RESTRAINING HARMFUL TAX COMPETITION: AN ANALYSIS OF AMERICAN CFC LEGISLATION
Capital and labor mobility facilitates cross-border activities of enterprises. In the era of globalization the optimal choice of investment location gives enterprises an opportunity to profit maximization. As a result the governments competing for foreign direct investment offer to enterprises preferential tax treatment. In order to minimize the loss of tax revenue countries imposing high effective tax rates on enterprises implement diversified anti-tax-avoidance measures. One of these measures is controlled foreign corporation. The article examines the application of the controlled foreign corporation rules in the United States of America to combat harmful tax competition. It has to be underlined, that the American controlled foreign corporation legislation was a prototype for other countries that use this institution to prevent tax avoidance. The aim of this article is to review the controlled foreign corporation legislation in the USA, analyze the structure of CFCs and the structure of their subpart F income in this country and evaluate the efficiency of this anti-tax-avoidance measure. The author describes inter alia, implications of harmful tax competition and the CFC rules. As the provisions of controlled foreign corporation are also planned to be introduced in Poland, the American legislation might be a good example of its successful implementation.
International Commercial Tax: Table of treaties
1. Fundamentals and sources of international tax law 2. The jurisdiction to tax 3. Source country taxation 4. Residence country taxation 5. The limited scope of treaties 6. Changes of source and residence 7. Bilateral administrative issues.
Tax Reform in the 21st Century
Tax Reform in the 21 st Century Alan J. Auerbach * University of California, Berkeley, and NBER May 6, 2006 Currently Visiting Professor of Law, New York University. This paper was prepared for a conference, “Is it Time for Fundamental Tax Reform?” held at the James A. Baker III Institute at Rice University, April 2006.