Sunday, August 20, 2017

The profound limits of a "deal" between China (PRC) and the Holy See: Cardinal Joseph Zen (HK)



...but in order to enter in China (from HK) he needs a governative permit

Briefly:
- the control of the Government on the local ecclesial hierarchy is not eliminated: the procedure through which the local bishops are selected for the following papal approval is manipulable.
- this kind of dialogue, in the old style of the Vatican "Ostpolitik" (search for a "modus non moriendi"[cit. Cardinal Casaroli]), is a surrender: a full independency is a core character of Church's identity, i.e.  is what makes the Church real and not fake.

The complete video:
https://www.youtube.com/watch?v=xHQc7rQeY_U


The "ius publicum ecclesiasticum"studies the relationships between Church and States, from the Church's point of view. The first problem was the Lutheran reform (civil authority's power on the Church, devaluation of the Church's hierarchic structure, etc.)

Thursday, June 29, 2017

Professor Slemrod's thought: a short draft

[! sources: htts://www.youtube.com/watch?v=tT6f54IxIRU&t=1064s / Taxes in America (with L.E. Burman, Slemrod's first Ph.d student) !]

Summing up


- “ policy change without administrative change is nothing” (Richard Bird)
-   putting firms  into Taxation theory (1)




Tax bases and rates are only the roof of the Tax system. Tax administration is the foundation.

Key concepts


1. A tax system has three aspects: 

  • tax bases (triggering tax liability) and rates
  • remittance rules (who or what entity must remit that tax and when [e.g. withholding taxes by large firms]);
  • enforcement rules (e.g. audits, third-party information-reporting, penalties, targeting the cash economy, crackdown on offshore bank accounts)

2.  Tax administration plays a crucial role in tax system:

  •  we really don't know anything about the tax system if we know only the rates/bases and don't know how it's administered/enforced. (2)

3.   Is there a role for morality?

     

      From tax enforcement's point of view:
  • acceptance that deterrence is not the whole story and that non-deterrence factors, such as duty and social norms, explain differences in noncompliance across individuals and businesses. 
  • but: on the one hand  we must consider that no government can announce a modern tax system relying only on taxpayers' sense of duty to remit what is owed (3), on the other hand we must consider that civic virtue/ sense of duty is more "absolute" than a cost-benefit calculation  driven by possibility of an audit et similia .
  • it's not a  moral issue the fact that IRS Whistleblower office pays people who identify persons who fail to remit the tax they owe: it's enforcement.
      From public opinion's point of view
  •  IRS is a bureaucratic apparatus like the others, with the same problems of cost efficiency [i.e. dollars of tax revenue generated by every dollar of administrative cost; e.g. information reporting increases the deterrence (risk of detection) at low cost to the tax authority];
  • progressive taxation is not class warfare: simply all societies must determine how to assign the burden of how to pay for governement and how much to weigh fairness in this determination 

4. Importance of “concrete approaches”.

E.g.:
  • Although the core part of many tax reform is the cutting of the number of tax brackets, the complicated part of income tax is figuring out one's taxable income.
  •  The limits of enforcement:                                                    a) only a certain portion of the tax gap could be collected with more enforcement;                     b)  auditing literaly "everyone" would be too costly  (e.g. many countries exempt small businesses, explicitly by law or implicitly by law enforcement.  With perfirm fixed cost element of the tax authority dealing with firms, it can be appropriate to exempt some smaller firms because the potential revenue from these firms is small relative to the compliance and administrative costs savings);                                                                                          c) as mentioned above, civic virtue/ sense of duty is more "absolute" than a cost-benefit calculation  driven by possibility of an audit et similia.
  • Is there a recompense for the compliance costs (4) incurred?                                                                   Usually compliance costs are considered like other business expenses (deductible from taxable income) and/or costs that ultimately are passed on to customers, workers and others. A few countries provide explicit compensation to income tax withholding agents (e.g. some american states offer "vendor discounts" to retailers who remit retail sales tax).
  • Public disclosure of tax return information improves policy transparency and helps enforcement. If I can look up and see what my neighbour declares his or her income to be, and I notice they have a BMW parked in the garage, I might have some information that might be of use to the tax authority. If people understand this dynamic, they might be less inclined to understate their income.  Opponents decry the invasion of privacy (e.g. use of the infromations by the “wrong people.
  • An old study in Minnesota: the content of letters sent to taxpayers was varied randomly, providing different sets of information such as an audit threat or an appeal to social conscience.  The taxpayers’ behaviour subsequent to receiving the letter was analysed and compared.
  • Does the separated reporting of the the sales tax  eliminate the "fiscal illusion" of not paying it? No, it doesn't. Most retail stores/ e-tailing sites remind us of the sales tax only when we arrive at the cash register/ at the very end of the transaction. The sales promotion "we pay your sales tax" means higher pre-tax prices.
  • Do you want to raise the rate of the sales tax?   Pay attention: this rise would provide a huge incentive to move sales underground, especially in sectors like grocery stores where gross margins are often 1 or 2.

