There are several fundamental problems with the judicial concept of income, that is, the concept of income that the courts employ for tax purposes. First, the judicial concept sees income as a flow, rather than as a gain. Secondly, as a consequence, it taxes some apparent flows that do not...

In this third in a series of four articles, the authors examine the German Real Estate Investment Trust (REIT) regime. Previous articles dealt with REITs in the United States and the United Kingdom. A subsequent and final article concludes with a comparison of the three regimes. This article...

In this first of a series of four articles, the authors consider real estate investment trust (REIT) regimes in general, and, then, focus on US REITs. In subsequent articles the authors deal with UK and German REITs, before concluding with a comparison of the three regimes. The United States was...

A collated bibliography of Cedric Sandford's works. The categories are research books and monographs; other research books and monographs; general texts; contributions to books; evidence and memoranda for Parliamentary Committees; and more important articles since 1965

From a tax policy point of view, one of the demerits of a foreign investment fund regime is that it causes the law to treat forms of investment that are similar in economic purpose and effect as if they were different. In particular, it I likely to distinguish between direct investments by...

This is a chapter of a book on foreign investment fund regimes. Most features of foreign investment fund regimes fit reasonably neatly into the analytical framework of definition, boundaries, scope, exceptions, and calculation of income, topics that are dealt with in other chapters of the book....

The expression “foreign” or “overseas investment fund regime” can be misleading. The direct targets of such a regime are local residents of the country that enacts the regime. Overseas investment fund regimes aim only indirectly at investment funds in other countries. The objective of a...

The adoption of mildly progressive taxation by the New Zealand government in the early 2000s meant that it became more attractive for parents to channel income to their children via trusts. This development led to the passage of the Taxation (Beneficiary Income of Minors, Services-Related...

This is the second of a series of four articles on the taxation of financial services under a value added tax. The first article considered whether, from a theoretical viewpoint, financial services should be included under a value added tax. It concluded that the arguments in favour of treating...

Value added tax (VAT) is a relatively modern development. Designers of VAT recognized from the outset that the way in which financial institutions are remunerated creates significant difficulty when the tax is applied to their services. Administrative difficulties relate to imposing...