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UAE | Search Results | The Greater Middle East | Page 71

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Murder suspects who have fled the UAE may be prosecuted at home - Публикации /Криминальное право

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Keeping in mind the contradiction between the heading of this article and the quotation above, I wish to draw your attention to an illustration. Now, the few plants he was referring to were marijuana plants and the imaginary line was the US - Mexico border. The man was carrying a few plants over an imaginary line. But according to the law, the plants he was carrying were Schedule I substances under the Controlled Substances Act, So, the unpleased judge sentenced Mr. Jung to two years of imprisonment for carrying illegal plants over substantially visible political boundaries. And as the title suggests, our topic of discussion today is to analyze this difference between legality tax avoidance and illegality tax evasion in regards to unpaid taxes. Leaving all the technicalities out, the primary difference between tax evasion and tax avoidance is legality. Although, these terms came into existence to provide the taxpayers, governments, and courts with ease of defining the concept; that has not been the result. Whereas, the latter contends that they have acted within the purview of the law and were merely trying to minimize their liability. The taxpayer s will be acquitted if the courts decide the case by stating that he has merely avoided the tax and they will be convicted if the courts decide that the taxpayer was trying to evade the provisions of the tax law. Tax avoidance is legally minimizing tax liability, including deductions prescribed by the legislation , tax credits, tax deferral plans like k plans and so on. Concerning our above illustration of George Jung, tax avoidance is basically like carrying a few plants across an imaginary line — no illegality involved as long as the facilities are plants and the imaginary line is not a political border. Whereas, tax evasion, on the other hand, is not a simple journey. Tax evasion is illegal as it is the failure of a taxpayer to pay actual taxes that they owe to the authorities by deceit, or by concealing the exact tax amount. Tax attorneys and accountants often try to reduce the tax liability of their clients by engaging numerous methods. But how will you know whether they are crossing this line and are moving over to do something illegal? Mens Rea also known as ill-intention or fraudulent intention is one of the primary factors considered when trying to determine the difference between tax evasion and tax avoidance. Tax evasion is an illegal act by which a taxpayer tries to portray to the authorities that he or she is liable to pay lesser tax than their actual liability — if they would disclose their income in good faith. The illegality in tax evasions comes into existence only when the taxpayer fails to disclose the actual amount of the revenue that they have gained in a particular transaction. To begin with, we should first understand why tax evasion is considered illegal. Let us analyze this case to understand further: taxpayers in the US are liable to pay tax on their illegal income also. In the infamous case of James v. James was held and tried for his failure to disclose this amount to the Internal Revenue Service IRS — or in short, tax evasion. It was a landmark case on tax evasions in the US at the time. After studying the facts and analyzing the provisions, the Supreme Court held that the appellant had an obligation to disclose this illegal income under gross income. It meant that the appellant was required to return the embezzled money to the rightful owners and also pay tax for it. The existence of fraudulent actions gives rise to the concept of tax evasion. Although tax evasion, as a whole, is considered a serious crime, there are different types of tax evasions. The negligence or omission in submitting the returns of income are considered less offensive than false or fake declarations. The latter may fall under tax fraud since it constitutes an explicit act with an ill-intent by the taxpayer to reduce or minimize his tax payables. Tax avoidance can be determined by the complexities in the taxation regime of the country as complexities tend to leave a vacuum for bickering about the intention of the lawmaker and for innovative attempts to find arrangements within the text of law if it is not in its spirit. Avoidance behavior is typically an indication of the substitution effect and of ability to utilize the tax code to your advantage. This activity allowed many US citizens to camouflage their income from the IRS, which can typically be construed as an avoidance scheme but was later categorized as an aid to hide taxable assets by opening offshore accounts. After one year, Switzerland bank accounts accuse UBS of tax evasion. Post the infamous UBS incident IRS in late , initiated a program namely, Voluntary Disclosure Program as an incentive for those who will disclose their foreign accounts for evading taxes. Currently, in the US, tax avoidance is a legal practice, but the restriction applies to tax evasion. The legislative framework introduced by the HM Revenue and Customs HMRC which updates the customs department about new tax avoidance schemes currently in circulation. DOTAS rules are lengthy and complicated, and as soon as it is presumed that a person can obtain a tax advantage, thedisclosure regarding details of the arrangementreferred to HMRC. The prevalence of tax avoidance schemes and rules in almost all major countries has been successful in convincing governments that it is a difficult battle against tax evasion and tax avoidance. Even though the UAE is relatively new to the taxation arena, the nation has already joined the battleground against the tax evaders to curb tax evasion. The convention signed under OECD provides all possible assistance in tax-related matters such as tax examinations, tax collection, automatic exchange, and tax examinations abroad. CRS is a step ahead to defeat the tax evaders as the system enables the authority to keep a record of information exchanged between the countries regarding individuals and expat bank accounts, including all the details of interest and income earned outside the territory. The UAE government has not implemented technical provisions that distinguish between tax evasion and tax avoidance since the country was considered a tax haven for the many previous years. However, the implementation of value added tax in the state is expected to bring thorns in the corporate garden of the UAE. But only time can tell about the differences that VAT may bring about in the taxation regime in the country. The amount of federal revenue at stake due to tax evasion every year is prominent enough to raise public concern. 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Вторичный Выкуп Частного Акционерного Капитала Вторичный Выкуп Частного Акционерного Капитала Вторичные выкупы частного акционерного капитала РЕ часто используются как стратегия выхода для инвестиций помимо первичного публичного размещения акций IPO или поглощений, а также рассматривается как…. The Evolution of Private Equity in India The Evolution of Private Equity in India The advent of the year has seen a lot of political and economic skepticism unfolding in the form of the Brexit vote,….

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