Changing Tax Law in East and Southeast Asia Towards the 21st Century / / edited by Yong Zhang and Toshiro Fuke.

• Superior document: Public Law in East and Southeast Asia Series ; Volume 2
• TeilnehmendeR: Zhang, Yong, 1961-; Fuke, Toshirō,
• Place / Publishing House: The Hague, The Netherlands : : Kluwer Law International,, [1997]; ©1997
• Year of Publication: 1997
• Edition: First edition.
• Language: English
• Series: Public law in East and Southeast Asia ; Volume 2.
• Physical Description: 1 online resource (321 pages)

Table of Contents

• Intro
• Title Page
• Copyright Page
• Table of Contents
• Preface
• SOME INTRODUCTORY REMARKS
• THE PERSPECTIVES FOR TAX LAW IN HONG KONG AFTER JULY 1, 1997
• 1. Introduction
• 2. The main characteristics of current tax law in Hong Kong
• 2.1 Few kinds of taxes
• 2.2 Lower rate of direct tax and lighter burden of tax payers
• 2.3 The source territory principle
• 2.4 No total income concept
• 2.5 No withholding taxes
• 2.6 Simplicity of legislation
• 2.7 The base period for a year of tax assessment
• 2.8 The separate treatment of the married women by the tax authority
• 3. The sources of the tax law in Hong Kong after 1 July 1997
• 3.1 Legal basis for discussion
• 3.2 The Basic Law of the Hong Kong Special Administrative Region
• 3.3 The tax laws previously in force in Hong Kong
• 3.3.1 The common law &amp
• rules of equity
• 3.3.2 Ordinances
• 3.3.3 Subordinate legislation
• 3.3.4 Customary law
• 3.4 Laws enacted by the Legislature of the Hong Kong Special Administrative Region
• 3.5 International agreements
• 3.6 Comment on the possibility of national tax laws as sources of the tax law in the HKSAR
• 4. The guidelines for Tax Reform in the HKSAR
• 4.1 Adam Smith's golden principles on taxation
• 4.2 Adequate public revenue
• 4.3 Efficiency
• 4.4 Equity
• 4.5 Effective administration
• 5. Some theoretical discussion on certain aspects of the tax law in the HKSAR
• 5.1 The future of profits tax
• 5.2 The future of salaries tax
• 5.3 The future of property tax
• 5.4 Reform on the anti-avoidance legislation
• 5.5 Tax appeals in the coming HKSAR
• 5.6 The possibility of introducing the VAT system
• 6. Conclusion
• AN OVERVIEW OF THE CHINESE 1993 TAX REFORM AND ITS PERSPECTIVES
• 1. Introduction
• 2. The Chinese tax system before the 1993 reform
• 2.1 The tax system under a planned economy.
• 2.2 The Fourteen-Year Tax System (1979-1993)
• 2.2.1 The reform which changed profits to tax for state-owned enterprises and the development of a turnover tax
• 2.2.2 The reform of the income tax system
• 2.2.3 The problems of the Fourteen-Year Tax System
• 3. The reform of the tax system since 1993
• 3.1 The principles behind the new reform of the tax system
• 3.2 Turnover tax and its problems
• 3.2.1 The content of the new turnover tax
• 3.2.2 The problems of the new turnover tax
• 3.3 The reform of income tax and its problems
• 3.3.1 Internal enterprise income tax
• 3.3.2 Income tax on foreign-invested enterprises and foreign enterprises
• 3.3.3 Individual income tax
• 3.4 The problems of income tax
• 3.5.1 The division regulatory tax on investment in industrial property (the conduct and object tax)
• 3.5.2 Land value added tax
• 4. Tax sharing between central and local governments
• 4.1 Intergovernmental fiscal relations before 1994
• 4.2 The defects of the intergovernmental fiscal system before 1993
• 4.3 The tax sharing system
• 4.4 Some practical problems
• 4.5 Tax sharing and local autonomy
• 5. The uniqueness of the current Chinese tax system
• 5.1 Tax structure
• 5.2 Present taxation legislation
• 5.3 The drafting of the basic law on taxation
• 5.4 Tax evasion and tax refusal
• 5.5 Remedy systems
• 6. Concluding remarks
• THE REFORM OF THE TAX SYSTEM CONCERNING FOREIGN INVESTMENT IN CHINA
• 1. Introduction
• 2. The legislative principles and characteristics of the income tax laws related to foreign affairs
• 3. A comparison between income tax law concerning enterprises with foreign investment and foreign enterprises and its origins
• 3.1 Equitable taxation
• 3.1.1 Four unification have been reached for the tax laws related with foreign affairs, making tax burden balanced between foreign-related enterprises.
• 3.1.2 Tax basis is rationally defined
• 3.1.3 Tax credit makes tax burden internationally equitable
• 3.2 Tax preferences differ from different regions and industries
• 3.2.1 A reduced tax rate applicable in certain regions, industries and projects
• 3.2.2 Exemption and deduction of income tax in certain period of time applies in listed industries and projects
• 3.2.3 Refund of the income tax already paid on the reinvested amount
• 3.2.4 Other exemptions or reductions
• 4. Influences of the new tax laws on foreign investment
