Tax Authority Advice and the Public

Tax Authority Advice and the Public
Author: Stephen Daly
Publisher: Bloomsbury Publishing
Total Pages: 265
Release: 2020-04-02
Genre: Law
ISBN: 1509930558

There is now almost universal acceptance that tax law is overly complex and indeterminate; and yet, there has to date been no comprehensive assessment of the role of the tax authority in the current arrangement. If the legislation and case law offer few immediate answers to the taxpayer, then the role of Her Majesty's Revenue & Customs (HMRC) in advising taxpayers becomes more apparent. This monograph contends that the provision of advice by HMRC is desirable by virtue of the rule of law and it follows that any such advice should be correct, clear, accessible and reliable. Additionally, there should exist some means of scrutinising the advice in order to check that it satisfies these criteria. Tax Authority Advice and the Public explores this view of HMRC's role in tax collection. It explains the deficiencies in the current system in this light, highlighting the pitfalls for taxpayers and practitioners as well as the potential remedies. Finally, the book assesses potential reforms which could be adopted in order to alleviate existing problems. A timely and ambitious work, this book is essential reading for practitioners and academics interested in the interaction between tax administration and public law.

Tax Authority Advice and the Public

Tax Authority Advice and the Public
Author: Stephen Daly
Publisher: Bloomsbury Publishing
Total Pages: 240
Release: 2020-04-02
Genre: Law
ISBN: 150993054X

There is now almost universal acceptance that tax law is overly complex and indeterminate; and yet, there has to date been no comprehensive assessment of the role of the tax authority in the current arrangement. If the legislation and case law offer few immediate answers to the taxpayer, then the role of Her Majesty's Revenue & Customs (HMRC) in advising taxpayers becomes more apparent. This monograph contends that the provision of advice by HMRC is desirable by virtue of the rule of law and it follows that any such advice should be correct, clear, accessible and reliable. Additionally, there should exist some means of scrutinising the advice in order to check that it satisfies these criteria. Tax Authority Advice and the Public explores this view of HMRC's role in tax collection. It explains the deficiencies in the current system in this light, highlighting the pitfalls for taxpayers and practitioners as well as the potential remedies. Finally, the book assesses potential reforms which could be adopted in order to alleviate existing problems. A timely and ambitious work, this book is essential reading for practitioners and academics interested in the interaction between tax administration and public law.

Practical Guide to Federal Tax Practice Standards

Practical Guide to Federal Tax Practice Standards
Author: Kip Dellinger
Publisher: C C H Incorporated
Total Pages: 326
Release: 2006
Genre: Business & Economics
ISBN: 9780808016304

The structure of tax practice consists of regulated and unregulated individuals and firms. This book describes how to process tax return.

The Delicate Balance

The Delicate Balance
Author: Chris Evans
Publisher:
Total Pages: 368
Release: 2011
Genre: LAW
ISBN: 9789087221164

"The complexity of tax law, like the complexity of the commercial world to which it applies, often seems to increase in an exponential fashion, placing ever more pressure on taxpayers, tax advisers and tax administrators. The problems are compounded many times by the inevitable shift of tax administration towards self-assessment models in which taxpayers have primary responsibility for correctly reporting information to the tax authority and face penalties for incorrect or incomplete reporting. This, in turn, requires taxpayers to rely increasingly on advice by tax authorities and, as a consequence, requires tax authorities to articulate their view of the law publicly. In some cases, where relevant statutory authority, case law precedents (where used) or interpretation doctrines are clear, this process is purely one of interpretation. In other cases, the basis for interpretation is less certain and the interpretation function leaves more room for discretion by the tax authority. Finally, in other cases, the legislature may delegate discretionary powers to the tax administration which effectively result in the authorities having a power to make law. This delegation may be bestowed expressly or implicitly, the latter by ignoring cases where the tax administration fills in gaps in the legislation using its own views. Such instances of discretionary law making powers arising explicitly or implicitly sit beside regimes that explicitly delegate to the executive the power to make law in selected areas by way of regulation. The extension of discretionary powers to make law to the executive, and in particular the tax administration, raises important questions about the delicate balance between the need to provide the executive and administration with sufficient room to apply the law and the need to maintain the principle of the rule of law that it is the elected legislature, and not the executive or tax administration, that establishes tax burdens. The chapters in this volume explore that delicate balance. These chapters derive from a project sponsored by the Oxford University Centre for Business Taxation (OUCBT) together with the Department of Business Law and Taxation at Monash University and the Australian School of Taxation and Business Law, University of New South Wales."--Preface.

Introducing an Advance Tax Ruling (ATR) Regime

Introducing an Advance Tax Ruling (ATR) Regime
Author: Mr.Christophe Waerzeggers
Publisher: International Monetary Fund
Total Pages: 14
Release: 2016-05-31
Genre: Business & Economics
ISBN: 1484375041

Advance tax rulings are a common feature of mature tax systems. The tax systems of the United States, the United Kingdom, the Netherlands, Germany, Australia, and South Africa all have established ruling practices. Taxpayers can obtain an advance tax ruling in nearly all OECD member countries. Increasingly, many non-OECD countries are also offering advance tax rulings. An advance tax ruling regime seeks to promote clarity and consistency regarding the application of the tax law for both taxpayers and the tax authority. However, there are also inherent risks associated with the proliferation of granting confidential advance tax rulings which are not published or otherwise reported. This Tax Law IMF Technical Note focuses on designing an advance tax ruling regime in the nature of private tax rulings.

Federal Tax Research

Federal Tax Research
Author: Joni Larson
Publisher:
Total Pages: 412
Release: 2007
Genre: Law
ISBN:

This book addresses the various forums in which the researcher may be immersed, from the legislative history of a statute to determining how to ask the government for documents not yet made available to the public. Along the way, the authors discuss the various types of tax-related court opinions, government documents, and law review and journal articles. Considerable attention is given to both the authoritative weight of each document and how it can be found. Research in the international tax area, a complex and dynamic area of tax, is discussed in great detail. Finally, the authors provide strategies for organizing the information into a written document, whether it is a response to an information document request or a brief to be filed in Tax Court. Throughout the pages of Federal Tax Research, examples of real-life situations, practice notes, research tips, and snippets of actual court opinions add breadth and life to the technical information. These illustrations of the practical application of the rules allow the researcher to become a more effective researcher, bridging the gap between research and the practice of law.

Bridging the Tax Gap

Bridging the Tax Gap
Author: Max Sawicky
Publisher:
Total Pages: 160
Release: 2005
Genre: Business & Economics
ISBN:

Offering thorough understanding of the crisis facing federal tax administration and suggesting practical approach to solving issues that have arisen.