Tax Havens as Producers of Corporate Law

Tax Havens as Producers of Corporate Law

Author: William J. Moon

Publisher:

Published: 2018

Total Pages: 21

ISBN-13:

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This Review Essay situates Christopher Bruner's new book, Re-imagining Offshore Finance, within the literature examining the regulation of cross-border finance and highlights its import for thinking about the complicated (and contested) relationship between territorially-configured domestic laws and the increasingly liberal movement of capital. Part I sets out the book's central thesis. In addition to highlighting Bruner's novel framework identifying the factors that propel certain small jurisdictions into becoming magnets for cross-border finance, I outline the limits of the framework in accounting for the stability in the overall demand for the commercialization of sovereignty, only one of which is facilitating international tax evasion. Part II examines the rise of offshore financial havens as they relate to the territorially-configured domestic rules -- a subject that has yet to attract the attention that it deserves. While the rise of offshore financial havens has been viewed as typifying the continued dominance of territorial sovereignty, I show that it is private choice and juridical rules that have been privileged over strictly territorial conceptions of the law. I use recent developments in corporate law and bankruptcy law to show that domestic laws governing certain financial transactions are already ceding to privately-curated juridical rules, albeit not without resistance.


Tax Havens for International Business

Tax Havens for International Business

Author: Adam Starchild

Publisher: Springer

Published: 2016-07-27

Total Pages: 158

ISBN-13: 1349133426

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Tax Havens for International Business is a special management report that shows how the establishment of a tax haven operation, in any of many locations worldwide, can save more money than any internal tax-shelter programme. This volume provides a comprehensive, step-by-step plan that simplifies the myriad complexities surrounding the formation and incorporation of branch offices and subsidiary companies within such tax havens as the Bahamas, Bermuda, the Cayman Islands, Greece, Hong Kong, Luxembourg, Malta, The Netherlands, Panama, Puerto Rico, and Switzerland. In addition, it presents detailed information on each tax haven's economic, legal, political, cultural and geographical aspects, which must be considered if such an enterprise is to operate successfully.


Tax Planning with Holding Companies - Repatriation of US Profits from Europe

Tax Planning with Holding Companies - Repatriation of US Profits from Europe

Author: Rolf Eicke

Publisher: Kluwer Law International B.V.

Published: 2009-01-01

Total Pages: 526

ISBN-13: 9041127941

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The book deals with tax planning with holding companies located in Europe, Asia of the Caribbean. It analyses the problem of repatriating U.S. profits from Europe, going far beyond the routing of income via different companies. Instead, the approach includes an analysis of the interdependencies between international tax competition, holding company regimes, and tax planning concepts in order to establish a basis for tax planning measures regardless of the fast changing legal environment for holding companies in the different countries.


Offshore Company Law

Offshore Company Law

Author: E. Edward Siemens

Publisher:

Published: 2009

Total Pages: 0

ISBN-13: 9782970060253

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This finely crafted and handsomely bound book will be a handy source of information for those working in both the onshore and offshore world, and who truly need to understand the differences between jurisdictions competing in the provision of offshore companies. Through coverage of the specifics in each country - including corporate legislation, as well as issues relevant to stakeholders, taxation, and related matters - author E. Edward Siemens provides an up-to-date book of real importance to the users of offshore companies and their advisers. All too often, offshore companies are formed with very little thought about the pros and cons of different jurisdictions and, in particular, what may turn out to be very important differences in the duties and liabilities of directors. A number of legal and tax issues are also forgotten as advisors reach for the fastest and cheapest solution to the needs of their clients. Siemens addresses many of these issues, providing a good reminder, to those using offshore companies, of the importance of a careful review in advance which can minimize a costly and unhappy end to the use of offshore companies. Siemens also provides a good overview of the different forms of companies that are available, which can be of extreme importance in determining the right type and location of offshore company to be established. His analysis includes protected cell companies, companies limited by guarantee, as well as hybrid entities. The important area of corporate governance is reviewed, together with issues relevant to the question of directors' liability - and directors' and officers' liability insurance. This detailed study examines 20 offshore jurisdictions including: the Bahamas, Belize, Bermuda, the British Virgin Islands, the Cayman Islands, Guernsey, Jersey, the Isle of Man, Gibraltar, the Cook Islands, Samoa, Vanuatu, Mauritius, Seychelles, Panama, Switzerland, Dubai, Labuan, Delaware, and Hong Kong.


Tax Havens and International Human Rights

Tax Havens and International Human Rights

Author: Paul Beckett

Publisher: Routledge

Published: 2017-10-02

Total Pages: 346

ISBN-13: 1317210921

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This book sails in uncharted waters. It takes a human rights-based approach to tax havens, and is a detailed analysis of structures and the laws that generate and support these. It makes plain the unscrupulous or merely indifferent ways in which, using tax havens, businesses and individuals systematically undermine and for all practical purposes eliminate access to remedies under international human rights law. It exposes as abusive of human rights a complex structural web of trusts, companies, partnerships, foundations, nominees and fiduciaries; secrecy, immunity and smoke screens. It also lays bare the cynical manipulation by tax havens of traditional legal forms and conventions, and the creation of entities so bizarre and chimeric that they defy classification. Yet from the perspective of the tax havens themselves, these are entirely legitimate; the product of duly enacted domestic laws. This book is not a work of investigative journalism in the style of the Pulitzer Prize-winning authors of The Panama Papers, exposing political or financial corruption, money laundering or the financing of terrorism. All those elements are present of course, but the focus is on international human rights and how tax havens do not merely facilitate but actively connive at their breach. The tax havens are compromising the international human rights legal continuum.


