• 한국중재학회지:중재연구
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• 제24권1호
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• pp.45-58
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• 2014

It is a well recognised rule in international law that the property of aliens cannot be taken. The question of whether indirect expropriation and government regulatory measures require compensation is an important issue in international investment law. Bilateral investment treaties and other investment agreements contain brief and general indirect expropriation provisions. These focus on the effect of government action and do not address the distinction between compensable and non-compensable regulatory actions. It is generally accepted that a state is not responsible for loss of property or for other economic disadvantages resulting from bona fide general taxation accepted as within the police power of states, provided it is not discriminatory. Yukos Oil Company is a Russian oil and gas company engaged in exploration, refining, and marketing activities. It is one of the largest oil and gas companies in the world. Yukos Oil Company has its production operations in Russia and markets its products in Europe. An international tribunal ordered the Russian government to compensate a group of Spanish investors for the losses they suffered when Russia seized the Yukos Oil Company on July 26, 2012. This has been the subject of several judicial proceedings and academic publications. This paper explores which circumstances do not lead to taxation amounting to expropriation. The author suggests that under the following circumstances, taxation would not amount to expropriation. First, taxation should be non-discriminatory. Also a lawful exercise of the taxation powers of governments would not amount to expropriation.

• 디지털융복합연구
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• 제17권12호
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• pp.45-57
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• 2019

디지털 경제로 인해 플랫폼을 기반으로 하는 새로운 비즈니스모델이 생겨나게 되고, 급격한 경제발달의 변화에 맞추어 국제조세제도의 문제가 제기되었다. 세율이 낮은 국가로의 조세회피, 전통기업과 디지털 기업과의 격차로 인한 문제, 사업장 중심의 과세체계의 문제로 인한 공평과세의 목소리도 커졌다. 이에 해외 기구인 OECD와 EU차원에서의 디지털세의 제안과, 향후 디지털경제에 맞는 비즈니스모델에 입각한 국제조세 제도의 기반 마련을 위한 국제적 움직임이 활발해지게 되었다. 해외 기구 및 국가들의 입장이 서로 다르고, 국제차원에서의 협력이 필요한 시점에서 국내의 정책도입의 필요성이 커지게 되어 해외 국가별 입장이 어떠한지 살펴보고, 국내에서 정책에 참여하는 행위자들의 입장과 상호작용을 정책네트워크 분석을 통해 살펴보고 의사결정에 도움이 되고자 본 연구를 하였다. 연구의 결과는 행위자에 따라 국내 이해당사자들의 차이가 있었고, EU에서는 장기적으로 S.D.P.를, 단기적으로 디지털 서비스세(Digital Service Tax)를 제안하였고, OECD는 장기적으로 S.E.P.를 제안하는 등 서로 다른 입장을 나타내어 정책결정에 신중한 접근이 필요하며 정책과정에 대한 심층적인 연구가 필요함을 알 수 있었다.

• 통상정보연구
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• 제5권1호
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• pp.125-134
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• 2003

최근의 전자상거래의 급격한 발전으로 국제경제환경의 급속한 변화를 초래하고 있는데 특히 전통적 세제시스템의 경우에도 예외는 아니어서 전자상거래시스템에 적합한 세제시스템의 개발이 논의되고 있는 상황이다. 그러나 국제적으로 전자상거래와 관련한 세제시스템의 개발이 완성되지 않고 각국별 또는 국제회의에서 논의되고 있는 상황이라고 할 수 있다. 중국에 있어서 새로운 세제시스템을 개발하기 위해서는 우선 중국의 e-business의 성격의 파악하고 이에 근거한 세제시스템에 대한 대책을 마련해야 한다. 본 논문은 먼저 e-business의 특성과 e-business에서의 다양한 세제형태에 대하여 알아보고, 둘째 e-business에서의 세제현황 및 세제관련 법의 문제점을 고찰해 본다. 마지막으로, e-business의 발전과 더불어 야기되는 온라인 세제에 대한 몇 가지 제안 및 시사점을 제시한다.

• 대한조선학회논문집
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• 제60권2호
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• pp.86-94
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• 2023

Tonnage taxation has contributed to developing the Korean maritime industry through tax relief for shipping companies. The current tonnage taxation relies on the net tonnage as an earning-capacity indicator in a merchant ship. Although the tonnage tax accords with horizontal equity, it does not match vertical equity because of the different taxable capacities of an individual company. Nowadays, maritime transport uses a dedicated vessel, and each shipping freight embeds a different value of time. It means the tonnage taxation regime should consider the added value of each shipping freight. Meanwhile, as the environmental regulations led by the International Maritime Organization are being strengthened, the Korean merchant fleet must be eco-friendly soon after. This study explores the alternative to renewing tonnage taxation by utilizing the Greenship certification and considering the ability-to-pay principle. Because the Greenship certification scheme encourages shipping decarbonization, maritime transport by a certified ocean-going vessel comes to be treated as an activity for the green economy. Special taxation for the green economy may contribute to shipping sustainability and market competitiveness.

