Taxation. Particular Forms of Taxation. State Inheritance Tax on Stock of a Non-Resident in a Foreign Corporation Owning Realty within the State

1921 ◽  
Vol 35 (1) ◽  
pp. 93
Keyword(s):  
The State ◽  
Inheritance Tax ◽  
Foreign Corporation

Constitutional Law in 1918–1919. II: The Constitutional Decisions of the Supreme Court of the United States in the October Term, 1918

1920 ◽  
Vol 14 (1) ◽  
pp. 53-73
Author(s):  
Thomas Reed Powell
Keyword(s):  
Due Process ◽  
The United States ◽  
Fourteenth Amendment ◽  
The State ◽  
Personal Property ◽  
Commerce Clause ◽  
The Supreme Court ◽  
Constitutional Decisions ◽  
Extra State ◽  
Foreign Corporation

Several of the cases already considered under the commerce clause involved further questions under the Fourteenth Amendment. Georgia's misuse of the mileage ratio in applying the unit rule to the taxation of wandering cars was found so arbitrary as to violate the requirement of due process. The minority insisted that “the case presents no question of taxing a foreign corporation with respect to personal property that never has come within the borders of the state.” This was not specifically denied by the majority who seem to base their decision on excessive valuation of property within the jurisdiction rather than on taxation of property outside the jurisdiction. Yet in substance the case is one of taxing extra-state values though not extra-state tangible objects.Missouri's excessive fee for certificates authorizing the issue of bonds secured by railroad property within the state, which was held an unconstitutional regulation of interstate commerce, was alleged by complainant to be a violation of the Fourteenth Amendment as well. The opinion of the court did not pass on the due-process question, but the cases cited under the commerce clause relied also on the Fourteenth Amendment.

scholarly journals Relevo generacional y transmisión “mortis causa” de la empresa familiar en el Derecho español

2020 ◽  
Vol 22 (2) ◽  
pp. 34-75
Author(s):  
Ignacio Gallego Domínguez
Keyword(s):  
Family Business ◽  
Succession Planning ◽  
Family Businesses ◽  
The State ◽  
Code System ◽  
Next Generation ◽  
Legal Requirements ◽  
Inheritance Tax ◽  
Spanish Law ◽  
The Family

The most crucial challenge for family businesses is the transfer to the next generation. It affects both the leadership and the ownership of the enterprise, whether individual or corporate. Transferring the ownership of the organization at the time of the death of the owner, raises important questions in the Spanish Civil Code system, in which inheritance contracts are not allowed, and there are rigid forced heirship provisions, which limit the testator's freedom. The correct and appropriate transmission of the family business requires adequate planning, which must lead to write a will -to avoid intestacy-, and make use of those special mechanisms that contemplate the payment of the forced heirship with money outside the state, as well as those others allowed in Spanish law that help to channel the phenomenon. Succession planning also requires being vigilant to comply with the legal requirements for obtaining benefits in inheritance tax.

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