Legal Off Shore Tax Havens

Legal Off Shore Tax Havens

Author: Jesse Albert Schmitt

Publisher: Atlantic Publishing Company

Published: 2008

Total Pages: 290

ISBN-13: 160138257X

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An ever increasing number of Americans are convinced that our country is no longer the land of safety or opportunity when it comes to their money and investments. These people recommend transferring your money to offshore tax havens in such countries as Dubai, Hong Kong, Switzerland, Liechtenstein, and Panama. In fact, it has recently been estimated that nearly 60 percent of the world s money is located in offshore accounts. Legal Off Shore Tax Havens will show you how to protect your money and remain legal while doing so. Off shore tax havens are sovereign nations that have laws in place that protect people s financial privacy, assets, and cash. In this new, exhaustively researched book, you will find out how to take advantage of this system. You will learn how the system works, how to develop business opportunities, how to avoid excessive taxation and regulation, how to bank and invest off shore, how to find the tax haven that is right for you, and how to avoid scams. In addition, you will learn about the safest, most private nations, the best off shore banks and tax havens, what is and what is not legal, the best haven for your specific purposes, mistakes to avoid, legal issues, and basic off shore entities. You will also learn how sophisticated tax avoiders use countries such as Ireland, Austria, and the Netherlands to avoid suspicion; how to use residential tax havens, including Argentina and Costa Rica; and how to use Greece, the Phillipines, and Jordan as completely tax-free havens. Legal Off Shore Tax Havens will provide you with the strategies, knowledge, and contacts you need to avoid expensive mistakes and make the most of your offshore pursuits. This book is for those who are weary of paying high taxes and who are suspicious of the government. Whether you are seeking to move your business s money or your own personal finance, this book will provide you with all the necessary information to make a smooth, legal transition. Atlantic Publishing is a small, independent publishing company based in Ocala, Florida. Founded over twenty years ago in the company presidentâe(tm)s garage, Atlantic Publishing has grown to become a renowned resource for non-fiction books. Today, over 450 titles are in print covering subjects such as small business, healthy living, management, finance, careers, and real estate. Atlantic Publishing prides itself on producing award winning, high-quality manuals that give readers up-to-date, pertinent information, real-world examples, and case studies with expert advice. Every book has resources, contact information, and web sites of the products or companies discussed.


The Taxation of Multinational Corporations

The Taxation of Multinational Corporations

Author: Joel Slemrod

Publisher: Springer Science & Business Media

Published: 2012-12-06

Total Pages: 158

ISBN-13: 9400918186

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The six papers in this vohune represent state-of-the-art empirical and conceptual research on various aspects of the taxation of multinational corporations. They were commissioned for and presented at a conference organized by Price Waterhouse LLP on behalf of the International Tax Policy Forum, held in Washington, DC in March, 1994. The ftrst four papers were originally published in the May, 1995 issue of International Tax and Public Finance. The Slemrod paper appeared in the Policy Watch Section of the November, 1995 issue of that journal. The foregoing papers were subject to the normal refereeing procedures of the journal, and the summaries that follow are drawn from there. The Leamer paper has not been previously published. Altshuler and Mintz examine one aspect of the 1986 u. s. Tax Reform Act --the change in the rules for the allocation of interest expense between domestic-(U. S. ) and foreign-source income. In the absence of rules, a parent with excess credits could reduce U. S. tax liability by allocating interest expense toward itself; thus reducing its taxable domestic income without any compensating increase in either the U. S. tax due on foreign-source income or the foreign tax due (which is independent of U. S. rules).


Unintended Consequences

Unintended Consequences

Author: David S. Miller

Publisher:

Published: 2011

Total Pages: 0

ISBN-13:

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The Internal Revenue Code is riddled with features that allow U.S. taxpayers to reduce their federal tax liability by operating through tax haven companies. Some of these provisions are historic anomalies. Others are better understood as inadvertent loopholes than considered legislative grace. Some incentives are indeed intentional. The paper catalogues the many ways that U.S. federal and state tax law encourages taxpayers to operate through foreign tax haven companies to reduce their tax liabilities, and attempts to explain the history and policy underlying the rules. The paper then offers a number of suggestions to eliminate the inadvertent incentives that encourage U.S. taxpayers to form foreign corporations and operate through them solely for tax purposes.


Tax Havens

Tax Havens

Author: Ronen Palan

Publisher: Cornell University Press

Published: 2013-04-15

Total Pages: 281

ISBN-13: 0801468558

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From the Cayman Islands and the Isle of Man to the Principality of Liechtenstein and the state of Delaware, tax havens offer lower tax rates, less stringent regulations and enforcement, and promises of strict secrecy to individuals and corporations alike. In recent years government regulators, hoping to remedy economic crisis by diverting capital from hidden channels back into taxable view, have undertaken sustained and serious efforts to force tax havens into compliance.In Tax Havens, Ronen Palan, Richard Murphy, and Christian Chavagneux provide an up-to-date evaluation of the role and function of tax havens in the global financial system—their history, inner workings, impact, extent, and enforcement. They make clear that while, individually, tax havens may appear insignificant, together they have a major impact on the global economy. Holding up to $13 trillion of personal wealth—the equivalent of the annual U.S. Gross National Product—and serving as the legal home of two million corporate entities and half of all international lending banks, tax havens also skew the distribution of globalization's costs and benefits to the detriment of developing economies.The first comprehensive account of these entities, this book challenges much of the conventional wisdom about tax havens. The authors reveal that, rather than operating at the margins of the world economy, tax havens are integral to it. More than simple conduits for tax avoidance and evasion, tax havens actually belong to the broad world of finance, to the business of managing the monetary resources of individuals, organizations, and countries. They have become among the most powerful instruments of globalization, one of the principal causes of global financial instability, and one of the large political issues of our times.