Double tax agreements and the international allocation of business income in Australia

Increasingly, the effectiveness of the present system of taxation of international businesses is being questioned. The problem associated with the taxation of such businesses is twofold. A system of international taxation must be a fair and equitable system, distributing profits between the relevant jurisdictions and, in doing so, avoiding double taxation. At the same time, the prevention of fiscal evasion must be secured. In an attempt to achieve a fair and equitable system Australia adopts unilateral, bilateral and multilateral measures to avoid double taxation and restrict the avoidance of tax. The first step in ascertaining the international allocation of business income is to consider the taxation of business income according to domestic law, that is, the unilateral measures. The treatment of international business income under the Australian domestic law, that is, the Income Tax Assessment Act 1936 (Cth) and Income Tax Assessment Act 1997 (Cth), will depend on two concepts, first, whether the taxpayer is a resident of Australia and secondly, whether the income is sourced in Australia. After the taxation of business profits has been determined according to domestic law it is necessary to consider the applicability of the bilateral measures, that is, the Double Tax Agreements (DTAs) to which Australia is a party, as the DTAs will override the domestic law where there is any conflict. Australia is a party to 40 DTAs with another seven presently being negotiated. The preamble to Australia's DTAs provides that the purpose of such agreements is 'to conclude an Agreement for the avoidance of double taxation and the prevention of fiscal evasion with respect to taxes on income'. Both purposes, for different reasons, are equally important. It has been said that: The taxpayer hopes the treaty will prevent the double taxation of his income; the tax gatherer hopes the treaty will prevent fiscal evasion; and the politician just hopes. The first purpose, the avoidance of double taxation, is achieved through the provision of rules whereby the Contracting States agree to the classification of income and the allocation of that income to a particular State. In this sense DTAs do not allocate jurisdiction to tax but rather provide an arrangement whereby the States agree to restrict their substantive law. The restriction is either through the non-taxing of the income or via the provision of a tax credit.

Monitoring the impacts of trade agreements on food environments

The liberalization of international trade and foreign direct investment through multilateral, regional and bilateral agreements has had profound implications for the structure and nature of food systems, and therefore, for the availability, nutritional quality, accessibility, price and promotion of foods in different locations. Public health attention has only relatively recently turned to the links between trade and investment agreements, diets and health, and there is currently no systematic monitoring of this area. This paper reviews the available evidence on the links between trade agreements, food environments and diets from an obesity and non-communicable disease (NCD) perspective. Based on the key issues identified through the review, the paper outlines an approach for monitoring the potential impact of trade agreements on food environments and obesity/NCD risks. The proposed monitoring approach encompasses a set of guiding principles, recommended procedures for data collection and analysis, and quantifiable ‘minimal’, ‘expanded’ and ‘optimal’ measurement indicators to be tailored to national priorities, capacity and resources. Formal risk assessment processes of existing and evolving trade and investment agreements, which focus on their impacts on food environments will help inform the development of healthy trade policy, strengthen domestic nutrition and health policy space and ultimately protect population nutrition.

Safer driving agreements in the Australian context : can they be effective?

Prior research suggests that greater parental involvement in the safety and learning of their young novice driver can have a positive impact on their child’s safety. Safer driving agreements, which typically involve a formal statement of driving conditions and restrictions ratified by a driver and another party, most often parents, are an increasingly common initiative to enhance young novice driver safety. However, there are few formal evaluations of such initiatives and the limited available research suggests only modest differences in traffic violations, and minimal impacts on crash involvement. The current paper reports on an assessment of the potential efficacy of safer driving agreements in the Australian context, via a literature review and extensive stakeholder and community consultations. Specifically, discussions were conducted with an expert panel of United States researchers and program developers; a survey was completed with Australian police, transport and motoring stakeholders; and focus groups and surveys were completed with young drivers and parents. Overall, results suggested mixed understanding of, and support for, safer driving agreements in Australia, with issues relating to voluntary participation and accurate monitoring of behaviour cited as major barriers. Indeed, the potential effectiveness of the initiative was largely perceived as being limited to those young drivers who are already safety conscious, and as being dependent on existing strong relationships with parents (e.g., trust, honesty and respect). Implications of the study and recommendations for future research are discussed.

