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Publisher: RMIT Publishing   (Total: 400 journals)

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Showing 1 - 200 of 400 Journals sorted alphabetically
40 [degrees] South     Full-text available via subscription   (Followers: 2)
Aboriginal and Islander Health Worker J.     Full-text available via subscription   (Followers: 14)
Aboriginal Child at School     Full-text available via subscription   (Followers: 5)
About Performance     Full-text available via subscription   (Followers: 11)
Access     Full-text available via subscription   (Followers: 25)
ACCESS: Critical Perspectives on Communication, Cultural & Policy Studies     Full-text available via subscription   (Followers: 9)
Accounting, Accountability & Performance     Full-text available via subscription   (Followers: 16)
ACORN : The J. of Perioperative Nursing in Australia     Full-text available via subscription   (Followers: 17, SJR: 0.103, h-index: 4)
Adelaide Law Review     Full-text available via subscription   (Followers: 19)
Advocate: Newsletter of the National Tertiary Education Union     Full-text available via subscription   (Followers: 1)
Agenda: A J. of Policy Analysis and Reform     Full-text available via subscription   (Followers: 1)
Agora     Full-text available via subscription   (Followers: 3)
Agricultural Commodities     Full-text available via subscription   (SJR: 0.102, h-index: 8)
Agricultural Science     Full-text available via subscription   (Followers: 2)
AIMA Bulletin     Full-text available via subscription   (Followers: 4)
AJP : The Australian J. of Pharmacy     Full-text available via subscription   (Followers: 10, SJR: 0.102, h-index: 5)
Analysis     Full-text available via subscription   (Followers: 3)
Ancient History : Resources for Teachers     Full-text available via subscription   (Followers: 4)
Anglican Historical Society J.     Full-text available via subscription   (Followers: 3)
Annals of the Royal Australasian College of Dental Surgeons     Full-text available via subscription   (Followers: 4, SJR: 0.101, h-index: 11)
ANZSLA Commentator, The     Full-text available via subscription   (Followers: 3)
Appita J.: J. of the Technical Association of the Australian and New Zealand Pulp and Paper Industry     Full-text available via subscription   (Followers: 14, SJR: 0.18, h-index: 27)
AQ - Australian Quarterly     Full-text available via subscription  
Arena J.     Full-text available via subscription   (Followers: 1)
Around the Globe     Full-text available via subscription   (Followers: 1)
Art + Law     Full-text available via subscription   (Followers: 12)
Art Monthly Australia     Full-text available via subscription   (Followers: 10)
Artefact : the journal of the Archaeological and Anthropological Society of Victoria     Full-text available via subscription   (Followers: 3)
Artlink     Full-text available via subscription   (Followers: 5)
Asia Pacific J. of Clinical Nutrition     Full-text available via subscription   (Followers: 10, SJR: 0.672, h-index: 51)
Asia Pacific J. of Health Management     Full-text available via subscription   (Followers: 3)
Aurora J.     Full-text available via subscription  
Australasian Biotechnology     Full-text available via subscription   (Followers: 1, SJR: 0.1, h-index: 8)
Australasian Catholic Record, The     Full-text available via subscription   (Followers: 5)
Australasian Drama Studies     Full-text available via subscription   (SJR: 0.101, h-index: 2)
Australasian Epidemiologist     Full-text available via subscription  
Australasian Historical Archaeology     Full-text available via subscription   (Followers: 7)
Australasian J. of Early Childhood     Full-text available via subscription   (Followers: 4, SJR: 0.174, h-index: 1)
Australasian J. of Gifted Education     Full-text available via subscription   (Followers: 5, SJR: 0.115, h-index: 3)
Australasian J. of Human Security, The     Full-text available via subscription   (Followers: 1)
Australasian J. of Irish Studies, The     Full-text available via subscription   (Followers: 8)
Australasian J. of Regional Studies, The     Full-text available via subscription   (Followers: 1)
Australasian Law Management J.     Full-text available via subscription   (Followers: 7)
Australasian Leisure Management     Full-text available via subscription   (Followers: 1)
Australasian Musculoskeletal Medicine     Full-text available via subscription   (Followers: 3)
Australasian Music Research     Full-text available via subscription   (Followers: 4)
Australasian Parks and Leisure     Full-text available via subscription   (Followers: 2)
Australasian Plant Conservation: J. of the Australian Network for Plant Conservation     Full-text available via subscription   (Followers: 4)
Australasian Policing     Full-text available via subscription   (Followers: 5)
Australasian Public Libraries and Information Services     Full-text available via subscription   (Followers: 32)
Australasian Review of African Studies, The     Full-text available via subscription   (Followers: 2)
Australian Aboriginal Studies     Full-text available via subscription   (Followers: 10, SJR: 0.109, h-index: 6)
Australian Advanced Aesthetics     Full-text available via subscription   (Followers: 4)
Australian Ageing Agenda     Full-text available via subscription   (Followers: 6)
Australian and Aotearoa New Zealand Psychodrama Association J.     Full-text available via subscription  
Australian and New Zealand Continence J.     Full-text available via subscription   (Followers: 3)
Australian and New Zealand Sports Law J.     Full-text available via subscription   (Followers: 8)
Australian Art Education     Full-text available via subscription   (Followers: 7)
Australian Bookseller & Publisher     Full-text available via subscription   (Followers: 1)
Australian Bulletin of Labour     Full-text available via subscription   (Followers: 2)
Australian Canegrower     Full-text available via subscription   (Followers: 2)
Australian Coeliac     Full-text available via subscription   (Followers: 1)
Australian Cottongrower, The     Full-text available via subscription   (Followers: 1)
Australian Educational and Developmental Psychologist, The     Full-text available via subscription   (Followers: 8, SJR: 0.143, h-index: 4)
Australian Family Physician     Full-text available via subscription   (Followers: 3, SJR: 0.364, h-index: 31)
Australian Field Ornithology     Full-text available via subscription   (Followers: 4, SJR: 0.141, h-index: 6)
Australian Forest Grower     Full-text available via subscription   (Followers: 4)
Australian Forestry     Full-text available via subscription   (Followers: 2, SJR: 0.252, h-index: 24)
Australian Grain     Full-text available via subscription   (Followers: 2)
Australian Holstein J.     Full-text available via subscription   (Followers: 1)
Australian Humanist, The     Full-text available via subscription   (Followers: 3)
Australian Indigenous Law Review     Full-text available via subscription   (Followers: 19)
Australian Intl. Law J.     Full-text available via subscription   (Followers: 23)
Australian J. of Acupuncture and Chinese Medicine     Full-text available via subscription   (Followers: 3, SJR: 0.106, h-index: 3)
Australian J. of Adult Learning     Full-text available via subscription   (Followers: 15, SJR: 0.159, h-index: 7)
Australian J. of Advanced Nursing     Full-text available via subscription   (Followers: 11, SJR: 0.225, h-index: 26)
Australian J. of Asian Law     Full-text available via subscription   (Followers: 4)
Australian J. of Cancer Nursing     Full-text available via subscription   (Followers: 8)
Australian J. of Civil Engineering     Full-text available via subscription   (Followers: 5, SJR: 0.17, h-index: 3)
Australian J. of Dyslexia and Learning Difficulties     Full-text available via subscription   (Followers: 8)
Australian J. of Emergency Management     Full-text available via subscription   (Followers: 10, SJR: 0.401, h-index: 18)
Australian J. of French Studies     Full-text available via subscription   (Followers: 7, SJR: 0.1, h-index: 5)
Australian J. of Herbal Medicine     Full-text available via subscription   (Followers: 3, SJR: 0.109, h-index: 7)
Australian J. of Language and Literacy, The     Full-text available via subscription   (Followers: 2, SJR: 0.399, h-index: 9)
Australian J. of Legal History     Full-text available via subscription   (Followers: 14)
Australian J. of Mechanical Engineering     Full-text available via subscription   (Followers: 3, SJR: 0.129, h-index: 4)
Australian J. of Medical Science     Full-text available via subscription   (Followers: 1, SJR: 0.122, h-index: 5)
Australian J. of Multi-Disciplinary Engineering     Full-text available via subscription   (Followers: 2)
Australian J. of Music Education     Full-text available via subscription   (Followers: 3)
Australian J. of Music Therapy     Full-text available via subscription   (Followers: 8)
Australian J. of Parapsychology     Full-text available via subscription   (Followers: 2)
Australian J. of Social Issues     Full-text available via subscription   (Followers: 5, SJR: 0.178, h-index: 20)
Australian J. of Structural Engineering     Full-text available via subscription   (Followers: 6, SJR: 0.296, h-index: 8)
Australian J. of Water Resources     Full-text available via subscription   (Followers: 6, SJR: 0.226, h-index: 9)
Australian J. on Volunteering     Full-text available via subscription   (Followers: 2)
Australian J.ism Review     Full-text available via subscription   (Followers: 8)
Australian Life Scientist     Full-text available via subscription   (Followers: 2, SJR: 0.1, h-index: 2)
Australian Literary Studies     Full-text available via subscription   (Followers: 5, SJR: 0.1, h-index: 6)
Australian Mathematics Teacher, The     Full-text available via subscription   (Followers: 6)
Australian Nursing J. : ANJ     Full-text available via subscription   (Followers: 6)
Australian Orthoptic J.     Full-text available via subscription  
Australian Primary Mathematics Classroom     Full-text available via subscription   (Followers: 4)
Australian Screen Education Online     Full-text available via subscription   (Followers: 2)
Australian Senior Mathematics J.     Full-text available via subscription   (Followers: 1)
Australian Sugarcane     Full-text available via subscription  
Australian TAFE Teacher     Full-text available via subscription   (Followers: 4)
Australian Tax Forum     Full-text available via subscription   (Followers: 3)
Australian Universities' Review, The     Full-text available via subscription   (Followers: 4)
Australian Voice     Full-text available via subscription   (Followers: 6)
Bar News: The J. of the NSW Bar Association     Full-text available via subscription   (Followers: 5)
Bioethics Research Notes     Full-text available via subscription   (Followers: 13)
BOCSAR NSW Alcohol Studies Bulletins     Full-text available via subscription   (Followers: 4)
Bookseller + Publisher Magazine     Full-text available via subscription   (Followers: 5)
Breastfeeding Review     Full-text available via subscription   (Followers: 17, SJR: 0.31, h-index: 19)
British Review of New Zealand Studies     Full-text available via subscription   (Followers: 4)
Brolga: An Australian J. about Dance     Full-text available via subscription   (Followers: 1)
Cancer Forum     Full-text available via subscription   (SJR: 0.143, h-index: 10)
Cardiovascular Medicine in General Practice     Full-text available via subscription   (Followers: 7)
Chain Reaction     Full-text available via subscription  
Childrenz Issues: J. of the Children's Issues Centre     Full-text available via subscription  
Chiropractic J. of Australia     Full-text available via subscription   (SJR: 0.107, h-index: 3)
Chisholm Health Ethics Bulletin     Full-text available via subscription   (Followers: 1)
Church Heritage     Full-text available via subscription   (Followers: 4)
Commercial Law Quarterly: The J. of the Commercial Law Association of Australia     Full-text available via subscription   (Followers: 4)
Communicable Diseases Intelligence Quarterly Report     Full-text available via subscription   (Followers: 2, SJR: 0.567, h-index: 27)
Communication, Politics & Culture     Open Access   (Followers: 13)
Communities, Children and Families Australia     Full-text available via subscription   (Followers: 2)
Connect     Full-text available via subscription   (Followers: 2)
Contemporary PNG Studies     Full-text available via subscription  
Context: J. of Music Research     Full-text available via subscription   (Followers: 8)
Corporate Governance Law Review, The     Full-text available via subscription   (Followers: 7)
Creative Approaches to Research     Full-text available via subscription   (Followers: 13)
Critical Care and Resuscitation     Full-text available via subscription   (Followers: 18, SJR: 1.737, h-index: 24)
Cultural Studies Review     Full-text available via subscription   (Followers: 15)
Culture Scope     Full-text available via subscription   (Followers: 4)
Current Issues in Criminal Justice     Full-text available via subscription   (Followers: 10)
Dance Forum     Full-text available via subscription   (Followers: 2)
DANZ Quarterly: New Zealand Dance     Full-text available via subscription   (Followers: 3)
Day Surgery Australia     Full-text available via subscription   (Followers: 2)
Deakin Law Review     Full-text available via subscription   (Followers: 14)
Developing Practice : The Child, Youth and Family Work J.     Full-text available via subscription   (Followers: 19)
Early Days: J. of the Royal Western Australian Historical Society     Full-text available via subscription  
Early Education     Full-text available via subscription   (Followers: 8)
EarthSong J.: Perspectives in Ecology, Spirituality and Education     Full-text available via subscription   (Followers: 1)
East Asian Archives of Psychiatry     Full-text available via subscription   (Followers: 2, SJR: 0.331, h-index: 7)
Educare News: The National Newspaper for All Non-government Schools     Full-text available via subscription  
Educating Young Children: Learning and Teaching in the Early Childhood Years     Full-text available via subscription   (Followers: 17)
Education in Rural Australia     Full-text available via subscription   (Followers: 1)
Education, Research and Perspectives     Full-text available via subscription   (Followers: 10)
Educational Research J.     Full-text available via subscription   (Followers: 17)
Electronic J. of Radical Organisation Theory     Full-text available via subscription   (Followers: 3)
Employment Relations Record     Full-text available via subscription   (Followers: 2)
English in Aotearoa     Full-text available via subscription   (Followers: 1)
English in Australia     Full-text available via subscription   (Followers: 2, SJR: 0.19, h-index: 6)
Essays in French Literature and Culture     Full-text available via subscription   (Followers: 6)
Ethos: Official Publication of the Law Society of the Australian Capital Territory     Full-text available via subscription   (Followers: 5)
Eureka Street     Full-text available via subscription   (Followers: 5)
Extempore     Full-text available via subscription  
Family Matters     Full-text available via subscription   (Followers: 10, SJR: 0.259, h-index: 8)
Federal Law Review     Full-text available via subscription   (Followers: 21)
Fijian Studies: A J. of Contemporary Fiji     Full-text available via subscription   (Followers: 1)
Focus on Health Professional Education : A Multi-disciplinary J.     Full-text available via subscription   (Followers: 7)
Food New Zealand     Full-text available via subscription   (Followers: 4)
Fourth World J.     Full-text available via subscription   (Followers: 1)
Frontline     Full-text available via subscription   (Followers: 18)
Future Times     Full-text available via subscription   (Followers: 2)
Gambling Research: J. of the National Association for Gambling Studies (Australia)     Full-text available via subscription   (Followers: 5)
Gay and Lesbian Law J.     Full-text available via subscription   (Followers: 2)
Gender Impact Assessment     Full-text available via subscription   (Followers: 1)
Geographical Education     Full-text available via subscription   (Followers: 2)
Geriatric Medicine in General Practice     Full-text available via subscription   (Followers: 8)
Gestalt J. of Australia and New Zealand     Full-text available via subscription   (Followers: 2)
Globe, The     Full-text available via subscription   (Followers: 3)
Government News     Full-text available via subscription   (Followers: 2)
Great Circle: J. of the Australian Association for Maritime History, The     Full-text available via subscription   (Followers: 7)
Grief Matters : The Australian J. of Grief and Bereavement     Full-text available via subscription   (Followers: 10)
He Puna Korero: J. of Maori and Pacific Development     Full-text available via subscription   (Followers: 4)
Headmark     Full-text available via subscription   (Followers: 2)
Health Inform     Full-text available via subscription  
Health Issues     Full-text available via subscription   (Followers: 2)
Health Promotion J. of Australia : Official J. of Australian Association of Health Promotion Professionals     Full-text available via subscription   (Followers: 8, SJR: 0.606, h-index: 19)
Health Voices     Full-text available via subscription  
Heritage Matters : The Magazine for New Zealanders Restoring, Preserving and Enjoying Our Heritage     Full-text available via subscription   (Followers: 2)
High Court Quarterly Review, The     Full-text available via subscription   (Followers: 3)
History of Economics Review     Full-text available via subscription   (Followers: 9)
HIV Australia     Full-text available via subscription   (Followers: 3)
HLA News     Full-text available via subscription   (Followers: 3)
Hong Kong J. of Emergency Medicine     Full-text available via subscription   (Followers: 4, SJR: 0.173, h-index: 7)
Idiom     Full-text available via subscription   (Followers: 1)
Impact     Full-text available via subscription   (Followers: 1)
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Inside Film: If     Full-text available via subscription   (Followers: 7)
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Instyle     Full-text available via subscription  
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Journal Cover Australian Tax Forum
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   ISSN (Print) 0812-695X
   Published by RMIT Publishing Homepage  [400 journals]
  • Volume 32 Issue 4 - Low oil price shock in Malaysia: Government fiscal
           impact and petroleum industry reactions
    • Abstract: Kraal, Diane; Thiagarajah, Lydia; Kasipillai, Jeyapalan
      The current "shock" of low oil prices as a disruptor to government tax revenue and petroleum industry activity is a concern within the Asia Pacific region. In the case of Malaysia, the government is heavily dependent on petroleum revenues, which is the reason for this parallel evaluation of government fiscal impact and industry reactions to the slide in world oil prices. The research draws data from publicly available information as well as recent expert interviews. Findings show that low oil prices have impacted the Malaysian Government petroleum related revenue, resulting in Budget revisions in 2015 and 2016. Malaysia's new goods and services tax has, however, partly offset lower petroleum revenues. From the petroleum industry perspective, low oil prices are having structural impacts, although reactions have differed to secure cash flows depending on whether an entity is extractive, service or refining orientated. This interdisciplinary research is significant for its up to date analysis of changes in government tax policy and the petroleum industry activities. It makes a contribution to understanding government revenue consequences and effects on industry of low oil prices on an ASEAN country that is an export competitor to Australia. It has useful insights for Australia's 2017 review of petroleum taxation.

