Changing tax law in East and Southeast Asia towards the 21st century

목차 (Table of Contents)

• CONTENTS
• Editorial Board of The Public Law In East And Southeast Asia Series = ⅴ
• Contents = ⅶ
• Preface = xix
• SOME INTRODUCTORY REMARKS / T. Fuke = 1
• THE PERSPECTIVES FOR TAX LAW IN HONG KONG AFTER JULY 1, 1997 / Junhai Liu = 9
• 1. Introduction = 9
• 2. The main characteristics of current tax law in Hong Kong = 10
• 2.1 Few kinds of taxes = 10
• 2.2 Lower rate of direct tax and lighter burden of tax payers = 11
• 2.3 The source territory principle. = 12
• 2.4 No total income concept = 12
• 2.5 No with holding taxes = 12
• 2.6 Simplicity of legislation = 12
• 2.7 The base period for a year of tax assessment = 13
• 2.8 The separate treatment of the married women by the tax authority = 13
• 3. The sources of the tax law in Hong Kong after 1 July 1997 = 14
• 3.1 Legal basis for discussion = 14
• 3.2 The Basic Law of the Hong Kong Special Administrative Region = 14
• 3.3 The tax laws previously in force in Hong Kong = 15
• 3.3.1 The common law & rules of equity = 15
• 3.3.2 Ordinances = 15
• 3.3.3 Subordinate legislation = 16
• 3.3.4 Customary law = 17
• 3.4 Laws enacted by the Legislature of the Hong Kong Special Administrative Region = 17
• 3.5 International agreements = 18
• 3.6 Comment on the possibility of national tax laws as sources of the tax law in the HKSAR = 19
• 4. The guidelines for Tax Reform in the HKSAR = 19
• 4.1 Adam Smith's golden principles on taxation = 19
• 4.2 Adequate public revenue = 20
• 4.3 Efficiency = 21
• 4.4 Equity = 23
• 4.5 Effective administration = 24
• 5. Some theoretical discussion on certain aspects of the tax law in the HKSAR = 25
• 5.1 The future of profits tax = 25
• 5.2 The future of salaries tax = 27
• 5.3 The future of property tax = 29
• 5.4 Reform on the anti-avoidance legislation = 30
• 5.5 Tax appeals in the coming HKSAR = 32
• 5.6 The possibility of introducing the VAT system = 33
• 6. Conclusion = 33
• AN OVERVIEW OF THE CHINESE 1993 TAX REFORM AND ITS PERSPECTIVES / Yong Zhang = 35
• 1. Introduction = 35
• 2. The Chinese tax system before the 1993 reform = 37
• 2.1 The tax system under a planned economy = 37
• 2.2 The Fourteen-Year Tax System(1979-1993) = 38
• 2.2.1 The reform which changed profits to tax for stateowned enterprises and the development of a turnover tax = 38
• 2.2.2 The reform of the income tax system = 39
• 2.2.3 The problems of the Fourteen-Year Tax System = 40
• 3. The reform of the tax system since 1993 = 42
• 3.1 The principles behind the new reform of the tax system = 42
• 3.2 Turnover tax and its problems = 43
• 3.2.1 The content of the new turnover tax = 43
• 3.2.2 The problems of the new turnover tax = 44
• 3.3 The reform of income tax and its problems = 45
• 3.3.1 Internal enterprise income tax = 45
• 3.3.2 Income tax on foreign-invested enterprises and foreign enterprises = 46
• 3.3.3 Individual income tax = 46
• 3.4 The problems of income tax = 47
• 3.4.1 The division regulatory tax on investment in industrial property(the conduct and object tax) = 48
• 3.4.2 Land value added tax = 49
• 4. Tax sharing between central and local governments = 50
• 4.1 Intergovernmental fiscal relations before 1994 = 50
• 4.2 The defects of the intergovernmental fiscal system before 1993 = 52
• 4.3 The tax sharing system 53
• 4.4 Some practical problems = 54
• 4.5 Tax sharing and local autonomy = 56
• 5. The uniqueness of the current Chinese tax system = 57
• 5.1 Tax structure = 57
• 5.2 Present taxation legislation = 60
• 5.3 The drafting of the basic law on taxation = 60
• 5.4 Tax evasion and tax refusal = 61
• 5.5 Remedy systems = 63
• 6. Concluding remarks = 65
• THE REFORM OF THE TAX SYSTEM CONCERNING FOREIGN INVESTMENT IN CHINA / Zhensheng Yan = 73
• 1. Introduction = 73
• 2. The legislative principles and characteristics of the income tax laws related to foreign affairs = 74
• 3. A comparison between income tax law concerning enterprises with foreign investment and foreign enterprises and its origins = 77
• 3.1 Equitable taxation = 77
• 3.1.1 Four unification have been reached for the tax laws related with foreign affairs, making tax burden balanced between foreign-related enterprises = 77