• 4.1. Effect on the forms of foreign investment
• 4.2 Effect on the scale and duration of foreign investment
• 4.3 Effect on the areas and fields of foreign investment
• 5. Indirect taxes
• 6. Shifting to resident treatment of the foreign investment policy
• 6.1 Adjustment of industries
• 6.2 Shifting to resident treatment
• 6.3 Policies concerning special economic zones will continue basically without change
• CHINESE TAX POLICY AND PROBLEMS OF FAIRNESS IN TAXATION
• 1. Introduction
• 2. Equitable distribution of tax burdens
• 3. State revenues and tax policy
• 4. Non-discrimination of taxpayers
• 5. Fair tax administration
• 6. Conclusions
• TAX LAW IN KOREA
• 1. Economic and fiscal backgrounds
• 2. Income taxation
• 2.1 Individual income tax
• 2.1.1 Basic structure
• 2.1.2 Interest and dividends
• 2.1.3 Wages and salaries
• 2.2 Corporation tax
• 2.2.1 Basic structure
• 2.2.2 Special features
• 2.2.3 Foreign taxes paid
• 2.2.4 Taxation of foreign corporations
• 2.2.5 The special corporate surtax
• 2.2.6 Tax rates
• 3. Inducement of foreign capital and technology
• 4. New legislation on international taxation
• 4.1 Transfer pricing
• 4.2 Thin capitalization
• 4.3 Tax haven
• 4.4 Extra-territorial gift
• 4.5 Mutual agreements
• 5. Estate and gift taxes
• 5.1 In general.
• 5.2 Estate tax
• 5.2.1 Basic structure
• 5.2.2 Exclusions
• 5.3 Gift tax
• 6. Value added tax and special consumption tax
• 6.1 In general
• 6.2 Basic structure of the value added tax
• 7. Land-related taxes and assessments
• 8. Local taxes
• 8.1 Background of local autonomy
• 8.2 Sharing of local taxes among autonomous bodies
• 9. Approaching the new millennium
• THE RESTRUCTURING PHASE OF TAX LAW IN JAPAN - AN ISSUE OF LEGITIMACY OVER A MORE EQUITABLE AND FAIRER SYSTEM TOWARDS THE TWENTY-FIRST CENTURY
• 1. Introduction
• 2. Japanese taxation system - an overview
• 2.1 General picture
• 2.2 Taxes on individual income - schedule system
• 2.3 Taxes on corporate income - based on a fictional model
• 2.4 Taxes on inheritance and gifts
• 2.5 Taxes on property
• 2.6 Taxes on consumption
• 2.7 Administration and remedies
• 2.7.1 Self-assessment and withholding systems
• 2.7.2 Collection
• 2.7.3 Remedies
• 3. Characteristics - structure and preferences
• 3.1 Structure
• 3.1.1 Common Features
• 3.1.2 Indigenousness/Uniqueness - theoretical foundation of corporate culture
• 3.2 Typical tax preferences
• 3.2.1 Structural preferences-corporate taxation
• 3.2.2 Other tax preferences - taxation of capital gains (income from disposal of land and securities), and dividend
• 4. Domestic and international aspects of the recent Japanese taxation reform towards the 21 st century
• 4.1 Public finance crisis and introduction of the consumption tax
• 4.2 Promotion of international competitiveness - in the case of corporate income tax
• 4.3 Promotion of 'self-help' culture - domestic aspects of the consumption tax
• 5. Conclusion - for further discussion
• 5.1 "Market Economy" syndrome?.
• 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?
• 5.3 Necessary taxation reform in Japan towards 21st century
• 5.3.1 A more equitable and fairer taxation system
• 5.3.2 Concluding remarks
• TAX LAW IN INDONESIA - Helena Μ. Dorhout
• 1. Introduction
• 2. Historical overview
• 2.1 Economic background
• 2.2 Fiscal historical overview
• 3. The tax system in general
• 3.1 General law: Procedural aspects
• 3.1.1 General remarks
• 3.1.2 Settlement of tax during the year and objections
• 3.2 Other tax laws: material aspects
• 4. The Income Tax Law 1984
• 4.1 General remarks
• 4.2 Enterprise profit tax
• 4.2.1 Resident organizations
• 4.2.2 Non-resident organization
• 4.3 Individual income tax
• 4.3.1 Resident individual
• 4.3.2 Non-resident individual
• 4.4 Tax dividends, interest, royalties, and compensation for technical and management fees
• 5. Taxes on property
• 6. Taxes on goods and services
• 6.1 Value added taxes (VAT)
• 6.2 Sales tax on luxury goods
• 6.3 Excise duties
• 7. International aspects
• 7.1 Customs duties
• 7.2 Tax treaties
• 8. Tax incentives
• 9. Analyses of the recent past of the Indonesian tax system
• 9.1 1984: The beginning of the new tax system
• 9.2 1995: Reform of the 1984-tax laws
• 10. Concluding remarks: future of the tax system
• THE TAXATION OF TAIWAN TOWARDS THE 21ST CENTURY - Chingchang Yen
• 1. Introduction
• 2. Tax structure and organization of the tax administration
• 2.1 Tax structure
• 2.2 Organization of the tax administration
• 3. Taiwan's tax policy in the course of economic development
• 3.1 Tax incentives in different stages
• 3.1.1 1949-1959 (prior to the enactment of the statute for encouragement of investment).
• 3.1.2 1960-1970 (first stage of encouragement of investment).