unregistered traders (given the extremely low level of small-business exemptions). Thus, while many believe that the question of how to tax e-commerce under the VAT is urgent, how it is resolved may not be very important.     

域外商品与服务税视同应税交易规则解析与中国借鉴

《中华人民共和国增值税法(征求意见稿)》以及《增值税法(送审稿)》将视同应税交易明确限定为货物等用于集体福利或者个人消费和无偿赠送两大类型,相比于加拿大、新加坡、澳大利亚的商品与服务税视同交易规则及替代方案,体现出较大的趋同性.视同应税交易的建构核心在于贯彻增值税中性原则,包括保护纳税人抵扣权、促进课税待遇平等以及避免...     

扩大增值税抵扣范围后固定资产进项税额的会计处理

扩大增值税抵扣范围后,新增固定资产进项税额的会计处理,是试点范围内的企业不可回避的问题。本文根据扩大增值税抵扣范围的相关政策,结合现行的增值税会计处理制度,探讨了扩大增值税抵扣范围后新增固定资产进项税额的3种较为实用和操作性较强的会计处理方法。     

ESTIMATING THE TAX BENEFITS OF DEBT

The standard approach to valuing interest tax shields assumes that full tax benefits are realized on every dollar of interest deduction in every scenario. The approach presented in this paper takes account of the possibility that interest tax shields cannot be used in some scenarios, in part because of variations in the firm's profitability. Because of the dynamic nature of the tax code (e.g., tax-loss carrybacks and carryforwards), it is necessary to consider past and future taxable income when estimating today's effective marginal tax rate. The paper uses a series of numerical examples to show that (1) the incremental value of an extra dollar of interest deduction is equal to the marginal tax rate appropriate for that dollar ; and (2) a firm's effective marginal tax rate (and therefore the marginal benefit of incremental interest deductions) can actually decline as the firm takes on additional debt.
Based on marginal benefit functions for thousands of firms from 1980–1999, the author concludes that the tax benefits of debt averaged approximately 10% of firm value during the 1980s, while declining to around 8% in the 1990s. By taking maximum advantage of the interest tax shield, the average firm could have increased its value by approximately 15% over the 1980s and 1990s, suggesting that the consequences of being underlevered are significant. Surprisingly, many of the companies that appear best able to service debt (i.e., those with the lowest apparent costs of debt) use the least amount of debt, on average. Treasurers and CFOs should critically reevaluate their companies' debt policies and consider the benefits of additional leverage, even if taking on more debt causes their credit ratings to slip a notch.     

Implementing Subnational Value Added Taxes on Internal Trade: The Compensating VAT (CVAT)

Thispaper describes an ingenious and elegant scheme for implementinga destination-based value added tax (VAT) on cross-border tradewithin a nation or group of nations. Sales to local purchasers(registered traders, households, and unregistered traders) wouldbe subject to the local VAT, but sales to purchasers in otherstates would be zero-rated for state VAT and subject insteadto a ``compensating value added tax' (CVAT). Credit would beallowed for tax on purchases by registered traders: for the localVAT on intrastate purchases and for the CVAT on interstate purchases.     

新旧企业所得税制度的差异比较

从2008年1月1日起,我国的企业所得税制度合二为一。新的企业所得税制度与原制度相比,在纳税人、纳税义务、税率、收入、扣除、资产的税务处理、应纳税所得额的计算、境外所得税收抵免、税收优惠和反避税管理等方面均有突出的变化,标志着新制度更具有科学性、规范性和国际性,对推进我国社会主义市场经济建设,促进改革开放和社会主义和谐社会的建立都具有深远的意义。     

增值税征收范围与免税范围探讨

从税制原理上看,增值税征收范围应覆盖所有商品和劳务。然而,出于公平、技术、成本等原因,开征增值税的国家普遍对部分商品或服务免征增值税。EU、OECD国家的增值税实践为其他各国的增值税改革提供了重要启示,在借鉴这些国家的成熟经验及结合我国实际情况的基础上,建议我国未来增值税征收范围与免税范围的总体目标为覆盖所有商品和劳务并尽量减少免税项目。     

Deferred Shareholder Taxation – Implementing a Neutral Business Tax in the European Union

This paper proposes the replacement of the corporate income tax by shareholder-based capital income taxation. Our proposal would guarantee investment neutrality of taxation and reduced tax compliance costs. The proposal is based on the S-base cash flow tax. Under the S-base tax, transactions within the corporate sector are not taxable and only transactions between shareholders and corporations are subject to tax. In contrast to existing S-base cash flow tax systems, tax deductibility of investments is deferred. Rather, the acquisition costs and capital endowments are compounded at the capital market rate and are set off against future capital gains. Dividends and withdrawals are fully taxable at the shareholder level. Because of the deferral of the tax payments our proposal is called ‘Deferred Shareholder Tax’ (DST). The DST exhibits the same neutrality properties as the traditional cash flow tax. Moreover, the compounded inter-temporal credit method ensures that it is neutral with respect to the decision between domestic and foreign investment. To increase acceptance of the DST, current taxpayers’ documentation requirements will be reduced rather than extended. Our proposal could be realised in a single EU country or in all member states of the EU.     

