日本の解説でもとりあげられており，セミナーも開かれていた。９月９日に大統領が承認，２０１７年４月までに実施予定という。長年の懸案が一歩前進した格好。
なお１０月２９日に日印条約改正議定書が発効。１１月１０－１２日にモディ首相訪日。
16 November 2016
High-end inequalityの新論文が出ていた
New article published, discussing high-end inequality
My article, The Mapmaker’s Dilemma in Evaluating High-End Inequality, has just been published by the University of Miami Law Review. The official cite is 71 University of Miami Law Review 83-159 (2016), and it’s available here.
The abstract goes as follows:
“The last thirty years have witnessed rising income and wealth concentration among the top 0.1% of the population, leading to intense political debate regarding how, if at all, policymakers should respond. Often, this debate emphasizes the tools of public economics, and in particular optimal income taxation. However, while these tools can help us in evaluating the issues raised by high-end inequality, their extreme reductionism—which, in other settings, often offers significant analytic payoffs—here proves to have serious drawbacks. This Article addresses what we do and don’t learn from the optimal income tax literature regarding high-end inequality, and what other inputs might be needed to help one evaluate the relevant issues.”
The piece was adapted from what used to be chapter 2 of my book-in-progress, Enviers, Rentiers, Arrivistes, and the Point-One Percent: What Literature Can Tell Us About High-End Inequality, In effect, it serves to explain why one might want to look at contemporary literature in this regard, rather than confining oneself to tools from public economics and other “hard” social sciences. But as it happens, I have decided not to include almost any of the material from this chapter in the book. Instead, material from maybe 3 to 5 pages of it has been adapted to fit into the book’s chapter 1, and the book then goes straight to the fun stuff, starting with Jane Austen’s Pride and Prejudice in what is now chapter 2. Ensuing chapters that I have written to this point address Stendhal’s Le Rouge et le Noir, Balzac’s Pere Goriot, Dickens’s A Christmas Carol, Trollope’s The Way We Live Now, and (albeit only about half-done) Forster’s Howards End. The chapter after that will cross the Great Pond and look at Horatio Alger (to be followed by Dreiser’s The Financier and/or The Titanand then Wharton’s House of Mirth).
Bitcoin課税の新論文がでていた
Rethinking Basis in the Age of Virtual Currencies
Adam Chodorow
In Notice 2014-21, the IRS announced that virtual currencies
like Bitcoin would be treated as property—and not foreign
currency—for income tax purposes. As a result, taxpayers may owe
tax each time they sell or spend such currency. The IRS also declared
that the traditional “stand-alone” basis rules would apply to virtual
currency. This decision permits taxpayers to manipulate their tax
liability by picking and choosing which virtual coins to dispose of. In
this Article, I argue that taxpayers should be required to pool the
basis of their virtual currency to ensure that tax gains and losses
match realized economic gains and losses.
Over the years, politicians of both stripes have proposed pooling
basis for securities and inventory, to no avail. The rise of virtual
currencies offers a rare opportunity to re-examine the basis rules for
such assets. Allowing taxpayers to manipulate their tax results
without changing their economic gains or losses undermines the tax
system and permits taxpayers to take advantage of the time value of
money to reduce their real-world taxes. In the second half of this
article, I argue that either Congress or the IRS, exercising its
regulatory authority, should require taxpayers to pool basis for a
wide variety of fungible assets, including securities and inventory.
Adam Chodorow
In Notice 2014-21, the IRS announced that virtual currencies
like Bitcoin would be treated as property—and not foreign
currency—for income tax purposes. As a result, taxpayers may owe
tax each time they sell or spend such currency. The IRS also declared
that the traditional “stand-alone” basis rules would apply to virtual
currency. This decision permits taxpayers to manipulate their tax
liability by picking and choosing which virtual coins to dispose of. In
this Article, I argue that taxpayers should be required to pool the
basis of their virtual currency to ensure that tax gains and losses
match realized economic gains and losses.
