The case had nothing to do with taxes but rather with changes in a state probate law, but the outcome was still the decision that ex post facto laws affecting solely civil matters meet constitutional muster under Article I section 10. Subsequent rulings have reaffirmed this position of the Court and made it clear that retroactive taxation would be considered constitutionally permissible despite other objections.
Specifically, in nited States v Carlton (1994) the Court determined that such retroactive tax laws do not necessarily violate the Fifth Amendment right to due process so long as there is legitimate process involved in its enactment, according to a concurring opinion written by Justice Scalia, with the majority opinion (of the unanimous vote upholding the retroactive tax in this case) creating an even broader guideline of being "rationally related to a legitimate legislative purpose."
This essentially renders and retroactive taxation, which will necessarily result from the…...
mlaUS Constitution, Article I, sec. 10. Accessed via Cornell University Law Library 21 April 2010. http://topics.law.cornell.edu/constitution/articlei
Calder v Bull 3 U.S. 386 (1798). Accessed via FindLaw 21 April 2010. http://caselaw.lp.findlaw.com/scripts/getcase.pl?navby=CASE&court=U.S.&vol=3&page=386
United States v Carlton 512 U.S. 26 (1994). Accessed via Cornell University Law Library 21 April 2010. http://www.law.cornell.edu/supct/html/92-1941.ZC1.html
A tax professional would not face jail time for committing a crime if he or she is not informed of the client's deceit. They may however, have to endure years of auditing to ensure this does not happen again, resulting in a need for charging excessive fees to compensate for time lost during auditing. This is damaging to the tax professional and the person (s) filing their taxes.
As Calhoun, Oliverio, & Wolizer (1999) note, attention to the moral and ethical standards established in the U.S. regarding taxes pressures citizen, organizations and tax professionals to engage in "ethical behavior mounting" to discourage frivolous time and penalties associated with incorrect filings (p.1). The CPAs role, according to Copeland (2005) is to "regain the trust and respect" of citizen and government of auditing professionals, a respect most attorneys and accountants used to have (p. 35). The tax preparer may also inform the…...
mlaReferences
Calhoun, C.H., Oliverio, M.E., & Wolitzer, P, (1999) Ethics and the CPA; Building trust and value-added services, New York: Wiley.
Copeland, J.E. JR, (2005), Ethics as an imperative, Accounting Horizons, 19(1): 35.
Dreifus, C. (1995, July), Present Shock, the New York Times Magazine, p. 48.
Tax Law
Tax Law Letter
Mr. And Mrs. Bob and Anna Diamond
I would like to start by thanking you for entrusting me with guiding you as you plan this next phase of your financial growth. Tax considerations are an important part of ensuring your financial independence and security at any time, and after retirement they can become some of the most significant factors and forces of change in a family's financial position. It is wonderful that you are pursuing your various options in such a considered and careful manner, and I am more than happy to help you in this process of growth and change in your lives.
It is my understanding that you are considering several different property purchases and other methods for generating income through the renting of properties you do or will own. Specifically, you are exploring the possibilities of letting out rooms in the house that you currently occupy, during…...
Tax Law
Oil and Gas is currently at the core of ussia's economy, even though there has been talk at the head of the ussian federation of intentions to attempt to move the economy from one which is based solely in these natural resources, to one which is based on rapidly evolving technology. Of course it will be at least a decade before movements and developments in this fashion are able to unfold with real significance. However, given the strong presence and foundation of the oil and gas sector in ussia's economy, it is natural that the bulk of the regulatory law is founded around these pillars.