Alternative fruit fly treatment for interstate market access for strawberries

This project aims to provide further data to support the winter window option for interstate marker access for strawberries from south east Queensland.

An Approach to the stability of international environmental agreements: the absorbing sets solution

We study international environmental negotiations when agreements between countries can not be binding. A problem with this kind of negotiations is that countries have incentives for free-riding from such agreements. We develope a notion of equilibrium based on the assumption that countries can create and dissolve agreements in their seeking of a larger welfare. This approach leads to a larger degree of cooperation compared to models based on the internal-external stability approach.

Roaming in the Mobile Internet: when coverage sharing agreements call for regulation

Revised: 2006-06

Cloud services for education agreements

Providing you with peace of mind and due diligence on around 40 pages of contractual terms and conditions on an ongoing basis for Google Apps for Education. JL

Cloud services for education agreements Office 365

Giving you peace of mind with amendments and due diligence on around 100 pages of contractual documents for Microsoft Office 365.JL

"They Come, They Fish, and They Go:” EC Fisheries Agreements with Cape Verde and São Tomé e Príncipe

Fisheries agreements with the European Community (EC) are an important component of the fisheries sector in Cape Verde and São Tomé e Príncipe, constituting today a key source of income for the respective fisheries administration. In spite of this, and of the fact that these agreements have been renewed several times over the past decades, challenges remain in domains such as control and communication of fishing activities, follow-up of financial counterparts, and integration of European fleets’ operations with the Cape Verdean and Santomean economies. This paper analyzes the EC fisheries agreements with Cape Verde and São Tomé e Príncipe in terms of those domains, considering both the contents of the agreements and their practical implementation. The fisheries sector in each of these countries is reviewed, as are some of the fundamentals and criticisms of EC fisheries agreements. It is argued that the agreements with Cape Verde and São Tomé e Príncipe will not live up to the stated objectives of sustainability and responsibility in fisheries until improvements are made to the control of EC vessels, the follow-up of funds paid by the EC, and the size and diversity of benefits accruing to the fisheries and related sectors in the two countries

Cross-Border Unitization and Joint Development Agreements: An International Law Perspective

Okoye, Adaeze, et al, 'Cross-Border Unitization and Joint Development Agreements: An International Law Perspective', Houston Journal of International Law (2007) 29(2) pp.355-425 RAE2008

From Lomé to economic partnership agreements in Africa

The development of coherent and effective relations with other regions and countries is one of the most challenging tasks faced by the European Union. This original volume explores the EU’s engagement with the global South, focusing on three controversial policy areas: economic cooperation, development cooperation, and conflict management. A discussion of the EU’s interregional model—which promotes interaction with regions rather than nation-states—provides a backdrop for case studies of EU policies with regard to Africa, Asia, and Latin America. While disclosing the tensions and overlaps between the EU’s foreign policies and those of its member states, the authors also highlight an increasing trend toward successful policy coordination.

Penalties on car rental agreements

Examines the Cambridge County Court ruling in Volkswagen Financial Services (UK) Ltd v Ramage on whether a clause in a car hire contract which allowed the finance company, upon repudiation of the contract after the hirer fell into arrears, to claim compensation equivalent to the lost future rental payments was unenforceable as a penalty clause, rather than being a reasonable pre-estimate of actual loss. Refers to case law including the Court of Appeal ruling in Anglo Auto Finance Co v James in considering the differing losses which would occur during the course of the hire term according to the natural depreciation of the value of the car. Notes the reasoning of the Court on: (1) contracts of hire compared with hire purchase agreements; (2) the comparative position of the parties and the freedom to contract elsewhere; and (3) the reasonable prediction of future losses.