      PubDate: Tue, 26 Dec 2017 20:49:27 GMT
       
  • Volume 32 Issue 4 - What is the point of having Pt IVA'
    • Abstract:
      In much larger, developed economies than Australia, those of the United States of America and the United Kingdom, tax avoidance is or has been addressed not by progressively more intricate general anti-avoidance rules (GAAR) but rather by judicially developed notions of fiscal nullity and fiscal sham. This article considers whether the quest for certainty of application via a GAAR is an illusion and whether, in conjunction with our traditional understanding of sham an adoption of these judicially developed notions and their application as a case by case basis might be just as, if not more effective, then a GAAR in dealing with tax avoidance.

      PubDate: Tue, 26 Dec 2017 20:49:27 GMT
       
  • Volume 32 Issue 4 - The MAAL and DPT: Two roads diverged from the OECD -
           did they make any difference'
    • Abstract: Faisandier, Antony
      The Multinational Anti-Avoidance Law and the Diverted Profits Tax together constitute a significant step in Australia's effort to claim a larger slice of the multinational tax pie. This paper undertakes a close reading of each regime, and argues that (i) the DPT may be burdened with some key frailties, particularly in relation to its continued use of a `tax benefit' concept, and (ii) the regimes do not sit entirely comfortably with Australia's treaty network.

      PubDate: Tue, 26 Dec 2017 20:49:27 GMT
       
  • Volume 32 Issue 4 - The impact of adopting IFRS on corporate ETR and
           book-tax income gap
    • Abstract: Tran, Alfred; Zhu, Ying Hui
      This study examines the impact of the adoption of the Australian equivalents to International Financial Reporting Standards (AIFRS) on the corporate effective tax rate and book-tax income gap in Australia. Book-tax income gap is measured by the differences between a firm's effective tax rate (ETR) or current effective tax rate (CETR) and the statutory tax rate (STR). The difference between ETR and STR measures permanent book-tax income gap only, while the difference between CETR and STR measures the total (permanent and temporary) book-tax income gap. This study also examines whether the major accounting rule changes from the previous Australian Generally Accepted Accounting Principles/Practices (AGAAP) to AIFRS, as measured by their respective adjustment to profit before tax and tax expense deflated by the total assets of the firm, affect the changes in ETR and CETR on the adoption of AIFRS in 2005.

      PubDate: Tue, 26 Dec 2017 20:49:27 GMT
       
  • Volume 32 Issue 4 - Tax risk management and the application of ethics by
           large Australian companies
    • Abstract: Lavermicocca, Catriona; Quilter, Michael
      This article reviews tax risk management practices of large Australian companies to ascertain whether ethical considerations are presently, and if not, should be, an element of those practices. An ethical framework, reflecting an agreed ethical philosophy, does not appear to be applied by large Australian companies in setting a standard for consideration and deliberation on acceptable tax risk. This research considers whether a "socially responsible" company would be expected to embed an ethical framework in its tax risk management system, possibly one which would require tax decisions that comply with the "spirit of the tax law" rather than the "letter of the tax law". It is proposed that a focus on compliance with the "spirit of the tax law" by large companies in making decisions about acceptable tax risk would discourage aggressive tax decision making and demonstrate a low tax risk appetite.

      PubDate: Tue, 26 Dec 2017 20:49:27 GMT
       
  • Volume 32 Issue 4 - The news 974‑80 - more obscure than ever
    • Abstract: Cooper, Graeme S
      The classification for Australian tax purposes of financing arrangements involving multiple instruments or disparate parties has been problematic for at least a decade. The recent proposals to revise these provisions will change current law but not obviously improve it. One step in the legislation - the rules about when to aggregate multiple instruments - is detailed, complex and inconsistent. The second step - just how the debt and equity tests are applied where there are multiple instruments - and the third step - what the consequences are and for whom, which are meant to follow from aggregation, are ignored. And the decision to create and rely on a new type of legislative instrument makes the endeavour even more uncertain. The article analyses the design of the new provisions and some of the questions which arise from the decision to employ a new type of legislative instrument to elucidate the basic design.

      PubDate: Tue, 26 Dec 2017 20:49:27 GMT
       
  • Volume 32 Issue 4 - Evaluating Australian environmental taxes through
           behavioural economics
    • Abstract: Belgiorno-Nettis, Anna
      In the 2016 Climate Action Network Europe review of national climate policies, Australia once again was one of the lowest at 57 out of the 61 countries. Australia's policies were critiqued for being "unambitious and uninspired". Numerous studies show that policies are often the key way to address human activity that harmfully warms the climate. Therefore Australia's unambitious policies require re evaluation. Furthermore, taxes are a predominant way in which emissions can be reduced. Consequently this paper explores some of Australia's environment related tax policies to determine what has best ameliorated humanity's affect on climate change in Australia.

      The paper carries out its evaluation of Australian environmental taxes by using the Institute of Fiscal Studies' behavioural economics based framework (IFS Framework). The IFS Framework represents a formal attempt to integrate behavioural economics into tax policy analysis. Although extensive, in depth analysis of Australia's environmental tax policies using traditional economic frameworks exists, there is little analysis using ideas from behavioural economics. Therefore the IFS Framework's use of behavioural economics presents an opportunity to evaluate Australia's environmental taxes in a new light.

      The paper analyses five Australian environment and tax related policy initiatives: the Sydney Harbour Bridge congestion charge (Harbour Bridge Charge); the abolished Emissions Trading Scheme (ETS); the new Emissions Reduction Fund with its safeguard mechanism (Safeguard Mechanism); environmental tax cases; and pro compliance messaging. The paper's evaluation of these initiatives begins by referring to what insights the IFS Framework says behavioural economics has for that kind of policy initiative. Then the paper explores whether the initiative incorporates those insights. The paper therefore suggests ways that Australia's taxation policy can become more ambitious and inspired with respect to environmental concerns.

      PubDate: Tue, 26 Dec 2017 20:49:27 GMT
       
  • Volume 32 Issue 1 - Invisible taxation: Fantasy or just good service
           design'
    • Abstract: Langham, Jo’Anne; Paulsen, Neil
      This article introduces a new concept for design and evaluation of public services, and taxation in particular. The approach is novel as it draws from multiple domains to construct and propose a measure of administrative effectiveness as an alternative to traditional "service" quality. The article explores the commonalities between service delivery in public administration and the private sector. Exceptional service places the customer at the centre of the experience, achieving a balance between the needs of the organisation and those of the customer. Client service may involve more than one interaction, utilising multiple channels and touchpoints. An excellent client experience is created when the customer achieves the desired outcome with a high level of satisfaction and quality. Service quality is achieved through good service design.

      PubDate: Thu, 2 Nov 2017 11:47:42 GMT
       
  • Volume 32 Issue 1 - The relationship between CSR and tax avoidance: An
           international perspective
    • Abstract: Jones, Stewart; Baker, Max; Lay, Ben Forrest
      Corporate tax aggressiveness (or avoidance) is widely viewed as socially irresponsible and "unethical" (Hoi et al 2013; Sikka 2010). However, few corporate social responsibility (CSR) studies have considered tax aggressiveness as an explicit component/measure for understanding CSR activity. Based on US data, Hoi et al (2013) find some evidence that firms with excessive irresponsible CSR activities are more aggressive in avoiding taxes. However, they find no evidence of a more general relationship between CSR and tax avoidance. This finding contrasts with the Australian study of Lanis and Richardson (2012), which documents a strong negative relationship between CSR disclosure levels and tax aggressiveness (high CSR disclosure is associated with lower tax aggressiveness). Our study extends the literature by examining the CSR-tax avoidance relationship in a wider international context using sustainability ratings data provided by Ethical Investment Research Services. Based on a large sample of firms across several international reporting jurisdictions, we find some limited evidence of a negative relationship between CSR levels and tax aggressiveness, even after controlling for firm size, industry, region, risk, financial performance and other factors. However, the association is not consistent across all tax avoidance proxies tested nor CSR metrics utilised in this study. Furthermore, when we partition the regression analysis by region, the CSR-tax avoidance relationship was found to be significant on the Asian (including Oceania) sub-sample, but is largely insignificant on the North American, European and UK sub-samples.

      PubDate: Thu, 2 Nov 2017 11:47:42 GMT
       
  • Volume 32 Issue 1 - What can the United Kingdom's tax dispute resolution
           system learn from Australia' An evaluation and recommendations from a
           dispute systems design perspective
    • Abstract: Jone, Melinda
      The way in which tax disputes are managed and resolved can have a significant impact on the overall experience that taxpayers may have in interacting with revenue authorities. This in turn can impact on taxpayer voluntary compliance. A number of revenue authorities around the world have introduced various initiatives aimed at preventing or resolving disputes earlier in the disputes process. One of which is the introduction of in-house facilitation, a form of alternative dispute resolution (ADR) that generally utilises a revenue authority member of staff trained in mediation techniques to help facilitate an agreement between parties. HM Revenue and Customs (HMRC) in the United Kingdom (UK) and the Australian Taxation Office (ATO) in Australia formally adopted forms of in-house facilitation programs in 2013 and 2014, respectively. Set against this background, this article uses dispute systems design (DSD) principles to evaluate the tax dispute resolution system in the UK and consequently makes recommendations for improvements to the system, drawing from DSD features of the Australian tax dispute resolution system and the ATO's current "Reinventing the ATO" transformation project. The recommendations put forward in this article include a greater integration of the dispute resolution system and ADR within the overall tax administration system and improvements in the support of the system by HMRC members at all levels.

      PubDate: Thu, 2 Nov 2017 11:47:42 GMT
       
  • Volume 32 Issue 1 - The dissenting opinion of BRICS practitioners on the
           BEPS agenda
    • Abstract: Eberhartinger, Eva; Petutschnig, Matthias
      Our research investigates the opinions on the OECD BEPS Action Plan of tax experts from practice in BRICS countries vis- -vis developing countries and OECD countries. In an adaptive conjoint analysis, we find that experts from BRICS countries have a substantially different view on the effectiveness of the OECD BEPS Actions and the measures as suggested in the Action Plan. This supports the notion that OECD countries act in their own interests and reach out to non-OECD countries more to seek support for their own agenda than to truly include their priorities. Also, it can be expected that BRICS countries will increasingly assume the role of a norm maker in future international tax policy. Our results contribute to the current reorganisation of the principles of international taxation, and highlight the OECD BEPS Actions that are perceived as being of the highest importance.

      PubDate: Thu, 2 Nov 2017 11:47:42 GMT
       
  • Volume 32 Issue 1 - Tax simplification [Book Review]
    • Abstract: Pinto, Dale
      Review(s) of: Tax simplification, edited by Chris Evans, Richard Krever and Peter Mellor.

      PubDate: Thu, 2 Nov 2017 11:47:42 GMT
       
  • Volume 32 Issue 1 - The impact of tax on the prospects of achieving target
           retirement wealth in Australian default superannuation plans
    • Abstract: Samarkovski, Lisa; Copp, Richard; Wiafe, Osei K; Freudenberg, Brett
      Prior empirical studies on superannuation in Australia have investigated the adequacy of superannuation to fund retirement on a pre-tax basis. Also, government policy in this area is often predicated on simplistic assumptions and methodologies, with little or no empirical evidence of the impacts of superannuation taxation arrangements on retirement wealth and the adequacy of default superannuation plans. This "baseline" study fills this gap in the literature by providing evidence about the prospect of a representative member of a complying superannuation fund in Australia, on retirement, having sufficient accumulated superannuation to adequately fund their retirement under current taxation arrangements. We assume the fund utilises a typical default asset allocation, and we use a bootstrap simulation approach to generate relevant asset returns. We compare a representative retiree's terminal wealth at vesting age with a nominal retirement wealth target. Our results suggest that a representative member under current superannuation taxation arrangements has a roughly 50% chance of not accumulating sufficient superannuation to meet a reasonable retirement wealth target by retirement age.

