Skip to main content Accessibility help
×
Hostname: page-component-76fb5796d-x4r87 Total loading time: 0 Render date: 2024-04-28T16:06:48.328Z Has data issue: false hasContentIssue false

15 - Interjurisdictional Aspects

Published online by Cambridge University Press:  05 February 2015

Alan Schenk
Affiliation:
Wayne State University School of Law
Victor Thuronyi
Affiliation:
Duke University School of Law
Wei Cui
Affiliation:
University of British Columbia, Vancouver
Get access

Summary

Introduction

Almost all national-level (central-government) VATs rely on the destination principle to tax international transactions, with tax imposed on imports and removed from exports. The adoption at the subnational level of some form of VAT (see Table 2.7 for a review of the forms) is being debated or enacted in many countries. There has been renewed interest in the problems of cross-border trade in the EU and within federal systems, especially in Canada, India, Brazil, and the United States. In addition to the long-standing problems faced by the EU and federal countries with cross-border trade, some of the recent attention to these issues has been propelled by the explosion of trade over the Internet (electronic or e-commerce). Indeed, the US Congress enacted a moratorium on subnational (state level) taxes on Internet access and on multiple or discriminatory taxes on e-commerce.

Subnational units of government should control the revenue necessary to provide the services that they render. In any federal system, the fiscal authority and responsibility of subnational (referred to in this chapter also as regional) units of government must be established. To possess ultimate fiscal autonomy, subnational units of government should have the authority to choose the taxes to be levied, define their tax bases, set their tax rates, and administer the taxes they impose, but these elements can also be shared with national government.

Type
Chapter
Information
Value Added Tax
A Comparative Approach
, pp. 487 - 530
Publisher: Cambridge University Press
Print publication year: 2015

Access options

Get access to the full version of this content by using one of the access options below. (Log in options will check for institutional or personal access. Content may require purchase if you do not have access.)