Present situation


1.      Negative consequences of the Modern (/pure) theory of taxation

  • In the Modern theory of taxation (starting around 1970), the analysis of taxation became rigorous/ mathematical, but rigorization comes at a cost, because the models used to analyse taxation are stylized: they have to focus on particular features of taxation and make simplifying assumptions about how the real world works.
  • E.g.:
a) unduly close focus on tax rates and bases (5), although the government has a vast array of other tax policy instruments such as enforcement tools.

Thales of Miletus, while observing tax rates and tax bases.
 
E.g. should Greece raise revenue to meet its  bailout conditions by increasing tax rates or by cracking down on tax evasion? Well, the standard tax analysis doesn’t look at more auditing/information reporting and similar instruments.

b) no meaningful role for firms.
The standard modern analysis of taxation has no meaningful role for firms (and their heterogeneous dimensions). Related to the invisibility of firms, in the standard toolkit there is no  concern with the details of “tax remittance”.
Actually, the compliance rate in income taxation  is very high only in the presence of withholding taxes/ information reportings. The presence of large firms (i.e. of their accounting system + withholding taxes) allows the IRS to concentrate on a small number of large entities (instead of on a larger number of employees), reducing its cost for the public budget (4)(6).
Again: in models of optimal commodity taxation, what matters is consumer choices, but consumption taxes are collected from (retail) firms (in no actual consumption tax system are consumption taxes remitted by individual consumers).

c) no meaningful role for tax preparers 
On the contrary, tax preparers'number (an entire industry), the problem of their professional competence's level and their role (helpful for tax compliance or for tax cheating?; anyway,the  number of  tax returns filed with the help of paid tax preparers is impressive) make them a relevant gear  for tax administration (6).

d) no meainigful role for public opinion
On the contrary, "What does the public know about taxes" and "What does the public think about taxes" are two essential questions.

e) an inefficient efficiency for the IRS, a.k.a the other side of the cost-to-revenue ratio
The low cost-to-revenue ratio of the IRS by itself is not particularly informative about the efficacy of the tax administration: a low ratio could simply mean that the task of collecting taxes is carried out poorly on some important dimension, such as deterring evasion, so that revenue is collected in a capricious and inequitable manner [e.g. the audit rate is much higher for those (individuals or corporations) who/which report higher income].
      See also (2).
 

2.  Justifications?

  • Attention to administration requires an intimate knowledge of how an administration works that is acquired only by years of practical experience (Tanzi) 

3.  The paradox of developing countries

  • Experts working on developing countries’ tax policy have stressed the importance of the administrative dimension. This understanding has not permeated tax policy analysis in developed countries.

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(1) It's the title of an article ["Putting Firms into Optimal Tax Theory", American
Economic Review (2006), Kopczuk and  Slemrod ].

(2) http://www.journalofaccountancy.com/news/2017/mar/irs-2016-data-book-201716368.html
     https://www.wsj.com/articles/irs-audits-of-individuals-drop-for-5th-straight-year-1487794717
(3) "Cheating Ourselves: The Economics of Tax Evasion." Journal of Economic Perspectives (2007), Slemrod.
(4) the costs of collecting taxes is made up of administrative costs (i.e. the cost of IRS) + compliance costs  (borne by taxpayers, especially by the large organizations that have the burden of withholding; e.g. costs of recordkeeping, researching the law, completing the returns, etc. ): more withholding taxes equals less costs for IRS.

(5) 90% of the analysis is usually about tax rates and tax bases. The paradox is that there is a core point in common between the Modern taxation theory and the Tax administration: the importance  of information's observability.
(6) we can say that withholders/reporters/tax preparers are like "hidden IRS employees" 




Monday, June 26, 2017

The true system is the tax administration


"A good administrative apparatus can satisfactorily manage various kinds of taxes, while in the presence of an inadequate tax administration no tax system can work properly" ( Illusioni fiscali [fiscal illusions], Raffaello Lupi, 1996).

Is the IRS  a big dinosaur or a complex multi-personal organization?
There are several similarities with professor Slemrod'thought, also concerning the importance of large firms (summarized by prof. Lupi in the expression "taxation through firms"). This fact is encouraging: there aren't real cultural barriers when the subject is tax administration!

P.S. In the anglo-saxon literature I still don't find the following topic: the influence of the public opinion on tax administration's behaviour.










