The taxation of multinational banks : alternative apportionment through a unitary taxation regime aligning with economic reality

The taxation of multinational banks currently is governed by the general principles of international tax. However, it is arguable that there are characteristics exclusive to multinational banks that may warrant the consideration of a separate taxing regime. This article argues that because of the unique nature of multinational banks, the traditional international tax rules governing jurisdiction to tax and allocation of income do not produce a result which is optimal, as it does not reflect economic reality. That is, the current system does not produce a result that accurately reflects the economic source of the income or the location of the economic activity. The suggested alternative is unitary taxation using global formulary apportionment. Formulary apportionment is considered as an alternative that reflects economic reality by recognising the unique nature of multinational banks and allocating the income to the location of the economic activity. The unique nature of multinational banking is recognised in the fact that formulary apportionment does not attempt to undertake a transactional division of a highly integrated multinational entity. Rather, it allocates income to the jurisdictions based on an economically justifiable formula. Starting from this recognition, the purpose of this article is to demonstrate that formulary apportionment is a theoretically superior (or optimal) model for the taxation of multinational banks. An optimal regime, for the purposes of this article, is considered to be one that distributes the taxing rights in an equitable manner between the relevant jurisdictions, while, simultaneously allowing decisions of the international banks to be tax neutral. In this sense, neutrality is viewed as an economic concept and equity is regarded as a legal concept. A neutral tax system is one in which tax rules do not affect economic choices about commercial activities. Neutrality will ideally be across jurisdictions as well as across traditional and non-traditional industries. The primary focus of this article is jurisdictional neutrality. A system that distributes taxing rights in an equitable manner between the relevant jurisdictions ensures that each country receives its fair share of tax revenue. Given the increase in multinational banking, jurisdictions should be concerned that they are receiving their fair share. Inter-nation equity is concerned with re-determining the proper division of the tax base among countries. Richard and Peggy Musgrave argue that sharing of the tax base by countries of source should be seen as a matter of inter-nation equity requiring international cooperation. The rights of the jurisdiction of residency will also be at issue. To this extent, while it is agreed that inter-nation equity is an essential attribute to an international tax regime, there is no universal agreement as to how to achieve it. The current system attempts to achieve such equity through a combined residency and source regime, with the transfer pricing rules used to apportion income between the relevant jurisdictions. However, this article suggests, that as an alternative to the current regime, equity would be achieved through formulary apportionment. Opposition to formulary apportionment is generally based on the argument that it is not a theoretically superior (or optimal) model because of the implementation difficulties. Yet these are two separate issues. As such, this article is divided into two core parts. The first part examines the theoretical soundness of the formulary apportionment model concluding that it is theoretically superior to the arm’s length pricing requirement of the traditional transfer pricing regime. The second part examines the practical implications of accepting formulary apportionment as an optimal model with a view to disclosing the issues that arise when a formulary apportionment regime is adopted. Prior to an analysis of the theoretical and practical application of formulary apportionment to multinational banks, the unique nature of these banks is considered. The article concludes that, while there are significant implementation, compliance, and enforcement issues to overcome, the unitary taxation model may be theoretically superior to the current arm’s length model which applies to multinational banks. This conclusion is based on the unitary taxation model providing greater alignment with the unique features of these banks.

Reframing evaluation of learning and teaching: An approach to change

Evaluation practices in the Higher Education sector have been criticised for having unclear purpose and principles; ignoring the complexity and changing nature of learning and teaching and the environments in which they occur; relying almost exclusively on student ratings of teachers working in classroom settings; lacking reliability and validity; using data for inappropriate purposes; and focusing on accountability and marketing rather than the improvement of learning and teaching. In response to similar criticism from stakeholders, in 2011 Queensland University of Technology (QUT) began a project which aims to reframe the organisation’s approach to the evaluation of learning and teaching. This paper describes the existing evaluation system; the emergence and early development of the project; and formulation of a conceptual framework identifying key dimensions of evaluation. It then compares the draft framework with other conceptualisations and models of evaluation identified in the literature, to determine its validity and suitability for supporting QUT’s plans for the future. Overall, the paper represents a structured evaluation of the REFRAME project at a particular point in its lifecycle. Given that the project follows an evidence based, practice-led process and applies an ongoing action research cycle, the findings are presented in the belief that QUT’s experience is broadly applicable to other institutions which may be contemplating change in relation to evaluation of learning and teaching.

