Paul L. Caron
Dean




Wednesday, October 20, 2021

Gamage Presents Political Optionality And Current-Assessment Tax Reform Today At UC-Irvine

David Gamage (Indiana; Google Scholar) presents Tax Now or Tax Never: Political Optionality and the Case for Current-Assessment Tax Reform (with John Brooks (Georgetown; Google Scholar)) at UC-Irvine today as part of its Tax Policy Colloquium:

Gamage-davidThe U.S. income tax is broken. Due to the realization doctrine and taxpayers’ consequent ability to defer taxation of gains, taxpayers can easily minimize or avoid the taxation of investment income, a failure that is magnified many times over when considering the ultra-wealthy. As a result, this small group of taxpayers commands an enormous share of national wealth yet pays paltry taxes relative to the economic income their wealth produces—a predicament that this Article condemns as being economically, politically, and socially harmful.

The conventional view among tax law experts has assumed that the problems created by the realization doctrine can be fixed on the back end by adjusting the rules that govern taxation at the time of realization. Specifically, most tax scholars have favored reform proposals that would retain the realization doctrine, while aiming to impose taxes in a way that would erase or reduce the financial benefits of deferral. Examples include retrospective capital gains tax reforms, progressive consumption tax reforms, and more incremental reforms such as ending stepped-up basis.

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October 20, 2021 in Colloquia, Scholarship, Tax, Tax Workshops | Permalink

Monday, October 18, 2021

Maag Presents The Next Stage Of The Child Tax Credit Today At Loyola-L.A.

Elaine Maag (Tax Policy Center) presents Issues In Child Benefit Administration In The United States: Imagining the Next Stage of the Child Tax Credit (with Samuel Hammond (Niskanen Center)) at Loyola-L.A. today as part of its Tax Policy Colloquium:

Maag-elaineThe American Rescue Plan Act of 2021 (ARP) expanded the Child Tax Credit (CTC) for one year and delivered it as a monthly benefit to the vast majority of recipients. Whether the credit will retain its current form, revert to its previous form, or take on a new form altogether is unclear. Even if the credit is extended, it is unlikely to be extended permanently and there remains the possibility that if will continue to evolve as discussions around providing a robust child benefit continue. A robust child benefit could provide a minimum source of support to all or most families with children which would mean that fewer children would grow up in poverty and would be harmed by temporary income drops. We compare how a tax credit such as the Child Tax Credit (CTC) administered by the Internal Revenue Service (IRS) or a universal child allowance administered by the Social Security Administration (SSA) could be structured to best meet the needs of families with children. Tax credits, in general, have been the more popular tool of choice for both Democrats and Republicans to redistribute income in recent years (Faricy 2015)–including the temporary expansion of the Child Tax Credit (CTC).

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October 18, 2021 in Colloquia, Scholarship, Tax, Tax Workshops | Permalink

Friday, October 15, 2021

Next Week’s Tax Workshops

Monday, October 18: Elaine Maag (Tax Policy Center) presents Issues In Child Benefit Administration In The United States: Imagining The Next Stage of The Child Tax Credit (with Samuel Hammond (Niskanen Center)) as part of the Loyola-L.A. Tax Policy Colloquium. If you would like to attend, please RSVP here.

Tuesday, October 19: Stephanie Hoffer (Indiana-Indianapolis; Google Scholar) presents Tax Legislation in Crises as part of the Georgetown Tax Law and Public Finance Workshop. If you would like to attend, please contact Brian Galle.

Wednesday, October 20: David Gamage (Indiana; Google Scholar) presents Tax Now or Tax Never: Political Optionality and the Case for Current-Assessment Tax Reform (with John Brooks (Georgetown; Google Scholar)) as part of the UC-Irvine Tax Policy Colloquium. If you would like to attend, please email taxpolicy@law.uci.edu

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October 15, 2021 in Colloquia, Legal Education, Scholarship, Tax, Tax Workshops | Permalink

Thursday, October 14, 2021

Hines Presents Evaluating Tax Harmonization Today At Georgetown

James Hines (Michigan; Google Scholar) presents Evaluating Tax Harmonization at Georgetown today as part of the OMG Transatlantic Tax Talks Series (OMG = Oxford-Michigan-MIT-Munich-Georgetown):

James-HinesTax harmonization can address downward rate pressure due to tax competition, but does so by imposing a common rate that may not suit all governments.  A second-order Taylor approximation yields the simple rule that tax rate harmonization advances collective government objectives only if tax competition reduces average tax rates by more than the standard deviation of observed tax rates.  Consequently, any objective-maximizing harmonized tax rate must exceed the sum of the observed average tax rate and the standard deviation of tax rates.  In 2020 the standard deviation of world corporate tax rates weighted by GDP was 4.5%, and the mean corporate tax rate 25.9%, so if competition sufficiently depresses tax rates then governments may find it attractive to harmonize at a corporate tax rate of 30.4% or higher. The minimum tax rate that most effectively advances collective objectives equals the average effect of tax competition plus the average tax rate in affected countries.  Hence there are dominated regions: in the 2020 data, there is no degree of tax competition for which a world minimum corporate tax rate between 4% and 27% would be consistent with maximizing collective objectives.

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October 14, 2021 in Colloquia, Scholarship, Tax, Tax Workshops | Permalink

Hoffer Presents Tax Legislation In Crises Today At Indiana

Stephanie Hoffer (Indiana-Indianapolis; Google Scholar) presents Tax Legislation in Crises at Indiana-Bloomington today as part of its Tax Policy Colloquium hosted by Leandra Lederman:

Stpehanie-hoffer

Introduction
Congress, during crises, uses tax law as an instrument of mitigation. A legislature convened in crisis, though, faces unusual informational, political, and time constraints. Tax legislation tends toward complexity. Passing complex legislation under unusual constraints likely precludes thorough contemporaneous consideration of the distributional or other policy effects of the legislation on a diverse group of stakeholders. Perhaps as a consequence, tax legislation passed in times of crises typically builds on prior crisis legislation and contains many recurring provisions. 

This essay examines recurring provisions in crisis-motivated tax and presents preliminary observations on a study of tax legislation passed in response to national crises during the years the 2000 – 2020. The study period includes the September 11 terrorist attacks, hurricanes Katrina, Rita, and Wilma, the 2008 housing market collapse, the Great Recession, and the COVID pandemic. The study examines which kinds of provisions recur under which circumstances, for whose benefit, and at what cost.

The broader work of which this essay is a part addresses three hypotheses. First, crisis tax legislation is formulaic, generally including a number of provisions drawn from prior tax crisis bills. Second, subsequent crisis tax legislation tends to expand the scope of provisions repeated from earlier crisis tax legislation. Third, among recurring provisions, privately-directed outlays via tax expenditure will outweigh Congressionally-directed outlays.