Value added tax non-compliance in the car market

We examine value added tax (VAT) non-compliance in the European Union (EU) car market. This issue is of paramount importance because of the loss of VAT revenue, the profound distortion of market mechanisms, and the dangerous variety of fraudulent schemes employed. In addition to the usual VAT fraudulent schemes on intra-community trade, the special regimes, and the different regulations for the sale of motor vehicles in the EU member states per se, favour non-compliance in the car market. Non-compliance also takes advantage of the lack of adequate and prompt information exchange among the tax administrations of different countries and, within each country, between the tax administrations and their departments responsible for motor vehicles. We highlight the fact that the current measures are insufficient to fight VAT non-compliance and that the new rules proposed in the ‘definitive VAT system’ are inadequate to control the proliferation of scams in the car market. Accordingly, we suggest more substantial measures: well-targeted and prompt cross-checks through archives and databases, and the monitoring of their effectiveness; electronic invoices; real-time exchanges of information between the different tax and transport authorities; and increased harmonisation of the special VAT schemes that aim to eliminate one of the most exploited opportunities for illicit gain, to the detriment of the EU member states.     

A Proposal to Improve the VAT Treatment of Housing in the European Union*

The treatment of housing is one of the most difficult issues under the VATs in the EU. Ideally, rents and rental values should be taxed just like other consumer goods and services, but doing so would present formidable practical and political difficulties. Under a second‐best approach, the value of newly created residential (and other) property is taxed as a proxy for the VAT that should be payable on the flow of housing (building) services. This implies, however, that future increases (and decreases) in the value of the exempt property are left out of the VAT base. To remedy this defect, this paper recommends taxing the increases (refunding the tax related to decreases) realised at the time of sale of the exempt used property. This VAT should replace the current transfer, registration and stamp duties, which are highly distortionary. Beyond that, the VATs in various member states can be improved by limiting the exemption for all used immovable property to housing, by taxing land and by applying the standard rate more widely than is currently the case.     

Taxes,Default Risk,and Yield Spreads

This paper develops a model of bond prices and yield spreads that incorporates the effect of both taxes and differences in default probabilities. The tax loss consequences of default are recognized. Traditionally, tax-free (municipal) bond yields have been viewed as linearly related to taxable yields with a slope coefficient equal to one minus the tax rate and the intercept representing differences in default risk. While our model supports the linearity assumption, it implies that the slope and intercept are both functions of both the break-even tax rate and the default probability(ies). Clientele effects among both municipal and taxable bonds are demonstrated. Finally, the implied marginal tax rates and the implied default probabilities are estimated for different categories of municipal bonds.     

YIELD STRUCTURE OF TAXABLE VS. NONTAXABLE BONDS

In his 1976 presidential address to the American Finance Association, Miller shows that the equilibrium marginal personal tax rate on riskless bond income is equal to the marginal corporate tax rate. In the presence of risk, he and, subsequently, others suggest that the theoretical equilibrium occurs when the personal tax rate is less than the corporate tax rate. This study investigates empirically these relationships by examining the yield ratio of nontaxable to taxable debt at various risk levels. Both the riskless and risk propositions are confirmed.     

跳开增值税专用发票行为的法律分析

跳开增值税专用发票尽管在形式上构成虚开行为,在内容上与真实交易不符,但该行为实质上是对增值税进项抵扣链条中由于税率"陷落"而产生的缺陷的修复,与税收中性原则相符,不会造成国家增值税收入实质性的损失,因而不具备税收执法与刑事司法上的可罚性。将跳开排除在虚开行为之外,需要对国家的增值税收入中各部分的正当性以及增值税专用发票管理制度的作用与目的进行重新思考,以确定国家享有的税收债权的范围,保障纳税人的限额纳税权,并且要在刑事司法领域对虚开增值税专用发票罪的犯罪构成和量刑依据进行统一。     

Coordinating VATs Between EU Member States

The paper surveys coordination requirements for a final European VAT (short for viable integrated VAT) system. Using a set of criteria that can be identified from the EU VAT program for the single market, we analyze the potential superiority of the Commission's 1996 VAT proposal and four alternative VAT systems over the current transitional regime. We argue that the recent withdrawal of the 1996 VAT proposal is economically beneficial, as this VAT reform would have generated substantial costs for EU member states due to losses in national tax autonomy and adverse incentives in VAT collection and control. If the Commission adheres to its political desiderata, the VIVAT regime turns out to be a promising blueprint for the EU. If the Commission decides to lay aside its preference for compliance symmetry, and accepts that different treatment of domestic and cross-border supplies under the transitional VAT regime should not be regarded discriminatory in the Internal Market, then keeping and revising the transitional system should turn out to be a good VAT strategy for Europe.     