Implementing academagogy : the first case study

As proposed in McAuliffe, Winter, Chadwick and Hargreaves (2008), academagogy could be used as an “umbrella” term allowing the teacher to select from a range of teaching approaches – pedagogy (teacher as source of all information to student without power or knowledge), andragogy (teacher as source of information for adult student), or heutagogy (student with knowledge seeking information from teacher to fill the gaps in their own knowledge). During Semester 1, 2009, one of the authors of this paper decided to treat his third-year students in a more heutagogical manner by allowing them to experience ownership of their own learning. This article is a case study of that experience which reveals that, although initially more time-consuming, academagogy can result in better student outcomes.

Learning and assessment in Australia

Camp Kilda (CK) is regarded as being a quality early childhood center, and has many features you would typically expect to see in settings across Australia. The children are busily engaged in hands-on activity, playing indoors and outdoors, in the sandpit, under the shade of a big mango tree. The learning environment is planned to offer a variety of activities, including dramatic play, climbing equipment, balls, painting, drawing, clay, books, blocks, writing materials, scissors, manipulative materials. The children are free to access all the materials, and they play either individually or in small groups. The teachers encourage and stimulate the children’s learning, through interactions and thoughtful planning. Learning and assessment at CK is embedded within the cultural and social contexts of the children and their community. Children’s learning is made visible through a rich variety of strategies, including recorded observations, work samples, photographs, and other artifacts. Parents are actively encouraged to build on these “stories” of their children. Planning is based around the teachers’ analysis of the information they gather daily as they interact with the children and their families.

Rank and file : assessing research quality in Australia

In this paper, the author describes recent developments in the assessment of research activity and publication in Australia. Of particular interest to readers will be the move to rank academic journals. Educational Philosophy and Theory (EPAT) received the highest possible ranking, however, the process is far from complete. Some implications for the field, for this journal and particularly, for the educational foundations are discussed.

Widening participation in university learning

This paper reports how one Australian university and the Queensland Department of Education and Training (DET) are working together to increase the number of school students from low socio-economic backgrounds enrolling in undergraduate university degrees. This innovative program involves university lecturers and school teachers working together in the delivery and assessment of four Bachelor of Education units (or subjects) to a cohort of Year eleven and twelve students at a secondary school. Focus group interviews collected data from 26 students, 7 parents, 4 school and 3 university staff to assess the effectiveness of the program. All stakeholders viewed the program as a highly valuable opportunity to experience university learning with 31 high school graduating students being made offers to enter full-time university in the 2010 and 2011. This positive result has particular significance in the current drive in Australia and elsewhere to increase the participation in higher education of young people from under-represented groups.

Open educational resources in China : a governmentality analysis

Using a sociological approach, this study examines China’s reform of open educational resources (OER), which has prompted significant changes to the nation’s higher education sector. Through an analysis of the policy processes that have driven the reform, this study demonstrates that the reform has involved and brought significant changes to its participants as resource administrators, providers, and receivers. By using governmentality as a poststructuralist analytical framework, this study shows the particular ways in which the reform process has been governed and the ways in which the governing practices have changed the conduct of higher education. The study reveals the power relations exercised through the reform and offers a critique of China’s higher education sector.

Preparing culturally and linguistically diverse nursing students for clinical practice in the health care setting

The number of culturally and linguistically diverse (CALD) students seeking enrollment in higher education courses in Western countries where English is the predominant language has grown considerably in the past decade, especially in undergraduate health care courses. When enrolled in nursing courses, students are required to complete clinical placements. Such experiences can create significant challenges for CALD students where language, cultural differences, and interpretation of cultural norms complicate the learning process. To assist CALD nursing students to transition successfully, an extracurricular integrated curriculum program was developed and implemented at a university in Queensland, Australia. The program is a series of interactive workshops based on the principles of caring pedagogy and student-centered learning. The program applies strategies that combine small-group discussions with peers, role-plays, and interactions with final-year nursing student volunteers. Evaluation of the program suggests it has assisted most of the students surveyed to be successful in their clinical studies.