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October 14, 2021 in Colloquia, Scholarship, Tax, Tax Workshops | Permalink

Tuesday, October 12, 2021

Blouin Presents Does Tax Planning Affect Organizational Complexity: Evidence From Check-the-Box Today At NYU

Jennifer Blouin (Penn) presents Does Tax Planning Affect Organizational Complexity: Evidence from Check-the-Box (with Linda Krull (Oregon; Google Scholar)) at NYU today as part of its Tax Policy and Public Finance Colloquium hosted by Dan Shaviro:

Blouin (2021)This study investigates the effect of the 1997 check-the-box regulations on the current effective income tax rates of U.S. multinational firms. Following the empirical methodology developed in Dyreng and Lindsey (2009), we measure the effect that the change in tax law has on the average worldwide, U.S., and foreign taxes paid on worldwide, federal and foreign pretax book income for a large sample of U.S. multinational firms. We find that on average U.S. multinational firms’ worldwide tax rates declined by 7.5% in the post-1996 period. Further, we find that the effect of the regulations was greater on U.S. multinational firms’ average foreign tax rates as compared to their average U.S. foreign tax rates. Our results also suggest that the effect is concentrated in the U.S. multinational firms that had a greater change in their ownership structures and a greater change in the balance of their intercompany payments in the post-1996 period.  

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October 12, 2021 in Colloquia, Scholarship, Tax, Tax Workshops | Permalink

Maag Presents Imagining The Next Stage Of The Child Tax Credit Today At Georgetown

Elaine Maag (Tax Policy Center) presents Imagining the Next Stage of the Child Tax Credit (with Samuel Hammond (Niskanen Center)) at Georgetown today as part of its Tax Law and Public Finance Workshop hosted by Brian Galle:

Maag-elaineThe American Rescue Plan Act of 2021 (ARP) expanded the Child Tax Credit (CTC) for one year and delivered it as a monthly benefit to the vast majority of recipients. Whether the credit will retain its current form, revert to its previous form, or take on a new form altogether is unclear. Even if the credit is extended, it is unlikely to be extended permanently and there remains the possibility that if will continue to evolve as discussions around providing a robust child benefit continue. A robust child benefit could provide a minimum source of support to all or most families with children which would mean that fewer children would grow up in poverty and would be harmed by temporary income drops. We compare how a tax credit such as the Child Tax Credit (CTC) administered by the Internal Revenue Service (IRS) or a universal child allowance administered by the Social Security Administration (SSA) could be structured to best meet the needs of families with children. Tax credits, in general, have been the more popular tool of choice for both Democrats and Republicans to redistribute income in recent years (Faricy 2015)–including the temporary expansion of the Child Tax Credit (CTC).

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October 12, 2021 in Colloquia, Scholarship, Tax, Tax Workshops | Permalink

Listokin Presents Monetary Finance Today At Boston College

Yair Listokin (Yale; Google Scholar) presents Monetary Finance (with Brian Galle (Georgetown; Google Scholar)) (reviewed by David Elkins (Netanya) here) at Boston College today as part of its Tax Policy Collaborative hosted by Jim Repetti, Diane Ring, and Shu Yi Oei:

Listokin_yair_yjl6Conventional economic wisdom holds that governments cannot pay their bills by printing money. Running the printing press—or, at modern central banks, tapping a few keys to create electronic funds—causes inflation, and inflation can destroy economies. Yet as it turns out, since 2008 developed countries throughout the world have in effect printed trillions of dollars’ worth of new money without any real hint of inflation. In the United States, for example, this “monetary finance” has amounted to ⅓ of all deficit spending over the last decade.

The power of central banks to finance government at this scale should transform how we think about the fiscal state, our system of taxing and spending. Yet because this phenomenon is new, runs contrary to decades of theory, and is not yet fully understood, little scholarship yet grapples with how governments should use monetary finance. Most nations’ basic architectures for revenue and spending decisions assume that taxes and government borrowing are the primary sources of government finance. What should happen to fundamental legal rules, such as balanced-budget requirements, debt ceilings, or the tax legislative process, when central banks are also key players in financing national expenditures? And how should the structure of central banks change to reflect this new power, which could turn into a dangerous temptation?

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October 12, 2021 in Colloquia, Scholarship, Tax, Tax Workshops | Permalink

Monday, October 11, 2021

Devereux Presents Taxing Profit In The Market Country Today At Loyola-L.A.

Michael Devereux (Oxford; Google Scholar) presents Taxing Profit in a Global Economy and Comparing Proposals to Tax Some Profit in the Market Country (with Richard Collier (Oxford) & John Vella (Oxford)) at Loyola-L.A. today as part of its Tax Policy Colloquium:

Michael-devereuxTaxing Profit in a Global Economy
This book undertakes a fundamental review of the existing international system of taxing business profit. It steps back from the current political debates on how to combat profit shifting and how taxing rights over the profits of the digitalized economy should be allocated. Instead, it starts from first principles to ask how we should evaluate a tax on business profit—and whether there is any good rationale for such a tax in the first place. It then goes on to evaluate the existing system and a number of alternatives that have been proposed. It argues that the existing system is fundamentally flawed, and that there is a need for radical reform. The key conclusion from the analysis is that there would be significant gains from a reform that moved the system towards taxing profit in the country in which a business made its sales to third parties. That conclusion informs two proposals that are put forward in detail and evaluated: the Residual Profit Allocation by Income (RPAI) and the Destination-based Cash Flow Tax (DBCFT). 

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October 11, 2021 in Colloquia, Scholarship, Tax, Tax Scholarship, Tax Workshops | Permalink

Friday, October 8, 2021

Next Week’s Tax Workshops

Monday, October 11: Michael Devereux (Oxford; Google Scholar) presents Taxing Profit in the Market Country (with Richard Collier & John Vella (Oxford)) virtually as part of the Loyola-L.A. Tax Policy Colloquium. If you would like to attend, please RSVP here

Tuesday, October 12: Elaine Maag (Tax Policy Center) presents Imagining the Next Stage of the Child Tax Credit (with Samuel Hammond (Niskanen Center)) virtually as part of the Georgetown Tax Law and Public Finance Workshop. If you would like to attend, please contact Brian Galle.

Tuesday, October 12: Jennifer Blouin (Penn) presents Does Tax Planning Affect Organizational Complexity: Evidence from Check-the-Box (with Linda Krull (Oregon; Google Scholar)) as part of the NYU Tax Policy and Public Finance Colloquium. If you would like to attend, please contact Dan Shaviro

Tuesday, October 12: Yair Listokin (Yale; Google Scholar) presents Monetary Finance (with Brian Galle (Georgetown; Google Scholar)) virtually as part of the Boston College Tax Policy Collaborative. If you would like to attend, please contact James RepettiDiane Ring, or Shu Yi Oei.

Thursday, October 14: Stephanie Hoffer (Indiana-McKinney; Google Scholar) presents Tax Legislation in Crises virtually as part of the Indiana-Maurer Tax Policy Colloquium. If you would like to attend, please register here

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October 8, 2021 in Colloquia, Legal Education, Scholarship, Tax, Tax Workshops | Permalink

Tuesday, October 5, 2021

Layser Presents A Spatial Analysis Of Place-Based Tax Incentives Today At Georgetown

Michelle D. Layser (Illinois; Google Scholar) presents Subsidizing Gentrification: A Spatial Analysis of Place-Based Tax Incentives, 11 UC Irvine L. Rev. __ (2021), virtually at Georgetown today as part of its Tax Law and Public Finance Workshop hosted by Brian Galle:

Michelle-layserPlace-based tax incentives, such as the New Markets Tax Credit (NMTC) and Opportunity Zones incentives, are often used to promote investment in low-income neighborhoods. However, not all low-income neighborhoods have an equal need for investment subsidies. Subsidies for investment in already gentrifying neighborhoods, for example, may reflect inefficient inframarginal investment, and they may lead to inequitable outcomes. Critics fear that when gentrifying neighborhoods are eligible for tax incentives, they will draw investment away from the neighborhoods that need it most. However, few studies have provided empirical analysis to assess whether these concerns have merit. Through a novel geospatial analysis of the location patterns of tax-subsidized projects, this Article provides new evidence that critics’ concerns are justified.