      PubDate: Thu, 2 Nov 2017 11:47:42 GMT
       
  • Volume 32 Issue 1 - Estimating aggregate tax compliance costs: A new
           approach using a state space model
    • Abstract: Wu, Hao; Tran-Nam, Binh
      This article aims to develop a general statistical method for estimating tax compliance costs in Australia on an annual basis. The proposed approach represents an attractive alternative to the traditional, large-scale survey method which is known to be expensive and time-consuming to conduct. A state space mode is applied to a series of tax administrative costs, approximated by annual expenditures incurred by the Australian Taxation Office. This produces estimated annual growth rates of Australian's tax compliance costs. Combining the growth rates obtained from the state space model with a comprehensive survey-based estimate of tax compliance costs in a particular year, an annual series of tax compliance costs can then be generated. Note that the proposed method has general applicability and the use of Australian data is a mere illustration.

      PubDate: Thu, 2 Nov 2017 11:47:42 GMT
       
  • Volume 32 Issue 1 - Did tax cuts on earned income reduce welfare
           participation in Canada'
    • Abstract: Berg, Nathan; Gabel, Todd
      From 1986 to 2005, Canadian provinces used earnings exemptions to modify effective marginal tax rates on welfare participants' labour market earnings. Two policy variables were used: an exemption threshold and an above-threshold marginal tax rate. We estimate the effects of these two policy variables on provincial rates of welfare participation, while controlling for heterogeneous combinations of other welfare reforms and macroeconomic conditions across provinces and through time. The data reveal large and statistically significant effects of earnings exemptions on welfare participation. Reducing the marginal tax rate levied on welfare participants' earned income by 50 percentage points was associated with a two percentage point reduction in the average province-year's participation rate or, equivalently, a 23% relative reduction below the unconditional mean rate of participation. Earnings thresholds and above-threshold marginal tax rates interact in ways that make it difficult to predict how changing either policy parameter in isolation is likely to affect participation. Cutting above-threshold marginal tax rates would appear to be the strongest variable through which earnings exemptions may effectively reduce welfare participation.

      PubDate: Thu, 2 Nov 2017 11:47:42 GMT
       
  • Volume 32 Issue 1 - Index
    • PubDate: Thu, 2 Nov 2017 11:47:42 GMT
       
  • Volume 32 Issue 2 - Real VATs vs the good VAT: Reflections from a decade
           of technical assistance
    • Abstract: Gendron, Pierre‑Pascal
      This article explores the distinction between real value‑added taxes (VATs) and the good VAT in developing countries. The article draws on real‑world examples from a decade of work on technical assistance and international projects in Africa, the Caribbean, Central and South America, Central Asia, the Middle East and Persian Gulf regions. It reviews several problem areas that illustrate the depth of the divide between real VATs and the good VAT: first, the "big‑4" issues; second, situations when policy and administration clash; and third, situations in which coordination between agencies breaks down. "Big‑4" issues involve problems that plague many VATs in developing (and developed) countries: exemptions; non‑export zero rating; multiple rates; and unsuitable thresholds. Frontier issues (real property, financial services, and imported services and e‑commerce) also sharply highlight the disconnection between policy wishes and administrative realities in developing countries. Tax policy and administration often clash in the areas of registration and segmentation, VAT withholding, handling of refunds, and the failure to generally apply the statutory provisions of the VAT law and regulations. Coordination problems often arise between government agencies or ministries. Areas of conflict include: discretionary waivers; tax incentives; para‑fiscal levies; coordination of import duties, excises and VAT; and (last but not least) data integration between customs and domestic tax administrations. The conclusion sets out some ideas on the challenges for VAT to move forward.

      PubDate: Thu, 2 Nov 2017 11:47:42 GMT
       
  • Volume 32 Issue 2 - Mitigating VAT compliance costs - A developing country
           perspective
    • Abstract: Smulders, Sharon; Evans, Chris
      The large‑scale presence and the regressive nature of tax compliance costs, especially those in respect of the value‑added tax (VAT), are well documented features of the tax systems of developed countries. Although there is less evidence available in the case of developing countries, empirical studies strongly suggest that enterprises in these countries face similar problems. In this article, legal design and administrative features and other strategies adopted by governments and their revenue authorities in developed and developing countries to mitigate VAT compliance costs are considered and contrasted. The proposition that governments and revenue authorities in developing countries have learnt from developed countries and deployed more sophisticated technical and automated solutions will thus be evaluated. The article also highlights the benefits and importance of minimising the division between the legal and administrative design approaches to mitigating high VAT compliance costs. It concludes by making suggestions on further interventions that could be considered by developing countries to mitigate VAT compliance costs, perhaps improve compliance and therefore boost much needed VAT revenues.

      PubDate: Thu, 2 Nov 2017 11:47:42 GMT
       
  • Volume 32 Issue 2 - Relevance of the OECD International VAT/GST guidelines
           for non-OECD countries
    • Abstract: James, Kathryn; Ecker, Thomas
      The OECD International VAT/GST guidelines (OECD Guidelines) are the most significant global attempt to coordinate place of taxation rules for cross‑border supplies of services and intangibles so that the final consumption of such supplies are effectively taxed on a destination basis. However, given that the guidelines are formally a product of the OECD, it is important to assess their relevance for non‑OECD countries which might have different constraints, challenges and needs to their OECD counterparts.

      This article explores the relevance of the OECD Guidelines to non‑OECD countries by examining the rise of the VAT in non-OECD countries and highlighting some of the challenges and constraints that affect the realisation of tax and VAT reforms in these countries. It then examines the context and content of the OECD Guidelines with a view to these challenges and constraints. The article demonstrates that, although the guidelines are a significant step in the efforts to encourage global coordination on the taxation of cross-border supplies of services and intangibles, a number of technical, normative and administrative issues will require further review so that the guidelines are not merely relevant, but achievable for all countries with a VAT.

      PubDate: Thu, 2 Nov 2017 11:47:42 GMT
       
  • Volume 32 Issue 2 - GST/VAT general anti-avoidance approaches: Some
           preliminary findings from a comparative study of Australia and South
           Africa
    • Abstract: Datt, Kalmen; Nienaber, Gerhard; Tran-Nam, Binh
      The goods and services tax (GST) or value‑added tax (VAT) is the most rapidly spreading tax in the world. It accounts for a high proportion of tax revenue in both developing and developed countries. Despite its importance, there is a paucity of studies concerning GST/VAT avoidance. This article attempts to contribute to this relatively small body of literature by comparing and evaluating GST/VAT general anti‑avoidance approaches in Australia and South Africa. Both countries have a similar common law heritage and adopted a similar GST/VAT model, although the tax commenced at different times in each country and the two taxes have slightly different bases. An examination of the Australian and South African GST/VAT anti‑avoidance approaches reveals some interesting findings. The analysis undertaken by the authors suggests that, although there are differences in style in the drafting of the anti‑avoidance rules, the effect of each appears to be similar in both countries. There would appear to be two differences. First, the Australian Commissioner of Taxation has a discretion, if the Commissioner thinks it fair and reasonable, to make a compensating adjustment to the other party to the transaction if that party is disadvantaged by the Commissioner's determination. Second, the "do nothing" defence which has been negated in Australia may possibly still be available in South Africa.

      PubDate: Thu, 2 Nov 2017 11:47:42 GMT
       
  • Volume 32 Issue 2 - VAT withholding in Ethiopia: Implications for revenue
           collection and refunds
    • Abstract: Yesegat, Wollela Abehodie; Joseph, Sally-Ann
      Limited fiscal capacity poses a significant challenge in Ethiopia. Recently, Ethiopia has implemented a value‑added tax (VAT) withholding system on payments for acquisitions by governments and government bodies with the aim of mitigating evasion and increasing revenue collection. This study assesses the VAT withholding system and its implications for revenue collection and refunds. The findings are based on data collected through in‑depth interviews with selected officials from the Ethiopian Ministry of Finance and Economic Cooperation and Ethiopian Revenue and Customs Authority, and taxpayers in Addis Ababa. The interview data is supplemented by data and documents obtained from these government agencies.

      A trend analysis suggests that, overall, there is little change in revenue collection. The study finds that VAT withholding‑related refund requests are increasing and imposing a significant burden on the tax administration and business cash flows. In view of the problems of VAT withholding and poor revenue collections, this study suggests that the government should consider the possibility of abolishing the scheme and taking other measures, such as increasing the registration threshold. It is also important to enhance information exchange with government agencies and exclude those taxpayers who fail to comply with the tax system from the list of suppliers to the government.

      PubDate: Thu, 2 Nov 2017 11:47:42 GMT
       
  • Volume 32 Issue 2 - Untangling the worldwide VAT web on digital supplies
    • Abstract: Walpole, Michael; Stiglingh, Madeleine
      The imposition of value‑added tax (VAT) style consumption taxes on so‑called digital supplies is a challenge that has been made necessary by general trends of globalisation and the change in patterns of supply and consumption in the modern economy. Part of this challenge relates to the complexities associated with the supply of intangibles, and this complexity is exacerbated by the fact that many such supplies take place across international borders. Tax systems have long been attempting to meet such challenges and these efforts have been redoubled as a result of the OECD/G20 motivated base erosion and profit shifting (BEPS) initiatives aimed at reducing opportunities to minimise taxation using cross‑border structures and arrangements. At the same time, the OECD has been proactive in developing guidelines, for application internationally among OECD members, affecting the imposition of the VAT laws. The most common recent efforts to deal with cross‑border supplies of intangibles have been the burgeoning examples of the so‑called "Netflix tax". This is a tax on consumption that might initially be thought to tax consumption of movies, electronic games and similar forms of entertainment.

      PubDate: Thu, 2 Nov 2017 11:47:42 GMT
       
  • Volume 32 Issue 2 - The adoption of GST in Malaysia: Lessons not learned
           and a few new paths
    • Abstract: Kasipillai, Jeyapalan; Krever, Richard
      As one of the last countries in the region to adopt a goods and services tax (GST), or value‑added tax (VAT) as the tax is commonly labelled outside Anglo jurisdictions, Malaysia had no shortage of international and regional experiences to draw on when designing and implementing the new tax. While there have been some small hiccups in the adoption of the tax, the switch from a former sales tax (and service tax) to the GST has been a success from both fiscal and public acceptance perspectives. There is, however, room to view critically Malaysia's disregard of some aspects of good tax design, such as its enthusiastic adoption of GST concessions, seemingly ignoring lessons from abroad on their complexity, cost and targeting inefficiencies. Some aspects of the cross‑border supply rules, implementation arrangements and administration procedures may also be problematic. Other design features, however, such as the unique regime for small agricultural concerns and the rules for financial intermediary services may provide examples for other jurisdictions.

      PubDate: Thu, 2 Nov 2017 11:47:42 GMT
       
  • Volume 32 Issue 3 - Political connections, corporate governance and
           effective tax rates in Malaysia
    • Abstract: Kasipillai, Jeyapalan; Lee, Mei Yee; Mahenthiran, Sakthi
      This study examines whether political connections and corporate governance influence effective tax rates of public listed companies (PLCs) in Malaysia. The sample consists of 541 firm-year observations from seven industries listed in the Kuala Lumpur Stock Exchange (now known as Bursa Malaysia) covering three years from 2010 to 2012. The main findings are robust measures relating to political connections, corporate governance and effective tax rates. The findings reveal compelling evidence that Malaysia's PLCs with high governmental interest which are managed by politically connected CEOs and firms with weak audit governance are more likely to have lower effective tax rates. Foreign institutional ownership and governmental ownership are two determinants that play a monitoring role in managing effective tax rates. The study complements existing literature on effective tax rates by identifying the main factors that influence effective tax rates in PLCs.

      PubDate: Thu, 2 Nov 2017 11:47:42 GMT
       
  • Volume 32 Issue 3 - Towards a self-funded retirement: Will superannuation
           substitute for the age pension'
    • Abstract: Ralston, Deborah; Feng, Jun
      The Turnbull Government is legislating a new objective for superannuation as proposed by the recent Financial System Inquiry (FSI)1 "to provide income in retirement to substitute or supplement the Age Pension". This objective is being enshrined in legislation, and will provide a benchmark for the system's performance. The inclusion of the intention to "substitute" for the age pension heralds a new direction for superannuation in Australia, and creates two key challenges for policy: the need to increase the median balances of low and middle-income earners; and better coordination between the three pillars of the retirement system, most especially between superannuation and the age pension.

      In this article, the authors examine first how the Australian superannuation system has been shaped by ongoing, and occasionally contradictory, policy changes, often motivated by political or budgetary considerations. Second, issues related to retirement income are discussed, such as the take-up of the age pension, the diversity of super balances on retirement, and the modest level of median balances.

      PubDate: Thu, 2 Nov 2017 11:47:42 GMT
       
  • Volume 32 Issue 3 - The role of the tax administrator in tax policy
           development
    • Abstract: D'Ascenzo, Michael
      The purpose of this article is to explore the role of the Commissioner of Taxation in policy development and law design. The methodology used is to consider the approaches adopted by other countries in relation to these functions, as well as taking an historical perspective of the ebb and flow of this role in Australia over the last few decades. The thesis presented is that the voice of administration is a necessary ingredient to good policy development, particularly on administration issues and as a key contributor to good law design. The concept of integrated tax design is strongly supported but it must be underpinned by appropriate capabilities, and seamless and sound working relationships. The principles of consultation, collaboration and co-design (user-based design) are also regarded as positive influences in sustainable tax reform, but they require all parties to have a commitment to the national interest.

      PubDate: Thu, 2 Nov 2017 11:47:42 GMT
       
  • Volume 32 Issue 3 - Should the superannuation access age be raised'
    • Abstract: Hanegbi, Rami
      Australia's superannuation system is composed of individual retirement accounts made of compulsory and voluntary contributions as well as their investment returns. A feature of the superannuation system is that funds can generally only be withdrawn once a taxpayer has reached their preservation age, currently legislated to increase to 60. However, there have been various calls to raise the superannuation access age beyond 60. This could be accomplished by further raising the preservation age or by utilising punitive tax rates on superannuation withdrawals made by those below a set age. Proponents of raising the superannuation access age claim that such an increase would lead to economic benefits due to it increasing mature workforce participation. However, this article argues that such benefits are likely to be limited in nature, and more importantly, will lead to widespread disadvantages, including a marked reduction in the proportion of people's lives where they are simultaneously both in retirement and in good health. The article concludes by arguing that unless there is a dramatic change of present or anticipated circumstances, raising the superannuation access age would in net terms be a negative policy move.