Excise Tax
Excise taxes in ussia refer to taxes which need to be paid out on certain goods in ussia, such as raw and refined alcohol, alcoholic drinks which are stronger than 1.5% by volume, cars and motorcycles with engines that have horsepower greater than…...
mlaReferences
Cfe-eutax.org. (2013). Excise duties in Russia. Retrieved from cfe-eutax.org: http://www.cfe-eutax.org/taxation/excise-duties/russia
Deloitte.com. (2012). Tax and Legal Guide. Retrieved from Deloitte.com: http://www.deloitte.com/assets/Dcom-Russia/Local%20Assets/Documents/Energy%20and%20Resources/dttl_Guide-to-the-Russian-Oil-Gas-Sector_03092012.pdf
EY.com. (2011). Doing Business in the Russian Federation. Retrieved from EY.com: http://www.ey.com/Publication/vwLUAssets/Doing-business-in-the-Russian-Federation-2011/$FILE/Doing-business-in-the-Russian-Federation-2011.pdf
GFC. (2010). Reducing Carbon Emissions Through Transport Taxation. Retrieved from greenfiscalcommission.org.uk: http://www.greenfiscalcommission.org.uk/images/uploads/gfcBriefing6_PDF_ISBN_v7.pdf
Q1. Why is a budget important for a nonprofit institution?
Even if an institution is a charitable nonprofit, it must still adhere to a budget. Nonprofits must be accountable to donors and shareholders for the ways in which they spend their funds. Additionally, although nonprofits are not run for the purpose of making a profit, this does not mean that they can be spendthrift and sink into insolvency. Like all institutions, they must make do with scarce resources and budget them accordingly. In fact, given that nonprofits often are short of funds if donations and other sources of funds are scarce, budgeting may be even more essential.
Nonprofits also employ workers who expect to be paid. Workers do not all work for charities out of the goodness of their hearts, and professional employees are almost always necessary for a nonprofit to be effective. Nonprofits are not necessarily barred from making a profit…...
If the decision is made to remain affiliated with the taxpayer, the member should ensure that the error is neither repeated nor perpetuated.
Conclusion
The rules and regulations implemented for tax service providers and other officials working with taxpayer clients are established in order to ensure the stability and ethical values of the position. Taxpayers are very important, as they uphold the economics and financial health of their community and their country. In this regard, it is the obligation of the tax service official to respect both the system and the client by upholding a high level of ethics.
In turn, the taxpayer should assist the preparer in the mission to provide accurate information that is free of errors. In the case of errors, it is important to emphasize that the system does provide for human error. If either the tax preparer or the taxpayer can be shown not to be in…...
Tax Deductions: Are Unpaid Loans Tax Deductible?
John loaned his friend Jack $1,000. Jack did not repay the debt and left town. John wants to know if he can claim any tax deduction, and, if so, what is the character of the deduction? However, to answer John's question, one must first find out more information about the nature of the loan. This is critical because there are two broad types of loans and debts: business loans and personal loans. Furthermore, under the correct circumstances, it is possible for people to take tax deductions for certain types of business loans and personal loans. Knowing whether John made Jack a loan from his personal money or from his business money is the crucial first step in determining which, if any, Internal evenue Service (IS) regulations or tax laws will permit John to deduct the unpaid debt.
If John is a business owner and made…...
mlaReferences
Bailey, A.C. (2014). Unpaid personal loans can reduce your tax bill. Retrieved April 12, 2014
from MyTaxHQ website: http://mytaxhq.com/unpaid-personal-loans-can-reduce-your-tax-bill/
Fishman, S. (2013, June 7). Bad loans to friends and family may be tax deductible. Retrieved April 11, 2014 from Inman News website: http://www.inman.com/2013/06/07/bad-loans-to-friends-and-family-may-be-tax-deductible/
Internal Revenue Service. (2013, December 12). Topic 453- Bad debt deduction. Retrieved April 12, 2014 from IRS website: http://www.irs.gov/taxtopics/tc453.html
tax system of one country with that of another is an exercise fraught with dificulties and ultimately doomed to failure . tax system will never be much more than a reflection of strongly national cultures and forces. discuss this statement in the light of your knowledge of comparative tax system in developing and/or developed countries i
Tax Systems
The following pages focus on analyzing the factors of influence on different countries' taxation systems. The paper begins with an introductory section that allows readers understand the point-of-view used in this paper. The following section refers to describing the taxes pand taxation systems used by most countries and their objectives, in order to understand the similarities and differences between these taxation systems. The paper continues with the analysis of several factors that influence countries' tax system design, like cultural factors, technological developments, and natural resources. In order to exemplify this, the taxation systems…...
mlaReference list:
1. Pasekova, M. et al. (2011). Comparative Analysis of Tax Systems: Some Evidence from CEE Countries. World Academy of Science, Engineering, and Technology. Retrieved February 27, 2012.