• 디지털융복합연구
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• 제2권2호
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• pp.45-62
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• 2004

E-commerce is now a familiar form of commercial transaction, especially in the transactions between businesses. This online transaction poses a good deal of problems to the traditional tax system and administration. Realignment of tax system and tax administration in the e-commerce is one of the major topics on the International problem. In the area of consumption tax, they reaffirmed the destination principle. They agreed to decide the recipient's business presence and usual residence as the place of consumption. In the area of consumption tax, they reaffirmed the destination principle. They agreed to decide the recipient's business presence and usual residence as the place of consumption. Currently, the Korean VAT law does not have a basis for taxation on international transactions that are considered to be services. Considering the tax revenue loss and the inequality between domestic suppliers and foreign suppliers when international transactions are not taxed, the Korean Tax Authority needs to amend the current law.

• 한국관광식음료학회지:관광식음료경영연구
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• 제13권1호
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• pp.81-110
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• 2002

The temporary tax deduction on investment cutting the corporate income tax within 10% of the amount of investment is aimed at stimulating the investment for economic activity. 25 business sectors are applied to this tax law and in tourism, the accommodation registered by tour promotion law and international convention plan business belong to it. I'd like to mention the problem of the temporary tax deduction on investment amount for hotels and suggest better solutions. This tax law is so temporary applied that we shouldn't get tax deduction after June 30, 2002. So, we can't get income tax deduction on the investment out of the available period. And further more this tax law has a rule not real investment but solely new project investment for hotels. There are numbers of difference between real investment and new project investment. The amount of investment is based on an object of acquisition taxation. And also there are numbers of difference between real investment and an object of acquisition taxation. For example, landscape construction is a great part of hotel construction but it's not an object of acquisition taxation. For running hotel business, we also need lots of equipments such as linens utensils for restaurant and decorations for hotel interior. But these are also excluded from this tax law. As you know, these equipments can be regarded as product equipments in manufacture industry. Therefore we should take the specificity of hotel investment into consideration and expand the role of the temporary income tax deduction on investment amount for hotels.

• 정보학연구
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• 제3권1호
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• pp.125-142
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• 2000

본 연구에서는 우선 전자상거래의 현황과 미국, OECD, 유럽연합(EU)을 중심으로 한 국제적 논의 동향을 고찰하고 전자상거래에 대한 과세부과의 측면을 내국세와 관세로 세분하여 최근 논의된 국제회의 내용과 국내의 현상을 토대로 분석하면서 전자상거래 부문에 과세를 부과하는데 따르는 본질적인 문제를 기초로 내국세와 관세 부과의 문제점들을 종합적으로 분석하면서 우리의 정책적 추진과제를 제시하였다.

• 국제초고층학회논문집
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• 제9권4호
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• pp.377-386
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• 2020

Beginning a few decades ago, Baku, the capital city of Azerbaijan, has experienced a dramatic construction boom that is revitalizing its skyline. The expansive growth looks to uphold the historic past of Baku as a focal point within the Caspian Sea Region while also evoking aspirations for a city of the future. With superstructure complete and interiors progressing, the Ministry of Taxation (MOT) tower is the latest addition to the city, with its stacked cubes twisting above a multi-level podium at the base. Each cube is separated by column-free green roof terraces, creating unique parametric reveals of the developing surroundings. Aside from MOT's stunning shape, its geolocation resulted in unusually high wind loads coupled with high seismic hazards for a tower of its height. In addition, limitations on possible structural systems required stepping away from a typical prescriptive code-based approach into one that utilized Performance-Based Design (PBD) methods. This paper presents the numerous structural challenges and innovations that allowed the design of a new icon to be realized.

• Asian Pacific Journal of Cancer Prevention
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• 제16권13호
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• pp.5579-5582
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• 2015

Background: Sale of single cigarettes is an important factor for early experimentation, initiation and persistence of tobacco use and a vital factor in the smoking epidemic in India as it is globally. Single cigarettes also promote the sale of illicit cigarettes and neutralises the effect of pack warnings and effective taxation, making tobacco more accessible and affordable to minors. This is the first study to our knowledge which estimates the size of the single stick market in India. Materials and Methods: In February 2014, a 10 jurisdiction survey was conducted across India to estimate the sale of cigarettes in packs and sticks, by brands and price over a full business day. Results: We estimate that nearly 75% of all cigarettes are sold as single sticks annually, which translates to nearly half a billion US dollars or 30 percent of the India's excise revenues from all cigarettes. This is the price which the consumers pay but is not captured through tax and therefore pervades into an informal economy. Conclusions: Tracking the retail price of single cigarettes is an efficient way to determine the willingness to pay by cigarette smokers and is a possible method to determine the tax rates in the absence of any other rationale.

• 유통과학연구
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• 제14권11호
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• pp.49-60
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• 2016

Purpose - This paper presents how Multinational Enterprises (MNEs) operate in different tax jurisdiction could decide on its transfer pricing strategy as the optimal solution to increase their global after tax income through transfer pricing and solve their related transfer pricing issues related to distribution cost, consumer, and wholesale vendor. It has been strategy issues for an MNEs to locate its tax basis of wholesale vendor and buyer in a jurisdiction where effective rather low Research design, data, and methodology - The collection of information and data for this research project gathered from various sources of secondary data. The findings of these relevant research topic article and journal were the main source of references for this research project Results - The achievement of management's operational and financial objectives depends on transfer pricing policies availability that is consistent and supports both vendor, wholesaler, distributor and ensuring sufficient documentation and data is available to support the application and arriving at the arm length. Conclusions - The study concluded with an emphasis on the importance of web-designed information about international taxation rules and transfer pricing policy and pricing agreement among wholesale vendor and whole buyer around the world.