虚开增值税专用发票罪认定中的几个疑难问题

虚开增值税专用发票罪,在司法实践中存在比较大的争议:一是多人分别实施虚开与骗税行为如何适用刑法第二百零五条第二款;二是虚开数额的认定;三是虚开增值税专用发票罪与其他相关犯罪的竞合问题;四是单位和自然人构成虚开增值税专用发票罪的认定。     

Do Industrial Tax Abatements Spur Property Value Growth?

Despite ongoing debate regarding the effectiveness of tax abatements, Michigan's Industrial Facilities Tax (IFT) abatement program has been widely and extensively used to boost local economic development. In this article, we estimate the effects of industrial property tax abatements on industrial, residential, and commercial property value growth in the context of regional competition for a panel of 152 communities in the five counties surrounding Detroit from 1983 through 2002. We find that: (1) offering tax abatements yields statistically significant positive impacts on industrial property value growth; (2) the impacts are larger in high tax than in low tax communities; (3) there are positive spillover effects of industrial tax abatements on residential and commercial property value growth; (4) tax abatements offered in competitor communities do not appear to influence own industrial property value growth; and (5) changes in the own as well as competitor property tax rates are important determinants of industrial property value growth. However, the fiscal benefits of tax abatements are quite small as compared with the costs of offering abatements even when spillover benefits to residential and commercial properties are considered.     

Marriage relationships among households in the mid 19th century Tama,Japan

This paper studies the formation of marriage relationships between households in 19th century, Tama, Japan. Previous studies on marriage market or partner selection in the Japanese past tended to rely either on information from a single village in case of statistical analysis, or on collection of oral histories. By using the information from a household register that covers 35 villages, and applying a method of social network analysis, this paper goes beyond the limitation of previous studies. Our empirical results show that there was a tendency for socioeconomic homogamy and endogamy (within kinship and within village) among peasants in the mid 19th century Tama, Japan.     

The low‐income housing tax credit as an aid to housing finance: How well has it worked?

Abstract

The Low‐Income Housing Tax Credit program has been operating for over 10 years and has helped finance thousands of developments with units set aside for low‐ or moderate‐income households. However, the program has been criticized for requiring additional layers of subsidy to leverage investment and for providing benefits to developers in excess of the amount necessary to induce them to invest.

An analysis of a sample of developments from Missouri finds that the tax credits are syndicated, with virtually all of the syndication proceeds (about 33 percent of the financing) used to pay for development costs. Conventional lending provides another 44 percent of the financing. Unfortunately, because these sources do not cover all of the costs, developers enter into a complex, costly process of layering additional subsidies, one on top of another, to fully finance the development.     

Comment on Michael A. Stegman,Walter R. Davis,and Roberto Quercia's “The Earned Income Tax Credit as an instrument of housing policy”

Abstract

The article by Stegman, Davis, and Quercia is a careful, comprehensive analysis of the current impact of the Earned Income Tax Credit (EITC) on the housing cost burdens of working families. Its major proposal, a graduated supplement to the EITC to reflect housing costs, is compared with my broader concept of addressing severe cost burdens through supplements to major income support programs. Criticisms of my concept, chiefly administrative difficulties and incompatibility with the EITC benefit structure, are discussed.

My primary concerns are that Stegman, Davis, and Quercia's proposal does not sufficiently target families with severe housing costs and that the formula for calculating the additional benefit does not reflect diverse housing costs throughout the country and provides the smallest increases to the recipients with the lowest incomes. However, it is more important to generate discussion of the reality that “income policy IS housing policy” than to argue about details.     

Expanding the R&;E tax credit to drive innovation,competitiveness and prosperity

The research and experimentation (R&E) tax credit has long been the subject of criticism. Some argue that if the goal is more research and innovation, it’s better to increase direct federal funding of research. Others argue that the credit is not effective, that companies would do the research in any case. Some object the very notion of using tax policy to influence private sector behavior, preferring instead a more “neutral” tax code. Still others, including Tassey in this volume, point to what they see are a host of design flaws in the current credit, including that its incremental nature reduces its effectiveness. I will argue here that most of these arguments are mistaken. To promote innovation in a global economy both direct funding and indirect tax incentives are needed. The credit, while it can be improved, has been shown to be effective in stimulating research. Moreover, far from distorting the market, the credit corrects for a market failure where firms are unable to capture all of the benefits of corporate research, leading them to under invest in research. Finally, while reform and expansion are needed, it would be a mistake to shift to a completely flat credit. However, several important changes should be made including doubling the current value of the credit, modifying the Alternative Simplified Credit to become incremental, and expanding the flat credit for collaborative R&D.

Technological innovation within the Spanish tax administration and data subjects' right to access: An opportunity knocks

In this paper, we analyse the data subjects' right to access their personal data in the context of the Spanish Tax Administration and the legal consequences of the upcoming General Data Protection Regulation. The results show that there are still difficulties related to the scope of this right, the establishment of proper storage criteria, and in the procedures used by the data controllers to provide accurate information to the data subjects. This situation highlights the necessity to incorporate such technological innovation as metadata labelling and automatic computerised procedures to ensure an optimum management of the data subjects' access to their tax related personal information.     

税收协定的国内适用——基于《企业所得税法》第58条的考察

《企业所得税法》第58条试图全面解决税收协定在国内适用的三个问题,即条约的国内法效力、适用方式和法律位阶。对于如何理解第58条中的"不同规定"与"办理",存在"绝对主权说"和"国际条约说"之争。虽然两种学说的理论依据和具体主张有所不同,但它们均以维护法律体系的纯粹性为最高目标。这两种学说并不符合中国的混合一元条约适用体制。当前,中国应采取更具实质主义导向的方法适用税收协定。     

Tax Disputes under Institutional Instability: Theory and Implications

This article aims to offer the first structural analysis of tax disputes under institutional instability using a core element of the international tax regime as an example. It offers a theory grounded on Mancur Olson's seminal contribution to group dynamics, the logic of collective action. It also suggests implications of this theory that might help to address key enforcement issues faced by the international tax regime in a frequent context worldwide: institutionally unstable countries.     

理性与宽容：逃税罪罪状的新设计

随着2009年2月《刑法修正案（七）》的颁行，偷税罪罪状内容发生了重大变化。通过对偷税罪罪状设计的历史考察，结合分析《刑法修正案（七）》中偷税罪条文内容的修改，不难发现，逃税罪罪状的新设计透射出理性与宽容的光芒，这与当下宽严相济刑事政策相契合。这反映出我国刑事立法的科学性与进步性。另外，逃税罪罪状的重新设计使得人们重新审视逃税行为的本旨等问题，因此，逃税罪罪状的新设计是刑事立法史上里程牌式的标志并非是“过誉”之词。