2. Greenhouse, S. (2011). Tiny Tax on Financial Trades Gains Advocates. The New York Times. Retrieved February 28, 2012 from http://www.nytimes.com/2011/12/07/business/global/micro-tax-on-financial-trades-gains-advocates.html?_r=1&pagewanted=all .
3. Ross, M. (2004). Does Taxation lead to Representation? Cambridge University Press. Retrieved February 28, 2012.
4. Seto, T. (2008). Four Core Principles of Tax Design System: Introduced and Applied to the Taxation of Multinationals. Loyola Law School. Retrieved February 28, 2012.
..individuals are taxed in their total annual income minus their net new additions to savings, which equals annual consumption (eiler).
Both forms of consumption tax are not without their troubles and for the most part there is no consensus on the benefits of either alternative. Overall, the quest to reform the current system of taxation rages on. It will be very difficult to reform the current progressive tax system of because it is so steeped in bureaucracy and tradition.
Conclusion
The purpose of this discussion was to examine the progressive income tax. e found that the this tax system operates by taxing a certain percentage of individual income excluding certain deductibles. The investigation detailed the history of progressive taxation and clearly defines progressive taxation. The investigation revealed that the implementation of such taxation was controversial since its inception which came as a result of an amendment to the constitution. In addition, the research…...
mlaWorks Cited
Boyd T. 2002. Guide to the Tax Act of 2001: The Economic Growth and Tax Relief Reconciliation Act of 2001. Review of Business. Volume: 23. Issue: 1. Page Number: 33+.
Creedy J., Gemmell N. 2002. The Revenue Responsiveness of Consumption Taxes. Contributors: - author. Journal Title: Economic Record. Volume: 78. Issue: 241. Page Number: 186+.
Fougere M.., Ruggeri Giuseppe C. 1998. Flat Taxes and Distributional Justice. Review of Social Economy. Volume: 56. Issue: 3. Page Number: 277+.
Fratantuono Michael J. The Great Tax Wars: Lincoln to Wilson -- the Fierce Battles over Money and Power That Transformed the Nation. Contributors: - author. Journal Title: Parameters. Volume: 33. Issue: 4. Publication Year: 2003. Page Number: 168+.
Tax Planning -- Employer (II of II)
Tax Planning - Employer
The marketplace that businesses operate in has become more and more globalized and international in nature, not to mention extremely competitive. This particular report will focus on the employer and their tax implications when it comes to operating and/or headquartering in one or more countries around the world. The prior report focused on the employee. While the implications for the employee are complicated and diverse enough, they become even more complicated when speaking of the employer, and for a number of reasons.
Considerations
Just as there were a number of considerations relevant to the employee and their tax treatment, there are a number of tax considerations that USCo will need to consider for themselves and they are as follows:
The actual headquarters location (nation, state/province and county/city)
The actual locations outside of that home country (or state and city) for USCo.
The country or countries from…...
mlaReferences
Bachmann, H. (2009, August 20). Can Swiss Banks Thrive After the UBS-U.S. Deal?
Retrieved December 3, 2014, from http://content.time.com/time/business/article/0,8599,1917648,00.html
Canada. (2014, December 3). Income Tax Act (R.S.C., 1985, c. 1 (5th Supp.)).