• 3.1.2 Tax basis is rationally defined = 77
• 3.1.3 Tax credit makes tax burden internationally equitable = 78
• 3.2 Tax preferences differ from different regions and industries = 79
• 3.2.1 A reduced tax rate applicable in certain regions, industries and projects 79
• 3.2.2 Exemption and deduction of income tax in certain period of time applies in listed industries and projects = 80
• 3.2.3 Refund of the income tax already paid on the reinvested amount = 83
• 3.2.4 Other exemptions or reductions = 84
• 4. Influences of the new tax laws on foreign investment = 84
• 4.1 Effect on the forms of foreign investment = 84
• 4.2 Effect on the scale and duration of foreign investment = 85
• 4.3 Effect on the areas and fields of foreign investment = 86
• 5. Indirect taxes = 86
• 6. Shifting to resident treatment of the foreign investment policy = 87
• 6.1 Adjustment of industries = 87
• 6.2 shifting to resident treatment = 88
• 6.3 Policies concerning special economic zones will continue basically without change = 89
• CHINESE TAX POLICY AND PROBLEMS OF FAIRNESS IN TAXATION / Henk Vording = 91
• 1. Introduction = 91
• 2. Equitable distribution of tax burdens = 94
• 3. State revenues and tax policy = 98
• 4. Non-discrimination of taxpayers = 103
• 5. Fair tax administration = 107
• 6. Conclusions = 108
• TAX LAW IN KOREA / Tai Lee = 111
• 1. Economic and fiscal backgrounds = 111
• 2. Income taxation = 118
• 2.1 Individual income tax = 118
• 2.1.1 Basic structure = 118
• 2.1.2 Interest and dividends = 119
• 2.1.3 Wages and salaries = 120
• 2.2 Corporation tax = 120
• 2.2.1 Basic structure = 120
• 2.2.2 Special features = 121
• 2.2.3 Foreign taxes paid = 126
• 2.2.4 Taxation of foreign corporations = 127
• 2.2.5 The special corporate surtax = 130
• 2.2.6 Tax rates = 130
• 3. Inducement of foreign capital and technology = 131
• 4. New legislation on international taxation = 133
• 4.1 Transfer pricing = 133
• 4.2 Thin capitalization = 135
• 4.3 Tax haven = 135
• 4.4 Extra-territorial gift = 136
• 4.5 Mutual agreements = 136
• 5. Estate and gift taxes = 137
• 5.1 In general = 137
• 5.2 Estate tax = 138
• 5.2.1 Basic structure = 138
• 5.2.2 Exclusions = 138
• 5.3 Gift tax = 141
• 6. Value added tax and special consumption tax = 144
• 6.1 In general = 144
• 6.2 Basic structure of the value added tax = 144
• 7. Land-related taxes and assessments = 146
• 8. Local taxes = 149
• 8.1 Background of local autonomy = 149
• 8.2 Sharing of local taxes among autonomous bodies = 150
• 9. Approaching the new millennium = 151
• THE RESTRUCTURING PHASE OF TAX LAW IN JAPAN-AN ISSUE OF LEGITIMACY OVER A MORE EQUITABLE AND FAIRER SYSTEM TOWARDS THE TWENTY-FIRST CENTURY / Toshiro Fuke = 163
• 1. Introduction = 163
• 2. Japanese taxation system - an overview = 164
• 2.1 General picture = 164
• 2.2 Taxes on individual income - schedule system = 165
• 2.3 Taxes on corporate income - based on a fictional model = 167
• 2.4 Taxes on inheritance and gifts = 169
• 2.5 Taxes on property = 169
• 2.6 Taxes on consumption = 170
• 2.7 Administration and remedies = 171
• 2.7.1 Self-assessment and withholding systems = 171
• 2.7.2 Collection = 171
• 2.7.3 rEMEDIES = 171
• 3. Characteristics - structure and preferences = 172
• 3.1 Structure = 172
• 3.1.1 Common Features = 172
• 3.1.2 Indigenousness／Uniqueness - theoretical foundation of corporate culture = 174
• 3.2 Typical tax preferences = 175
• 3.2.1 Structural preferences-corporate taxation = 176
• 3.2.2 Other tax preferences - taxation of capital gains(income from disposal of land and securities), and dividend = 180
• 4. Domestic and international aspects of the recent Japanese taxation reform towards the 21st century = 182
• 4.1 Public finance crisis and introduction of the consumption tax = 182
• 4.2 Promotion of international competitiveness - in the case of corporate income tax = 183
• 4.3 Promotion of 'self-help' culture - domestic aspects of the consumption tax = 185
• 5. Conclusion - for further discussion = 185
• 5.1 "Market Economy" syndrome? = 186
• 5.2 Paradigmatic transformation in the theory of government through public finance-creation of the self-help welfare society in place of the welfare state? = 188