This Article analyzes 15 years of NMTC data to explore the location patterns of tax-subsidized projects in 20 U.S. cities.

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October 5, 2021 in Colloquia, Scholarship, Tax, Tax Workshops | Permalink

Hayashi Presents Dynamic Property Taxes And Racial Gentrification Today At UC-Hastings

Andrew T. Hayashi (Virginia; Google Scholar) presents Dynamic Property Taxes And Racial Gentrification, 96 Notre Dame L. Rev. 1517 (2021), virtually at UC-Hastings today as part of its 2021 Tax Speaker Series hosted by Heather Field and Manoj Viswanathan:

Hayashi_andrew_Many jurisdictions determine real property taxes based on a combination of current market values and the recent history of market values, introducing a dynamic aspect to property taxes. By design, homes in rapidly appreciating neighborhoods enjoy lower tax rates than homes in other areas. Since growth in home prices is correlated with — and may be caused by — changing neighborhood demographics, dynamic property taxes will generally have racially disparate impacts. These impacts may explain why minority-owned homes tend to be taxed at higher rates. Moreover, the dynamic features of local property taxes may subsidize gentrification and racially discriminatory preferences.

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October 5, 2021 in Colloquia, Scholarship, Tax, Tax Workshops | Permalink

Monday, October 4, 2021

Fleming Presents The Decline Of Deferral In U.S. International Tax Planning Today At Vienna

Cliff Fleming (BYU; Google Scholar) presents The Decline of Deferral in U.S. International Tax Planning virtually at Vienna University of Economics and Business today:

JCliftonFlemingPrior to the 2017 TCJA, international tax planning by U.S. multinationals concentrated heavily on deferring U.S. residual tax on income earned in low-tax foreign countries and on enhancing the deferral benefit through cross-crediting and aggressive transfer pricing. Post TCJA, deferral planning has been rendered largely vestigial by the Section 245A dividends received deduction, the Section 965 transition tax, and the GILTI regime. Now international tax planning by U.S. multinationals focuses on maximizing the benefit of the low GILTI rate, cross-crediting within the GILTI foreign tax credit basket, minimizing Subpart F income, and shifting income from high-taxed foreign subsidiaries to low-taxed foreign subsidiaries. Aggressive transfer pricing remains an important tool.

October 4, 2021 in Colloquia, Scholarship, Tax, Tax Scholarship, Tax Workshops | Permalink

Friday, October 1, 2021

Next Week's Virtual Tax Workshops

Tuesday, October 5: Michelle D. Layser (Illinois; Google Scholar) presents Subsidizing Gentrification: A Spatial Analysis of Place-Based Tax Incentives, 11 UC Irvine L. Rev. __ (2021), virtually as part of the Georgetown Tax Law and Public Finance Workshop. If you would like to attend, please contact Brian Galle.

Tuesday, October 5: Andrew T. Hayashi (Virginia; Google Scholar) presents Dynamic Property Taxes And Racial Gentrification, 96 Notre Dame L. Rev. 1517 (2021), virtually as part of the UC-Hastings Center on Tax Law 2021 Tax Speaker Series. If you would like to attend, please email tax@uchastings.edu

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October 1, 2021 in Colloquia, Legal Education, Scholarship, Tax, Tax Workshops | Permalink

Wilking Presents Does It Matter Who Remits? Evidence From U.S. States’ Voluntary Collection Agreements Today At Florida

Eleanor Wilking (Cornell) presents Does It Matter Who Remits? Evidence from U.S. States’ Voluntary Collection Agreements (with Yeliz Kaçamak (Boglaziçi University; Google Scholar) & Tejaswi Velayudhan (UC-Irvine; Google Scholar)) virtually at Florida today as part of its Tax Policy Colloquium hosted by David Hasen.

Wilking (2021)In South Dakota v. Wayfair (2018), the Supreme Court empowered states to require remote sellers to remit sales taxes, thereby eliminating a persistent difference in the tax treatment of online and brick and mortar commerce. Despite the attention this decision received, we know little about how shifting the responsibility to remit will affect consumption or the tax system. To remedy this, we use states’ staggered adoption of Voluntary Collection Agreements (VCAs), which committed large online retailers to remit sales taxes prior to Wayfair. We find that while retailer remittance stemmed sales tax base erosion, the effective tax increase arising from greater compliance was almost fully passed through to consumers via higher tax-inclusive prices. Among consumers, we find that wealthier households bore more of the tax burden after the policy, suggesting that closing this evasion channel was distributionally neutral, or even modestly progressive.

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October 1, 2021 in Colloquia, Scholarship, Tax, Tax Workshops | Permalink

Bird-Pollan Presents Taxing The Ivory Tower Today At Boston College

Jennifer Bird-Pollan (Kentucky; Google Scholar) presents Taxing the Ivory Tower: Evaluating the Excise Tax on University Endowments virtually at Boston College today as part of its Tax Policy Collaborative hosted by James Repetti, Diane Ring, and Shu Yi Oei:

Jennifer-bird-pollan

The Tax Cuts and Jobs Act of 2017 introduced the first ever excise tax imposed on the investment income of university endowments. While it is a relatively small tax, this new law is a first step towards the exploration of taxing non-profit entities on the vast sums of wealth they hold in their endowments. In this Essay I take the new tax as a starting place for investigating the justification for tax exemption for universities and thinking through the consequences of changing our approach, both in the form of the new excise tax and possible alternatives. There remain reasons to be skeptical both about the design of the current tax and its ability to withstand the political efforts of the powerful set of universities who will be subject to it. Nonetheless, this new tax opens the door to a discussion of whether it is time to treat universities’ endowments more like the private equity funds they increasingly resemble.

Much of the attention paid to the so-called Tax Cuts and Jobs Act (TCJA) focused on the significant cut in the tax rate assessed to corporations, the creation of a deduction for non-corporate business income under the new § 199A, the elimination of a variety of tax benefits aimed at relatively lower income taxpayers, and the changes to the international tax regime. However, one change to the tax code created under this bill focused in another direction entirely, attempting, for the first time, to tax university endowments.

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October 1, 2021 in Colloquia, Scholarship, Tax, Tax Workshops | Permalink

Wednesday, September 29, 2021

Huang, Peavey & Kaercher Present Capital Gains And Transfer Tax Policy In The Build Back Better Act Today At UC-Irvine

Chye-Ching Huang, Tabetha Peavey & Michael Kaercher (NYU Tax Law Center) present Capital Gains and Transfer Tax Policy in the Build Back Better Act virtually today at UC-Irvine as part of its Tax Policy Colloquium:

UCI_Law_This session of the colloquium will discuss current administration and Congressional proposals to increase the capital gains rate, replace the step up in basis at death with taxing gains at death or reintroducing a carryover basis rule, and address shortcomings in the current estate and gift tax regime. We will also discuss the NYU Tax Law Center, the motivation behind its creation, and its role in the tax policy world and tax legislative process. 

