| JaLCDOI | 10.18926/48334 |
|---|---|
| Title Alternative | A Study on the Criteria for Judgments in Tax Avoidance Litigations |
| FullText URL | snae_009_021_038.pdf |
| Author | Kobayashi, Hiroaki| |
| Publication Title | 北東アジア経済研究 |
| Published Date | 2012-03-26 |
| Volume | volume9 |
| Start Page | 21 |
| End Page | 38 |
| ISSN | 1880-8476 |
| language | Japanese |
| Copyright Holders | 岡山大学大学院社会文化科学研究科 |
| File Version | publisher |
| NAID | 40019298080 |
| JaLCDOI | 10.18926/OER/48230 |
|---|---|
| Title Alternative | An analysis on economic rationality of legal contracts in the tax avoidance cases |
| FullText URL | oer_043_4_001_013.pdf.pdf |
| Author | Kobayashi, Hiroaki| |
| Abstract | As the tax agency had aggressively examined and determined the suspected tax avoidance schemes, several litigations were sued by the taxpayers. The tax agency has justified its tax assessments based on the‘restructured contract approach in private law’, however, the court has not always judged favorable decisions. The main purpose of this article is to reconsider the economic rationality of tax avoidance scheme from a viewpoint of the possibility of earning a sufficient pre-tax profit. To clarify this purpose, I introduce the two major cases for tax avoidance litigation, the Film-lease case where the agency finally won and the Aircraft-lease case where the agency lost. Through the contrast of these cases, I would mention how the tax reduction effects were created in the schemes and whether the economic substances of these lease business activities can be recognized without the tax reduction effects. I would finally suggest how the tax agency would conduct tax examinations against the tax avoidance schemes. |
| Publication Title | 岡山大学経済学会雑誌 |
| Published Date | 2012-03-15 |
| Volume | volume43 |
| Issue | issue4 |
| Start Page | 1 |
| End Page | 13 |
| ISSN | 0386-3069 |
| language | Japanese |
| Copyright Holders | Copyright © 2012 岡山大学経済学会 |
| File Version | publisher |
| NAID | 40019234829 |
| JaLCDOI | 10.18926/OER/47296 |
|---|---|
| Title Alternative | A study on the conflict and intertwine of the accounting standards and the tax law in asset losses |
| FullText URL | oer_043_3_001_013.pdf |
| Author | Kobayashi, Hiroaki| |
| Abstract | This paper first refers to the key concept of recognition of asset losses under the corporate tax law. The tax law basically restricts the loss deduction and imposes requirements of "settlements" with a fact of physical or monetary damage for the special loss deduction unless potential nonrecognized losses may be deducted under the accounting standards from the viewpoint of disclosure for asset fair values. This loss deduction rule is derived from the foreseeability and legal stability in calculation of taxable income. This paper secondly explains the content and legislative context of the recent amendments in the depreciation system and allowance expenses. Some allowance systems has been repealed in order to enlarge the tax base and increase the tax revenue, however, the accelerated depreciation, newly introduced system in the recent corporate tax reform, brought a broad accrual expense, where it caused an opposite result to the tax base. I would rather mention the background of the past tax reforms and suggest the range of estimated accrual expenses should be more broadened. Finally, this paper would clarify the contemporary signification in the loss deduction rule. ASBJ has issued the cumulative accounting standards for the global convergence, and is now required the final decision for the IFRS adoption. It would likely be said that harmonization between the accounting and tax enforcement would be continuously pursed through this convergence process. The loss deduction rule would have a vital role in the fair value measurement in tax accounting, where tax income and each tax item on a balance sheet are measured by an index with high accuracy and legal settlement. |
| Publication Title | 岡山大学経済学会雑誌 |
| Published Date | 2011-12-01 |
| Volume | volume43 |
| Issue | issue3 |
| Start Page | 1 |
| End Page | 13 |
| ISSN | 0386-3069 |
| language | Japanese |
| Copyright Holders | Copyright © 2011 岡山大学経済学会 |
| File Version | publisher |
| NAID | 40019162496 |
| JaLCDOI | 10.18926/44432 |
|---|---|
| Title Alternative | A Study on the Concept of Fair Value in the Corporate Tax Act |
| FullText URL | hss_031_001_013.pdf |
| Author | Kobayashi, Hiroaki| |
| Publication Title | 岡山大学大学院社会文化科学研究科紀要 |
| Published Date | 2011-03-25 |
| Volume | volume31 |
| Start Page | 1 |
| End Page | 13 |
| ISSN | 1881-1671 |
| language | Japanese |
| Copyright Holders | Copyright © 2011 岡山大学大学院社会文化科学研究科 |
| File Version | publisher |
| NAID | 120002905925 |
| JaLCDOI | 10.18926/OER/41093 |
|---|---|
| Title Alternative | A Study on the Concept of Accounting Profit and Taxable Income, and the Policy for Their Coordination System |
| FullText URL | oer_042_3_001_012.pdf |
| Author | Kobayashi, Hiroaki| |
| Abstract | This paper first refers to the key concept of accounting profit and taxable income. Taxable income is recognized at the time of realization because it should be bearable under tax burden and can legally settle an interest in related parties. Accounting profit, defined as 'comprehensive income', is recognized and measured as the amount of periodic increase in net assets. This major difference was caused by the paradigm shift, such as the main purpose of financial reporting system was converted into the decision usefulness. This paper secondly clarifies the relationship between accounting profit and taxable income. Corporate tax law provides that taxable income is coordinated with annual closing profit based on GAAPs. Cumulative issuances of accounting standards for purpose of the global convergence brought difficulties in this coordination process. It might be more complicated when the IFRS is adapted to non-consolidated financial statements. Thirdly, this paper suggests the recent policy for this coordination. With regard to US enforcement of the IRS, Schedule M-3, reported on the factors of variances between profit and income in detail, has been required to attach corporate tax returns amended after the 'Enron' incident. Taxable income should be chained to GAAP profit in order to secure both proper accounting and tax purposes, and the coordination system would play an important role in our tax system after the IFRS adoption. |
| Publication Title | 岡山大学経済学会雑誌 |
| Published Date | 2010-12-25 |
| Volume | volume42 |
| Issue | issue3 |
| Start Page | 1 |
| End Page | 12 |
| ISSN | 0386-3069 |
| language | Japanese |
| Copyright Holders | 岡山大学経済学会 |
| File Version | publisher |
| NAID | 120002689797 |