Over the years, politicians of both stripes have proposed pooling
basis for securities and inventory, to no avail. The rise of virtual
currencies offers a rare opportunity to re-examine the basis rules for
such assets. Allowing taxpayers to manipulate their tax results
without changing their economic gains or losses undermines the tax
system and permits taxpayers to take advantage of the time value of
money to reduce their real-world taxes. In the second half of this
article, I argue that either Congress or the IRS, exercising its
regulatory authority, should require taxpayers to pool basis for a
wide variety of fungible assets, including securities and inventory.
ABA Tax Sectionも、Tax Times11月号を公開していた
これもずいぶん活動的。Bitcoinの論文もある。
VOL. 36 NO. 1 - NOVEMBER 2016
FROM THE CHAIR
Boston Meeting Successes, and More to Come
We had a great joint meeting in Boston with the Real Property, Trust and Estate Law Section at the end of September. There were approximately 1,100 in attendance, and I was inspired by the enthusiasm about the activities of the Tax Section for the coming year. We have a lot of work to do, and we are going to have a good time doing it.
PEOPLE IN TAX
Interview with Anne-Marie Rábago
Anne-Marie Rábago recently joined the State Bar of Texas as Director of the Texas Opportunity & Justice Incubator in Austin. We interviewed her at the Joint Fall Meeting in Boston to talk about the incubator movement and the access to justice gap.
AT COURT
Implications of Bitcoin Not Being Actual Currency: The Espinoza Case
Bitcoin is not the first virtual currency. It has, however, garnered significant attention by being embroiled in several scandals. Through the lense of the Espinoza case, this article examinations the tax implications of selling bitcoin.
PRACTICE POINTS
Are Insurance Bad Faith Recoveries Taxable?
Are insurance bad faith litigation recoveries taxable? The annoying answer is that it depends. This answer may be a bit less annoying with a brief description of what a bad faith claim may entail. It may be a tort or a contract claim, depending on the facts and the jurisdiction. It may be brought against one’s own insurance carrier, or sometimes, even against someone else’s carrier.
Recent Developments Affecting Qualified and Nonqualified Deferred Compensation, Part II: The New Department of Labor Fiduciary Rule
As of June 30, 2016, total U.S. retirement plan assets were $24.5 trillion, more than twice the $11.6 trillion reported for 2000. That is a very large amount of money—significantly larger than the GDP of the United States or China. The largest single component of retirement plan assets is held in IRAs, considerably more than those held in 401(k) plans. In addition to these tax-favored retirement savings, many employers make additional “nonqualified” deferred compensation available to their high-level employees.
OPINION POINT
Time to Change the Casualty Loss Deduction
Eight of the ten most costly disasters in U.S. history have happened in the last 15 years. Some of these—especially 9/11 and Hurricane Katrina—triggered unprecedented tax relief for casualty losses. Others, such as Hurricane Sandy, led to no additional tax relief whatsoever. The increased likelihood of all casualties, coupled with the escalating costs of major disasters, makes reconsideration of the tax treatment of casualty losses a timely and important issue.
PRO BONO MATTERS
Getting to Know the Commonwealth Formerly Known as “Taxachusetts”
Reflecting on the location of the Section’s recent Joint Fall CLE Meeting in Boston, this article examines Massachusetts’ rich tax history and its impacts on its lower income residents.
PATHS IN TAX
C. David Anderson on Stress in Tax Practice
This edition of Paths in Tax changes course slightly to address a topic of perennial, albeit muted, concern within the tax bar—emotional health and anxiety management. Our featured member, solo practitioner C. David Anderson, articulates our collective challenge in a new way. He then provides useful advice to mitigate damage that may be done to emotional health in the course of practicing our chosen profession.
