Can Tax Authorities Scrutinise the Ideas of Foreign Charities? The ECJ's Persche Judgment and Lessons from US Tax Law
The European Court of Justice's (ECJ's) recent Persche judgment poses important questions about the relationship between taxation of gifts and charitable purposes in the light of EC law requirements. This article argues that by applying its established case-law to the matter of donors to foreign recipient bodies, the ECJ takes a position on the social role of both charities and tax deduction. Moreover, the position of the ECJ clearly paves the way for tax authorities to check the objectives and the values pursued by recipient bodies seeking tax-preferred status, a situation that recalls a similar power recognised under specific circumstances of the US Internal Revenue Services. Arguably, the ECJ case-law has more profound consequences on charitable action, since it seems that the power accorded to tax authorities of the Member States to check the purposes of charitable organisations leads to a cosmopolitan apprehension of charitable action while it pushes charities to enhance transparency in their activities.
Prohibition of abuse of (Community) law: The creation of a new general principle of EC law through tax
The Court of Justice has been alluding to abuse and abusive practices in its rulings for more than thirty years.For a long time however the significance of these references was unclear. Not many commentators delved into this issue, and the few that did doubted whether the references by the Court to abuse amounted to the development of a general Community principle of abuse of law. This state of affairs has changed radically within the last few years, largely due to jurisprudential developments within the field of tax. This paper analyses the evolution of the Court’s case law on abuse, from the first cases on free movement of services, to the latest rulings on taxation. It then considers whether the case law developed by the Court, on what has been designated as “prohibition of abuse of law”, does indeed amount to a new general principle of Community law.
Application of the Kano Model for a Better Understanding of Customer Requirements in Higher Education—A Pilot Study
Various pieces of information and knowledge turn into “know-how” simply by their application in the market. This applies to all spheres of activities. It is therefore important to know and understand the requirements of customers already in the stage of making a product, and to confront these with the possibilities of a producer. In this article we are exploring the possibilities of a better understanding of the requirements of customers and stakeholders in the process of the creation of products in educational services. In particular, we examined seven general requirements: practice orientation, ethical orientation, research orientation, quality resources, innovation orientation, skills orientation, and quality staff. We use the Kano model on a pilot sample of respondents at an institution of higher education. Our results showed that “practice orientation” and “quality resources” are the most stable requirements, while “quality staff” is the least stable. The most linear requirement (the same effect on satisfaction and dissatisfaction) is “innovation orientation”. “Research orientation” belongs to attractive requirements and we also found that in the case of “ethical orientation” there are weak relations between positive and negative responses in our survey. The “skills orientation” proved to be too general, and our research shows that it could be indifferent. It is therefore advisable to specify the investigated skills when investigating requirements on educational services. The main contribution based on the proposed research procedures is an effective linking of customers and producers already from the beginning of constructing a value chain. Investing in sophisticated management approaches when modelling products and processes can thus become a significant source of the competitive advantage of an educational institution. At the same time, it is a contribution to better placing of its graduates in the labor market.