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 日本語
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 日本語
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 日本語
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 日本語
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
Author Kobayashi, Hiroaki|
Published Date 2010-12-25
Publication Title 岡山大学経済学会雑誌
Volume volume42
Issue issue3
Content Type Journal Article