Thursday, June 22, 2017

From these words of prof. Osofsky you understand the importance of an administrative perspective


http://prawfsblawg.blogs.com/prawfsblawg/2015/07/the-future-of-tax-administration.html

The Future of Tax Administration
        In my recent posts, I have been discussing the trend in tax law scholarship toward tax administration, and have suggested possible causes and fruitful areas of inquiry.  In this last post on the subject matter, I want to briefly ask: where might this be going?  My hope is that tax administration scholarship has as significant of a run as recent trends in tax law scholarship.  As a variety of tax scholars have recognized in recent years, how the tax system is administered may be as, if not (in some cases) more, important than what the law is.  And there are so many tax administration programs meriting examination.  To take just a few: the IRS has special programs for taxpayers in the Large Business and International Division (the nation’s largest taxpayers), such as collaborative, pre-filing issue resolution. In a different part of the taxpaying world, the IRS can settle tax debts for less than the amount owed with taxpayers who can’t pay their tax liability and who meet other requirements.  Corporate tax executives hang on the IRS’s every word at  ABA meetings to find out how the IRS intends to apply the law.  And the IRS gives tax advice (not entirely sure to be correct) to individual taxpayers on the phone.  Scholars have suggested in recent years that taxing authorities should play a more prominent role in setting defaults, such as by presumptively taxing or presumptively collecting tax.  How does all this comport with administrative law and scholarship regarding administrative discretion?  I look forward to all my colleagues’ work that will help me find out.

http://www.law.miami.edu/news/2017/april/unpacking-irs-q-tax-law-professor-leigh-osofsky

Unpacking the IRS: Q & A With Tax Law Professor Leigh Osofsky

What are the challenges facing the Internal Revenue Service?
The Internal Revenue Service is severely underfunded, relative to its workload.  The IRS is not only tasked with enforcing the tax law to ensure that all taxpayers pay their fair share of taxes.  It is also tasked with assisting taxpayers in understanding their taxpaying obligations.  As a result of steady budget cuts over the past decade, combined with plans by the current administration to make significant, additional cuts to the IRS budget, the IRS simply does not have the resources to carry out all of its tasks.
What is the future of tax administration?
The IRS has to continue to find ways to innovate in order to do more with less.  This means continuing to develop its technology to make as much of its enforcement automated as possible (through the use of automatic inquiries being sent to taxpayers as a result of errors on the taxpayers’ tax returns).  The IRS is also always continually developing its informational technology to make the best possible use of its resources, for instance by honing audit formulas so that it is targeting the right taxpayers.  On the assistance side, the future is also in automation and technology, to ensure that the IRS is interacting with taxpayers in the most efficient ways possible. This might mean partnering with online tax preparation companies in order for the IRS to be able to interact with taxpayers in real time to get them the assistance (and provide them the compliance reminders they need) at the best possible times.
What changes are needed?
In order to continue to enforce the law, serve taxpayers, innovate, and protect taxpayers' personal information from cyber-attacks, the IRS will need a step-up, not down, in resources.  The IRS is an extremely efficient organization (raising approximately $4 in revenue for every additional dollar in IRS funding).  It serves as the lifeblood of the rest of government, and it will need continued support to do its job.  At the same time, the Taxpayer Advocate’s work on behalf of taxpayers is necessary to ensure that the IRS’s zealous enforcement of the tax law continues to be consistent with public values and public support. 

Wednesday, June 21, 2017

Referendums (referenda) on taxes?

Schmitt's answer: no, because Taxation historically belongs more to administration than to legislation (C. Schmitt, "Referendum and popular initiative").

Monday, June 19, 2017

The tax evasion of "the shop around the corner" ( I )


https://www.nytimes.com/2016/06/16/business/smallbusiness/why-the-irs-fails-to-crack-the-small-business-tax-nut.html




Where is the multi-personal
organization that also limits
the owner's evasive possibilities?
The compliance pattern of small businesses is not a problem of "honesty" (1), but a problem of  "administrative function's efficiency".
When revenue services are not replaced by the organization of large firms (i.e. by withholding taxes, information reporting et similia )(2), they have no choice but to directly reach taxpayers (with steady on-site checks, taking the responsibility of determining the real income).

This implies  a certain "territorial control" by the IRS and the end of an audit policy politically oriented (3).



"Big firm or Bigfoot, that is
the question".
With regard to the "rich", we should not mistake large firms for their owners. A large firm is not "Bigfoot" (anthropomorphism). Firms are complex multi-personal organizations, that per se guarantee an enormous amount of income (again: withholding taxes / information reporting). The real problem emerges when the owners of a large firm manage to override their own firm's organization: that's brutal tax evasion (4).       

Anyway, the tax evasion of small businesses will probably be an increasing issue in Western countries, due to: a. the rarefaction of large manufacturing firms (for intuitive reasons); b. the entrepreneurial model imported by immigrants. Stay tuned.
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(1) although  encouraging the feeling of a moral obligation certainly boosts the "tax fidelity".
(2) although to a different extent, we are talking about cases in which firms are"collectors on behalf of the revenue service"(according to the expression of L. Einaudi).
(3) every taxpayer is also a possible voter, while a large firm can pay millions and doesn't vote (G. Colm).
(4) there are different phenomena when the IRS: 1. questions the  costs's existence (evasion "inside the books") 2. reinterprets a declared income ( the very opposite of an "under the counter" evasion)



The profound limits of a "deal" between China (PRC) and the Holy See: Cardinal Joseph Zen (HK)

...but in order to enter in China (from HK) he needs a governative permit Briefly: - the control of the Government on the local ecc...