Business income refers to any income usually realized for the execution or transaction of business activity. This indicates that business income is the aspect of earned income from the perspective of business transaction or activity. In order for the business income to apply to the aspect of the taxation system, it is essential to classify business income as ordinary income. Business income consists of business expenses, business losses, and business profits. It is the difference between revenues and expenses of the process of business transactions. This indicates that business income can be positive or negative within the financial year depending on the size of the expenses and revenues. Business income is received from the transactions or sales of products or services within the defined market.
Question Two
OECD model treaty defines a clear perspective in relation to the handling of the business income. This is through indicating that the income of an enterprise of a contracting state shall undergo taxation only in the state in context unless the entity executes business activities in the context of other contracting states with the establishment of permanent facilities therein. In the determination of the amount of tax, the authority shall offer an allowance in relation to the volume of financial resource in the integration of the permanent establishment in the contracting states. No business income shall undergo attribution of the permanent establishment because of the concept of purchasing the establishment of the goods or services of the business entity. The determination of the business income will be consistent annually with exception to good, vital, and sufficient reasons to avert the decision in relation to evaluation of the income (Gustafson & Pugh, 1993).
Question Three
In the international business transactions, business income may become subject to taxation by more than one jurisdiction. This is the aspect double or multiple international taxations. Countries across the globe focus on the minimization of this limitation in order to promote effective and efficient international trade. This is through integration of valuable treaties such as multilateral and bilateral treaties with the aim of reducing these barriers to the international trade. This treaties focus on the illustration of how taxation of the business income should occur between or among the contracting states thus the opportunity to promote international trade through minimization of the barriers and increase the volume of transactions. Bilateral treaties and multilateral contracts also contribute towards the reduction of the level of taxation on the business income with various contracting states in order to minimize the burden of taxation.
Question Four
In the determination of the 'source of income' by the courts, several factors guide the decision of the judges. One of the essential factors in the determination of the 'source of income' by the courts is the location of the item of income (Gustafson & Pugh, 1993). This focuses on illustration on where the income will fall within the context of the taxation system. This is essential for the development of the taxation laws with the aim of leveraging the taxes concerning the type of income. Another essential factor in the determination of the 'source of income' by the courts is the area or region in relation to the income. This indicates the determination of the 'source of income' while focusing on the permanent establishment of the products or merchandize of the entity in question. This is also essential in the determination of the taxable amounts and rates for the income under the influence of the courts.
Question Five
The United States determines its source of income on different grounds in relation to the item of income. In the determination of the salaries, wages, and relevant compensation, the United States applies the location for the performance of the services. In the determination of the source of the business income, personal services, sales of inventory (purchased and produced), the nation applies three factors: allocation, selling area, and performance location. In the determination of the source of interests, the nation evaluates the residence of the payer of the income. In the evaluation of the source of dividends, rents, loyalties, natural resources, and patent, the United States applies location of the item, nationality of the corporation, and location for implementation of the item. In the determination of the sale of real property, the guiding factor is the location of the property. Sale of personal property is determined by the seller's tax home (Scha-fer, 2006).
Question Six
In the determination of the source of income in...
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