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September 29, 2021 in Colloquia, Scholarship, Tax, Tax Scholarship, Tax Workshops | Permalink

Tuesday, September 28, 2021

Hemel Presents Law And The New Dynamic Public Finance Today At NYU

Daniel Hemel (Chicago; Google Scholar) presents Law and the New Dynamic Public Finance virtually at NYU today as part of its Tax Policy and Public Finance Colloquium hosted by Daniel Shaviro:

Hemel_danielOver the last two decades, a new movement in academic economics has challenged conventional wisdoms in optimal tax theory and generated fresh insights for real-world tax policy. Known as “the new dynamic public finance,” this movement has altered the way that economists think about labor income taxation, capital taxation, and the credibility of tax policy over time. Along the way, the NDPF literature has identified new justifications for previously perplexing features of the existing tax-and-transfer system and has called other elements of the status quo into serious question.

Mainstream economics has embraced the new dynamic public finance revolution. All the top peer-reviewed economics journals publish NDPF papers. Undergraduate public finance textbooks cover basic NDPF concepts. But legal scholars—including scholars of tax law—have largely ignored the emergence of NDPF. One notable exception is Daniel Shaviro, whose 2007 article “Beyond the Pro-Consumption Tax Consensus” highlighted NDPF’s implications for income-averaging proposals and the choice between income and consumption tax bases.3 Since then, though, only seven law review articles in the Westlaw database have even mentioned “the new dynamic public finance,” and none has sought to take stock of NDPF’s wide-ranging implications for legal analysis.

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September 28, 2021 in Colloquia, Scholarship, Tax, Tax Scholarship, Tax Workshops | Permalink

Hoopes Presents Tax Boycotts Today At Georgetown

Jeff Hoopes (North Carolina; Google Scholar) presents Tax Boycotts (with H. Scott Asay (Iowa; Google Scholar), Jacob Thorndock (BYU; Google Scholar) & Jaron Wilde (Iowa; Google Scholar)) virtually at Georgetown today as part of its Tax Law and Public Finance Workshop hosted by Brian Galle:

Jeff-hoopesTo what extent do consumers boycott in response to corporate tax planning? Anecdotes suggest consumer boycotts are a meaningful deterrent to tax planning, but empirical evidence on their frequency and impact is lacking. We undertake a comprehensive study to examine how consumers’ purchase behavior relates to corporate tax planning. First, we survey a representative sample of U.S. consumers and find that more than a third of survey participants report having boycotted a firm, but zero report having done so for taxes. Next, we use a granular dataset of nationwide Nielsen weekly purchase transactions to analyze consumer purchase behavior around corporate tax planning news events. Across a battery of tests, we find little evidence of changes in actual consumer purchase behavior in response to tax news.

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September 28, 2021 in Colloquia, Scholarship, Tax, Tax Scholarship, Tax Workshops | Permalink

Goldin Presents Whose Child Is This? Improving Child-Claiming Rules In Safety Net Programs Today At UC-Hastings

Jacob Goldin (Stanford; Google Scholar) presents Whose Child is This? Improving Child-Claiming Rules in Safety Net Programs (with Ariel Jurow Kleiman (Loyola-L.A.; Google Scholar)) virtually at UC-Hastings today as part of its 2021 Tax Speaker Series hosted by Heather Field and Manoj Viswanathan:

Goldin (2021)To address the staggering problem of child poverty in the United States, Congress may soon enact a child allowance akin to those in other high-income countries. As lawmakers debate doing so, they must consider the design of rules that determine how benefits are distributed. Among the more important of these are “child-claiming” rules. These rules determine which adults can receive benefits for which children, driving how well a program helps recipients and satisfies public goals.

This Article critically assesses the design of child-claiming rules for safety net programs, using as case studies the Child Tax Credit (CTC) and Earned Income Tax Credit (EITC). It considers how best to design child-claiming rules to achieve specific program goals, the foremost of which is supporting children’s well-being. This analysis illustrates that no single rule regime dominates for any given goal or goals. Rather, policymakers compromise between important objectives such as channeling benefits to children’s caregivers and providing flexibility to claimants’ households. Informed by a principle-driven framework, the Article considers how best to navigate these difficult tradeoffs and proposes specific child-claiming rules under several different benefit structures.

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September 28, 2021 in Colloquia, Scholarship, Tax, Tax Scholarship, Tax Workshops | Permalink

Mayer Presents What Is Caesar's, What Is God's: Fundamental Public Policy For Churches Today At San Diego

Lloyd Hitoshi Mayer (Notre Dame; Google Scholar) presents What is Caesar's, What is God's: Fundamental Public Policy for Churches, 44 Harv. J.L. & Pub. Pol'y 145 (2021), virtually at San Diego today as part of its Tax Law Speaker Series co-hosted with San Diego's Institute for Law and Religion:

Lloyd-mayerBob Jones University v. United States is a highly debated Supreme Court decision, both regarding whether it was correct and what exactly it stands for, and a rarely applied one. Its recognition of a “fundamental public policy doctrine” that could cause an otherwise tax-exempt organization to lose its favorable federal tax status remains highly controversial, although the Court has shown no inclination to revisit the case, and Congress has shown no desire to change the underlying statutes to alter the case’s result. That lack of action may be in part because the IRS applies the decision in relatively rare and narrow circumstances.

The mention of the decision during oral argument in Obergefell v. Hodges raised the specter of more vigorous and broader application of the doctrine, however. It renewed debate about what public policies other than avoiding racial discrimination in education might qualify as fundamental and also whether and to what extent the doctrine should apply to churches, as opposed to the religious schools involved in the original case. The IRS has taken the position that churches are no different than any other tax-exempt organizations in this context, although it has only denied or revoked the tax-exempt status of a handful of churches based on this doctrine.

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September 28, 2021 in Colloquia, Scholarship, Tax, Tax Scholarship, Tax Workshops | Permalink

Monday, September 27, 2021

Kleiman Presents Impoverishment By Taxation At UC-Irvine

Ariel Jurow Kleiman (Loyola-L.A.; Google Scholar) presented Impoverishment by Taxation, 170 U. Pa. L. Rev. ___ (2022), virtually at UC-Irvine last Thursday as part of its Intellectual Life Workshop Series:

6606Viewed in the aggregate, the U.S. fiscal system is progressive, reduces inequality, and cuts poverty. The system improves on market outcomes by transferring income from rich to poor. Yet this bird’s eye view rings hollow on the ground, where millions of low-income taxpayers across the United States are made poor or poorer by paying their state and federal taxes. In truth, while the U.S. fiscal system may be broadly equalizing and poverty reducing, for many struggling households, it is impoverishing.

This Article offers a new way to measure taxation of low-income households in the United States, presenting a concept called fiscal impoverishment. Taxpayers are fiscally impoverished when they are made poor or poorer by paying state and federal taxes, after accounting for the offsetting cash or near-cash public benefits they receive. Distinct from the aggregate and anonymous measures by which we typically assess our tax and transfer system, fiscal impoverishment is dynamic and individualized. It highlights individual human dignity and implicates the economic responsibilities of the state vis-à-vis low-income taxpayers.