IN THE STACKS
Taxation of Entertainers, Athletes, and Artists
Attorneys and students alike will rejoice to discover there is such a thing as a tax book that is agreeable to read. While tax practitioners may find Taxation of Entertainers, Athletes, and Artists overly basic, the rest of us will appreciate its depth and clarity. It boasts the accessibility of a study aid and the straightforwardness of a practice manual.
Call for Book Reviews
The move to a digital-only format has allowed ATT to expand the types of materials we publish. One new feature is reviews of books and articles on topics of interest to our members.
YOUNG LAWYERS CORNER
Attending an ABA Tax Section Meeting as a Young Lawyer
Attending an ABA Tax Section meeting can be intimidating for a law student or young lawyer. This article provides a glimpse into the different YLF activities at Tax Section meetings and throughout the year, focusing specifically on YLF panels at the most recent Fall meeting in Boston.
TAX BITS
Election Fever Reruns
Sing along with Tax Bits to the tune of “Let’s Call the Whole Thing Off” and "You Can’t Take That Away" by George and Ira Gershwin.
SECTION NEWS
Government Submissions Boxscore
Since January 1, 2016, the Section has coordinated the following government submissions, which are available to the public on the Section’s website.
Section Testimony Before the U.S. House of Representatives Committee on Small Business
On September 14, 2016, the House Committee on Small Business met to discuss the IRS examination process as it pertains to small businesses. Ms. Jennifer E. Breen, vice chair of the Administrative Practice Committee, represented the Section of Taxation at the hearing.
ANNOUNCEMENTS
Accepting Nominations for the 2017 Nolan Fellowships
Named for the late Jack Nolan, a dedicated and respected Tax Section member, the Nolan Fellow distinction is awarded to young lawyers who are actively involved in the Section and have shown leadership qualities.
Accepting Nominations for the 2017 Janet Spragens Pro Bono Award
The Pro Bono Award Committee is pleased to announce that it is currently accepting nominations for the 2017 Janet Spragens Pro Bono Award.
Choose the TAPS Endowment for Your Year-End Giving
Through the Tax Assistance Public Service (TAPS) endowment fund, the Section of Taxation seeks to provide stable, long-term funding for its tax-related public service programs.
The Tax Lawyer – Summer 2016 Issue Is Now Available
The Tax Lawyer, the nation’s premier, peer-reviewed tax law journal, is published quarterly as a service members of the Tax Section.
The Practical Tax Lawyer – Fall 2016 Issue Is Now Available
Produced in cooperation with the Tax Section and published by ALI-CLE, The Practical Tax Lawyer offers concise, practice-oriented articles to assist lawyers with all aspects of tax law.
Get Involved in ATT
ABA Tax Times (ATT) is looking for volunteers to join its ranks as associate editors to assist in writing and acquiring articles for publication.
EVENTS & PROMOTIONS
Section Meeting & CLE Calendar
ABA Tax Section meetings are a great way to get connected, get educated, and get the most from your membership!
Section CLE Products
Listen at your convenience to high-quality tax law CLE on a variety of topics.
Sponsorship Opportunities
ABA Section of Taxation Meetings are the premier venues for tax practitioners and government guests to connect on the latest developments in tax law and practice.
Featured Publication: New Editions of the ABA Section of Taxation State & Local Tax Deskbooks
New editions of the ABA Section of Taxation State & Local Tax Deskbooks are now available!
TaxIQ
Did you know that Tax Section members have access to thousands of pages of cutting-edge committee program materials presented at Section of Taxation Meetings?
SPONSOR ACKNOWLEDGEMENTS
2016 Joint Fall CLE Meeting Sponsors
The Section of Taxation thanks the sponsors and exhibitors of the 2016 Joint Fall CLE Meeting.
Thomson Reuters | Publishing Sponsor
Thomson Reuters Checkpoint Catalyst™ delivers tax research framed in an entirely new way, so you see the clarity, color and context you need to get the whole picture of each business tax issue.
