Taxation

7 important questions on Taxation

What institution has exclusive right to tax their citizens?

State/national government

How does the national government tax its citizens?

  • Power of tax: dependant on the relationship between citizen to the state + relation of the state to person as a citizen

  • National principle: The government benefits the citizen and his/her property wherever it is located

Explain who and what can be taxed

  • The income of individuals
  • Profits of companies
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Name + explain the 3 types of income sources

  1. Property located within the country
  2. Any trade/ profession
  3. Employment carried on in the country

Name + explain 3 forms of relief for double taxation

  1. Exemption system: Income is taxed in 1 state and exempted in another
  2. Credit system: Tax paid in 1 state may be used as credits for tax due in another state
  3. Deduction system: Tax payed in 1 state may be deducted as an expense from tax due in another state ( Based on net profit of subsidiary)

Explain how  permanent establishment affects double taxation

Permanent establishment (OECD & UN model treaties) is a fixed place of business trough which a non-resident (parent) carries on any commercial activity wholly/ party
Includes:
  • Branch offices, factorises + workshops
  • Mines, oil and gas well quarries and other places for extracting natural resources
  • Building sites, construction projects and assembly projects that last for more than 12 months

Explain force-of attraction rule

Because a firm (parent) has a permeant establishment within  HOST STATE, that host state may tax all of the firms incomes from business done on its territory whether earned by he permanent establishment or not.

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