References

Bird, R., “A Look at Local Business Taxes,” 36 State Tax Notes685 (May 30, 2005)Google Scholar
McLure, C. E., Jr., “Tax Assignment and Subnational Fiscal Autonomy,” 54 Bulletin of the International Bureau of Fiscal Documentation626 (Dec. 2000)Google Scholar
Zee, , “Aspects of Interjurisdictional Sharing of the Value-Added Tax,” 36 Public Finance Review147 (2008)Google Scholar
Almendral, R., “Autonomous Communities Taking Advantage of the Mechanism to Ensure the Neutrality of VAT,” 14 Int’l VAT Monitor 373 (Sept./Oct. 2003)Google Scholar
Bird, R. & Gendron, P.P., “Dual VATs and Cross-Border Trade: Two Problems, One Solution?5 Int’l Tax and Public Finance429 (1998)Google Scholar
Philippart, A., “Cumulative Multi-Stage Taxes under Community Law,” 14 Int’l VAT Monitor 83 (Mar./Apr. 2003)Google Scholar
Hartley, T. C., The Foundations of European Community Law, 5th ed. (Oxford University Press 2003)
Jeffcoat, , The Principle of Subsidiarity in European Community Law, unpublished manuscript (University of Leicester School of Law 1999)
Lyman, E., “Regional Italian Governments May Be Liable to Pay Billions in Refunds for Corporate Tax,” BNA Daily Tax Report, March 23, 2005, p. G-5Google Scholar
Vanistendael, A Proposal for a Definitive VAT System: Taxation in the Country of Origin at the Rate of the Country of Destination, Without Clearing,” 1 EC Tax Review45–53 (1995)Google Scholar
Keen, M. & Smith, S., “The Future of the Value Added Tax in the European Union,” 23 Economic Policy375 (1996)Google Scholar
Keen, , “VIVAT, CVAT and All That,” 48 Canadian Tax Journal409 (2000)Google Scholar
Zee, H., A VAT Voucher System for Origin-Based Taxation, 20(2) EC Tax Review75 (2011)Google Scholar
Bird, R. and Gendron, P.P., “CVAT, VIVAT, and Dual VAT: Vertical ‘Sharing’ and Interstate Trade,” 7 Int’l Trade and Public Finance753 (2000)Google Scholar
Purohit, M., “Harmonizing Taxation of Interstate Trade under a Sub-National VAT – Lessons from International Experience,” 13 Int’l VAT Monitor 169 (May/June 2002)Google Scholar
McLure, Jr. C.E., “Implementing Sub-National Value Added Taxes on Internal Trade: The Compensating VAT (CVAT),” 7 Int’l Tax and Public Finance732 (2000)Google Scholar
Decentralization and Accountability of The Pubic Sector 319–336Annual World Bank Conference on Development in Latin America and the Caribbean (Burki, S.J. & Perry, G., eds., The World Bank 2000)
Roncaglia, M. Marquez, “Brazil, Transfer of input ICMS,” 14 Int’l VAT Monitor 66 (Jan./Feb. 2003)Google Scholar
Doshi, B., “India: Introduction of State VAT,” 15 Int’l VAT Monitor 204 (May/June 2005Google Scholar
Poddar, S., Reform of Domestic Consumption Taxes in India: Issues and Options (National Institute of Public Finance and Policy New Delhi, 1994)
Doshi, B., “India: Proposed Introduction of VAT at State Level,” 13 Int’l VAT Monitor 309 (July/Aug. 2002Google Scholar
Doshi, B., “India: State Level,” 15 Int’l VAT Monitor 445 (Nov./Dec. 2004)Google Scholar
McLure, Charles, Jr., “Coordinating State Sales Taxes with a Federal VAT: Opportunities, Risks, and Challenges,” 36 State Tax Notes907 (June 20, 2005)Google Scholar
Bird, , “Cost and Complexity of Canada’s VAT: The GST in International Perspective,” 8 Tax Notes Int’l37 (Jan. 3, 1994)Google Scholar
Rivlin, , “Wanted: A New State-Level Tax to Prepare Us for the 21st Century,” Governing 74 (April 1990)Google Scholar
Due, J., “The Value-Added Tax: Possible State Use,” 1 State Tax Notes269 (1991)Google Scholar
Francis, J., “A Closer Look at a State Invoice-Credit VAT,” National Tax Association Annual Meeting, Oct. 1992, published in 3 State Tax Notes804 (Nov. 30, 1992)Google Scholar
Kenyon, D., “A New State VAT: Lessons from NH,” 49 Nat’l Tax.381 (1996)Google Scholar
Berghaus, V. H. & Ardinger, W., “The Policy and Structure of the Business Enterprise Tax,” N.H. Bar (Dec. 1993)Google Scholar
Ainsworth, R., “New York Adopts a VAT,” 61 State Tax Notes223 (July 25, 2011)Google Scholar
Schenk, , “New Hampshire: Two Views on the Business Activity Tax (BET),” 5 VAT Monitor234 (July/Aug. 1994)Google Scholar
Steuerle, E., “Will the Single Business Tax Catch On?81 Tax Notes1013 (Nov. 23, 1998)Google Scholar
Ainsworth, Richard, Digital VAT: A Proposal for the President’s Advisory Panel on Federal Tax Reform, President’s Advisory Panel on Federal Tax Reform (Apr. 30, 2005), at ; reprinted as “A Digital VAT (D-VAT for the U.S.?108 Tax Notes938 (Aug. 22, 2005)Google Scholar
Ainsworth, , “Digital VAT and Development: D-VAT and Development,” 39 Tax Notes Int’l625 (August 15, 2005)Google Scholar

Save book to Kindle

To save this book to your Kindle, first ensure coreplatform@cambridge.org is added to your Approved Personal Document E-mail List under your Personal Document Settings on the Manage Your Content and Devices page of your Amazon account. Then enter the ‘name’ part of your Kindle email address below. Find out more about saving to your Kindle.

Note you can select to save to either the @free.kindle.com or @kindle.com variations. ‘@free.kindle.com’ emails are free but can only be saved to your device when it is connected to wi-fi. ‘@kindle.com’ emails can be delivered even when you are not connected to wi-fi, but note that service fees apply.

Find out more about the Kindle Personal Document Service.

Available formats
×

Save book to Dropbox

To save content items to your account, please confirm that you agree to abide by our usage policies. If this is the first time you use this feature, you will be asked to authorise Cambridge Core to connect with your account. Find out more about saving content to Dropbox.

Available formats
×

Save book to Google Drive

To save content items to your account, please confirm that you agree to abide by our usage policies. If this is the first time you use this feature, you will be asked to authorise Cambridge Core to connect with your account. Find out more about saving content to Google Drive.

Available formats
×