• Title/Summary/Keyword: Indirect Taxation

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A Study on the SCC Arbitration Case - Quasar de Valores SICAV SA and others v. The Russian Federation - (국제투자중재에서 과세와 관련된 사례의 검토 - 러시아 유코스사(社) 사건을 중심으로 -)

  • Kim, Hee-Jun
    • Journal of Arbitration Studies
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    • v.24 no.1
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    • pp.45-58
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    • 2014
  • It is a well recognised rule in international law that the property of aliens cannot be taken. The question of whether indirect expropriation and government regulatory measures require compensation is an important issue in international investment law. Bilateral investment treaties and other investment agreements contain brief and general indirect expropriation provisions. These focus on the effect of government action and do not address the distinction between compensable and non-compensable regulatory actions. It is generally accepted that a state is not responsible for loss of property or for other economic disadvantages resulting from bona fide general taxation accepted as within the police power of states, provided it is not discriminatory. Yukos Oil Company is a Russian oil and gas company engaged in exploration, refining, and marketing activities. It is one of the largest oil and gas companies in the world. Yukos Oil Company has its production operations in Russia and markets its products in Europe. An international tribunal ordered the Russian government to compensate a group of Spanish investors for the losses they suffered when Russia seized the Yukos Oil Company on July 26, 2012. This has been the subject of several judicial proceedings and academic publications. This paper explores which circumstances do not lead to taxation amounting to expropriation. The author suggests that under the following circumstances, taxation would not amount to expropriation. First, taxation should be non-discriminatory. Also a lawful exercise of the taxation powers of governments would not amount to expropriation.

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A Study about System Applied to Not-For-Profit Orgnition in the Law of Inheritance Tax and Gift Tax (상속세 및 증여세법상 공익법인의 과세제도에 관한 연구)

  • Lee, Jae-Sam
    • Journal of Industrial Convergence
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    • v.1 no.2
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    • pp.141-172
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    • 2003
  • To enhance Social Welfare and Public Interests, government has been enforcing the policies that induce private Sector to participate in the Public Service. In general, these policies consist of the direct or indirect supporting systems, including the advantages of taxation applicable to Private Sector that takes part in Public Service. Of the various supporting systems taken by government, the privilege from the taxes is known to the most important supporting system. The representative exemple is the tax beduction of amounts donated to the not-for-profit organizations. That is to say that donations can be deductible from taxable amounts on assessing inheritance tax and gift tax. Generally much higher cumulative tax rates are applied to the laws of inheritance tax and gift tax than the other taxes in order to redistribute the social wealth and to restrain the concentration of the wealth. On the other hand, the special exemption from the taxes can be applied to not-for-profit organization according to the standards of the relevant lows and regulations, because not-for-profit organization usually performs the partial role of government in Public Service. The perpose of this study is to find the systematical support that the not-for-profit organizations can practice Public service more efficiently than government. This study approaches the subject by means of examining current taxation systems of inheritance tax law and gift tax law and developing systematic alternatives that can make inefficient parts in taxation systems more reasonable.

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Research on the Investment environment changes and the business tax and value added tax in China (대중국 투자환경변화와 영업세 및 증치세에 관한 연구)

  • Park, Sang-Seob;Shin, Jae-Yeol;Pyun, Marley
    • Management & Information Systems Review
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    • v.32 no.4
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    • pp.127-153
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    • 2013
  • The trend of China's industry has been changed from manufacturing industry based on cheap labor market to service industries gradually as a whole. The investment of Korean corporations toward Chines service industry is gradually being increased. The importance of Chinese service industry related taxations such as business tax and value-added tax are growing. This study, therefore, examines the changes of investment environment and does the business tax and VAT of growing importance in China. From the point of view that the taxation on services is mainly related to the business tax or VAT, this study, also, examines the changes of present condition of investment and corresponding trends of the Korean corporations, in accordance with the domestic investment environment changes tied to the business tax and the VAT in China. With regard to the business tax and the VAT, this study looks into their features and tax requisition and also makes comparison between them and VAT of Korea. This study examines the problems and situations from the cases of separation, integration and trial integration of the business tax and VAT, and also does the development direction of the above two taxation and the corresponding strategy of Korea and her companies The purpose of this study is to provide information about the changing trends of investment environment and the business tax and VAT and to present corresponding plan for the corporations advancing into China.

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The Impact of Aging on Regional Differentiation and the Role of Tax (고령화가 지역 간 분화에 미치는 영향과 조세의 역할)

  • Kim, Seung Jae;Kim, Ho Yeon
    • Journal of the Korean Regional Science Association
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    • v.34 no.3
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    • pp.43-54
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    • 2018
  • This paper analyzes the effects of population aging on regional differentiation from the New Economic Geography perspective. The addition of old-age population variable affects the price index, income, nominal wage, and real wage derived in the short-run equilibrium. Using the new model, we can better explain industrial agglomeration patterns corresponding to the new long-run equilibrium. As the real wage criterion does not properly take the old-age group into account, we employ the indirect utility function as an additional condition for equilibrium. We further consider tax as a policy tool for achieving a better long-run equilibrium. This would enable the government to direct the economy toward a particular equilibrium desired in the face of population aging.

A Study on the Cost Analysis of Service Export - K SME Case of MICE-related Industry - (서비스 수출원가 분석 - MICE 산업 관련 중소기업 사례연구 -)

  • Park, Moon-Suh
    • International Commerce and Information Review
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    • v.13 no.4
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    • pp.485-516
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    • 2011
  • Republic of Korea is small nation that is comprised of 0.7% of the world population and occupying just 0.07% of the world territory. Despite this, Republic of Korea once again proved herself to be as the world's major economic powerhouse by becoming the world's 7th largest exporter in 2010. However, the reality is that Republic of Korea is still significantly concerned about the volatile economic nature and anxiety that is spread across the globe since the global depression that began at the end of 2008 and the financial crisis that has been threatening the Euro-Zone recently. This has resulted in the nation reaching the limitation in significant economic growth and limited creation of jobs within the nation and due to such circumstances, the nation is becoming more aware of the fact that she needs to pay more attention on the service sector and service exports if she was to see a more positive economic outlook in the upcoming future. This research is aimed to analyse the cost that is associated with the service export sector, by examining a number of enterprises in relation to the MICE(Meeting Incentives Convention Exhibition) industry which certainly has both direct and indirect influences on the service exports of the nation Further, the prime goal of the research is to encourage the SMEs of Korea, who have substandard experience associated to foreign exports, to intensify and increase service exports and also the goal extends to the degree to suggest appropriate assistance measures to aid these enterprises to achieve such goals. This research is fundamentally designed and based on the literature research associated with the MICE industry and also, this research is premeditated through the analysis of the case of exports to Vietnam. As the result of research, it has been found out that SMEs in the MICE industry and those of in service export sector are reluctant or even feel insecure to attempt any kind of export of their services mainly due to; the lack of foreign market information and also the lack of experience associated with service exports. Furthermore, it has also been revealed that the difficulty to estimate the validity and profitability of service the export is a significant factor withholding those enterprises from attempting any service export to the foreign markets. Henceforth, in order to aid and stimulate service export to the foreign markets by these SMEs (including those in association with the MICE industry), it is imperative to prepare an one-stop service export assistance program which would provide the information associated with marketing, law and legislation, taxation system and financial area in regard to the global markets.

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