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September 27, 2021 in Colloquia, Scholarship, Tax, Tax Scholarship, Tax Workshops | Permalink

Friday, September 24, 2021

Next Week's Virtual Tax Workshops

Monday, September 27: Eric Kades (William & Mary; Google Scholar) will present A New Feudalism: Selfish Genes, Great Wealth and the Rise of the Dynastic Family Trust virtually at Loyola-L.A. as part of its Tax Policy Colloquium. If you would like to attend, please RSVP here

Tuesday, September 28: Daniel Hemel (Chicago; Google Scholar) will present Law and the New Dynamic Public Finance virtually at NYU as part of its Tax Policy and Public Finance Colloquium. If you would like to attend, please contact Daniel Shaviro.

Tuesday, September 28: Jacob Goldin (Stanford; Google Scholar) will present Whose Child is This? Improving Child-Claiming Rules in Safety Net Programs (with Ariel Jurow Kleiman (Loyola-L.A.; Google Scholar)) virtually at UC-Hastings as part of its 2021 Tax Speaker Series. If you would like to attend, please contact Heather Field and Manoj Viswanathan.

Tuesday, September 28: Jeff Hoopes (North Carolina; Google Scholar) will present Tax Boycotts (with H. Scott Asay (Iowa Tippie College of Business; Google Scholar), Jacob Thorndock (BYU; Google Scholar) & Jaron Wilde (Iowa; Google Scholar)) virtually at Georgetown as part of its Tax Law and Public Finance Workshop. If you would like to attend, please contact Brian Galle

Wednesday, September 29: Chye-Ching Huang, Tabetha Peavey & Michael Kaercher (NYU Tax Law Center) will present Capital Gains and Transfer Tax Policy in the Build Back Better Act virtually at UC-Irvine as part of its Tax Policy Colloquium. If you would like to attend, please register here

Friday, October 1: Eleanor Wilking (Cornell) will present Does It Matter Who Remits? Evidence from U.S. States’ Voluntary Collection Agreements (with Yeliz Kaçamak (Boglaziçi University; Google Scholar) & Tejaswi Velayudhan (UC-Irvine; Google Scholar)) virtually at Florida as part of its Tax Policy Colloquium. If you would like to attend, please contact David Hasen

Friday, October 1: Jennifer Bird-Pollan (Kentucky; Google Scholar) will present Taxing the Ivory Tower: Evaluating the Excise Tax on University Endowments virtually at Boston College as part of its Tax Policy Collaborative. If you would like to attend, please contact James RepettiDiane Ring, or Shu Yi Oei

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September 24, 2021 in Colloquia, Legal Education, Scholarship, Tax, Tax Scholarship, Tax Workshops | Permalink

Tuesday, September 21, 2021

Pepin Presents A Permanently Refundable Child And Dependent Care Credit Today At Georgetown

Gabrielle Pepin (Upjohn Institute; Google Scholar) presents How Would a Permanently Refundable Child and Dependent Care Credit Affect Eligibility, Benefits, and Incentives? virtually at Georgetown today as part of its Tax Law and Public Finance Workshop:

Gabrielle_Pepin_2The federal Child and Dependent Care Credit (CDCC) subsidizes child care costs for working families. Before 2021, the CDCC was nonrefundable, so only families with positive tax liability after other deductions benefited. I estimate how CDCC eligibility, benefits, and marginal tax rates would change if the credit were made permanently refundable, relative to 2020 CDCC parameters set to be restored in 2022. Under refundability, some 5 percent of single parents gain eligibility and receive on average over $1,000 annually. Eligibility increases are largest among Black and Hispanic households. Increases in marginal tax rates among moderate-income taxpayers are small.

Conclusion
In this paper, I show that making the CDCC permanently refundable would increase eligibility and benefits among low-income taxpayers, who do not tend to benefit from other child care subsidy programs, such as dependent care FSAs. Furthermore, refundability would lead to particularly large increases in eligibility among Black and Hispanic households, which are relatively unlikely to qualify for the nonrefundable CDCC. Turning to intensive margin labor supply incentives, refundability would decrease marginal tax rates with respect to income among very-low-income taxpayers. Moderate-income taxpayers would experience small increases in marginal tax rates with respect to income but decreases in marginal tax rates with respect to child care expenditures.

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September 21, 2021 in Colloquia, Scholarship, Tax, Tax Scholarship, Tax Workshops | Permalink

PAC-12 Law Schools Weekly Zoom Series On Access To Justice

PAC12

The law schools in the PAC-12 are hosting a free Zoom 10-week lecture series on Tuesdays on Access to Justice (Sept. 21 - Nov. 30 schedule) Jody Armour (USC) kicks off the series today with Negrophobia and Reasonable Racism: Race, Language, Unequal Justice, and the Law:

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September 21, 2021 in Colloquia, Legal Education | Permalink

Monday, September 20, 2021

Book, Fogg & Olson Present Reducing Administrative Burdens To Protect Taxpayer Rights Today At Loyola-L.A.

Leslie Book (Villanova; Google Scholar), T. Keith Fogg (Harvard), & Nina Olson (Center for Taxpayer Rights) present Reducing Administrative Burdens to Protect Taxpayer Rights virtually today at Loyola-L.A. as part of its Tax Policy Colloquium:

Book-fogg-olsonThe tax system designed by Congress imposes significant administrative burdens on taxpayers. IRS decisions regarding how it administers tax laws can add to congressionally imposed burdens. The administrative burdens are consequential and hurt some people, especially lower- or moderate-income individual taxpayers, more than others. While the IRS strives to measure and reduce the time and money taxpayers spend to comply with their tax obligations, it does not consider the effect administrative burdens have on taxpayer rights, including the right to be informed, the right to pay no more than the correct amount of tax, and the right to a fair and just tax system.

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September 20, 2021 in Colloquia, Scholarship, Tax, Tax Scholarship, Tax Workshops | Permalink

Friday, September 17, 2021

Kim Presents A New Framework For Digital Taxation Today At Boston College

Christine Kim (Utah; Google Scholar) presents A New Framework for Digital Taxation (with Reuven Avi-Yonah (Michigan; Google Scholar) & Karen Sam)) virtually at Boston College today as part of its Tax Policy Collaborative:

Christine-kimThe international tax regime has wide implications for business, trade, and the international political economy. Under current law, multinational enterprises do not pay their fair share of taxes to market countries where profits are generated because market countries are only allowed to tax companies with a physical presence there. Digital companies, like Google and Amazon, can operate entirely online, thereby avoiding market country taxes. Multinationals can also exploit existing tax rules by shifting their profits to low-tax jurisdictions, thereby avoiding taxes in the residence country where their headquarters are located.

Recently, a proposal to tackle these issues was announced, endorsed by more than 130 countries. This “Inclusive Framework” proposal sets forth two Pillars to reform the outdated international tax regimes by addressing digital taxation (Pillar One) and global minimum tax (Pillar Two). However, it is doubtful that the Inclusive Framework will reach a consensus, especially on Pillar One. As the details of Pillar One have become increasingly complex and degraded by political compromises and carve-outs, it risks being a framework without substance. Also, countries are unlikely to repeal an established tax instrument, Digital Services Taxes (DSTs), which is an adamant requirement of the United States in adopting Pillar One.