Accounting and taxation: Conjoined twins or separate siblings?

This paper explores the relationship between accounting and taxation through the recent proposals for curbing corporate tax avoidance advanced by the Organisation for Economic Co-operation and Development (OECD) and the European Union (EU). The OECD is content to tweak pricing and fails to address the faultlines of accounting. The EU is promoting ‘unitary taxation’ and advocates a major reform of the way taxable profits are to be calculated. As IFRSs have reduced the usefulness of accounting numbers for taxation purposes, the EU has sought to recalibrate basic elements of accounting. This has considerable implications for the development of accounting.     

“营改增”能否促进企业价值提升

"营改增"通过打通增值税抵扣链条、消除重复征税等,对企业税负降低和专业化分工会产生一定的促进作用,进而能够显著提升企业价值。而交通运输业由于"营改增"前后适用税率差异较大,且固定资产更新周期较长带来的进项抵扣不足,使得"营改增"对其企业价值的影响程度反而不及现代服务业。与私营企业相比,国有企业更容易受到政府政策干预或扶持,对税收政策的敏感性不及私营企业,即"营改增"对私营企业的企业价值的影响程度显著高于国有企业。鉴于"营改增"对企业价值的促进作用,国家应继续优化增值税体系,保持税收政策在促进企业价值提升时政策红利的延续性;在推行增值税改革的过程中,要增加配套税收优惠政策,以弥补政策效应对某些行业激励不足的短板;此外,要加快国有企业改革,营造公平的营商环境,促进税收中性原则的有效发挥。     

增值税超速增长的微观机制分析

本文基于企业的视角对增值税与GDP的增长机制进行了分析，本文认为企业缴纳增值税的增长速度与企业所创造的GDP的增长速度并非必然保持一致。在企业内部与外部都有使二者不一致的因素，原材料投产率、增值率、产品销售率、折旧以及外购机器设备等企业内部因素会在企业的生产过程当中使二者增速发生偏离。除企业内部因素外，统计数据的修正也会导致增值税与GDP增速前后不一。     

加强海关增值税完税凭征抵扣管理

自从全国统一实行防伪税控系统开具增值税发票后,虚开、倒卖增值税专用发票的违法现象得到了有效的扼制,但犯罪分子虚开、倒卖假海关增值税完税凭证等"四小票"的现象又日趋猖獗。本文通过分析海关增值税完税凭证在抵扣管理中存在的问题,提出了加强海关增值税完税凭证抵扣管理的对策和建议。     

欧盟视阈下在线平台中个人数据的增值税处理

近年来,在线平台的迅猛发展推动了全球经济数字化加速转型,但同时也引发了包括增值税政策适用在内的诸多挑战.通过研究《欧盟增值税指令》和欧州法院的判例法,以及分析个人数据与在线平台运行之间的关系可以推断出,个人数据是在线平台提供访问服务构成的增值税应税范围内的供应,且与消费者是否向在线平台支付金钱形式的对价无关.在实践中,使用客观价值方法来确定在线服务供应的应税金额存在实际困难,而使用直接联系标准解决易货交易问题,会导致增值税税基在本质上得到扩张.因此,建议当前不要将在线平台访问服务的供应视为一项应税交易.此外,对于商家为获得消费者数据而向平台付款的情形,因其不符合直接联系标准,也不应被视为服务对价.     

Opting for Opting‐In? An Evaluation of the European Commission's Proposals for Reforming VAT on Financial Services*

This paper provides a legal and economic analysis of the European Commission's recent proposals for reforming the application of VAT to financial services, with particular focus on their ‘third pillar’, under which firms would be allowed to opt in to taxation on exempt insurance and financial services. From a legal perspective, we show that the proposals’‘first and second pillars’ would give rise to considerable interpretative and qualification problems, resulting in as much complexity and legal uncertainty as the current regime. Equally, an option to tax could potentially follow significantly different legal designs, which would give rise to discrepancies in the application of the option amongst Member States of the European Union (EU). On the economic side, we show that quite generally, when firms cannot coordinate their behaviour, they have an individual incentive to opt in on business‐to‐business (B2B) transactions, but not on business‐to‐consumer (B2C) transactions. We also show that opting‐in eliminates the cost disadvantage that EU financial services firms face in competing with foreign firms for B2B sales. But these results do not hold if firms can coordinate their behaviour. An estimate of the upper bound on the amount of tax revenue that might be lost from allowing opting‐in is provided for a number of EU countries.