Black fella land – white fella tax : changing the CGT implications of aboriginal/native title

The taxation of aboriginal/native title payments gives rise to a number of complex and difficult legal and policy issues. Reform measures announced on 13 February 1998 by the then Federal Treasurer and Attorney-General did not address the possible capital gains tax (‘CGT’) implications and even those relating to ordinary income under s 6-5 Income Tax Assessment Act 1997 (Cth) remain unimplemented. The much anticipated Report of the Native Title Payments Working group (6 February 2009), while primarily focusing on non-taxation issues, also recognises the need for taxation reform and makes some recommendations in regard to such. Most recently, on 18 May the Assistant Treasurer, Senator Nick Sherry, the Minister for Families, Housing, Community Services and Indigenous Affairs, Jenny Macklin, and the Attorney General, Robert McClelland, announced the commencement of a national consultation on the tax treatment of native title, including the interaction of native title, Indigenous economic development and the tax system. The Assistant Treasurer recognised the need for “greater clarity and increased certainty for native title holders on how the tax system and native title interact.” At the same time, they released a paper entitled Native Title, Indigenous Economic Development and Tax to guide the national consultation. The proposed measures considered in the paper, including exempting Native title payments and/or creating a new tax exempt Indigenous Community Fund, provide a welcome step towards reform in this area. This article is part of a broader research project that explores the CGT implications of aboriginal/native title. While these provisions impact on both Indigenous traditional owners and relevant payers, such as mining companies, the focus in the project is particularly on the CGT implications for the traditional owners. This first part of the project examines the status of aboriginal/native title and incidental/ ancillary rights as CGT assets. The broader research project will then build on this analysis in the context of relevant CGT events. As the preliminary findings in this article evidence the CGT implications of aboriginal/native title are far from certain. The application of CGT to aboriginal/native title raises more issues than it answers. The key reason is that the current law is entirely unsuitable to communally held inalienable aboriginal/native title. Nevertheless, it will be seen that it is arguable that aboriginal/native title and/or incidental rights are post-CGT assets and acts in relation to such could trigger a CGT event with tax implications for the traditional owners. It will be suggested that these current tax provisions provide a very pertinent example where the law operates as a blunt tool that does not appropriately promote justice and reconciliation. To tax Indigenous communities as a result of acts that extinguish or impair their traditional ownership is incongruous. A specific provision(s) should be included in the capital gains provisions to ensure any such payments are exempt from taxation. This is not only fair given the history of uncompensated extinguishment of aboriginal title Australia, but also promotes the ability of Indigenous communities to optimise the financial benefits stemming from aboriginal/native title agreements.

Improving our superannuation regime : a post-Henry review look at superannuation taxation, raising superannuation balances and longevity insurance

This paper examines what, if any changes should be made regarding certain aspects of the superannuation system. Specifically, it looks at possible changes to the superannuation tax regime, measures intended at increasing superannuation balances, as well as policies aimed at improving the price and availability of retirement income streams. The recommendations of the final report of the Henry Review on these issues are also critically evaluated. The paper finds that a greater targeting of superannuation tax concessions towards middle and lower income earners would make the system more equitable and achieve other desirable goals such as increasing voluntary savings. Furthermore, the available evidence suggests that the current mandatory contributions rate of 9% is adequate, and a higher contributions rate is likely to have more costs than benefits. On the issue of superannuation income streams, the article finds that whilst taxpayers should continue to be allowed to take their superannuation as a lump sum, policies should be implemented to make lifetime annuities more readily available and better value for money. The Henry Review's recommendations on these issues, with some exceptions, are for the most part sound and based on logic.

The value of oral history in natural resource management : the Balcombe Estuary Reserve, Mount Martha, Victoria

This study investigates the benefits of using oral history as a tool for the sustainable management of estuaries. Twenty-two semi-structured interviews were conducted to generate oral history records for the Balcombe Estuary Reserve, a small estuary in a periurban zone on the Mornington Peninsula, Victoria. These interviews establish a more complete picture of changes in land use and ecological change to the estuary since European settlement of the area, and document community values. The interviews were followed with a survey to further explore management issues in the area. Use of oral history was found to be an effective approach to assist holistic estuarine management, especially when complemented by other sources of information.

Gold and silver mining in the 16th and 17th centuries, land titles and agricultural productivity

Although agricultural productivity is critical for economic development very little is known about the causes of the large dispersion in agricultural productivity across the world. Microeconomic studies increasingly stress the lack of land rights in many poor countries as an important source of low productivity. This paper examines the role played by land titles in explaining differences in agricultural productivity for 93 countries. Using the per capita accumulated value of gold and silver production in the 16th and 17th centuries as instruments for land rights it is shown that enforcement of land titles is a significant source of agricultural productivity inequality across the world.