      PubDate: Thu, 2 Nov 2017 11:47:42 GMT
       
  • Volume 32 Issue 3 - The tax on feminine hygiene products: Is this
           reasonable policy'
    • Abstract: Do, Christina; Hodgson, Helen; Wilson-Rogers, Nicole
      This article considers the current debate surrounding the application of broad-based consumption taxes such as the goods and services tax (GST) levied in Australia to feminine hygiene products. In particular, it considers whether the tax on feminine hygiene products is reasonable policy. In considering this debate, reference is made to the current legislative framework and history of applying GST to feminine hygiene products. It also considers some brief international comparisons and the competing arguments for and against taxing feminine hygiene products.

      PubDate: Thu, 2 Nov 2017 11:47:42 GMT
       
  • Volume 32 Issue 3 - An assessment of the Code of Professional Conduct
           under the TASA 2009 - six years on
    • Abstract: Devos, Ken; Kenny, Paul
      A significant body of research has developed over the last sixty years concerning the factors that influence and impact taxpayer compliance. In particular, a number of recent studies have examined tax practitioners' ethical behaviour and the implications this has for taxpayer compliance. However, fewer studies have conducted systematic empirical research into tax practitioner ethics in Australia, and more specifically with regards to the Code of Professional Conduct under the Tax Agent Services Act 2009 (Cth), since its operation from March 2010.

      As tax practitioners lodge returns on behalf of approximately 75% of Australian individual taxpayers, there is great potential for them to influence the compliance landscape. Failure to investigate the discrepancies between tax practitioner ethics/practices and those stipulated in the Code of Professional Conduct could potentially result in professional malpractice and excessive revenue leakage for the government. Consequently, this preliminary study addresses this research gap by specifically investigating tax practitioners' level of commitment to, and compliance with, the Code of Professional Conduct.

      The research study conducted both a quantitative and qualitative analysis of data obtained directly from Australian tax practitioners. The findings revealed that tax practitioners were generally supportive of the professional standards under the code, but the findings were more qualified with regard to the appropriateness and knowledge of penalties under the code. The results were also mixed with regard to other ethical issues, such as the outsourcing and transfer of client information.

      The suggested tax policy implications stemming from the study include: the reintroduction of compulsory engagement letters; clear guidelines regarding the maintenance of in-house tax practitioner guidelines at all levels; introduction of protocols and standards for data security and outsourcing of services; improving the education and training of tax practitioners with regard to penalties; and consideration of the possible "black listing" of agents in public documents who commit serious offences under the code.

      These findings provide useful information for the Tax Practitioners Board, professional tax and accounting organisations and the Australian taxation authority.

      PubDate: Thu, 2 Nov 2017 11:47:42 GMT
       
  • Volume 31 Issue 1 - Fiscal responses to climate change in Australia: A
           comparison with California
    • Abstract: Dabner, Justin
      Global initiatives to reduce emissions can be categorised as either regulatory measures or measures that seek to place a price on carbon. Most jurisdictions employ a combination of the two, with pricing measures generally preferred by economists. Where carbon is priced, this is typically achieved by imposing a carbon tax and/or an emissions trading scheme (ETS).

      Australia introduced a nationwide ETS from 1 July 2012, with California (and Quebec) following suit from 1 January 2013. The Australian ETS was set to link with that of the European Union from 1 July 2014 and linkage with New Zealand was also being explored. Meanwhile, California and Quebec linked six months earlier. The first tentative steps towards a global carbon market seemed underway.

      PubDate: Thu, 2 Nov 2017 11:47:42 GMT
       
  • Volume 31 Issue 1 - Developing countries and the automatic exchange of
           information standard - A "one‑size‑fits‑all"
           solution'
    • Abstract: Sadiq, Kerrie; Sawyer, Adrian
      Recently, the Organisation for Economic Co‑operation and Development (OECD), at the invitation of G20 countries, developed what it refers to as the new single global standard for the automatic exchange of information (AEOI) between key revenue authorities worldwide. This standard, if adopted by a country, would require the annual AEOI relating to financial accounts obtained from financial institutions and exchanged in a common reporting format or standard. Theoretically, the adoption of the AEOI standard on a global scale would equip all countries to address the illicit flow of money to locations which result in tax avoidance and other forms of non‑compliance. However, the success of the AEOI standard relies on countries to be able to first, collect and supply the information required and second, effectively use and benefit from the information provided to them. This means that such an adoption places an onerous administrative burden on a country and this is arguably especially the case for developing countries which do not have the same level of administrative resources and intellectual capital as developed countries.

      PubDate: Thu, 2 Nov 2017 11:47:42 GMT
       
  • Volume 31 Issue 1 - Reinventing administrative leadership in Australian
           taxation: Beware the fine balance of social psychological and rule of law
           principles
    • Abstract: Sharkey, Nolan; Murray, Ian
      The Australian Taxation Office's goal of "reinventing" the way it goes about administering the Australian federal tax system raises fundamental questions about the role and implications of administrative "leadership". This article considers administrative leadership from the general perspectives of rule of law principles and leadership theory, with a focus on the social psychology and public administration literature. The article questions whether a greater focus on administrative leadership might conceal potential problems when viewed through the lens of the interaction between the rule of law and leadership theory in building trust in tax administration. It is the second of two articles to do so. The first focused on China. This article uses Australia as an exemplar, so that the two articles allow for an examination of administrative leadership in a jurisdiction with the weak rule of law and with strong rule of law. Ultimately, it is suggested that before pursuing administrative leadership to achieve change or influence regulates, the Commissioner of Taxation must be careful to define precisely what leadership will entail, to what extent it is proposed to be employed and how it might interact with upholding the rule of law. Simply advocating leadership as a positive is too simplistic an approach.

      PubDate: Thu, 2 Nov 2017 11:47:42 GMT
       
  • Volume 31 Issue 1 - Taxing corruption in Australia and New Zealand
    • Abstract: Marriott, Lisa
      Facilitation payments to foreign public officials are legal and tax deductible in Australia and New Zealand, within certain parameters. In light of increasing corruption in both countries, this study questions the reasonableness of allowing tax deductions for payments that are classified as bribes by many international bodies.

      There are multiple issues with allowing facilitation payments to foreign public officials to be tax deductible. First, if the value of the benefits must be "small" or "minor", as required by legislation, the primary argument in support of the retention of their tax deductible status that they are necessary to ensure businesses remain competitive becomes questionable. Denying tax deductions for small payments is unlikely to have a significant impact on the competitiveness of an entity. Second, there is a lack of clarity in relation to what is permissible in making the facilitation payment. Words and phrases such as "ensure or expedite", or "wholly or mainly" allow for broad interpretation of the legislation. Third, and perhaps most importantly, in New Zealand there is no need for the expenditure to have a nexus with the income earning process in order to claim a deduction for a facilitation payment. There appears to be no valid policy reason for why this expenditure is not required to meet the general test for deductibility.

      PubDate: Thu, 2 Nov 2017 11:47:42 GMT
       
  • Volume 31 Issue 1 - Tax avoidance scheme penalties and purpose
    • Abstract: Black, Celeste M
      The penalties triggered by involvement in schemes designed to reduce tax‑related liabilities are important elements of the penalty regime of the Taxation Administration Act 1953 (Cth). Both the scheme penalty applicable to taxpayers and the promoter penalty include a requirement that it is reasonable to conclude that an entity that entered into or carried out the scheme did so with the sole or dominant purpose of that entity or another entity obtaining a scheme benefit from the scheme. Although the phrasing of these tests borrows from the general anti‑avoidance rule of Pt IVA of the Income Tax Assessment Act 1936 (Cth), they differ in several important respects. This article examines the broader context and legislative history of these two scheme penalties as well as relevant court and tribunal decisions in order to determine the preferred construction of the purpose test in each case. In particular, this article considers whether these tests are, or should be, purely objective in nature or whether they admit into consideration the actual, subjective purpose of an entity taking part in the scheme.

      PubDate: Thu, 2 Nov 2017 11:47:42 GMT
       
  • Volume 31 Issue 1 - An empirical analysis of the tax burden of mining
           firms versus non‑mining firms in Australia
    • Abstract: Xuerui Li, Estelle; Tran, Alfred V
      This study investigates both the explicit and implicit tax burdens of mining firms versus non‑mining firms in Australia for the period from 2006 to 2009. Explicit tax burdens are measured by current effective tax rate. Implicit tax burdens are present if firms receiving tax subsidies suffer reductions in pre‑tax rate of return.

      The results show that mining firms have a lower explicit tax burden than non‑mining firms after controlling for firm size, capital intensity and foreign operations. Mining firms do not incur offsetting implicit tax on the mining‑specific income tax subsidies, but non‑mining firms suffer implicit tax on the tax subsidies received. Moreover, mining firms are found to have a significantly higher pre‑tax rate of return on equity than non‑mining firms because low resource taxes on resources extracted from Australia mean low cost of sales for mining firms.

      PubDate: Thu, 2 Nov 2017 11:47:42 GMT
       
  • Volume 31 Issue 2 - Tax compliance and cultural values: The impact of
           "individualism and collectivism" on the behaviour of New Zealand small
           business owners
    • Abstract: Yong, Sue; Martin, Fiona
      Due to changes in immigration rules and globalisation, most developed countries including Australia, Canada, New Zealand, the United Kingdom and the United States of America are becoming more culturally diverse. The consequence of cultural diversity challenges the present assumption of homogenous resident taxpayers. This leads to the need to examine existing tax policies and administration. Sparse research on tax compliance and culture also provides the rationale for an in depth qualitative study of ethnic small business taxpayers' compliance behaviours. This study examines the attitudes and abilities of small business operators in New Zealand towards paying their taxes on time. The small business operators are categorised, using Statistics New Zealand categories, into New Zealand's four largest ethnic taxpayer groups: Europeans, Asians, Maori and Pacific peoples. The study adopts a qualitative research methodology and evaluates the taxpayers' behaviour through the lens of the cultural values of "individualism" and "collectivism". The results of this study are relevant for tax administrators, academics and practitioners in New Zealand and also Australia, in view of the fact that Australia is also a multicultural nation.

      PubDate: Thu, 2 Nov 2017 11:47:42 GMT
       
  • Volume 31 Issue 2 - Tax literacy in Australia: Not knowing your deduction
           from your offset
    • Abstract: Chardon, Toni; Freudenberg, Brett; Brimble, Mark
      In times of global economic uncertainty and in a climate of increased consumer responsibility for financial decisions, maintaining a financial environment where consumers are protected from risk and continue to have opportunities to create wealth should be critical for governments, business and administrators. The Australian Government has recognised that, for those with the lowest levels of financial literacy, specific financial literacy programs can equip them with the appropriate financial skills and knowledge to ensure they can make well informed decisions and be less vulnerable to scams and market risks.

      One of the main aims of increasing the overall financial literacy of populations is creating an environment where consumers have the knowledge, skills and confidence to protect them from financial risk. It is argued that taxation consequences often play an important role in investment decisions and are often the primary reason why people seek assistance and advice from professionals. It is also argued that making poor taxation decisions through a lack of basic understanding can pose significant risks to a person's overall financial position and financial decision-making. Indeed, Chardon has argued that the notion of financial capability should include notions of tax and superannuation. Ho we ver to what extent do Australians understand basic tax concepts, that is - what is their "tax literacy"'

      The current study is the first to empirically examine the tax literacy of Australians and whether there are any correlations with certain demographical factors. The study involved firstly a series of focus group interviews to determine what concepts should form part of a tax literacy score (TLS). This was then followed by a survey completed by over 600 Australians to determine their TLS. In measuring the levels of tax literacy in Australia, it was found that approximately 81% of Australians have a TLS at the "basic" or higher level. This, in turn, means that 19% of Australians have a TLS classified as either "poor" or "low' Also, it was found that similar demographic groups for financial literacy were likely to have lower levels of tax literacy. It was also found that higher levels of tax literacy were found in those groups having a greater connection to employment The findings of this research have practical policy implications, in that the results can assist policymakers and administrators in their understanding of what areas of tax the general population needs assistance with and can help shape communication and education strategies.

      PubDate: Thu, 2 Nov 2017 11:47:42 GMT
       
  • Volume 31 Issue 2 - Resolving Australian tax controversies: Does the tax
           jurisprudence under the European convention on human rights suggest a
           better way'
    • Abstract: Dabner, Justin
      In both his 2013 and 2014 annual reports, the Australian Inspector General of Taxation wrote of the need to consider the adoption of a taxpayers' bill of rights in Australia. While a charter of taxpayer rights has been a feature of ATO administration for almost two decades, it does not provide a legal remedy for an aggrieved taxpayer. In the absence of constitutional protection for fundamental rights, and the inapplicability of Australian human rights legislation to taxation matters, the courts have been reluctant to extend legal protections to taxpayers. If neither the Taxation Administration Act 1953 (Cth) (TAA) nor the Administrative Decisions (Judicial Review) Act 1977 (Cth) are applicable then, typically, taxpayers are left to the vagaries of the ATO's internal dispute resolution procedures or to attempt to convince the Ombudsman, and now Inspector General, of the merits of their case.

      PubDate: Thu, 2 Nov 2017 11:47:42 GMT
       
  • Volume 31 Issue 2 - Finally, a goods and services tax for Malaysia: A
           comparison to Australia's GST experience
    • Abstract: Kraal, Diane; Kasipillai, Jeyapalan
      Malaysia had two attempts since 2005 to introduce a consumption tax, and on the third and finally successful attempt, its Goods and Services Tax Act 2014 took effect from April 2015. Similarly, Australia's path to a broad based consumption tax was hard fought, with three attempts to 1981 by then Coalition Treasurer, John Howard. The next proposal in 1985 by Paul Keating as Federal Treasurer failed through lack of internal party support and an unconvincing argument of tax efficiency over regressivity. The 1993 attempt by then Federal Opposition leader, John Hewson had a goods and services tax (GST) on the party platform, but he failed to win over the electorate. Australia's GST was finally implemented by the Howard Government in 2000.

      This article concerns an investigation into Malaysia's recent introduction of a GST and seeks some answers to explain the issues delaying its previous attempts. Australia's GST experiences from 1985 to 2000 are compared to Malaysia's delayed introduction of the GST over the period 2005 to 2014 and its implementation in 2015. The focus, in particular is on two issues underpinning the delays: tax architecture and GST educational support. Comparative data is sourced from academic journals, Malaysia's mainstream newspapers and online commentaries.

