• Title/Summary/Keyword: 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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SOME MODELS FOR PROGRESSIVE TAXATION

  • Kim, Hong-Jong
    • Communications of the Korean Mathematical Society
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    • v.33 no.3
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    • pp.823-831
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    • 2018
  • We define progressive tax rate functions, study their properties, and describe some smooth models. The key requirement, defining the progressive nature of the taxation model, is that the progressive tax rate functions should have infinite contact with the zero function at the origin, in order to care the poor. In constructing a wide array of such functions, assisting functions are introduced.

CONSERVATION OF A PREY-PREDATOR FISHERY WITH PREDATOR SELF LIMITATION BASED ON CONTINUOUS FISHING EFFORT

  • KAR T. K.;PAHARI U. K.;CHAUDHURI K. S.
    • Journal of applied mathematics & informatics
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    • v.19 no.1_2
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    • pp.311-326
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    • 2005
  • The paper deals with the problem of selective harvesting in a prey-predator model with predator self limitation. Criteria for local stability and global stability for both the exploited and unexploited system are derived. The effort has been considered as a dynamic variable and taxation as a control instrument to protect the fish populations from over exploitation. Finally, the optimal taxation policy is discussed with the help of control theory.

Electronic Commerce and Environmental Welfare: An Analysis of Optimal Taxation (전자상거래와 환경후생)

  • Lee, Sang-Ho
    • Journal of the Korean Operations Research and Management Science Society
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    • v.36 no.1
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    • pp.1-11
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    • 2011
  • This article examines the impact of electronic commerce on environmental welfare. In particular, we analyze a game model of price competition between offline and online firms when consumption taxes are imposed on both offline and online transactions that produce environmental pollution. We investigate the properties of optimal taxation between offline and online markets and demonstrate that there is an optimal difference between the two taxes, depending upon not only the transaction cost between offline and online consumption, but also the environmental damage cost. We also investigate the effect of tax-free online transactions on tax revenues, and the financial feasibility of the optimal taxation.

For Non-for-Profit medical institutions, tax exemption benefits such as the United States should be basically provided. (비영리법인 의료기관의 과세 제도를 정비해야 할 시점: 미국 수준의 면세혜택 제공을 검토해야)

  • Lee, Jin Yong;Kim, Hyun Joo;Eun, Sang Jun
    • Korea Journal of Hospital Management
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    • v.23 no.4
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    • pp.81-86
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    • 2018
  • Purposes: The purpose of this study is to argue that the taxation system for non-for-profit medical institution in Korea should be revised and that the basic direction should be to expand tax exemption like the US. Methods: We analyzed the US context of taxation policy for non-for-profit medical institutions and compared the US and Korean situation. Findings: In the United States, for-profit or non-for-profit medical institutions eternities are the most important criteria for hospital classification. Basically, full tax-exemption has been applied for non-for-profit medical institutions. The reason why many hospitals maintain their status as non-for-profit are following. First, the American society places great importance on the social responsibility and role of non-for-profit hospitals. Second, maintaining the status of non-for profit medical institutions is financially beneficial while maintaining good social reputation. The most powerful financial incentives are tax deductions and tax deductions for donations. Practical Implications: How will the taxation system for medical institutions in Korea be reformed in the future? First, if Korean government do not allow for-profit medical institutions, Korean government should consider implementing a full tax exemption system suitable for non-profit medical institutions like the US. Second, there are many variation in taxation for non-for-profit medical institution according to their legal positions. Therefore, current taxation system should be revised. Third, the reorganization of such taxation system should be in a direction that can finally encourage community benefit activities of medical institutions of nonprofit hospitals.