Retrieved December 3, 2014, from http://laws.justice.gc.ca/eng/acts/I-3.3/
Taxes
Tax laws affect taxpayers because they create the taxpayer and govern all aspects of the taxpayer's obligation to the state. Without tax law, there would be no taxpayer; it is the tax laws that create the obligation to pay taxes, and the punishments for non-payment. Tax laws establish who pays taxes, at what rate they pay taxes, the punishments for late or non-payment, and the establish the tax collection body (IRS) and grant that body the authority to run the tax system. Taxation is one of the major ways in which the state can influence behavior in a democratic country. States have long reserved the right to taxation, and the exclusivity of this right has been a feature of government for centuries. Today, there are usually specific rules regarding what layer of government can levy taxes for what purpose. Taxes have different names, too, including excise taxes, income taxes, capital…...
Tax Advise
Table of Contents (optional)
Louise is aged 50 and single. Since 1994 she has carried on a retail business as a sole trader. Her trading profits as adjusted for tax purposes and after capital allowances, for the year ended 30th April 2009 were $150,000.
The business is carried out from a number of valuable retail outlets, all of which are owned by Louise personally. These units have been acquired over a number of years since 1994 and their market values have increased considerably in recent years.
Apart from her single personal allowance tax credit, Louise is entitled to income tax relief in respect of $10,000, which she pays annually to a evenue approved pension scheme.
Louise's personal living expenses and other financial commitments total $50,000 per annum (including the contribution of $10,000 to the evenue approved pension scheme referred to above).
Louise is considering transferring her business to a limited company and has asked…...
mlaReferences
Maertin, James CPA. U.S. Tax Preparation Worldwide. [
http://www.jamesdance.com/deductions.htm %5D
"HM Revenue and Customs: About Us." Hmrc.gov.uk. Crown Copyright. 2005-04-18.http://www.hmrc.gov.uk/menus/aboutmenu.htm
Tax Memo
Tax esearch Memorandum
Lauren Smith
From: Tax Accountant, CPA
You incurred $15,000 of educational expenses over the past year in pursuit of your MBA, part of your professional development as a practicing egistered Nurse and nursing administrator. Your employer does not offer an educational expense reimbursement program, and you wish to claim these educational expenses as business expenses in order to claim greater tax deductions. You have worked in numerous administrative positions in your capacity as a nurse, and feel that the pursuit of an MBA was a clear part of your career development.
The only issue is whether or not the education you received at the expense of $15,000 can be deemed work-related education as defined and applied by the IS, which recognizes such expenses as business expenses for employees. If the education can be deemed work-related according to IS rules and definitions, the deduction of the educational expenses as a business…...
mlaReferences
IRS. (2011). Tax Benefits for Work-Related Education. Accessed 25 March 2012.
http://www.irs.gov/publications/p17/ch27.html#en_US_2011_publink1000173988
Tax Court. (2009). T.C. Summary Opinion 2009-182. Accessed 25 March 2012.
http://www.ustaxcourt.gov/InOpHistoric/singleton-clarke.sum.WPD.pdf
Laws elating to Different Businesses
Laws elated to Different Businesses
Entrepreneurship is the hallmark of the U.S. economy and more people are starting their own ventures today than ever before. While starting a business, one of the most overlooked aspect is the laws and legal requirements. A good amount of time and effort should be spent on understanding and implementing these related laws because they will make the operations and expansion easy in the future.
Federal, State and Local Agencies
The exact agencies and laws that govern your business depend upon its nature. Starting a pizza business comes with permits and licenses from different health agencies. The local health department of your city or county is responsible for issuing a permit, requesting an inspection or filing a complaint. Your business also needs a business license or tax permit from the city or county revenue department (SBA, 2011). For a web design business also, you…...
mlaReferences
Frank, George. (2002, April 22-23). Key Licensing Issues and Trends for the Pharmaceutical and Biotech Industries. Conference on Biotechnology and Pharmaceuticals. Retrieved from: http://docs.google.com/viewer?a=v&q=cache:XRVTXoabka8J:www.drinkerbiddle.com/files/Publication/4f485da1-8d61-4255-b8bf-66ed67ed1455/Presentation/PublicationAttachment/1d83db93-089b-42de-89c4-9a0d71e0b809/Frank_Biotech.pdf+biotech+companies+permits&hl=en&gl=us&pid=bl&srcid=ADGEEShzymQTXBq9DrOHEgDrxdEllLh1EuRTGyMuuoaJ2MY88w-MS2Hfp1ptzO7d1Zdq0g_IORTkr61rg2Ys4n3dJwlAKN72a4ENcofXITT53ZwX-LxWjwspDD2BysdX5mYOpZSLJrTi&sig=AHIEtbQmggcJf3q55hJM95Tr8nV_P3tsAA
SBA. (2011). Small Business Administration. Retrieved from: www.sba.gov
Roth, Mollie. (2007). Personalized Medicine: Using effective partnering for managing the risk of legal liability. Personalized Medicine. Vol 4(3). pp 329-339.