      Findings suggest that a key factor for Malaysia's delayed GST includes flawed tax architecture, as income tax rates were pre-emptively lowered in anticipation of the passage of the second, failed attempt in 2009 at passing a GST Bill through the Malaysian Parliament. By contrast, Australia's tax architecture was not compromised in the same way as cuts to income tax rates and its new GST regime were legislated concurrently for commencement in 2000. Further concerns raised by the Malaysian electorate indicate that clearly targeted GST educational programs are necessary for the continuance of effective implementation.

      PubDate: Thu, 2 Nov 2017 11:47:42 GMT
       
  • Volume 31 Issue 2 - Stapled securities: Antipodean anomaly or adaptable
           innovation'
    • Abstract: Davis, Kevin
      The issuing of stapled securities (such as a unit in a trust and a share in a company) which cannot be traded separately occurs relatively frequently in Australia but is not common elsewhere. This article outlines the features and use of stapled security structures and examines explanations for their popularity in Australia, such as tax, behavioural finance, and governance aspects. It considers the use of such structures, and regulatory impediments, in other economies.

      PubDate: Thu, 2 Nov 2017 11:47:42 GMT
       
  • Volume 31 Issue 2 - International tax planning by multinationals:
           Simulating a tax minimising intercompany response to the OECD's
           recommendation on BEPS Action 4
    • Abstract: Kayis-Kumar, Ann
      In October 2015, the OECD/G20 presented their final report on the Base Erosion and Profit Shifting (BEPS) Project. This article presents a unique analysis of the OECD/G20's recommendation on Action 4 by utilising tax optimisation modelling to simulate and examine a hypothetical multinational enterprise's (MNE's) behavioural response to this recommendation. The literature to date has primarily focused on the "debt bias", which arises from the distortion in the tax treatment between debt and equity financing. The BEPS Project is no exception, despite acknowledging that the "mobility and fungibility of money makes it possible for multinational groups to achieve favourable tax results", the focus has remained on the debt bias. Prior work by the author introduced a broader conception of funding biases; specifically, the tax-induced cross-border "funding bias". The funding bias includes intercompany licensing and leasing activities in addition to debt and equity financing.

      These four forms of fungible intercompany financing are built into the tax optimisation model developed by this article. This model presents a unique contribution to the literature by simulating complex cross-border intercompany tax planning strategies. This facilitates a formal analysis of one of the most significant challenges presented by the mobility and fungibility of capital, namely, anticipating how an MNE structures its internal affairs in a tax-minimising manner given the current tax regime - and designing improvements to tax laws accordingly.

      The model developed by this article shows that the OECD's fixed ratio rule is more effective than the current regime of thin capitalisation rules at protecting the tax revenue base from the most tax-aggressive MNEs. However the model also indicates that it is ultimately more effective to equalise the tax treatment among otherwise fungible intercompany funding activities. This outcome is consistent with the principle of tax neutrality, which suggests that, ceteris paribus, all like income should be treated alike for tax purposes. This shows that rules eliminating the "underlying disease" (the tax incentive for thin capitalisation) are more effective at targeting BEPS than rules which mitigate the "symptom" (such as thin capitalisation rules or the OECD's fixed ratio rule).

      PubDate: Thu, 2 Nov 2017 11:47:42 GMT
       
  • Volume 31 Issue 3 - SMEs tax compliance: A matter of trust'
    • Abstract: Tan, Lin Mei; Liu, Xiaoqian
      The "slippery slope framework"1 suggests there are two main determinants of tax compliance: trust in tax authorities and the power of tax authorities. This study draws on this framework to investigate empirically the effect of trust in tax authority and the power of tax authority on taxpayers' compliance behaviour in New Zealand. In addition, the study also proposes to examine the effects of trust dimensions (trustworthiness, trust propensity and fairness).

      A self-administered questionnaire was used to collect data from a sample of small and medium-sized business enterprise taxpayers nationwide. The results show that power (both legitimate and coercive) was positively associated with enforced tax compliance, whereas trust was positively associated with voluntary tax compliance. Trust and legitimate power were found to be positively correlated, whereas trust and coercive power were negatively correlated. To explain what trust in tax authority represents, this study shows that trustworthiness and trust propensity were positively correlated with trust in tax authority. The significant association between procedural fairness and trust in tax authority further suggests that procedural fairness is more important in cultivating trust in tax authority compared to distributive and retributive fairness. When all these variables were considered simultaneously in the prediction of voluntary compliance, trust in authority, their ability and benevolence were significant factors. In the case of enforced compliance, both types of power, coercive and legitimate, and tax knowledge were significant factors. Power and trust therefore lead to enforced and voluntary compliance, respectively, in a positive way. The theoretical assumptions made under the "slippery slope framework" were supported by the results of this study.

      PubDate: Thu, 2 Nov 2017 11:47:42 GMT
       
  • Volume 31 Issue 3 - Clash of the deeming provisions: Pre-CGT concessions,
           tax consolidation and policy in the federal court
    • Abstract: Barros, Carlos; Teo, Eu-Jin; Hinchliffe, Sarah
      The Federal Court of Australia in Financial Synergy Holdings Pty Ltd v FCT endeavoured to effectively reconcile complex and inconsistent deeming provisions in relation to capital gains tax (CGT) and tax consolidation. The interpretative approach that was adopted at first instance resolved the matter directly at hand, but also raised a number of problems that may not have been immediately apparent. In one view, these seemingly unforeseen complications would arise because of the special rules that govern tax consolidation, and might manifest themselves: (1) on the wholesale or staggered disposal of membership interests in a subsidiary member by a consolidated group; and (2) in terms of the potentially narrow scope of the CGT concession created by the pre-CGT proportion provisions. This article therefore puts forward an alternative consideration of the interaction between the provisions at issue, an approach consistent with that adopted by the court on appeal and which addresses, to some extent, the problems that might be said to arise as a result of the approach that was accepted at trial.

      PubDate: Thu, 2 Nov 2017 11:47:42 GMT
       
  • Volume 31 Issue 3 - The evolution of corporate taxation - a work in
           progress
    • Abstract: Spence, Ken
      During my professional career, Australia's corporate tax system has changed dramatically to become one of the most sophisticated/complex in the world.

      Mindful of these fundamental changes in Australia's corporate tax system, I read with interest a recent article written by The Australian Financial Review's political editor, Laura Tingle, entitled 'How we forgot how to govern'.1 In this article, Laura Tingle laments the loss of 'memory' in politics and policy-making in Australia, as the following quotations from the article's introduction evidence:

      Without memory there is no context or continuity for the making of new decisions. We have little choice but to take these decisions at face value, as the inevitable outcome of current circumstances. The perils of this are manifest. Decisions are taken that are not informed by knowledge of what has worked, or not worked, in the past, or even by conscious analysis of what might have changed since the issue was last considered ...

      PubDate: Thu, 2 Nov 2017 11:47:42 GMT
       
  • Volume 31 Issue 3 - The impact of recent tax changes on tax complexity and
           compliance costs: The tax practitioners' perspective
    • Abstract: Tran-Nam, Binh; Lignier, Philip; Evans, Chris
      This article reports the results of an online survey of Australian tax practitioners conducted in May 2014. The purpose of the survey was to gain further insight into how tax changes impact on the role of tax practitioners in assisting their clients to comply with tax obligations (including tax planning). The survey was also designed to identify the possible managerial benefits that business taxpayers may derive from their relationship with a tax practitioner. This article focuses only on the first objective of the survey.

      The online survey attracted 241 respondents and analysis of the data obtained reveals a number of key findings, some of which are confirmatory. First, respondents see tax planning as being almost as important as tax compliance in their role as tax practitioners. As might be expected, the perceived importance of tax planning becomes stronger as firm size becomes larger. Second, respondents consider that the frequent changes to tax rules over the previous five-year period had an adverse impact on their practice and the nature of the tax services provided to their clients. They also perceive those frequent changes as a main driver of tax complexity. Third, respondents claim that they incur non-trivial annual costs of coping with tax changes and can ultimately pass on only a small proportion of these costs to their clients. Fourth, respondents exhibit a largely negative view about the impact of cumulative tax changes over the previous five-year period on their ability to advise clients with certainty, particularly in relation to tax planning; and on the time and stress associated with tax return preparation.

      PubDate: Thu, 2 Nov 2017 11:47:42 GMT
       
  • Volume 31 Issue 3 - Tax collection, recovery and enforcement issues for
           insolvent entities
    • Abstract: Villios, Sylvia
      This article describes the ATO's debt collection framework, including the number of debt collection strategies that the ATO has developed, giving particular attention to the position of a corporate tax debtor that is approaching insolvency within the ATO's debt collection framework. In the context of a tax debtor that is approaching insolvency, it is evident that the manner in which the ATO administers the tax law has the potential to impact on the corporate tax debtor, as well as a number of other stakeholders.

      In the current economic climate, the ATO is most concerned about mitigating the risk to the revenue of non-compliance and, more broadly, carefully managing its approach to debt collection to contain debt levels at acceptable limits. An analysis is made as to whether the ATO's administrative practices are achieving the recognised tax policy criteria of fiscal adequacy, efficiency, equity and simplicity. This analysis highlights areas of weakness within the current ATO's debt collection framework and the international experience is drawn on to discuss possibilities for future action. In order to successfully achieve the recognised tax policy criteria, a few themes will emerge in this article. These themes include the importance of early intervention, the early mandatory assessment of business viability, tax debtor engagement with the ATO and of striking the right balance of flexible delivery while fostering a positive compliance culture when administering the tax law.

      PubDate: Thu, 2 Nov 2017 11:47:42 GMT
       
  • Volume 31 Issue 3 - E-filing and compliance risk: Evidence from Australian
           personal income tax deductions
    • Abstract: Warren, Neil
      Two major advances in personal income tax administration over recent decades are the pre-filling of tax returns and the electronic lodgement of those returns. However, pre-filling has been largely restricted to income and information reported in previous years, not current year costs incurred in generating taxable income (or deductions). This has not constrained national revenue bodies from putting in place incentives for greater take-up of e-filing as in the case of Australia where with electronically filed personal tax returns, the ATO has a general commitment to make any refunds in 12 days or less while with paper returns, it is 50 days. What has not been adequately investigated is whether incentivising e-filing by self-preparers, at a time when pre-filling is focussed mostly on income with less on deductions, poses a potential compliance risk. This paper investigates this issue in the case of the Australian personal income taxpayers over the period 2003-04 to 2013-14 and whether there is a distinct change in the deductions claim behaviour of those self-preparers lodging electronically via e-tax and myTax compared to those lodging paper returns or via tax agents. The paper finds that over the 10-year period studied, there were distinct changes in the work-related expense deduction claims behaviour of self-preparers relative to those using a tax agent, with e-tax self-preparers having a significantly increased incidence of claims, even though the average level of relative claim declined. In an environment with incentives for electronic lodgement and limited pre-filling of deductions, it is concluded that this differential behaviour warrants further study from both a compliance risk perspective as well as the appropriateness of the current policy treatment of deductions.

      PubDate: Thu, 2 Nov 2017 11:47:42 GMT
       
  • Volume 31 Issue 3 - Design alternatives for an Australian allowance for
           corporate equity
    • Abstract: Freebairn, John
      Alternative details of an allowance for corporate equity (ACE) tax to replace the corporate income tax in Australia are assessed in terms of comparative effects on market outcomes, government revenue, efficiency, equity and simplicity. At the corporate level, alternative measures of the equity capital base, the ACE deduction rate, the ACE tax rate and the treatment of losses are evaluated. In general, the unambiguous superiority of one alternative cannot be established. Also discussed are the status quo versus alternative complementary changes to current arrangements for the taxation of capital income of resident savings, withholding taxes on non-resident returns, and asset taxes. Again, a range of acceptable alternative details for the design of a comprehensive capital income tax reform package, including an ACE, are available.

      PubDate: Thu, 2 Nov 2017 11:47:42 GMT
       
  • Volume 31 Issue 4 - Sustainably funding transportation infrastructure: Tax
           fuel or miles'
    • Abstract: Mann, Roberta F
      The United States faces an infrastructure crisis. The United States has funded its transportation system with a dedicated tax on gasoline, which has not been increased for over two decades. The funding structure for highways and transit is not working for today's transportation needs. As motor vehicles have become more efficient, they use less fuel, which means less revenue for the transportation system. This revenue shortfall leads to consideration of a tax shift from fuel taxes to vehicle miles travelled taxes. A shift from taxing fuel to taxing miles travelled creates many policy implications, including whether replacing fuel taxes with vehicle miles travelled taxes would encourage the use of less fuel efficient vehicles, with a resulting negative impact on the environment. This article considers the benefits and detriments of the different funding approaches for transportation needs.

      PubDate: Thu, 2 Nov 2017 11:47:42 GMT
       
  • Volume 31 Issue 4 - Chinese tax policy and the promotion of agricultural
           cooperatives and environmental protection
    • Abstract: Butcher, Bill; Xu, Yan
      China's remarkable economic growth over the past 35 years has come at a cost, not least being a significant deterioration in its natural environment. Chinese authorities have responded to this challenge with a range of measures including the imposition of specifically targeted environmental imposts on business enterprises. In addition, the Chinese central government recently introduced a broader draft environmental tax law directed at air, water, noise and solid waste pollution.

      At the same time, China has been pursuing a separate policy of encouraging the development of agricultural cooperatives. Cooperatives of all types play an important part in China's economic and social development but agricultural cooperatives have a particular importance given their role in assuring a stable food supply. They bring benefits in the form of economic stimulation, social cohesion and increased productivity. The Chinese central government, recognizing the importance of these benefits, has provided incentives to the development of cooperatives, specifically exemptions from VAT and stamp duty. Local governments in their turn have provided incentives, notably exemptions from a range of taxes including land use tax, business tax and tax registration fees.

      This paper examines the extent to which Chinese cooperative enterprises - and agricultural cooperatives in particular - can and should be subjected to environmental imposts and how the two policy goals of environmental protection and the promotion of agricultural cooperatives can best be aligned to best ensure positive outcomes for both.