Land taxes in a Latin American context

Since Henry George (1839-1897) economists have been arguing that a tax on unimproved land is an ideal tax on efficiency grounds. Output taxes, on the other hand, have distortionary effects on the economy. This paper shows that under asymmetric information output taxes might be used along with land tax in order to implement an optimal taxation scheme in a Latin American context, i.e., where land rental markets are relatively thin, land property provides non-agricultural payoffs and there is nonrevenue objectives of land taxation. Also, the model has two implications that can be tested empirically: (i) there is evasion when schemes based only on land taxes are implemented; (ii) this evasion is more severe for large landholders.

The land assembly problem revisited

As in the standard land assembly problem, a developer wants to buy two adjacent blocks of land belonging to two di¤erent owners. The value of the two blocks of land to the developer is greater than the sum of the individual values of the blocks for each owner. Unlike the land assembly literature, however, our focus is on the incentive that each lot owner has to delay the start of negotiations, rather than on the public goods nature of the problem. An incentive for delay exists, for example, when owners perceive that being last to sell will allow them to capture a larger share of the joint surplus from the development. We show that competition at point of sale can cause equilibrium delay, and that cooperation at point of sale will eliminate delay.

Essays in taxation and savings

Esta tese é composta por três artigos. Dois deles investigam assuntos afeitos a tributação e o terceiro é um artigo sobre o tema “poupança”'. Embora os objetos de análise sejam distintos, os três possuem como característica comum a aplicação de técnicas de econometria de dados em painel a bases de dados inéditas. Em dois dos artigos, utiliza-se estimação por GMM em modelos dinâmicos. Por sua vez, o artigo remanescente é uma aplicação de modelos de variável dependente latente. Abaixo, apresenta-se um breve resumo de cada artigo, começando pelos dois artigos de tributação, que dividem uma seção comum sobre o ICMS (o imposto estadual sobre valor adicionado) e terminando com o artigo sobre poupança. O primeiro artigo analisa a importância da fiscalização como instrumento para deter a evasão de tributos e aumentar a receita tributária, no caso de um imposto sobre valor adicionado, no contexto de um país em desenvolvimento. O estudo é realizado com dados do estado de São Paulo. Para tratar questões relativas a endogeneidade e inércia na série de receita tributária, empregam-se técnicas de painel dinâmico. Utiliza-se como variáveis de controle o nível do PIB regional e duas proxies para esforço fiscal: a quantidade e o valor das multas tributárias. Os resultados apontam impacto significativo do esforço fiscal nas receitas tributárias. O artigo evidencia, indiretamente, a forma como a evasão fiscal é afetada pela penalidade aplicada aos casos de sonegação. Suas conclusões também são relevantes no contexto das discussões sobre o federalismo fiscal brasileiro, especialmente no caso de uma reforma tributária potencial. O segundo artigo examina uma das principais tarefas das administrações tributárias: a escolha periódica de contribuintes para auditoria. A melhora na eficiência dos mecanismos de seleção de empresas tem o potencial de impactar positivamente a probabilidade de detecção de fraudes fiscais, provendo melhor alocação dos escassos recursos fiscais. Neste artigo, tentamos desenvolver este mecanismo calculando a probabilidade de sonegação associada a cada contribuinte. Isto é feito, no universo restrito de empresas auditadas, por meio da combinação “ótima” de diversos indicadores fiscais existentes e de informações dos resultados dos procedimentos de auditoria, em modelos de variável dependente latente. Após calculados os coeficientes, a probabilidade de sonegação é calculada para todo o universo de contribuintes. O método foi empregado em um painel com micro-dados de empresas sujeitas ao recolhimento de ICMS no âmbito da Delegacia Tributária de Guarulhos, no estado de São Paulo. O terceiro artigo analisa as baixas taxas de poupança dos países latino-americanos nas últimas décadas. Utilizando técnicas de dados em painel, identificam-se os determinantes da taxa de poupança. Em seguida, faz-se uma análise contrafactual usando a China, que tem apresentado altas taxas de poupança no mesmo período, como parâmetro. Atenção especial é dispensada ao Brasil, que tem ficado muito atrás dos seus pares no grupo dos BRICs neste quesito. O artigo contribui para a literatura existente em vários sentidos: emprega duas amplas bases de dados para analisar a influência de uma grande variedade de determinantes da taxa de poupança, incluindo variáveis demográficas e de previdência social; confirma resultados previamente encontrados na literatura, com a robustez conferida por bases de dados mais ricas; para alguns países latino-americanos, revela que as suas taxas de poupança tenderiam a aumentar se eles tivessem um comportamento mais semelhante ao da China em outras áreas, mas o incremento não seria tão dramático.