National Tax Associationの109回大会、80を超えるセッション
金曜午後に、Warren教授の記念セッションがあった。全容は以下。毎年これだけの研究報告をそろえるのが、すごい。
THURSDAY, NOVEMBER 10
| 8:30-10:00 am |
Concurrent Sessions
|
| 10:00-10:15 am |
Coffee Break (Maryland Ballroom Foyer, 5th Floor)
|
| 10:15-11:45 am |
Concurrent Sessions
|
| 12:00-1:30 pm |
Luncheon (Maryland Ballroom, 5th Floor)
Speaker: Olivier Blanchard, C. Fred Bergsten Senior Fellow, Peterson Institute for International Economics and Robert M. Solow Professor of Economics emeritus, MIT
|
| 1:45-3:15 pm |
Concurrent Sessions
|
| 3:15-3:45 pm |
Coffee Break (Maryland Ballroom Foyer, 5th Floor)
|
| 3:45-5:15 pm |
General Session (Baltimore Ballroom A+B, 5th Floor)
|
| 5:15-6:15 pm |
Annual Meeting of the National Tax Association (Baltimore Ballroom A+B, 5th Floor)
|
| 6:15 – 7:30 pm |
Reception (Baltimore Ballroom Foyer, 5th Floor)
|
FRIDAY, NOVEMBER 11
| 8:30-10:00 am |
Concurrent Sessions
|
| 10:00-10:15 am |
Coffee Break (Maryland Ballroom Foyer, 5th Floor)
|
| 10:15-11:45 am |
Concurrent Sessions
|
| 12:00-1:30 pm |
Luncheon (Maryland Ballroom, 5th Floor)
Speaker: Antonio Weiss, Counselor to the Secretary, U.S. Department of the Treasury
|
| 1:45-3:15 pm |
Concurrent Sessions
|
| 3:15-3:45 pm |
Coffee Break (Maryland Ballroom Foyer, 5th Floor)
|
| 3:45-5:15 pm |
General Session (Baltimore Ballroom A+B, 5th Floor)
|
| 5:15-6:15 pm |
Graduate Student Poster Session (Baltimore Ballroom Foyer, 5th Floor)
|
| 5:15-6:30 pm |
Reception in honor of Alvin C. Warren, 2016 Holland Award Recipient (Watertable Ballroom Foyer, 5th Floor)
|
SATURDAY, NOVEMBER 12
| 8:30-10:00 am |
Concurrent Sessions
|
| 10:00-10:15 am |
Coffee Break (Federal Hill Ballroom Foyer, 5th Floor)
|
| 10:15-11:45 am |
Concurrent Sessions
|
| 12:00 pm |
Lunch
(Attendee’s choice — Conference does not provide lunch) |
| 1:00-2:30 pm |
Short Course: Recent Research on the Distributional and Tax Rate Structure of the U.S. Welfare System (Baltimore Ballroom B, 5th Floor)
Presenter: Robert Moffitt, Krieger-Eisenhower Professor of Economics, Johns Hopkins University
|
15 November 2016
政府税調の中間報告などが、アップされていた。
- 「経済社会の構造変化を踏まえた税制のあり方に関する中間報告」（平成28年11月14日）（PDF形式：343KB）
- 「経済社会の構造変化を踏まえた税制のあり方に関する中間報告」（参考資料：所得税）（平成28年11月14日）（PDF形式：833KB）
- 「経済社会の構造変化を踏まえた税制のあり方に関する中間報告」（参考資料：個人住民税）（平成28年11月14日）（PDF形式：343KB）
- 「「ＢＥＰＳプロジェクト」の勧告を踏まえた国際課税のあり方に関する論点整理」（平成28年11月14日）（PDF形式：299KB）
- 「国税犯則調査手続の見直しについて」（平成28年11月14日）（PDF形式：574KB）
11 November 2016
新トランプ政権下の米国租税政策
大統領選挙の直後からいろいろと分析が出ているが、EYのこのTax Alertがわかりやすい。
- 議会の過半数を共和党が占めたことから、共和党大統領とのねじれが消え、税制改正の可能性が高まった。
- Ryan議員は、budget reconciliation legislationによって、単純多数決で法案を通すつもり。
- 下院共和党のBlueprintと、トランプ公約（11月11日時点でまだウェブサイトに載っている）とがある。
- Blueprintは、仕向地ベースの税制にする。
- Blueprintは、土地以外の資産取得につきexpensingを認め、利子費用控除を認めない。
- これとは別に、Hatch上院議員の法人税統合案がある（その背景についてはKleinbardのこの論文が記憶にあたらしい）。
- 租税条約の批准は、Paul上院議員が反対したまま。
批判的なこれと、説明的なこれも、ある。Deloitteのwebcast slidesもある。もし米国がBEPSから離脱したとしても、すでに「列車は駅を出発して」おり、次のような動きを止めることはできない、という見立てもある。