      PubDate: Thu, 2 Nov 2017 11:47:42 GMT
       
  • Volume 31 Issue 4 - Will cars go green under the ACT's reformed vehicle
           purchase tax'
    • Abstract: Mortimore, Anna
      This article revisits the Australian Tax Forum research article, "Will cars go green in the ACT'" (2015). The Australian Capital Territory was the first jurisdiction in Australia to reform its vehicle purchase tax/duty on the basis of new vehicles' "environmental performance", in what was known as the Green Vehicle Duty Scheme (GVDS). The analysis of that tax instrument in 2015 concluded that it was not environmentally effective in influencing car purchasing trends towards lower CO2‑-emitting vehicles. A later reform of the GVDS, reflecting the federal government's "Green Vehicle Guide", replaces the GVDS with a new instrument, the Vehicle Emission Reduction Scheme (VERS), which commenced on 29 June 2015.1 This article considers whether the VERS instrument might usefully be adopted by other state and territory governments to improve fuel efficiency and reduce CO2 emission from light vehicles. It concludes that the tax design and price signal reforms set out in the VERS do not promote environmental performance better than its predecessor GVDS.

      PubDate: Thu, 2 Nov 2017 11:47:42 GMT
       
  • Volume 31 Issue 4 - Tax and the environment: An evaluation framework for
           tax policy reform Group Delphi study
    • Abstract: Stoianoff, Natalie P; Walpole, Michael
      This paper reports on the Delphi Study undertaken by the authors in the development of a tax policy analysis framework that can be utilised to evaluate the effectiveness of Environmental Tax Measures (ETMs), building that framework from a critical assessment of the menu of factors advanced as possibilities in the prior literature. The ETMs are more commonly referred to as tax concessions or subsidies and are a form of tax expenditure used by governments to intervene in markets and influence the behaviour of particular taxpayers or industries. Such concessions need to be evaluated to assess their efficiency and effectiveness among other criteria. The Delphi Study was undertaken by bringing together an international group of expert environmental taxation scholars (the Reference Group) to participate in a Roundtable held during the 16th Global Conference on Environmental Taxation at UTS in September 2015. This is a variation on the Group Delphi method. While the Delphi method is traditionally based on anonymity, the Group Delphi assembles the expert panel to take part in a structured communication process using rotating subgroups to address the relevant questionnaire(s) (applying Likert scaling) and open questions, building consensus and defining disagreement by employing plenary discussions between iterations to foster peer review. The Roundtable utilised a single group divided into several subgroups and two plenary discussions to refine and rank the evaluation criteria. The questionnaires, both before and during the Roundtable, were designed to obtain personal responses to the issues posed and to allow the experts to verify their views. The Reference Group participants were asked to examine the adequacy and completeness of a list of pre-selected evaluation criteria, and to update that list with other necessary criteria. In addition, they were asked to prioritise the most appropriate criteria for the evaluation of ETMs. In this paper, the authors analyse these results, taking into consideration both the rankings and the issues raised about the criteria both through the questionnaires and during the Roundtable.

      PubDate: Thu, 2 Nov 2017 11:47:42 GMT
       
  • Volume 31 Issue 4 - Is there a role for tax incentives for the protection
           of freshwater resilience'
    • Abstract: Jarvie, Deborah L
      The planet is facing unprecedented growth in population, energy demands and water usage, all of which significantly impact one another. This article highlights a research study undertaken to explore the role of tax incentives for innovation for freshwater protection in this "water‑-energy nexus". The study looked at the impact of the unconventional natural gas industry (in Alberta, Canada) on freshwater sources particularly aquifers.

      The current regulatory structure of command and control (CAC) directives was examined and compared to a policy framework inclusive of CAC, market incentives and stakeholder engagement. The study concluded with the recommendation that a framework for the management of groundwater resilience is necessary to recognise the temporal and spatial differences between economic and ecological systems, and to protect the finite supply of freshwater.

      PubDate: Thu, 2 Nov 2017 11:47:42 GMT
       
  • Volume 31 Issue 4 - Index
    • PubDate: Thu, 2 Nov 2017 11:47:42 GMT
       
  • Volume 30 Issue 3 - Taxing cross-border intercompany transactions: Are
           financing activities fungible'
    • Abstract: Kayis-Kumar, Ann
      The Organisation for Economic Cooperation and Development ('OECD') is currently considering best practice approaches to designing rules to prevent base erosion and profit shifting ('BEPS') by multinational enterprises ('MNEs'). However, the OECD makes a distinction between combating BEPS and reducing distortions between the tax treatment of various methods of financing. Yet, an unequal tax treatment can create distortions, which incentivises tax planning behaviour.

      PubDate: Thu, 2 Nov 2017 11:47:42 GMT
       
  • Volume 30 Issue 3 - The Mirrlees Review's good tax system: "Old world"
           versus "new world" professor opinions
    • Abstract: Kenny, Paul
      This article examines the relevance of the 2012 UK Mirrlees Review's findings for its "good tax system" for taxpayers in the UK, Australia and New Zealand. This qualitative study on the Mirrlees Review's findings identifies and interviews a number of tax professors and an economist in these three comparable small to medium sized OECD countries. The three countries have similar cultural, social, economic and political customs and institutions that also facilitate a good comparison.

      This article finds considerable consensus for much of the Mirrlees Review's good tax system with recent tax reviews in Australia (the 2009 Henry Review) and New Zealand (the 2010 Buckle Review), all preferring land tax, broad income and value-added tax regimes. Reflecting this, a high level of consensus was found among the respondents for much of the good tax system. The responses also highlight a number of contentious areas that provide scope for further research. The respondents strongly agreed that political factors dominated tax design in the three countries. The responses further suggested that major tax reform is difficult but possible in the right circumstances. How to successfully achieve tax reform looms as a key area for further research.

      PubDate: Thu, 2 Nov 2017 11:47:42 GMT
       
  • Volume 30 Issue 3 - Small business owners' attitudes toward GST
           compliance: A preliminary study
    • Abstract: Woodward, Lynley; Tan, Lin Mei
      A significant body of research both internationally and in New Zealand has been devoted to understanding the factors that influence compliance with tax law. Early studies on compliance were primarily focused on individuals and income tax. Recent comprehensive reviews of the literature indicate that groups of taxpayers, such as small businesses, and compliance with other tax types, such as consumption taxes, remain under-explored.

      To contribute to the extant literature, this preliminary study extends prior work on the compliance attitudes or behaviour of small business owners (SBOs) by focusing on their tax attitudes toward New Zealand's goods and services tax (GST) system. In particular, their perceptions of deterrence (eg chance of being audited or penalised), tax morale, social norms (eg other business taxpayer's compliance attitudes), perception of the tax system (eg fairness, complexity, tax burden), and tax administration (eg trust in authority) are examined.

      The results show some evidence of "mental accounting" which is in line with Adams and Webley's study. Not all SBOs perceived the GST system as being reasonablysimple or easy to understand. Many owners also indicated that they relied on accounting software packages for recording their GST transactions and they appeared to assume their tax practitioners would pick up any errors they make. The results further indicate that tax penalty and tax audit are salient in the minds of SBOs. The majority of SBOs always tried to file a correct and timely tax return in view of the potential cost of incurring penalties for not doing so. Although the tax system was perceived as being reasonably simple, issues relating to internet transactions and GST on imports, and the burden of compliance cost of GST were particularly frustrating to SBOs. They also had different personal experiences in their dealings with Inland Revenue and different perceptions of Inland Revenue's fairness. The SBOs' GST morale with regards to proper invoicing and classification of goods and services was found to be positive. The majority would not feel good in falsifying invoices or misclassifying goods or services, although some suspected others did engage in such activities. Many are also aware of customers' preference to pay cash to business owners to avoid GST and one-third of the sampled owners even admitted doing so themselves. These insights have several implications for tax authorities.

      PubDate: Thu, 2 Nov 2017 11:47:42 GMT
       
  • Volume 30 Issue 3 - Can a 20th century business income tax regime serve a
           21st century economy'
    • Abstract: Graetz, Michael J
      This article is the text of the Parsons Lecture given by Michael Graetz at the University of Sydney Law School in April 2015. In it the author reviews the contemporary challenges involved in making international tax policy. These challenges include the tensions of international tax competition whilst balancing both sound economic theory, and politics. The author explains how the 20th Century international tax system that we have is poorly equipped to cope with the 21st Century's technologically impelled, integrated global economy. With this background the author comments on the potential for tax reform in the US; the options for tax reform in Australia; and key features of the OECD's Base Erosion and Profit Shifting (BEPS) initiatives. The lecture concludes with 12 predictions about the directions international tax policy will follow. These range from continued international economic competition using tax law; through greater application of anti-avoidance rules; to broader consumption taxes and more equitable taxation of capital probably involving retention of politically popular, economically problematic, corporate income taxes.

      PubDate: Thu, 2 Nov 2017 11:47:42 GMT
       
  • Volume 30 Issue 3 - Can taxable income be estimated from financial reports
           of listed companies in Australia'
    • Abstract: Tran, Alfred
      Taxable income may provide some indication as to the credibility of pre-tax accounting profit reported in corporate financial statements, because the two income measures are based on the same set of economic transactions and events. This article examines whether it is possible to estimate a firm's actual tax liability and taxable income from income tax disclosures under the current Australian Accounting Standard AASB 112 Income taxes, which applies to financial statements for reporting periods commencing on or after 1 January 2005. Specifically, this article examines empirically the problems associated with estimating taxable income from current tax expense - a mandatory disclosure item under AASB 112. Recommendations are also made to improve the income tax disclosure requirements to facilitate estimation of a firm's taxable income.

      PubDate: Thu, 2 Nov 2017 11:47:42 GMT
       
  • Volume 30 Issue 3 - The rule of law and leadership in substitution and in
           conflict: Social psychological and legal perspectives on Chinese tax
           administration
    • Abstract: Sharkey, Nolan; Murray, Ian
      This article considers the social psychological literature on leadership in the context of tax administration and the rule of law. It does this within the paradigm of China, a state with notable problems with its legal institutions and a thriving economy. It considers whether China's functioning in the face of its formal institutional problems can be linked to administrative leadership. At the same time, it assesses whether the leadership that allows the economy to function is also an obstacle to the strengthening of China's formal institutions and rule of law.

      PubDate: Thu, 2 Nov 2017 11:47:42 GMT
       
  • Volume 30 Issue 3 - A fair go': A response to the Independent Local
           Government Review Panel's assessment of municipal taxation in NSW
    • Abstract: Drew, Joseph; Dollery, Brian
      The Independent Local Government Review Panel (ILGRP) recently handed down its final report on the financial sustainability of New South Wales (NSW) councils. The report identifies a number of problems in relation to local government rating practice and recommends that the NSW Government consider replacing the present rate-pegging regime, changing the base from which council rates are levied for high-density unit complexes and reducing the number of exemptions and concessions currently available. At the heart of the recommendations is an empirically untested contention that the current system of council rates in NSW is inherently inequitable in terms of both inter-municipal equity and capacity to pay. We begin our assessment of the ILGRP claims by reviewing the theoretical foundations of council property taxes. We then provide a synoptic account of NSW municipal rating before empirically assessing equity under the current arrangements. Finally, we propose a set of public policy responses which address the equity problems identified in our analysis.

      PubDate: Thu, 2 Nov 2017 11:47:42 GMT
       
  • Volume 30 Issue 4 - Gender impact analysis and the taxation of retirement
           savings in Australia
    • Abstract: Austen, Siobhan; Sharp, Rhonda; Hodgson, Helen
      Gender impact analysis of the tax transfer system makes gender issues in policies and budgets visible and enables their complexities to be revealed. By doing so, it facilitates the development of more equitable and efficient alternatives. This article provides a gender impact analysis of Australia's taxation and expenditure arrangements for superannuation and the age pension. By including both paid and unpaid work in the analysis, it identifies a number of critical features of the tax and transfer system that foster gender inequality. The article concludes that the gender impacts of the current policy on retirement savings and income should be addressed through a range of policy and budgetary changes. In particular, it advocates re-balancing the resourcing of superannuation tax concessions and the age pension, improving the rate of the age pension and removing the existing barriers to women's workforce participation that have been created by the income tax/family benefit system, including high childcare costs.

      PubDate: Thu, 2 Nov 2017 11:47:42 GMT
       
  • Volume 30 Issue 4 - The defective jigsaw
    • Abstract: Cooper, Graeme S
      A number of highly visible projects have been undertaken in Australia since the early 1990s in an endeavour to simplify the income tax. Most of the focus has been on linguistic measures - changing the words used in drafting tax statutes, the way that text is presented to readers and the degree of precision with which rules are expressed. This article focuses on a different and neglected source of confusion - the way individual regimes within the tax legislation interact. Drafting experiments do not, and cannot, address this source of confusion, but it remains as great a source of difficulty as the form in which text is prepared and presented. This article analyses and classifies common instances of the problem, explores how they arise and examines the kinds of complexity that results. The article argues that new projects focusing on structural design can accomplish much, perhaps even more, than past projects focusing on language.

      PubDate: Thu, 2 Nov 2017 11:47:42 GMT
       
  • Volume 30 Issue 4 - 100 years of the minimum wage and the Australian tax
           and transfer system: What has happened, what have we learnt and what are
           the challenges'
    • Abstract: Bray, JRob
      The Australian minimum wage, as with Commonwealth income tax, had its origin in the early decades of federation. This article reviews the development of these, along with government transfers, to find whether, in the lessons of the past 100 years, there may be insights into the challenges for the income tax system in the next century. Over the last century, the role of the minimum wage has changed. Most significant has been its transition from a family wage to a wage for a single person. While the income tax system has at times played a role in seeking to achieve horizontal equity, this has increasingly been achieved through transfer payments. The history of these changes highlights the extent to which features of systems can become locked-in, the long time scales associated with achieving reform, the risks of losing achievements through inertia, and the need for, but difficulty in achieving, coordination across the tax and transfer system, and with wages.

      PubDate: Thu, 2 Nov 2017 11:47:42 GMT
       
  • Volume 30 Issue 4 - The central role of a well-designed income tax in "the
           modern economy"
    • Abstract: Apps, Patricia
      Two of the most fundamental changes in the Australian economy since the middle of the 20th century have been the dramatic fall in fertility and the rise in female labour force participation. Over the same period, the progressivity of the income tax has declined significantly, despite rising inequality, and the individual as the tax unit has been replaced by a system of "quasi-joint" taxation for families, creating high effective tax rates for partnered mothers as second earners. In this article, we draw on household survey data to show that this direction of reform has been counterproductive, with strong negative effects on female labour supply and saving and, in turn, on productivity and the tax base. The analysis highlights the efficiency merits of a well-designed, individual-based income tax over consumption taxation in "the modern economy".

      PubDate: Thu, 2 Nov 2017 11:47:42 GMT
       
  • Volume 30 Issue 4 - Corporate income tax: What is it good for'
    • Abstract: Bowler-Smith, Mark
      This article attempts a top-down analysis of what corporate income tax is capable of achieving in terms of the public good. It considers how well the current configuration of the tax fares when weighed against the principles of equity, efficiency and simplicity. These principles, if carefully defined, provide an invaluable opportunity to think about the theoretical and practical limitations of any individual tax. Applying these principles to the corporate income tax results in the inescapable conclusion that it cannot be described as being an equitable, efficient or simple tax. However, given the need for incremental reform of our tax laws, the corporate income tax does have at least one saving grace: it can be a useful instrument of social and economic policy.