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September 17, 2021 in Colloquia, Scholarship, Tax, Tax Scholarship, Tax Workshops | Permalink

Next Week's Virtual Tax Workshops

Monday, September 20: Leslie Book (Villanova; Google Scholar), T. Keith Fogg (Harvard), & Nina Olson (Center for Taxpayer Rights) will present Reducing Administrative Burdens to Protect Taxpayer Rights virtually at Loyola as part of its Tax Policy Colloquium. If you would like to attend, please RSVP here

Tuesday, September 21: Gabrielle Pepin (Upjohn Institute; Google Scholar) will present How Would a Permanently Refundable Child and Dependent Care Credit Affect Eligibility, Benefits, and Incentives? virtually at Georgetown as part of its Tax Law and Public Finance Workshop. If you would like to attend, please contact Brian Galle

Wednesday, September 22: Tessa Davis (South Carolina) will present Tax Narratives: A Critical Tax Perspective on the Biden Tax Plan virtually at Copenhagen as part of its Tax Colloquium Seminars. If you would like to attend, please register here

Wednesday, September 22: Ruth Mason (Virginia; Google Scholar) & Michael Knoll (Penn) will present Unbundling Undue Burdens virtually at UC-Irvine as part of its Tax Policy Colloquium. If you would like to attend, please contact gradtax@law.uci.edu

Thursday, September 23: Francine Lipman (UNLV; Google Scholar) will present Tax Audits, Economics, and Racism virtually at Indiana as part of its Tax Policy Colloquium. If you would like to attend, please contact Leandra Lederman

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September 17, 2021 in Colloquia, Legal Education, Scholarship, Tax, Tax Scholarship, Tax Workshops | Permalink

Friday, September 10, 2021

Next Week's Virtual Tax Workshops

Monday, September 13: Guido Alfani (Bocconi; Google Scholar) will present Economic Inequality in Preindustrial Times: Europe and Beyond virtually at Loyola as part of its Tax Policy Colloquium. If you would like to attend, please RSVP here

Tuesday, September 14: John Brooks (Georgetown; Google Scholar) & David Gamage (Indiana; Google Scholar) will present The Indirect Tax Canon, Apportionment, and Drafting a Constitutional Wealth Tax virtually at NYU as part of its Tax Policy and Public Finance Colloquium. If you would like to attend, please contact Daniel Shaviro

Wednesday, September 15: Allison Christians (McGill; Google Scholar) will present Tax Cooperation in an Unjust World virtually at UCI as part of its Tax Policy Colloquium. If you would like to attend, please contact taxpolicy@law.uci.edu

Friday, September 17: Christine Kim (Utah; Google Scholar) will present A New Framework for Digital Taxation (with Reuven Avi-Yonah (Michigan; Google Scholar) & Karen Sam) virtually at Boston College as part of its Tax Policy Collaborative. If you would like to attend, please contact lawevent@bc.edu

Friday, September 17: Ruth Mason (Virginia; Google Scholar) & Michael Knoll (Penn) will present Unbundling Undue Burdens virtually at Florida as part of its Tax Policy Colloquium. If you would like to attend, please contact Ruth McIlhenny

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September 10, 2021 in Colloquia, Legal Education, Scholarship, Tax, Tax Workshops | Permalink

Wednesday, September 8, 2021

Oei Presents World Tax Policy In The World Tax Polity Today At Copenhagen

Shu-Yi Oei (Boston College; Google Scholar) presents World Tax Policy in the World Tax Polity? An Event History Analysis of OECD/G20 BEPS Inclusive Framework Membership virtually today as part of the Copenhagen Business School Tax Colloquium hosted by Yvette Lind.

Shuyi-oeiThe last decade has seen the emergence of a new global tax order characterized by increased multilateral consensus and cooperation. World polity theory appears to be an obvious theoretical fit for conceptualizing this new order, which has been spearheaded by the OECD and G20. But what are the pathways by which this new “world tax polity” has emerged? Using event history regression methods, this Article investigates this question by studying the case of the OECD/G20 BEPS Inclusive Framework, a multilateral framework that currently includes 140 member countries, including 96 non-OECD, non-G20 countries.

How did these countries come to join the BEPS Inclusive Framework? World polity theory posits that the new multilateral Inclusive Framework could have been driven by normative, coercive, or mimetic processes. Of these possibilities, my Article finds that Inclusive Framework membership seems to have proliferated through a combination of normative and coercion-based pathways. Specifically, acculturation through prior involvement in certain OECD tax initiatives and inclusion in contemporaneous European Union tax haven “listing” (naming and shaming) processes was associated with a significantly higher hazard of Framework membership. By contrast, imitation of other countries did not appear to be a significant pathway.

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September 8, 2021 in Colloquia, Scholarship, Tax, Tax Scholarship, Tax Workshops | Permalink

Friday, September 3, 2021

Next Week's Virtual Tax Workshop

Thursday, September 9: Clint Wallace (South Carolina; Google Scholar) will present The Democracy Criterion for Taxation virtually at Indiana as part of its Tax Policy Colloquium Series. If you would like to attend, please contact Leandra Lederman

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September 3, 2021 in Colloquia, Legal Education, Scholarship, Tax, Tax Workshops | Permalink

Friday, August 20, 2021

Next Week's Virtual Tax Workshop

Thursday, August 26: Jonathan Choi (Minnesota) will present Beyond Purposivism in Tax Law virtually as part of the Maurer School of Law's Tax Policy Colloquium. If you would like to attend, please contact Leandra Lederman

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August 20, 2021 in Colloquia, Legal Education, Scholarship, Tax, Tax Workshops | Permalink

Friday, July 16, 2021

Next Week's Virtual Tax Workshop

Thursday, July 22: Joachim English (Universität Münster) will present International Effective Minimum Taxation – OECD/G20 Pillar Two (“GloBE”) virtually as part of the Indiana/Leeds Summer Zoom Tax Workshop Series. If you would like to attend, please contact Leandra Lederman or Leopoldo Parada.

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July 16, 2021 in Colloquia, Legal Education, Scholarship, Tax, Tax Workshops | Permalink

Báez Presents The UN Model Tax Convention On Automated Digital Services Today At The Indiana/Leeds Summer Zoom Tax Workshop Series

Andrés Báez (Universidad Carlos III de Madrid) presents Because Not Always B Comes After A: Critical Reflections on the new Article 12B of the UN Model Tax Convention on Automated Digital Services virtually today as part of the Indiana/Leeds Summer Zoom Tax Workshop Series hosted by Leandra Lederman (Indiana) and Leopoldo Parada (Leeds):

Baez-aProposals to try to meet the challenges of the digital economy through a more or less extensive system of withholding taxes at source are a not great novelty. However, in recent times, these proposals have gained new academic impetus in parallel with the work that, since 2013, and in line with the BEPS Plan, the Organisation for Economic Cooperation and Development (OECD) has been developing concerning taxation of the digitalized economy. 

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July 16, 2021 in Colloquia, Scholarship, Tax, Tax Workshops | Permalink

Friday, July 9, 2021

Next Week's Virtual Tax Workshop

Friday, July 16: Andrés Báez (Universidad Carlos III de Madrid) will present Because Not Always B Comes After A: Critical Reflections on the new Article 12B of the UN Model Tax Convention on Automated Digital Services virtually as part of the Indiana/Leeds Summer Zoom Tax Workshop Series. If you would like to attend, please contact Leandra Lederman or Leopoldo Parada.