• 5.3 Necessary taxation reform in Japan towards 21st century = 191
• 5.3.1 A more equitable and fairer taxation system = 191
• 5.3.2 Concluding remarks = 194
• TAX LAW IN INDONESIA / Helena M. Dorhout = 195
• 1. Introduction = 195
• 2. Historical overview = 195
• 2.1. Economic background = 195
• 2.2 Fiscal historical overview = 197
• 3. The tax system in general = 198
• 3.1 General law : Procedural aspects = 198
• 3.1.1 General remarks = 198
• 3.1.2 Settlement of tax during the year and objections = 199
• 3.2 Other tax laws : material aspects = 199
• 4. The Income Tax Law 1984 200
• 4.1 General remarks = 200
• 4.2 Enterprise profit tax = 202
• 4.2.1 Resident organizations = 202
• 4.2.2 Non-resident organization = 204
• 4.3 Individual income tax = 206
• 4.3.1 Resident individual = 206
• 4.3.2 Non-resident individual = 206
• 4.4 Tax dividends, interest, royalties, and compensation for technical and management fees = 206
• 5. Taxes on property = 207
• 6. Taxes on goods and services = 207
• 6.1 Value added taxes(VAT) = 207
• 6.2 Sales tax on luxury goods = 208
• 6.3 Excise duties = 208
• 7. International aspects = 209
• 7.1 Customs duties = 209
• 7.2 Tax treaties = 209
• 8. Tax incentives = 209
• 9. Analyses of the recent past of the Indonesian tax system = 210
• 9.1 1984 : The beginning of the new tax system = 210
• 9.2 1995 : Reform of the 1984-tax laws = 211
• 10. Concluding remarks : future of the tax system = 212
• THE TAXATION OF TAIWAN TOWARDS THE 21ST CENTURY / Chingchang Yen = 213
• 1. Introduction = 213
• 2. Tax structure and organization of the tax administration = 214
• 2.1 Tax structure = 214
• 2.2 Organization of the tax administration = 215
• 3. Taiwan's tax policy in the course of economic development = 216
• 3.1 Tax incentives in different stages = 216
• 3.1.1 1949-1959(prior to the enactment of the statute for encouragement of investment) = 216
• 3.1.2 1960-1970(first stage of encouragement of investment) = 217
• 3.1.3 1971-1980(the second stage of encouragement of investment) = 218
• 3.1.4 1981-1990(third stage of encouragement of investment) = 219
• 3.2 Introduction of value-added tax(VAT) = 222
• 4. Current tax system = 223
• 4.1 Basic tax system = 223
• 4.1.1 Sales tax = 223
• 4.1.2 Income tax = 224
• 4.2 Current tax incentives = 224
• 4.2.1 Accelerated depreciation = 225
• 4.2.2 Investment tax credit = 225
• 4.2.3 Tax holiday = 226
• 4.2.4 Tax deferment for stock dividends = 227
• 4.2.5 Allowance reserves = 227
• 4.2.6 Tax benefits for retained earnings = 227
• 4.2.7 Tax benefits for inter-company dividends = 228
• 4.2.8 Exemption of income from interest, dividends, and royalties = 228
• 4.2.9 Favourable tax rates = 228
• 4.2.10 Land value increment tax relief = 228
• 4.2.11 Others = 229
• 5. Prospects = 230
• 5.1 Sales tax = 231
• 5.1.1 A review of value-added tax(VAT) on financial institutions = 231
• 5.1.2 A review of the scope of commodity tax = 231
• 5.2 Income tax = 231
• 5.2.1 Individual income tax = 231
• 5.2.2 Branch profits tax = 232
• 5.2.3 Anti-avoidance = 232
• 5.2.4 Integration of enterprise income tax and individual income tax = 232
• 5.2.5 Signing of tax treaties = 233
• 6. Concluding remarks = 233
• EUROPEAN TAX POLICY : A NATIONAL PERSPECTIVE / Henk Vording = 237
• 1. Introduction = 237
• 1.1 The problem of national tax sovereignty : competition, co-ordination, and harmonization. = 239
• 1.2 The case for harmonization = 242
• 1.3 Conclusion = 248
• 2. Can the Dutch welfare state survive with tax competition? = 249
• 2.1 Characteristics of the current Dutch tax system. = 249
• 2.2 The end of direct taxation? Some broad proposals = 255
• 2.3 Tax competition : revenue losses and recovery = 258
• 2.4 Conclusion = 261
• 3. The prospects of harmonization = 261
• 3.1 The Brussels perspective = 261
• 3.1.1 The European Commission's view = 261
• 3.1.2 The Economic and Social Committee on taxation = 263
• 3.2 The unanimity requirement. = 264
• 3.3 The agenda : what can tax harmonization contribute? = 265
• 3.4 Horizontal tax competition replaced by vertical competition = 267
• 3.5 Harmonization or co-ordination? = 268
• 3.6 Conclusion = 269
• 4. Conclusion : Dutch tax policy in the European Union = 270
• Contributors = 277
• Bibliography = 279
• Index = 289