scholarly journals Selected US Tax Developments: Avoiding the "Commercial Activity" Traps for Foreign Sovereigns Investing in US Real Estate

2019 ◽  
Vol 67 (2) ◽  
pp. 467-479

US tax laws include a favourable exemption for certain types of US income earned by foreign sovereigns and their controlled entities. Unfortunately, however, there are a number of traps relating to the conduct of commercial activities. The applicable rules are not always intuitive, or even rational, so careful planning is needed.

2021 ◽  
Vol 9 (1) ◽  
pp. 31-46
Author(s):  
Ibrokhim Xabibullayev ◽  
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Ruslana Zhovnovach ◽  
Mariia Petrova ◽  
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...  

The actual problems of work in the sphere of organization of supply and sale are considered, the existing developments in the sphere of modeling and optimization of commercial activity of the wholesale trading enterprises are analyzed. The necessity of a comprehensive approach to improving the commercial activities of wholesalers is substantiated. The composition of the solutions included in the integrated approach is determined by the sole purpose, practical possibilities of its implementation and implementation at the wholesale enterprises and is based on the analysis of actual problems of the industry as a whole, interdependence in the work of departments, development of a single optimization criterion. The effectiveness of the integrated approach is based on the fact that for the sake of maximum result it is important not to isolate the development of individual operations, but to improve the entire purchasing system of the wholesale enterprise as a whole. The scientific and methodological approach of carrying out the integrated ABC-XYZ analysis of a range of a trading enterprise by its combination with R/S analysis, which acts as a criterion for the effectiveness of the XYZ analysis and an indicator of the possibility of forecasting the dynamics of sales of individual product groups, has been improved. XYZ analysis, based on the calculation of the coefficient of variation, when there are deterministic factors such as seasonality, cyclicality or trend in a series of determinants, shows erroneous results. Therefore, it is suggested to use R/S analysis to evaluate the quality of the XYZ analysis and to pre-process the data. This will allow us to draw more adequate conclusions about the possibility of forecasting the dynamics of sales of certain product groups in the future.


Author(s):  
Ron Craig

Our understanding of “the Web” and its e-commerce (EC) potential has grown rapidly during the past decade. While ecommerce has matured and is now mainstream, there continue to be opportunities to innovate as technology improves, the public is increasingly comfortable with and dependent up the e-approach, and new or enhanced applications appear. While historical roots of the Web go back several decades, it was only in the last two that business really started to embrace the Internet, and in the last one that commercial opportunities on the Web grew rapidly. Business use has gone from simple operational efficiencies (e-mail on the Internet, replacement of private EDI networks, etc.) to effectiveness (enhanced services, virtual products, and competitive advantage). Information and information products, available in digital form, and the ability to quickly transfer these from one party to another, have led to a paradigm shift in the way organizations operate. Many BPR (business process re-engineering) projects made use of the Web to streamline business processes and reduce or eliminate delays. Web self-service has emerged as a popular approach, with benefits for both customers and providers. Even governments have embraced the Web (e-government) for information and service delivery and interaction with citizens and businesses. While the transition has followed the historical IT progression of automate, infomate, and transformate, the pace has been unprecedented. There have been successes and failures, with fortunes made and lost. After the dot-com boom/bust cycle, things settled down somewhat; yet the rapid pace of Web initiatives continues. At the forefront are innovators seeking competitive advantage. At the rear are laggards who can no longer ignore efficiencies provided by the Web and market requirements to be Web-enabled. Paralleling the improvement in IT and the Internet has been a series of economic shifts including globalization, flattening of hierarchical organizations, outsourcing and off-shoring, increasing emphasis on knowledge work (contrasted with manual labor), plus growth in the service sector and information economy. IT has both hastened these economic shifts and provided a welcome means of addressing the accompanying pressures (often through EC or other Web initiatives). To consider EC strategy and Web initiatives, one first needs to understand strategy and then extend this to the organization’s business model and tactics. A firm’s general business strategy includes, but is not limited to, its IT strategy (Figure 1). Similarly, EC strategy is a subset of IT strategy. Strategy should drive actions (tactics), through an appropriate business model. When strategy (business, IT, and EC) and tactics are closely aligned, and tactics are successfully executed, desirable results are obtained. Sometimes this normative view becomes reversed or otherwise changed. In the extreme, Web initiatives become the sole major focus (as was the case in the early days of the dot-com boom). However, without alignment between such tactics and the firm’s strategy and business model, such an approach is either doomed to eventual failure or substantial modification. In addition to commercial use of the Web, there are many non-commercial uses and non-commercial users (governments, educational institutions, medical organizations, etc.). The term e-business is often used to include both commercial and non-commercial activity on the Internet. In this article, the focus is on commercial activities (B2B and B2C). While e-government includes use of EC, governments are often driven by goals and responsibilities other than profit generation or cost reduction.