      PubDate: Thu, 2 Nov 2017 11:47:42 GMT
       
  • Volume 30 Issue 4 - Index
    • PubDate: Thu, 2 Nov 2017 11:47:42 GMT
       
  • Volume 30 Issue 4 - Looking forward at 100 years: Where next for the
           income tax'
    • Abstract: Stewart, Miranda
      In 2015, Australia's Commonwealth income tax reached its first century. The Income Tax Assessment Act No. 34 of 1915 and accompanying Income Tax Act No. 41 of 1915 were assented to on 13 September 1915, enacted "by the King's Most Excellent Majesty, the Senate, and the House of Representatives of the Commonwealth of Australia" and effective for the fiscal year commencing 1 July 1915.

      PubDate: Thu, 2 Nov 2017 11:47:42 GMT
       
  • Volume 30 Issue 4 - Australian state income taxation: A historical
           perspective
    • Abstract: Smith, Julie P
      Contrasting with social insurance taxes and the key revenue raising role of VAT for northern European welfare states, Australia's income tax has funded expansion of Australia's social security system. The uniform income tax plan of 1942 unified Australia's system of income taxes, and was central to funding the introduction of Australia's unique social security system, establishing national child endowment, unemployment benefits and the widows' pension in 1944.

      This article will describe the increasing reliance of Australian states on income taxation during the period 1915 to 1942, and the constraints arising from the increasing mobility of taxpayers and post-Federation economic integration; show how these states' income tax policies responded to the economic shocks of the Depression which depleted the states' revenues contemporaneously with increasing demands on governments to provide social protection; and identify how the concepts, design and administration of state income taxes were embedded in Australia's national tax and social security systems established between 1942 and 1944.

      The design of Australia's unified income tax system was not based on a clean slate, nor was it simply an expedient response to wartime revenue or macroeconomic management needs. In this article, it is shown to be based on an income tax template derived closely from Australian state income taxes during the interwar period, reconfigured by the economic shocks of the Depression years, and glued together by federal/state finance institutions and agreements which redistributed national revenues to less affluent jurisdictions. Income tax unification addressed the key barriers to funding adequate social protection that had confronted states during the Depression.

      PubDate: Thu, 2 Nov 2017 11:47:42 GMT
       
  • Volume 30 Issue 4 - The devil is in the detail: The distributional
           consequences of personal income tax sharing in the Australian federation
    • Abstract: Eccleston, Richard; Warren, Neil
      The March 2014 Report of the National Commission of Audit and the Commonwealth's tax reform and federalism discussion papers published in the first half of 2015 provided some early insights into the Coalition Government's agenda for reforming the national tax system and fiscal federalism. One proposal with potential to facilitate state tax reform and potential to partly address the vertical fiscal imbalance in the Australian federation is to encourage states and territories to introduce personal income tax levies or surcharges on the same tax base as the federal income tax. Granting states access to the personal income tax base could address a number of widely recognised policy problems. A modest state personal income levy could be used to replace inefficient state level transaction taxes, improving efficiency and equity within the national tax system. A more ambitious option would be for the Commonwealth to cut the federal income tax, creating the tax space for the states to use the federal income tax base to raise a significant portion of revenue. However, if such a levy is based on taxpayers' state of residence (which is required to create inter - jurisdictional competition), then, based on the experience of other federations such as the United States and Canada, per capita revenue will vary considerably from state to state. This article outlines these policy design issues before using ATO income tax data to present an analysis of how revenues from different state income tax levies and surcharges would be distributed across the Australian federation and what issues this raises for the introduction of a state income tax in Australia.

      PubDate: Thu, 2 Nov 2017 11:47:42 GMT
       
  • Volume 30 Issue 4 - Taxing personal capital gains in Australia: An
           alternative way forward
    • Abstract: Evans, Chris; Minas, John; Lim, Youngdeok
      This article proposes the abolition of the 50% capital gains tax (CGT) discount for personal taxpayers and its replacement with a non-cumulative annual tax-free threshold for the taxation of capital gains. This reform, it is argued, would considerably enhance the equity, efficiency and simplicity of the Australian CGT regime, as well as providing a positive revenue outcome for the Treasury.

      PubDate: Thu, 2 Nov 2017 11:47:42 GMT
       
  • Volume 30 Issue 1 - The abandoned education cap policy: Public
           participation in tax reform consultation
    • Abstract: O'Keefe, Patricia; Smith, Bernadette; Shimeld, Sonia; Minas, John
      This article examines public participation in tax reform in Australia using an analysis of the publically available submissions made in response to the Treasury discussion paper, "Reform to deductions for education expenses". The discussion paper was released by Treasury in May 2013 in relation to the $2,000 cap for education expense deductions. The introduction of the proposed reform was subsequently deferred and then abandoned by succeeding governments, but not before an unprecedented campaign was launched by a collective alliance of taxpayers and their representative organisations. This study uses regulation theories to frame the examination of the public response to the discussion paper and the explicit issues raised by interest groups in their formal submissions. More specifically, the research question considers: how do the Australian public participate in the tax consultation process' We also consider the appropriateness of the questions included in the discussion paper and the consultation process more broadly Findings indicate support for private interest theory and also highlight a lack of transparency and feedback in this Treasury consultation.

      PubDate: Thu, 2 Nov 2017 11:47:42 GMT
       
  • Volume 30 Issue 1 - Will cars go green in the ACT': A case study of
           the reformed vehicle stamp duty
    • Abstract: Mortimore, Anna
      In the year to December 2013, emissions from Australia's transport sector increased by 53.5% compared to 1990 levels. The domestic transport sector now accounts for over 70% of liquid fuels consumed in this country, with passenger vehicles being the largest source of emission in this sector. Currently, the Australian Government has no fiscal instruments for mandatory fuel efficiency or carbon emission targets to reduce road transport emissions. Part 1 of the two-part series provided ex-post evidence that reforming vehicle purchase taxes/stamp duty differentiated on the basis of CO2 emissions was an effective measure to significantly reduce road transport emissions. In 2009, the Council of Australian Governments (COAG) recommended that vehicles purchase taxes be reformed on the basis of new vehicles' "environmental performance", and proposed the Australian Capital Territory's (ACT's) vehicle purchase tax/stamp duty as one model for this approach. However, the 2010 Henry Report rejected COAG's recommendation. This article revisits the COAG's recommendations and provides an analysis for Australia's policy makers on whether the tax design and price signal of ACT's vehicle purchase tax provides a model to be adopted by the rest of Australia, or whether an alternative instrument is recommended. The literature review suggests that to achieve significant reductions in average CO2 emissions from new light vehicles will depend on the choice of tax design, a strong up front price signa4 level of tax differential, public acceptance, and the interaction of other complementary tax policy measures. The article will assist policy makers in designing tax policy measures for the proposed Energy White Paper in 2015. In turn, this proposal will meet the objectives outlined in the Issues Paper that is, to encourage a behavioural change in buyers that could lead to their choosing fuel - efficient, low - carbon emitting new vehicles, as well as to help address the barriers and challenges to reforming vehicle purchase taxes/stamp duty.

      PubDate: Thu, 2 Nov 2017 11:47:42 GMT
       
  • Volume 30 Issue 1 - Applying the Delphi method as a research technique in
           tax law and policy
    • Abstract: Guglyuvatyy, Evgeny; Stoianoff, Natalie P
      This article examines the Delphi method as a tool for legal research that can be used to facilitate transparent and informative policy-making in a variety of fields including tax policy. It points to strengths and limitations of the technique based on the findings of the Delphi study conducted to assist in the assessment of fiscal and more general market-based instruments (referred to in this article as carbon pricing instruments) that could be used to tackle climate change in Australia. Whether the Delphi method is utilised in empirical or theoretical legal research or in legal and policy decision-making, this article demonstrates the strength of the technique in providing transparent and justified results, which in turn reinforces the utility of the method as a legal research and/or decision-making tool.

      PubDate: Thu, 2 Nov 2017 11:47:42 GMT
       
  • Volume 30 Issue 1 - The costs of compliance and associated benefits for
           small and medium enterprises in New Zealand: Some recent findings
    • Abstract: Gupta, Ranjana; Sawyer, Adrian
      This study reports the results of an investigation of the tax compliance cost burden for New Zealand small and medium enterprises (SMEs). It is one part of a larger international project (across five countries), which is evaluating and comparing tax compliance costs affecting SMEs. This study differentiates tax compliance activities from core accounting activities in order to identify the managerial benefits of tax compliance. It also investigates whether various New Zealand SME tax concessions are perceived to be achieving their objective of relieving the tax compliance burden for SMEs.

      PubDate: Thu, 2 Nov 2017 11:47:42 GMT
       
  • Volume 30 Issue 1 - Not so guaranteed: Superannuation guarantee and
           Australian small businesses
    • Abstract: Freudenberg, Brett; Sargent, Scott
      When Australia's compulsory superannuation system was introduced in 1992, the name given to it, the superannuation guarantee, suggested that the payment of contributions by employers would be "guaranteed". Reporting on compliance with superannuation guarantee by small-to-medium enterprises (SMEs), however, paints a vastly different picture - especially for small businesses. Also, the pseudo status of some small businesses as "contractors" (as opposed to employees) of larger businesses may be undermining their potential own entitlement to superannuation guarantee. Such non-compliance draws into question how certain the superannuation guarantee system is for employees of these enterprises, and thereby undermining this important pillar of Australia's retirement system. Non-compliance by the SME sector is of concern given that it accounts for nearly 50% of private employment in Australia and performs important sub-contracting roles. This article will examine data on the compliance by small business employers with their superannuation guarantee obligations that indicate this is far from the case. The article will examine the reasons behind non-compliance by small business employers and the related issue of non-recovery of outstanding entitlements by the Australian Taxation Office.

      PubDate: Thu, 2 Nov 2017 11:47:42 GMT
       
  • Volume 30 Issue 1 - Has the Charities Act 2013 changed the common law
           concept of charitable "public benefit" and, if so, how'
    • Abstract: Martin, Fiona
      In 2013, the Charities Act 2013 (Cth) was enacted and it came into effect on 1 January 2014. This is the first time that there has been an enactment of a statutory definition of the legal concept of "charity" in Australia. The definition is important for many areas of personal and commercial life, however one of the most significant, at least from a legal point of view, is how this definition operates in the context of Australian taxation law. This is particularly relevant in view of the fact that charities are exempt from income tax and subject to many other tax concessions at federal, state and local government level. Under Australian common law, a charitable entity was required to have a charitable purpose and be of benefit to the public. This article introduces the statutory definition and how it confirms the common law definition of charity and charitable purpose in certain instances, but also amends and expands these concepts. This discussion is provided as a context for the analysis of how the issue of public benefit has been dealt with under the statute. The article concludes with an analysis of how the Act has amended the application of the public benefit test to recipients of payments in respect of native title and traditional Indigenous lands.

      PubDate: Thu, 2 Nov 2017 11:47:42 GMT
       
  • Volume 30 Issue 1 - Australia's industry innovation and competitiveness
           agenda and the proposed new rules for taxing benefits under employee share
           schemes
    • Abstract: Barkoczy, Stephen
      Australia's rules for taxing benefits under employee share schemes in Div 83A of the Income Tax Assessment Act 1997 have been subject to much criticism, particularly by start-up companies and the venture capital industry. The Government under its new Industry Innovation and Competitiveness Agenda proposes to reform the rules for taxing such benefits from 1 July 2015. This article examines how the current rules in Div 83A operate and analyses how the Government's proposed reforms are intended to change the way in which benefits under ESSs will be taxed. The article compares the policy rationale that underpins both the current and proposed regimes and focuses on how the current and proposed rules affect start-up companies.

      PubDate: Thu, 2 Nov 2017 11:47:42 GMT
       
  • Volume 30 Issue 2 - Understanding clients' ties to a tax practitioner: The
           mediating influence of trust and service satisfaction
    • Abstract: Gupta, Ranjana
      Research increasingly points to the intangible, ambiguous, global and technical nature of tax practitioner services and the importance of the relationship of the tax practitioner with clients. This article examines how a client's trust of the tax practitioner and satisfaction with their services influences the client's commitment to this service relationship. To determine how trust and service satisfaction affects the relationship between interaction behaviour factors and client relationship commitment, a total of 211 responses from clients of various accounting and law firms in New Zealand were analysed.

      The data is analysed using the Hayes PROCESS macro for SPSS. The findings suggest a client's trust of their tax practitioner and satisfaction with their services are instrumental to commitment to the client relationship. In addition, the findings reveal that client relationship commitment significantly reduces when a tax practitioner gives an honest opinion to clients about any ambiguous or grey areas of tax laws involved, and explains implications of tax laws and regulations regarding their tax affairs.

      The study suggests that effective development of the skills of tax practitioners that builds their clients' confidence about effectiveness of the working papers could improve the overall client relationship and promote a tax compliance culture.

      PubDate: Thu, 2 Nov 2017 11:47:42 GMT
       
  • Volume 30 Issue 2 - Thin capitalisation rules: A second-best solution to
           the cross-border debt bias'
    • Abstract: Kayis-Kumar, Ann
      One of the most significant trends in the evolution of global tax systems has been the rise from relative obscurity of thin capitalisation rules, which are perceived as anti-avoidance rules which limit tax base erosion from cross-border interest deductions. However, over the same timeframe, innovations to financial instruments have challenged the traditional financial and legal distinctions between debt and equity, which in the cross-border setting has exposed the prevalence of economic inefficiencies in the design of the international tax system.

      This article approaches the issue of thin capitalisation from a novel perspective by conceptualising the cross-border debt bias as the "disease" and thin capitalisation as merely the "symptom". Despite their prevalence, it is unclear whether thin capitalisation rules: (1) attain tax neutrality (specifically, do these rules mitigate the debt bias); and (2) are effective in both theory and practice.

      PubDate: Thu, 2 Nov 2017 11:47:42 GMT
       
  • Volume 30 Issue 2 - Does a more transparent international tax environment
           provide the same outcomes as transfer pricing would but in a less
           arbitrary way'
    • Abstract: Wang, Jingyi
      Effective tax planning involving transfer pricing is made possible due to discrepancies between the tax regimes offered by different countries. The mobility of intangible assets and the significant profits yielded by exploitation of intangibles make tax planning using transfer pricing of intangibles the most controversial and thorny issue in international taxation. The double Irish Dutch sandwich structure is used to illustrate how differences between different tax regimes are exploited, allowing multinationals to minimise their tax bills.