- 各国国内法での（選択的）実施
- OECD移転価格ガイドライン
- もうすぐリリースされる多国間協定（MLI）
- 包摂的枠組の下でのミニマム・スタンダードのピア・レビュー
29 October 2016
欧州委員会、利子費用控除制限の分析をだしていた
The Effects of Tax Reforms to Address the Debt-Equity Bias on the Cost of Capital and on Effective Tax Ratesである。EU28か国の利子費用控除制限ルールと、法人税課税ベース改革案（CBIT, ACE, ACC, COCA）について、それらの影響を分析している。2016年3月に提出されたものが、今回公表された。
ちょうど2016年10月25日の法人税改革パッケージで、CCCTBを再提案しており、その中には、負債バイアスに対応する案が入っている。
ちょうど2016年10月25日の法人税改革パッケージで、CCCTBを再提案しており、その中には、負債バイアスに対応する案が入っている。
- 一方で、負債の利子費用控除をBEPS行動４やATADの線で制限
- 他方で、自己資本についてリスクフリー利子相当額を控除（名前はAllowance for Growth and Investment (AGI)）
28 October 2016
AUのBEPS対応について、1年後の評価がでていた
原文はここから読める。要約は以下のとおり。
Implementing BEPS, or Maybe Not - The Australian Experience One Year On
Graeme S. Cooper
University of Sydney - Faculty of Law
October 17, 2016
New Zealand Law Review, 2016 (Forthcoming)
Sydney Law School Research Paper No. 16/91
Abstract:
This Paper examines Australia’s implementation of the BEPS project since the final reports were released in October 2015. The recent history demonstrates a confused picture. On the one hand, some of Australia’s actions have been both quick and supportive, with the government enthusiastic to announce its adherence to the BEPS project, though sometimes with quiet and subtle modifications to features of the OECD models. On the other, there have been projects that are seen by much of the rest of the as world inconsistent with the BEPS project, even if Australian policy-makers try to present them as BEPS-compliant. So while Australia’s politicians might wish to represent our recent tax measures as a form of BEPS cooperation, Australia is at risk of adding to the dangerous current appetite for unilateralist approaches to international tax.
Implementing BEPS, or Maybe Not - The Australian Experience One Year On
Graeme S. Cooper
University of Sydney - Faculty of Law
October 17, 2016
New Zealand Law Review, 2016 (Forthcoming)
Sydney Law School Research Paper No. 16/91
Abstract:
This Paper examines Australia’s implementation of the BEPS project since the final reports were released in October 2015. The recent history demonstrates a confused picture. On the one hand, some of Australia’s actions have been both quick and supportive, with the government enthusiastic to announce its adherence to the BEPS project, though sometimes with quiet and subtle modifications to features of the OECD models. On the other, there have been projects that are seen by much of the rest of the as world inconsistent with the BEPS project, even if Australian policy-makers try to present them as BEPS-compliant. So while Australia’s politicians might wish to represent our recent tax measures as a form of BEPS cooperation, Australia is at risk of adding to the dangerous current appetite for unilateralist approaches to international tax.
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