2018 ◽  
Vol 16 (1) ◽  
pp. 207-213 ◽  
Author(s):  
Natalia Lokhman ◽  
Oksana Karashchuk ◽  
Olena Kornilova

The article deals with eSports as a perspective kind of commercial activity. The research urgency is determined by the fact that, given the active increase of eSports market with growth rates of more than 30% per year, the types of commercial activities in this field and in scientific papers are not studied in an adequate degree. The purpose of the article is to evaluate the commercial activity development in eSports and to determine the perspectives for its further growth in Ukraine. In order to determine the key types of commercial activity in eSports, the main sources of revenue in this area compared to sports were investigated, which showed a large unrealized potential for increasing revenues from the sale of tickets to competitions, the realization of broadcasting rights and merchandising. The study also showed that the largest number of income sources in eSports is at the stage of cyber-tournaments, which can be explained by a large consumer audience at this stage. However, unlike the esports world practice, computer game producers and well-known manufacturers of consumer goods in Ukraine do not finance domestic competitions, and, therefore, this stage of commercial activity remains at a low level. In modern conditions, among the types of eSports activities in Ukraine, only the computer games production and the cyber-racers game are properly developed. According to authors, to improve the eSports development in Ukraine, creating the national system of regular eSports competitions is needed, which will form the basis for the development of most types of commercial activities that are part of the cyber-tournaments. To do this, one needs to create appropriate platforms, as well as improve communications with fans in social networks and at amateur competitions. All this will make eSports a highly profitable business in Ukraine.


2017 ◽  
Vol 6 (s2) ◽  
pp. 95-101
Author(s):  
Dodik Setiawan Nur Heriyanto

Abstract This study traces the history of the formation of immunities concept and its application in commercial activities in ancient Mesopotamia and Greece. The doctrine of immunity is discussed based on the historical process starting from the myth, concept, and its implementation in the commercial/trade activities. By using historical approach, this study shows that in Mesopotamia and Greece, traders or merchants enjoyed absolute immunity due to their position as the representative of their King or polis in which their commercial acts and diplomatic mission were combined. In Mesopotamia, merchants enjoyed the full confidence of the King, and one would not be wrong to suppose that in such enterprises commercial activity and diplomatic mission were combined. Compared to the Mesopotamian practices that granted all traders with the status of immunity from public obligations, in ancient Greece only traders with honorific conditions could enjoy the status of proxenos.


Arsitektura ◽  
2017 ◽  
Vol 13 (2) ◽  
Author(s):  
Galih Ajie Nugraha ◽  
B. Heru Santosa ◽  
Amin Sumadyo

<p><em>Business Superblock in North Jakarta motivated by the potential and high economic attractiveness of Jakarta but not matched with good urban planning so that Jakarta is not ready to accept urbanization and has residential and transportation issues. The objective of this scheme is to get the design of superblock area is able to accommodate business and commercial activities, supported by residential facilities and access to public transportation. The method used is a method of planning and architectural design through an approach that is taken from the book of David Owen: Green Metropolis : Why Living Smaller, Living Closer, and Driving Less are the keys to sustainability.</em> <em>Design issues to be resolved are: the selection and processing footprint suitable for the needs of a superblock, and can support both business and commercial activity as main activity, as well as residential and recreational activities as secondary activities. The results are a design of superblock area is able to accommodate business activities and commercial (work), residential, and recreation with the support of public transportation access with the Green Metropolis approach.</em></p><p> </p><p align="center"><strong><em>K</em></strong><strong><em>eywords</em></strong><em>: Business Superblock, Green Metropolis, Business and Commercial, Mix-Used.</em></p>


2019 ◽  
Vol 83 ◽  
pp. 89-103
Author(s):  
Danuta Halina Rucińska ◽  
Andrzej Ruciński

According to the forecasts of the development of air traffic in Europe by 2030, it will be doubled. Along with the dynamic development of the industry, branch and its infrastructure, the area around airports is becoming a place of concentration of diversified commercial activity-economic, investment, business, cultural etc. The vicinity of airports, airport-related zones, especially in the immediate vicinity, are convenient roundabouts are convenient locations for commercial (business) parks due to high availability of air transport, supply of land for investment and infrastructure investment for these areas. They are managed from the level of airports as part of their non-aeronautical activities or by entities independent of the airport. The strength of these locations is demonstrated by the activities of airport managers, investors and local government officials whose goal is to attract foreign companies (users of modern real estate in so-called airport towns). The aim of the article is to analyze the development processes of these functional space structures, including those related to the Gdańsk Lech Walesa Airport. Theresearch process uses the methodology developed by ACI (Airport Council International), and some results and opinions are the effect of in-depth studies and author’s experience.