      PubDate: Thu, 2 Nov 2017 11:47:42 GMT
       
  • Volume 30 Issue 2 - Is integration of income taxation possible in the
           EU'
    • Abstract: Niazi, Shafi U Khan; Krever, Richard
      In contrast to the VAT regime, income taxation in the European Union (EU) remains almost fully non-harmonised. A number of factors suggest the possibility that harmonisation of direct taxes in the EU may not be as far-fetched as many believe. The first is the compulsion of mounting economic and financial stresses that may limit tax competition inhibiting harmonisation. The second is growing appreciation of the fact that unfettered judicial intervention in tax policy by the Court of Justice of the EU without the benefit of legislative guidance is no longer sustainable. The third is the effect of the abolition in the Lisbon Treaty of an EU direction to Member States to act independently of the EU to address the problem of double taxation. The Lisbon Treaty amendments to the European governing treaties may in due course unfold in such a way that the EU has wide powers to act in the income tax field based on its responsibility for protecting the single market. And finally, the adoption in EU law of explicit processes for Member States to adopt harmonised rules in the medium term rather than wait indefinitely to achieve unanimity may open the door to greater EU income tax harmonisation in the long run.

      PubDate: Thu, 2 Nov 2017 11:47:42 GMT
       
  • Volume 30 Issue 2 - Dividend reinvestment plans: A tax-based incentive
           under the Australian imputation tax system
    • Abstract: Abraham, Mathew; Dempsey, Mike; Marsden, Alastair
      An innovative feature of the Australian tax code is the provision of "imputation tax credits" that reduce the effective tax paid by Australian investors on dividends received from Australian firms. The feature is generally regarded as providing a tax incentive for corporations or firms subject to Australian corporate tax to distribute available cash to investors rather than seeking to retain the firm's profits. More recently in Australia, dividend reinvestment plans (DRPs) have been increasingly utilised by firms that allow investors to have their cash dividends automatically reinvested in new shares issued by the firm. Such plans offer firms an alternative source of equity capital to either retention- or stock-financed equity capital. This article demonstrates the link between the tax liabilities of investors and the propensity of firms to avail themselves of a DRP innovation. We argue that the increasing use of DRPs in the Australian equity market subsequent to the introduction of the imputation tax system can be explained by tax-saving efficiencies that allow the firm the opportunity to lower its cost of financial capital. From a policy perspective, this will act to stimulate overall investment.

      PubDate: Thu, 2 Nov 2017 11:47:42 GMT
       
  • Volume 30 Issue 2 - Pattern of distributions test for discretionary
           trusts: Defects reveal questionable policy design and implementation
    • Abstract: Boccabella, Dale
      The pattern of distributions test (PODT) is a qualifying rule for revenue loss usage by discretionary trusts (non-fixed trusts) that are not a family trust. The PODT has received little attention from tax commentators. This article is related to an earlier article. The earlier article outlined the technical deficiencies in the PODT and concluded that the PODT is largely ineffective, or at least severely compromised, as a loss-access qualifying criterion for discretionary trusts. This article focuses on the policy challenges in designing an effective continuity of ownership type test for discretionary trusts, which is what the PODT is. This article concludes that while there are considerable challenges in designing an effective loss-access qualifying criterion for discretionary trusts, the current PODT falls far short of a credible loss-access qualifying rule.

      PubDate: Thu, 2 Nov 2017 11:47:42 GMT
       
  • Volume 30 Issue 2 - Structural tax reform: What should be brought to the
           table'
    • Abstract: Edmonds, Richard
      This article canvasses what features of our current tax system should be brought to the table for consideration in the development of policies directed to structural tax reform. It does so against a background of political infection of the tax system over the last five years; the historical and current tax mix; the influence of global competitiveness on the corporate tax system; the confined income tax base for individuals including the current bias in favour of capital gains; and the base limitations of the GST vis-a-vis geographically close comparable jurisdictions. While the author puts forward his own views, he acknowledges the need for comprehensive discussion and understanding with a view to achieving some semblance of consensus. The author's conclusion is that the reform required must implement a broader base upon which our income tax can operate and so facilitate a reduction in marginal rates to provide an equitable foundation to broaden the base of the GST.

      PubDate: Thu, 2 Nov 2017 11:47:42 GMT
       
  • Volume 29 Issue 1 - Why the tax compliance costs of large companies in
           Indonesia are low compared to other countries: empirical evidence
    • Abstract: Susila, Budi; Pope, Jeff
      This article argues that the magnitude of tax compliance costs in one country compared with those in other countries does not necessarily reflect the relative complexity of the tax system. Specifically, the low compliance costs for large corporate taxpayers in Indonesia compared with those in both developed and developing countries do not imply that the tax system in Indonesia is less complex than that in those countries. Rather, it is the relative size of the companies and the low wage rates in Indonesia that influence the tax compliance costs more than the complexity of the tax system itself. The difficulties in making international comparisons of tax systems are fully recognised.

      PubDate: Thu, 2 Nov 2017 11:47:42 GMT
       
  • Volume 29 Issue 1 - A uniform land tax in Australia: What is the potential
           for this to be a reality post the "Henry Tax Review"'
    • Abstract: McLaren, John
      Land tax was one of the main issues examined by Dr Ken Henry in his review on "Australia's Future Tax System" and the review recommended its increased importance in raising revenue in Australia. The classical economists such as Smith, Ricardo and Mill recommended the imposition of a tax on land. Henry George also strongly advocated a tax on land instead of a tax on labour or capital. They also contended that such a tax was both efficient and equitable. This paper will examine the current position with land tax in Australia and the views of the early economists advocating the benefits of such a tax. The paper will then examine the recommendations contained in the Henry Tax Review and what would be required to reform this area of taxation law. The paper will also examine the initiative undertaken by the Australian Capital Territory (ACT) government in abolishing stamp duty on conveyances and imposing a land tax on all real property in the ACT. In conclusion the paper will contend that a reformed land tax is of critical importance for future governments and that it may not only raise considerable revenue but also result in reduced income tax rates for individuals and companies.

      PubDate: Thu, 2 Nov 2017 11:47:42 GMT
       
  • Volume 29 Issue 1 - Evaluation of corporate income tax compliance costs
           under the Malaysian self-assessment system
    • Abstract: Sapiei, Noor Sharoja; Kasipillai, Jeyapalan
      This paper presents the findings of the first study carried out in 2010 on the compliance costs of Malaysian corporate taxpayers under the self-assessment system (SAS) environment. We used a self-administered survey method on 473 large companies and received 98 usable responses, which represented a response rate of 20.7%. The mean compliance costs estimate of a company for the year of assessment 2009 is MYR47,126 (AUD15,340), accounting for approximately 1% of sales turnover. The mean estimate from this study is 31.5% lower when compared to the findings of a similar Malaysian pre-SAS study. The components of compliance costs are segregated into internal and external costs (37% and 63%, respectively), and computational and planning costs (74% and 26%, respectively). The aggregated total compliance costs are almost MYR32 million, representing 0.11% of corporate tax revenue and 0.01% of Malaysian gross domestic product (GDP). The magnitude of the corporate income tax (CIT) compliance costs estimate is low compared to similar estimates in other advanced and emerging economies, partly portraying a lower level of complexity in the Malaysian tax system. The costs of seeking tax incentive and psychological costs comprise approximately 7% and 18%, respectively, of the mean tax compliance costs incurred by large corporations. The normal regressivity of tax compliance costs, in relation to company size, is evident and corroborates the findings of existing studies on the unfair compliance costs burden imposed on smaller corporations. This study provides useful information to tax authorities and others concerned with establishing guidelines and tax policy pertaining to the compliance costs burden of taxpayers.

      PubDate: Thu, 2 Nov 2017 11:47:42 GMT
       
  • Volume 29 Issue 1 - Personal taxpayer compliance costs: Recent evidence
           from Australia
    • Abstract: Tran-Nam, Binh; Evans, Chris; Lignier, Phil
      This article reports on the tax compliance burden of Australian personal (non-business) taxpayers in the 2011-12 tax year. A survey of just over 4,000 individuals was conducted in late 2012 and average tax compliance costs were derived from the data and combined with macro-statistics to generate aggregate personal taxpayer compliance costs. The study demonstrates that personal taxpayer compliance costs have grown by about 73 per cent since 1995 and suggests that various technologically driven simplification initiatives undertaken by the government (such as e-tax and pre-filled income tax returns) have not been sufficient to slow down this growth in personal tax compliance costs.

      PubDate: Thu, 2 Nov 2017 11:47:42 GMT
       
  • Volume 29 Issue 1 - Estimating the compliance costs of Australia's carbon
           pricing scheme
    • Abstract: Pope, Jeff
      A questionnaire postal survey of 351 Australian emitting entities was undertaken in April/May 2013, sent to each entity's Chief Financial Officer, with 27 usable responses. The main finding is that Australia's carbon pricing scheme in 2012-13 imposed overall (indicative) mean tax compliance costs of (around) $456,000, composed of start-up costs of $402,000 (88 per cent) and recurrent costs of $54,000 (12 per cent). The tax compliance costs of Australian carbon pricing, including in terms of pertinent factors (such as per liable emitting site, tax paid and hypothetical 'compensation') and basic entity characteristics (such as legal entity, location and size), are analysed and discussed. Expressed on a per liable emitting site basis and subject to certain caveats, the Australian estimates of the compliance costs of carbon pricing are broadly comparable to those in Germany, the only country for which comparable data is available. A comparison of the main findings of this research in terms of previous tax compliance costs studies worldwide is undertaken. This article should be seen as an initial step towards a better understanding of carbon pricing compliance costs that have been neglected by governments and researchers worldwide to date.

      PubDate: Thu, 2 Nov 2017 11:47:42 GMT
       
  • Volume 29 Issue 1 - Towards a holistic analysis of personal income tax
           reliefs and their reform
    • Abstract: Warren, Neil
      The combination of the need for new revenue sources and the simplification of the tax system has seen all personal income tax relief mechanisms, and not just deductions, come under increased scrutiny. However, what constitutes a relief is in practice complex because similar benefits can be delivered through a multitude of different approaches. This paper highlights that a holistic approach to the successful reform of tax relief arrangements has three important requirements. Firstly, the need for a clear understanding of how different mechanisms are utilised to deliver equivalent tax relief outcomes; secondly, the availability of a taxonomic framework capable of enabling different tax relief systems to be assessed; and thirdly, a framework for presenting (and communicating) the impact of reliefs (and any reforms) simply and transparently. Having developed such an approach, the paper applies it to a review of tax relief reforms proposed and implemented in Australia, NZ, UK and US over the past two years. It is contended that in all cases the reform process would have benefited from directly addressing the three requirements outlined in this paper as crucial precursors to any move to reform tax reliefs.

      PubDate: Thu, 2 Nov 2017 11:47:42 GMT
       
  • Volume 29 Issue 2 - Reforming vehicle taxes on new car purchases can
           reduce road transport emissions - ex post evidence
    • Abstract: Mortimore, Anna
      Australia is falling behind the international trend towards low carbon transport to reduce greenhouse gas (GHG) emissions. For instance, in 2012 the Australian Government forecasts that road transport emissions will continue to increase to 2020 and then slow to 2030 because of higher oil prices and the introduction of mandatory CO2 emissions standards. The forecast assumes vehicle efficiencies of petrol and diesel engines will improve, and there will be a gradual shift to alternative technologies. However, in 2007 the European Union found that while advances in vehicle technology had delivered most of the carbon reductions, these advances were offset by new cars that had become significantly more powerful, larger, and heavier. This is the case in Australia. The paper shows how Australia can accelerate the uptake of low carbon technology through reforming existing vehicle taxes into an environmental related tax. The reform will require basing the tax on CO2 emissions from previously being based on the vehicles technical characteristics such as cylinder capacity, engine size and fuel type. The literature supports the reform of vehicle taxes into an environmental tax, which was found to be a powerful instrument in influencing the purchase decisions of consumers. Specifically, the paper examines the literature and reviews the ex post evidence on the successful reform of vehicles taxes. In the case study of Ireland, it was found that the reformed vehicle taxes based on CO2 emissions provided a strong price signal, and consumer response was greater than anticipated. As a result, Ireland's ambitious targets in reducing its GHG emissions were met. The paper provides evidence to Australia's policy makers, consultants and car manufacturers that reforming existing vehicle taxes into an environmental related tax is an effective measure in transitioning Australia into a low carbon transport and reducing road transport emissions.

      PubDate: Thu, 2 Nov 2017 11:47:42 GMT
       
  • Volume 29 Issue 2 - The taxation of mining payments to traditional owners:
           An unfair blunt tool'
    • Abstract: Cassidy, Julie
      An aspect of taxation law that receives little attention is the taxation of payments made by mining companies to Indigenous owners in return for the exploration and mining rights to their traditional lands. The current position in Australia is far from clear. Ultimately, this is because Australian taxation law concepts are entirely foreign and unsuitable in the context of communally held inalienable Aboriginal/Native title. Moreover, it is contended that Australian taxation law does not promote justice and reconciliation but rather in this context operates as a blunt tool. To tax Indigenous communities as a result of acts that negatively impact on their traditional ownership is incongruous. On 18 May 2010 the Government announced the commencement of a national consultation on the tax treatment of Native title. The then Assistant Treasurer, Senator Nick Sherry recognised the need for "greater clarity and increased certainty for native title holders on how the tax system and native title interact." The then Attorney General, Robert McClelland, noted the need to "improve the management of benefits obtained through native title agreements and ensuring those agreements provide sustainable benefits for current and future communities." This coincided with the release by the government of Native Title, Indigenous Economic Development and Tax, to guide the national consultation. The outcome of the consultation process was the Tax Laws Amendment (2012 Measures No 6) Act 2013 (Cth) which renders certain payments to, or for the benefit of, Indigenous persons exempt from income tax. This paper critically evaluates the new provisions. It suggests that while the legislation may at first glance appear simple its focus is too narrow and its implementation will be complex. It ultimately concludes that while this is a positive step forward, the proposal does not go far enough. It considers an alternative model, an Indigenous Community/Economic Development Corporation ('IEDC'), that would more effectively ensure all Aboriginal/Native title payments to, or for the benefit of, Indigenous persons are exempt from income tax. This is appropriate given the history of uncompensated extinguishment of Aboriginal title in Australia. The law should promote the ability of Indigenous communities to optimise the financial benefits stemming from Aboriginal/Native title agreements.

      PubDate: Thu, 2 Nov 2017 11:47:42 GMT
       
 
 
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