A Study on the Taxation Equity between Non-Residential Real Estate and Apartment Houses (비주거용 부동산과 아파트의 과세형평성에 관한 연구)

  • Im, Dong Heok;Choi, Min Seub
    • Korea Real Estate Review
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    • v.27 no.3
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    • pp.87-102
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    • 2017
  • The purpose of this study was to compare the taxation equity of non-residential collective real estate based on its standard market prices set by National Tax Service and those for taxation set by the Ministry of Government Administration and Home Affairs with that of the apartment houses in Seoul, South Korea. The study findings were as follows. First, the analysis results of the standard market price rates of non-residential collective real estate pointed to a huge gap in the assessment rate (AR) of the taxation standards among the Gu offices. Second, there was a big coefficient of dispersion (COD) in the standard market prices of non-residential collective real estate, which confirmed the presence of horizontal inequity. Finally, there was regressive vertical inequity, which leads to the undervaluation of high-value assets, in the standard market prices of non-residential collective real estate. The evaluation of the standard market prices of non-residential collective real state should thus reflect the market prices and the addition and assessment of the land and buildings to achieve taxation equity. Based on these findings, it is hoped that this study will make a significant contribution to the improvement of the official announcement system for non-residential real estate based on real transactions during the shift to such system.

THE EFFECTS OF TAXATION ON OPTIMAL CONSUMPTION AND INVESTMENT

  • Lim, Byung Hwa
    • Journal of the Chungcheong Mathematical Society
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    • v.31 no.1
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    • pp.65-73
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    • 2018
  • We investigate the optimal consumption and investment problem of working agent who faces tax system on consumption, labor income, savings and investment. By applying martingale method, we obtain the closed-form solutions so it is possible to verify the effect of tax system analytically.

A study of heavier transfer income tax for a digital economy (디지털 경제에 적합한 양도소득세 중과제도에 관한 연구)

  • Kim, Jong-Woo;Choi, Jeong-Il;Lee, Ok-Dong
    • Journal of Digital Convergence
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    • v.11 no.8
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    • pp.53-64
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    • 2013
  • This study was conducted from the time when discussion of improvement and keeping heavy taxation on multiple home owners was began, experts who may express professional opinion such as realtors, tax accountants and revenue officers were picked up besides the direct interested parties such as single and multiple home owners. This study collected their various opinions regarding whether keeping the heavy taxation system on multiple home owners or not and the effect of it. As a result of the survey, people living in Seoul who owned more houses showed higher awareness about heavy taxation on multiple home owners, and people agreed more about abolishing the heavy taxation when they own more homes. From this study, it was found out that different recognition about heavier transfer income tax on multiple home owners of each person concerned and necessity of rearranging this uncertain condition of temporary regulation in the future. The tax law should be improved to supply clear policy signals to the market for recovery of housing transactions and supply expansion of jeonsei to monthly rental housing and managing of taxation policy which reflects taxpayers' opinion may correspond to more effective and fair taxation principle.

Analysis of Differentiation of Policy Strategies for Digital Taxation (디지털 과세(Digital Taxation)에 대한 정책전략의 차별성 분석)

  • Kim, Ji-Young
    • Journal of Digital Convergence
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    • v.17 no.12
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    • pp.45-57
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    • 2019
  • The digital economy has created a new platform-based business model and raised the issue of the international taxation system in line with rapid economic development. Voices of fair taxation have also grown due to tax breaks to countries with low tax rates, problems caused by the gap between traditional and digital companies, and problems of business-oriented taxation systems. As a result, the international movement to lay the foundation for the international taxation system based on the business model suitable for the digital economy has become active. The stances of foreign organizations and countries are different, and the necessity of domestic policy introduction is increasing when cooperation at the international level is needed. This study was conducted to analyze the policy network and to help decision making. The results of the study showed that there were differences among domestic stakeholders depending on the actors. The EU suggested SDP in the long term, Digital Service Tax in the short term, and OECD suggested SEP in the long term. It was found that a careful approach to decision making and an in-depth study of the policy process are necessary.

On China's Challenges in Taxation in E-business

  • Wang, Guo-an
    • International Commerce and Information Review
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    • v.5 no.1
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    • pp.125-134
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    • 2003
  • The rapid development of e-commerce in the world has resulted in great challenges to the traditional taxation systems all over the world. As a developing country, anna should take into careful consideration the characteristics of e-business and work out countermeasures to meet the challenges. This thesis at first offers an introduction to the characteristics of e-business and the different kinds of taxes in e-business, then gives an overview of the present taxation situation in e-business and analyzes loopholes in the tax laws concerning it, and finally provides some suggestions concerning online taxation in the development of e-business.

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