Paralegal Specialties
International law: Paralegals in this field may work for government agencies that deal with international trade or multinational firms. Expertise in foreign languages is preferred.
Corporate law: Paralegals in this field assist "with employee contracts, shareholder agreements, stock-option plans, and employee benefit plans. They also may help prepare and file annual financial reports, maintain corporate minutes' record resolutions, and prepare forms to secure loans for the corporation" (Paralegals, 2009, BLS).
Criminal law: In criminal law practice, paralegals are often given the task of identifying "appropriate laws, judicial decisions, legal articles, and other materials that are relevant to assigned cases" (Paralegals, 2009, BLS). They may depose witnesses, keep track of evidence, or more generally monitor the progress of cases through the criminal justice system.
Litigation: Litigation paralegals "analyze legal material for internal use, maintain reference files, conduct research for attorneys, and collect and analyze evidence for agency hearings. They may prepare informative or…...
mlaReferences
Bevans. (2009). Tort law for paralegals. New York: Aspen
Paralegals. (2011). Bureau of Labor Statistics (BLS). Retrieved February 24, 2011 at http://www.bls.gov/oco/ocos114.htm
Understanding the law on e-commerce is crucial for businesses operating online. Here are a few reasons why it is important:
1. Compliance with regulations: E-commerce laws are in place to protect consumers and ensure fair business practices. By understanding and following these regulations, businesses can avoid legal issues and penalties.
2. Protection of personal data: Being aware of laws governing the collection and handling of personal data is essential for safeguarding customer information. Compliance with data protection laws is crucial to maintaining trust and credibility with customers.
3. Intellectual property rights: E-commerce businesses must understand laws related to trademarks, copyrights, and patents to....
Investment management Risk Analysis Of Infosys
Infosys is a multinational corporation that provides business consulting, information technology, and outsourcing services. As an investment option, Infosys has been a popular choice for investors looking to diversify their portfolios and potentially benefit from the growing demand for technology solutions in the marketplace. However, like any investment, Infosys carries its own set of risks that must be carefully analyzed and managed.
One of the key risks associated with investing in Infosys is the volatility of the stock price. As a publicly traded company, Infosys' stock price is subject to fluctuations based on market conditions, interest....
Key Findings from Literature Review on Risk Analysis of Infosys Investments
1. Geopolitical and Economic Risks
Infosys faces geopolitical risks associated with its global operations, particularly in politically unstable regions.
Economic downturns and currency fluctuations can impact its revenue and profitability.
2. Competition and Market Risks
Intense competition from both domestic and international IT service providers poses a threat to Infosys's market share.
Emergence of new technologies and disruptive business models can disrupt its traditional offerings.
3. Operational Risks
System failures, data breaches, and project delays can lead to reputational damage and financial losses.
Dependence on a narrow range of clients and industries....
1. Cultural differences: Managing a team of employees from different countries and cultures can be challenging due to potential misunderstandings, conflicts, and communication barriers.
2. Time zone differences: Coordinating meetings, projects, and communication can be difficult when employees are located in different time zones, leading to delays and inefficiencies.
3. Legal and compliance issues: Companies must navigate the complex legal requirements and regulations of each country where their employees are based, including tax laws, employment regulations, and data protection laws.
4. Language barriers: Language differences can create communication challenges and misunderstandings, affecting collaboration and productivity among international teams.
5. Employee engagement and motivation: Keeping....
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