Application of landsat images for quantifying the energy balance under conditions of land use changes in the semi-arid region of Brazil

In the Nilo Coelho irrigation scheme, Brazil, the natural vegetation has been replaced by irrigated agriculture, bringing importance for the quantification of the effects on the energy exchanges between the mixed vegetated surfaces and the lower atmosphere. Landsat satellite images and agro-meteorological stations from 1992 to 2011 were used together, for modelling these exchanges. Surface albedo (α0), NDVI and surface temperature (T0) were the basic remote sensing retrieving parameters necessary to calculate the latent heat flux (λE) and the surface resistance to evapotranspiration (rs) on a large scale. The daily net radiation (Rn) was obtained from α0, air temperature (Ta) and short-wave transmissivity (τsw) throughout the slob equation, allowing the quantification of the daily sensible heat flux (H) by residual in the energy balance equation. With a threshold value for rs, it was possible to separate the energy fluxes from crops and natural vegetation. The averaged fractions of Rn partitioned as H and λE, were in average 39 and 67%, respectively. It was observed an increase of the energy used for the evapotranspiration process inside irrigated areas from 51% in 1992 to 80% in 2011, with the ratio λE/Rn presenting an increase of 3 % per year. The tools and models applied in the current research, can subsidize the monitoring of the coupled climate and land use changes effects in irrigation perimeters, being valuable when aiming the sustainability of the irrigated agriculture in the future, avoiding conflicts among different water users. © 2012 SPIE.

Competitiveness and efficiency in land transport

One of the consequences of the opening of the worlds economies - an integral part of globalization - is increased focus on the efficiency and costs of transport services (on which competitiveness is largely dependent). Countries with inefficient and costly transport services lose out, in terms of economic activity and income, to those with more appropriate transport services. The issue is particularly important in Latin America, where exports mainly consist of bulk consignments of products with comparatively low value/quantity ratios and transport costs are a major determining factor of c.i.f. prices.The determination of competitiveness indices in the long term, however, also needs to include the costs of pollution, congestion and accidents, in addition to the transport costs usually considered as part of the price of freight. Competitiveness, efficiency and the global costs of transport were the main subjects of an international seminar organized in conjunction with the Chilean Institute of Engineers and held on 9 and 10 September 2004 at the Headquarters of the Economic Commission for Latin America and the Caribbean (ECLAC).

Water productivity of different land uses in watersheds assessed from satellite imagery Landsat 5 Thematic Mapper

Fundação de Amparo à Pesquisa do Estado de São Paulo (FAPESP)

Book Review of Determining the Economic Value of Water: Concepts and Methods by Robert A. YoungBook Review of Determining the Economic Value of Water: Concepts and Methods by Robert A. Young

Water has been and will continue to be a contentious issue for policy makers, landowners, municipalities, environmentalists, and citizens who feels they have an undeniable right to clean water delivered to their homes (at least in the United States). With so many groups coming into conflict over what, at least in the West and the Great Plains, continues to be a diminishing resource per capita, an understanding of the economic value of this resource is critical. It is important to note, as Robert Young does throughout his book, that the true economic value of water goes beyond what we pay our city services each month, or the cost to farmers or ranchers for pumping and distributing that water on their land. The value of water must take into account the value of the competing uses which are sometimes difficult to price.

Water Rights and Land Values in the West-Central Plains

Irrigation is vital to the economic activity of the west-central Great Plains. The crops grown, the distribution of center-pivot irrigation systems, and the basic transportation infrastructure is the same in northwest Kansas, northeast Colorado, and southwest Nebraska. But buyers of agricultural land face a different price for irrigated cropland in each of the states, even when the production characteristics of the land are similar. After accounting for factors like productivity and local property tax differences, we argue that it is the difference in water marketing rights between the three states that explains the price difference. The link between land values and water marketing rights is statistically developed by using Ordinary Least Squared (OLS) regression techniques. After adjusting for differences in property taxes, the analysis reveals that the implicit value of full water-marketing rights in the region is approximately $1,026 per acre. This valuation is within the range of estimates provided by other comparable studies across the country.

