A study on whether the Australian regime of income tax on capital gains causes widespread violation of horizontal equity
2012
Hochschulschrift
Zugriff:
The research problem addressed in this thesis is: Does the Australian regime of income tax on capital gains cause widespread violation of horizontal equity? The conclusion drawn in this thesis is that there is reason to expect that the Australian regime of income tax on capital gains ("the CGT regime") can cause widespread violation of horizontal equity. That conclusion is reached by seeking answers to five questions: Question 1. Was the enactment of the CGT regime, and the continuance of it after enactment, actuated by a perception (of respectively the government which enacted it, and subsequent governments which yielded to its continuance) that the regime will satisfy the policy objective of horizontal equity?, and, if it was, Question 2. Is that perception largely correct?, and, if it is, Question 3. What reasons could (in theory) cause the CGT regime to produce outcomes that fail to satisfy horizontal equity (that is, outcomes that violate horizontal equity)?, and, if such reasons exist, Question 4. Do those reasons (or any other) in practice cause the CGT regime to produce outcomes that violate horizontal equity?, and, if they do, Question 5. Is there reason to expect those outcomes to be widespread? -- This thesis argues that only any one of four reasons can (in theory) cause the CGT regime to potentially produce outcomes that violate horizontal equity. Those four reasons (designated as respectively Reason A, Reason B, Reason C and Reason D) are: Reason A. The best interpretation (pursuant to the current approach of the Australian judiciary) of relevant legislative provisions can result in outcomes that violate horizontal equity. Reason B. Though the best interpretation (pursuant to the current approach of the Australian judiciary) of relevant legislative provisions does not result in outcomes that violate horizontal equity, the Australian judiciary's interpretation of those legislative provisions, not being compatible with the best interpretation of those legislative provisions (pursuant to the current .
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A study on whether the Australian regime of income tax on capital gains causes widespread violation of horizontal equity
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Autor/in / Beteiligte Person: | Sridaran, Maheswaran |
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Veröffentlichung: | 2012 |
Medientyp: | Hochschulschrift |
DOI: | 10.25949/19439189.v1 |
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