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July 9, 2021 in Colloquia, Legal Education, Scholarship, Tax, Tax Workshops | Permalink

Shaviro Presents Economics, Law, And Politics Of Increased Taxation Of Multinationals Today At The Indiana/Leeds Summer Zoom Tax Workshop Series

Daniel Shaviro (NYU) presents The Economics, Law, and National Politics of Seeking Increased Taxation of Multinationals virtually today as part of the Indiana/Leeds Summer Zoom Tax Workshop Series hosted by Leandra Lederman (Indiana) and Leopoldo Parada (Leeds):

Daniel-shaviro-indiana-leedsIt seems like only yesterday that what one might call the “end of history” in corporate and international tax policy appeared to be at hand. Over time, global tax competition was driving down countries’ corporate income tax revenues, relative to their gross domestic products (GDPs). Statutory corporate tax rates were likewise moving downwards, with a predicted endpoint of zero that some experts favored reaching sooner, rather than later. Meanwhile, with regard to the taxation of multinational companies, the world was said to be marching inexorably towards the universal replacement of worldwide residence-based taxation with that which was purely territorial, or source-based. Proponents lauded this shift as both benign and inevitable, and tended not to emphasize the fact that existing, putatively territorial, systems tended in practice to be “hybrids” that retained significant elements of residence-based taxation of home companies’ foreign source income (FSI).

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July 9, 2021 in Colloquia, Scholarship, Tax, Tax Scholarship, Tax Workshops | Permalink

Wednesday, July 7, 2021

Blank Presents Presidential Tax Transparency Today At UC-Irvine

Joshua Blank (UC-Irvine; Google Scholar) presents Presidential Tax Transparency, 40 Yale L. & Pol'y Rev. __ (2021), virtually today at the UC-Irvine School of Law Intellectual Life Workshop.

Joshua-blankWhether the public should have access to the tax returns of the President of the United States, and those who seek the office, is the focus of acute attention and debate.  President Donald Trump’s refusal to disclose his tax returns throughout his campaigns and presidency has fueled multiple legislative public disclosure proposals.  In March 2021, the U.S. House of Representatives passed legislation as part of the For the People Act of 2021 that would require Presidents, Vice Presidents, and nominees to publicly disclose several years of their tax returns through the Federal Election Commission.  Dozens of state legislatures have considered similar requirements for candidates who seek to appear on state primary and general election ballots.  Proponents of these measures argue that public disclosure of tax returns could expose conflicts of interest, reveal the President’s and candidates’ annual tax liability and tax rates, and, most importantly, enable the public to observe whether the President or candidates have engaged in tax evasion, pursued tax shelters and other tax avoidance, and participated in audits or tax controversies with the IRS.

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July 7, 2021 in Colloquia, Scholarship, Tax, Tax Scholarship, Tax Workshops | Permalink

Friday, July 2, 2021

Next Week's Virtual Tax Workshop

Cauble Presents Electing Second Choice Tax Outcomes Today At The Indiana/Leeds Summer Zoom Tax Workshop Series

Emily Cauble (DePaul) presents Electing Second Choice Tax Outcomes virtually today as part of the Indiana/Leeds Summer Zoom Tax Workshop Series hosted by Leandra Lederman (Indiana) and Leopoldo Parada (Leeds):

Indiana LeedsIn many instances, taxpayers can select among different available tax outcomes by simply filing (or not filing) a tax election. Oftentimes, taxpayers file tax elections on a protective basis. When a taxpayer believes that filing an election may not be necessary but files it just in case, the taxpayer is filing a “protective tax election.” While existing academic literature explores various aspects of tax elections, the filing of tax elections on a protective basis has not been addressed. This Article begins to fill that gap.

In some circumstances, the tax outcome that follows from making a protective tax election is not necessarily what the taxpayer intends to claim. A taxpayer might plan to claim a given tax outcome but be wary of a risk that the claim will fail. The taxpayer files a protective tax election to opt for the taxpayer’s second choice. In other words, the taxpayer uses the election to ensure that, if the taxpayer’s intended claim does fail, the alternative tax treatment imposed upon the taxpayer is more favorable than what would befall the taxpayer in the absence of the protective tax election.

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July 2, 2021 in Colloquia, Scholarship, Tax, Tax Workshops | Permalink

Friday, June 25, 2021

Hammerl & Zechner Present Taxing Profit And Consumption In The Digital Era Today At The Indiana/Leeds Summer Zoom Tax Workshop Series

Stefan Hammerl (Graz) & Lily Zechner (Graz) present Taxing Profit and Consumption in Market Jurisdictions: Equity and Administrability in the Digital Era virtually today as part of the Indiana/Leeds Summer Zoom Tax Workshop Series hosted by Leandra Lederman (Indiana) and Leopoldo Parada (Leeds):

Indiana LeedsAgainst the backdrop of a digitalized economy and a multitude of digital business models, policymakers from around the world are seeking consensus concerning an appropriate allocation of taxing rights. While there is widespread acceptance that consumption taxes should be levied in market jurisdictions, this is not yet the case in corporate income taxation. In an effort to counteract base erosion and profit shifting and more generally, reduce tax avoidance opportunities, the international community is now working to advance the ‘destination principle’ in a broader context. The notion of taxing profit and consumption in market jurisdictions can further equity among states. However, taxation in market jurisdictions can be afflicted with considerable tax compliance and enforcement difficulties, which can lead to inequitable results among taxpayers.

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June 25, 2021 in Colloquia, Scholarship, Tax, Tax Workshops | Permalink

Next Week's Virtual Tax Workshop

Friday, July 2: Emily Cauble (DePaul) presents Electing Second Choice Tax Outcomes virtually as part of the Indiana/Leeds Summer Zoom Tax Workshop Series. If you would like to attend, please contact Leandra Lederman or Leopoldo Parada.

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June 25, 2021 in Colloquia, Legal Education, Scholarship, Tax, Tax Scholarship, Tax Workshops | Permalink

Monday, June 21, 2021

Hasen Presents Forget (Arguing About) Redistribution Virtually Today At Florida

David Hasen (Florida; Google Scholar) presents Forget (Arguing About) Redistribution virtually at Florida today as part of its Summer Virtual Workshop Series:

David-hasenReformers often argue that the benefits of ameliorating inequality are worth the cost in reduced economic efficiency that supposedly results from redistributive social policy. This paper suggests that these arguments are mostly misplaced. Focusing solely on the marginal benefit of government- versus private-sector spending, there is ample reason to conclude that many governmental expenditures directed to reducing inequality are independently justifiable on the basis that they increase efficiency, even as they also reduce inequality. Because the efficiency argument directly addresses concerns that might otherwise counsel restraint in redistributive programs, treating the reduction of inequality as a worthwhile tradeoff against efficiency is mostly counterproductive from a social policy perspective. Reformers instead should engage proponents of economic efficiency on their own terms. In making this argument, the paper develops the concept of “budget policy endogeneity,” or the idea that the affordability or not of various programs must take into account the allocative and distributional effects of current spending on the future allocation of wealth, since revenue for current projects may be raised in the future.

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June 21, 2021 in Colloquia, Scholarship, Tax, Tax Scholarship, Tax Workshops | Permalink

Friday, June 18, 2021

Next Week's Virtual Tax Workshops

Monday, June 21: David Hasen (Florida; Google Scholar) will present Forget (Arguing About) Redistribution virtually at Florida as part of its Summer Virtual Workshop Series. If you would like to attend, please contact Charlene Luke.