A case study of pedagogical responses to internationalisation at a faith-based secondary school in Australia

This case study investigated pedagogical responses to internationalisation by a faith-based secondary school in Australia. Using social constructivism as the theoretical framework the study examined teaching and learning for culturally and linguistically diverse students. Data generated through questionnaires, focus groups, individual interviews and document archives were analysed and interpreted using thematic analysis. The findings showed that teachers believed themselves to be ill-equipped to teach international students. Their concerns centred on a lack of explicit pedagogical, cultural and linguistic knowledge to help the students acculturate and learn. Recommendations include the dissemination of school policies to teachers, intentional staff collaboration and professional development to address the teachers’ needs for internationalisation.

Snapshots of informed learning : LIS and beyond

Responding to the need for innovative LIS curriculum and pedagogy, grounded in both information and learning theory, this paper introduces the theory and practice of informed learning. After explaining how informed learning originated within the LIS discipline we outline the principles and characteristics of informed learning. Then we present snapshots of three units of study from LIS programs at Queensland University of Technology (QUT), followed by an overview of informed learning developments in a varied range of educational contexts beyond LIS programs. Finally, we reflect upon the relevance of informed learning to LIS education and its wider contribution to learning and teaching in higher education.

Towards fairer assessment

Drawing on the largest Australian collection and analysis of empirical data on multiple facets of Aboriginal and Torres Strait Islander education in state schools to date, this article critically analyses the systemic push for standardized testing and improved scores, and argues for a greater balance of assessment types by providing alternative, inclusive, participatory approaches to student assessment. The evidence for this article derives from a major evaluation of the Stronger Smarter Learning Communities. The first large-scale picture of what is occurring in classroom assessment and pedagogy for Indigenous students is reported in this evaluation yet the focus in this article remains on the issue of fairness in student assessment. The argument presented calls for “a good balance between formative and summative assessment” (OECD, Synergies for Better Learning An International Perspective on Evaluation and Assessment, Pointers for Policy Development, 2013) at a time of unrelenting high-stakes, standardized testing in Australia with a dominance of secondary as opposed to primary uses of NAPLAN data by systems, schools and principals. A case for more “intelligent accountability in education” (O’Neill, Oxford Review of Education 39(1):4–16, 2013) together with a framework for analyzing efforts toward social justice in education (Cazden, International Journal of Educational Psychology 1(3):178–198, 2012) and fairer assessment make the case for more alternative assessment practices in recognition of the need for teachers’ pedagogic practice to cater for increased diversity.

Creating and sharing : teens' information practices in digital communities

Introduction In a connected world youth are participating in digital content creating communities. This paper introduces a description of teens' information practices in digital content creating and sharing communities. Method The research design was a constructivist grounded theory methodology. Seventeen interviews with eleven teens were collected and observation of their digital communities occurred over a two-year period. Analysis The data were analysed iteratively to describe teens' interactions with information through open and then focused coding. Emergent categories were shared with participants to confirm conceptual categories. Focused coding provided connections between conceptual categories resulting in the theory, which was also shared with participants for feedback. Results The paper posits a substantive theory of teens' information practices as they create and share content. It highlights that teens engage in the information actions of accessing, evaluating, and using information. They experienced information in five ways: participation, information, collaboration, process, and artefact. The intersection of enacting information actions and experiences of information resulted in five information practices: learning community, negotiating aesthetic, negotiating control, negotiating capacity, and representing knowledge. Conclusion This study contributes to our understanding of youth information actions, experiences, and practices. Further research into these communities might indicate what information practices are foundational to digital communities.

Recruiting career-change professionals as teachers: the challenge of socialization into teaching

In many countries there is a shortage of quality teachers in areas of science, technology, engineering and mathematics (STEM). One solution has been to encourage mid-career professionals in the area of STEM to become school teachers. The transition of mid-career professionals to science and mathematics teaching in schools is thus becoming a common phenomenon. The assumption exists that their experiences and enthusiasm for their subject matter will inspire more students to achieve greater outcomes in school and to pursue careers in the sciences. Although the experiences of beginning teachers have been extensively studied for over half a century, there has been little research on career-change teachers and the particular challenges that they face in becoming school teachers. These career-changers have constructed professional identities and are accustomed to working within a culture of collaboration and inquiry. In contrast school cultures are quite different and often teaching is a lonely solitary affair with little opportunity for collegial relationships aimed at knowledge building in the context of teaching. This research was a longitudinal study that followed 17 teachers from the commencement of teaching. Most of these teachers left professional careers to become teachers. Seven remained in teaching after three years.