Messung des Landé-gJ-Faktors im Grundzustand von Ca + und Untersuchung des Speicherverhaltens von Elektronen in einem Penningkäfig

Ionenkäfige und speziell Penningfallen stellen sich in der Atomphysik als außergewöhnliche Werkzeuge heraus. Zum einen bieten diese 'Teilchencontainer' die Möglichkeit atomphysikalische Präzisionsmessungen durchzuführen und zum anderen stellen Penningfallen schwingungsfähige Systeme dar, in welchen nichtlineare dynamische Prozesse an gespeicherten Teilchen untersucht werden können. In einem ersten Teil der Arbeit wurde mit der in der Atomphysik bekannten Methode der optischen Mikrowellen-Doppelresonanz Spektroskopie der elektronische g-Faktor von Ca+ mit einer Genauigkeit von 4*10^{-8} zu gJ=2,00225664(9) bestimmt. g-Faktoren von Elektronen in gebundenen ionischen Systemen sind fundamentale Größen der Atomphysik, die Informationen über die atomare Wellenfunktion des zu untersuchenden Zustandes liefern. In einem zweiten Teil der Arbeit wurde hinsichtlich der Untersuchungen zur nichtlinearen Dynamik von parametrisch angeregten gespeicherten Elektronen beobachtet, dass ab bestimmten kritischen Teilchendichten in der Penningfalle die gespeicherten Elektronen kollektive Eigenschaften manifestieren. Weiterhin wurde bei der Anregung der axialen Eigenbewegung ein Schwellenverhalten der gemessenen Subharmonischen zur 2*omega_z-Resonanz beobachtet. Dieser Schwelleneffekt lässt sich mit der Existenz eines Dämpfungsmechanismus erklären, der auf die Elektronenwolke einwirkt, so dass eine Mindestamplitude der Anregung erforderlich ist, um diese Dämpfung zu überwinden. Durch Bestimmung der charakteristischen Kurven der gedämpften Mathieuschen Differentialgleichung konnte das beobachtete Phänomen theoretisch verstanden werden.

Effects of 2013 Cap reform on land market: regionalized farm payments and changes in farmers’ intended behaviour

The CAP reform process has been a central issue for agricultural economics research in recent years, and is gaining further attention in view of the post-2013 perspectives (Viaggi et al., 2010; Bartolini et al., 2011). Today the CAP is in the middle of a new reform process. Through the debate generated by the official proposals, published in October 2011 (COM(2011)625/3), the European Union (EU) engaged in a revision of the CAP ended on 26 June 2013 when a political agreement has been reached (IP/13/613, MEMO-13-621 and IP/13/864). In particular, in Italy the switch of the payment regime from historical to regional bases will take place. The underlying assumption is that the shift to regionalized payments changes the remuneration of inputs and has an impact on farmers’ allocation of fixed resources. In this context, farmers are expected to adjust their plans to the new policy environment as the regionalization of support is meant to create a change in incentives faced by farmers. The objective of this thesis is to provide an ex-ante analysis of the potential impact of the introduction of regionalized payments, within the post-2013 CAP reform, on the land market. Regionalized payments seem to produce differentiated effects and contribute to a general (slight) increase of land exchanges. The individual reaction to the new payments introduction would be different depending on location and specialization. These effects seem to be also strongly influenced by the difference in historical payments endowment and value, i.e. by the previous historical system of distribution of payments.

Desertification mitigation and water harvesting based on sustainable land management

Traditionally, desertification research has focused on degradation assessments, whereas prevention and mitigation strategies have not sufficiently been emphasised, although the concept of sustainable land management (SLM) is increasingly being acknowledged. SLM strategies are interventions at the local to regional scale aiming at increasing productivity, protecting the natural resource base, and improving livelihoods. The global WOCAT initiative and its partners have developed harmonized frameworks to compile, evaluate and analyse the impact of SLM practices around the globe. Recent studies within the EU research project DESIRE developed a methodological framework that combines a collective learning and decision-making approach with use of best practices from the WOCAT database. In-depth assessment of 30 technologies and 8 approaches from 17 desertification sites enabled an evaluation of how SLM addresses prevalent dryland threats such as water scarcity, soil and vegetation degradation, low production, climate change, resource use conflicts and migration. Among the impacts attributed to the documented technologies, those mentioned most were diversified and enhanced production and better management of water and soil degradation, whether through water harvesting, improving soil moisture, or reducing runoff. Water harvesting offers under-exploited opportunities for the drylands and the predominantly rainfed farming systems of the developing world. Recently compiled guidelines introduce the concepts behind water harvesting and propose a harmonised classification system, followed by an assessment of suitability, adoption and up-scaling of practices. Case studies go from large-scale floodwater spreading that make alluvial plains cultivable, to systems that boost cereal production in small farms, as well as practices that collect and store water from household compounds. Once contextualized and set in appropriate institutional frameworks, they can form part of an overall adaptation strategy for land users. More field research is needed to reinforce expert assessments of SLM impacts and provide the necessary evidence-based rationale for investing in SLM. This includes developing methods to quantify and value ecosystem services, both on-site and off-site, and assess the resilience of SLM practices, as currently aimed at within the new EU CASCADE project.