2019 ◽  
Vol 75 (4) ◽  
pp. 555-578
Author(s):  
Biswanath Gupta ◽  
Raju KD

The status and liability of non-governmental entities for commercial use of outer space activities on behalf of space launching states are not very clear under the existing space law regimes. Non-governmental entities are those who carry private space activities such as commercial launching, supplying different equipment or parts to space agencies and manufacturing spacecraft and satellite. The possible litigation relating to the commercial activities are mainly the financial consequence of damage caused and also the technical complications that private entities face in case of supply of defaulted parts to the space agencies. According to Article VI of the Outer Space Treaty 1967 and Articles II and III of Liability Convention 1972, launching country is liable for any activities in outer space. Even in the case of non-governmental activities, the launching state is liable. Therefore, in the event of any commercial activity from any sovereign states, the state is liable for any accidents and consequential damages. This article focusses on specific issues such as liability for commercial outer space activities of nongovernmental entities in the existing international space law regimes. It explores the applicable principle of space law and international law in outer space activities. The work also focusses on the impact on space liability regime as well as on the legal efficiency of the links between private entities and state liability. This exercise is important in the background of the increasing number of private spacecrafts scheduled for launching in the future.


Author(s):  
Karto Wijaya ◽  
Amat Rahmat ◽  
Fani Sukma Amalia

ABSTRACT : Population growth in the city of Bandung is increasing so that the laha needs especially commercial activities are also increasing both in the city center to the suburbs including Cibeunying Kaler District, Bandung City. The development of this commercial activity also occurs along the Surapati road corridor, especially those in Cibeunying Kaler District. Surapati road corridor is designated as a holy shirt tourism area with the existence of outlets as the main activity. The existence of this corridor also has various supporting activities such as economic/trade, social, health, worship, education and government building activities. With a variety of activities in it, so that it can lead to changes in residential functions into commercial buildings, such as changes in land use from settlements to an outlet area for t-shirts, trade and services for trade and service activities following market guidelines. This study aims to identify the functions of trade buildings along the Surapati road corridor in Bandung City. By using a qualitative descriptive method to determine the effect of any factors that influence changes in function in the corridor of Bandung city, Surapati. While the factors that influence the change are social factors, economic factors, accessibility, factors, and adequate infrastructure facilities around the Surapati road area Keywords : Changes in Land Function, Commercial Activities, Corridors


Author(s):  
Janusz Grabara ◽  
Dorina Tănăsescu

Commercial strategy ensures the industrial company's competitiveness in the globalised market economy and is the main focus of this chapter. Commercial activity enables the industrial companies to sell their products and therefore recover their resources used to achieve the production. In this context, the logistics of the company's industrial activity has an important role. In terms of the strategic management theory, the following issues are dealt with in this chapter: involvement of logistics in companies' commercial relations; impact of logistics in organising the manufacturers-distributors-customers relations; logistics – pilot of distribution networks; improvement of service quality at the customer – consequence of logistics; defining the commercial logistics system; designing and planning the commercial logistics system; means to monitor companies' sales; system for monitoring the performances of companies' commercial activities; logistics – commercial strategies relations. All these forms of logistics contribute to preparing a commercial strategy of the efficient company.


2020 ◽  
Vol 68 (3) ◽  
pp. 751-800
Author(s):  
Cody Kessler

Input tax credits (ITCs) are a mechanism for businesses to recover the goods and services tax (GST)/harmonized sales tax (HST) paid on expenses related to their commercial activities. While many businesses claim ITCs in accordance with the rules, instances of non-compliance are apparent. Canada uses an invoice credit system that relies on the claimant's retention of documentation that can be checked to detect any overstatement of ITC entitlement. Absent an audit, businesses are generally not required to provide tax authorities with details of their transactions. This article draws on a study of case law relating to section 169 of the Excise Tax Act over the five-year period 2014-2019. Section 169 contains the general principles and rules for claiming ITCs. The study highlights various reasons for non-compliance with the ITC system in Canada, both intentional and unintentional. There are several recurring themes: the prevalence of fraudulent practices in certain industries, burdensome documentation and verification requirements, and taxpayers' misunderstanding of the rules for claiming ITCs, owing to ambiguous or otherwise complicated legal tests. In particular, the substantive rules concerning what constitutes a "commercial activity" for the purposes of claiming ITCs are often misapplied or misunderstood by claimants. Undisclosed agency relationships also cause problems where they result in the wrong name appearing on the documentation supporting an ITC claim. These issues point to certain flaws in the implementation of the rules under the GST/HST regime in Canada. In response to instances of suspected fraud, Canadian tax authorities have been results-driven in implementing increasingly onerous supplier verification requirements that must be met before an ITC is claimed, particularly where the supplier did not remit the applicable tax. This contributes to a high compliance burden for taxpayers. Some proposals have been made for changes that would mitigate the issues associated with undisclosed agency relationships, but there are still problems with the documentation requirements and other substantive rules for claiming ITCs that need to be addressed. The article concludes with a review of reform options proposed or adopted in other jurisdictions with a value-added tax. It also discusses a compliance measure implemented in Quebec (the attestation de Revenu Québec), which could be applied in other provinces. Specific recommendations are made for the adoption of e-invoicing and increased reporting requirements to address some of the reasons for non-compliance in Canada. A number of countries have moved toward implementing periodic or near-real-time reporting requirements. These measures show promise and suggest that Canada could move in that direction as well.


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