Friday, June 18: Stefan Hammerl (Graz) & Lily Zechner (Graz) will present Taxing Profit and Consumption in Market Jurisdictions: Equity and Administrability in the Digital Era virtually as part of the Indiana|Leeds Summer Zoom Tax Workshop Series. If you would like to attend, please contact Leandra Lederman or Leopoldo Parada.

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June 18, 2021 in Colloquia, Legal Education, Scholarship, Tax, Tax Scholarship, Tax Workshops | Permalink

Liscow Presents The Psychology Of Taxing Capital Income Today At The Indiana|Leeds Summer Zoom Tax Workshop Series

Zachary Liscow (Yale; Google Scholar) presents The Psychology of Taxing Capital Income: Evidence from a Survey Experiment on the Realization Rule) (with Edward Fox (Michigan; Google Scholar)) (reviewed by David Elkins (Netanya) here) virtually today as part of the Indiana|Leeds Summer Zoom Tax Workshop Series hosted by Leandra Lederman (Indiana) and Leopoldo Parada (Leeds):

Indiana LeedsHow to tax capital income is a critical issue today. The realization rule—requiring that property usually must be sold before gains are taxed—is central to taxing capital income, but often decreases the efficiency, equity, and simplicity of the tax system. Estimates suggest that the realization rule costs the government over $2 trillion over 10 years. Given these problems, it is unclear why the rule exists for assets that are easy to value and sell. Scholars have long speculated about the role of the public’s views here, but little is known empirically about them. We conduct the first survey experiment to understand the psychology of the realization rule, which has broad implications for the taxation of capital income. We have three main findings.

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June 18, 2021 in Colloquia, Scholarship, Tax, Tax Scholarship, Tax Workshops | Permalink

Friday, June 11, 2021

Next Week's Virtual Tax Workshop

Titus PresentsTax Policy For Developing Countries Today At The Indiana/Leeds Summer Zoom Tax Workshop Series

Afton Titus (Cape Town; Google Scholar) presents Tax Policy for the Future of Developing Countries: The Synergies Between Covid-19 and Automation virtually today as part of the Indiana/Leeds Summer Zoom Tax Workshop Series hosted by Leandra Lederman (Indiana) and Leopoldo Parada (Leeds):

TitusThe COVID-19 global pandemic has devastated economies around the world – an impact which is miniscule compared to the toll it has taken on human lives. Daring to see that something good may come from this tragedy, this paper argues that there are clear synergies to be drawn between the health measures required as a consequence of the global pandemic and the opportunities offered by automation and digital technologies. It is further argued that the tax policies adopted to check the impact of COVID-19 may be adapted to better harness the
potential prospect of improved productivity that automation offers.

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June 11, 2021 in Colloquia, Legal Education, Scholarship, Tax, Tax Scholarship, Tax Workshops | Permalink

Alstott Discusses Building A Law And Political Economy Framework: Beyond The 20th-Century Synthesis Virtually Today At The Oxford-Virginia Legal Dialogs: Tax Meets Non-Tax Series

Anne Alstott (Yale) provides commentary on Jedediah Britton-Purdy (Columbia), David Singh Grewal (UC-Berkeley), Amy Kapczynski (Yale) & Sabeel K. Rahman (Brooklyn), Building a Law-and-Political-Economy Framework: Beyond the Twentieth-Century Synthesis, 129 Yale L.J. 1784 (2020), virtually today at the Oxford-Virginia Legal Dialogs: Tax Meets Non-Tax Series hosted by Tsilly Dagan and Ruth Mason. Here is the abstract of the article:

Alstott_anne_ala23-2017We live in a time of interrelated crises. Economic inequality and precarity, and crises of democracy, climate change, and more raise significant challenges for legal scholarship and thought. “Neoliberal” premises undergird many fields of law and have helped authorize policies and practices that reaffirm the inequities of the current era. In particular, market efficiency, neutrality, and formal equality have rendered key kinds of power invisible, and generated a skepticism of democratic politics. The result of these presumptions is what we call the Twentieth-Century Synthesis: a pervasive view of law that encases “the market” from claims of justice and conceals it from analyses of power.

This Feature offers a framework for identifying and critiquing the Twentieth-Century Synthesis. This is also a framework for a new “law-and-political-economy approach” to legal scholarship. We hope to help amplify and catalyze scholarship and pedagogy that place themes of power, equality, and democracy at the center of legal scholarship.

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June 11, 2021 in Colloquia, Legal Education, Scholarship, Tax, Tax Scholarship, Tax Workshops | Permalink

Friday, June 4, 2021

Next Week's Virtual Tax Workshops

Friday, June 11: Afton Titus (Cape Town; Google Scholar) will present Tax Policy for the Future of Developing Countries: The Synergies Between Covid-19 and Automation virtually as part of the Indiana/Leeds Summer Zoom Tax Workshop Series. If you would like to attend, please contact Leandra Lederman or Leopoldo Parada.

Friday, June 11: Anne Alstott (Yale) will commentate on Building a Law-and-Political-Economy Framework: Beyond the Twentieth-Century Synthesis, 129 Yale L. J. 1784 (2020), by Jedediah Britton-Purdy (Columbia), David Singh Grewal (UC-Berkeley), Amy Kapczynski (Yale), and Sabeel K. Rahman (Brooklyn) virtually at the Oxford-Virginia Legal Dialogs: Tax Meets Non-Tax Series. If you would like to attend, please contact Tsilly Dagan or Ruth Mason.

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June 4, 2021 in Colloquia, Legal Education, Scholarship, Tax, Tax Scholarship, Tax Workshops | Permalink

Ordower Presents A Utopian BEPS Alternative Today At The Indiana/Leeds Summer Zoom Tax Workshop Series

Henry Ordower (St. Louis) presents Uniform International Tax Collection and Distribution for Global Development, a Utopian BEPS Alternative, 12 Colum. J. Tax L. 126 (2021), virtually today as part of the Indiana/Leeds Summer Zoom Tax Workshop Series hosted by Leandra Lederman (Indiana) and Leopoldo Parada (Leeds):

OrdowerUnder the guise of compelling multinational enterprises (MNEs) to pay their fair share of income taxes, the OECD and other multinational agencies have introduced proposals to prevent MNEs from eroding the income tax base of developed economies by continuing to shift income artificially to low or zero tax jurisdictions. Some of the proposals have garnered substantial multinational support, including recent support from the new U.S. presidential administration for a global minimum tax. This Article reviews many of those international proposals. The proposals tend to concentrate the incremental tax revenue from the prevention of base erosion into the treasuries of the developed economies although the minimum tax proposal known as GloBE encourages low tax countries to adopt the minimum rate. The likelihood that zero tax countries will transition successfully to imposing the minimum tax seems uncertain.

Developed economies lack a compelling moral claim to incremental revenue so this Article argues that collecting a fair tax from MNEs and other taxpayers should be a goal that is independent of claims on that revenue. This Article maintains that to prevent tax base erosion, the income tax base and administration must be uniform across national borders and the Article recommends applying uniform rules administered by an international taxing agency. The Article explores the convergence of tax rules under such an international taxing agency.

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June 4, 2021 in Colloquia, Scholarship, Tax, Tax Scholarship, Tax Workshops | Permalink

Saturday, May 29, 2021

Next Week's Virtual Tax Workshop