Legality of Investment Incentives. Legal Framework related to Incentives

Legality of Investment Incentives. Legal Framework related to Incentives

Author: Mbonigaba

Publisher: GRIN Verlag

Published: 2023-06-27

Total Pages: 110

ISBN-13: 3346897680

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Academic Paper from the year 2023 in the subject Business economics - Law, grade: A, INES Ruhengeri Institute of Applied Science, language: English, abstract: This study examines whether or not investment incentives are lawful under international law. In contrast with the mainstream literature, this study asserts that investment incentives are neither always efficient nor lawful. The study indicates that the legality of investment incentives depends on how they are used. They will be lawful if they comply with the principle of national treatment and MFN treatment; and will be unlawful if they violate those principles, especially if they benefit domestic investors over foreign investors or if they benefit investors of some countries over investors of other countries. Furthermore, performance requirements may be a test for the legality of investment incentives as host states are not free to impose any kind of performance requirements to the investors, as a condition to accord them incentives. Countries that are members of WTO are not allowed to use performance requirements which are prohibited by TRIMs Agreement like local content requirements, trade balancing requirements and export control requirements.


Book Synopsis Legality of Investment Incentives. Legal Framework related to Incentives by : Mbonigaba

Download or read book Legality of Investment Incentives. Legal Framework related to Incentives written by Mbonigaba and published by GRIN Verlag. This book was released on 2023-06-27 with total page 110 pages. Available in PDF, EPUB and Kindle. Book excerpt: Academic Paper from the year 2023 in the subject Business economics - Law, grade: A, INES Ruhengeri Institute of Applied Science, language: English, abstract: This study examines whether or not investment incentives are lawful under international law. In contrast with the mainstream literature, this study asserts that investment incentives are neither always efficient nor lawful. The study indicates that the legality of investment incentives depends on how they are used. They will be lawful if they comply with the principle of national treatment and MFN treatment; and will be unlawful if they violate those principles, especially if they benefit domestic investors over foreign investors or if they benefit investors of some countries over investors of other countries. Furthermore, performance requirements may be a test for the legality of investment incentives as host states are not free to impose any kind of performance requirements to the investors, as a condition to accord them incentives. Countries that are members of WTO are not allowed to use performance requirements which are prohibited by TRIMs Agreement like local content requirements, trade balancing requirements and export control requirements.


Performance Requirements and Investment Incentives Under International Economic Law

Performance Requirements and Investment Incentives Under International Economic Law

Author: David Collins

Publisher: Edward Elgar Publishing

Published: 2015-12-18

Total Pages: 281

ISBN-13: 1784712043

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In this discerning book, David Collins provides an eloquent analysis of performance requirements and investment incentives as vital tools of economic policy. Adopting a consciously broad definition of both instruments, this work provokes a constructively critical assessment of their existing treatment under international economic law.


Book Synopsis Performance Requirements and Investment Incentives Under International Economic Law by : David Collins

Download or read book Performance Requirements and Investment Incentives Under International Economic Law written by David Collins and published by Edward Elgar Publishing. This book was released on 2015-12-18 with total page 281 pages. Available in PDF, EPUB and Kindle. Book excerpt: In this discerning book, David Collins provides an eloquent analysis of performance requirements and investment incentives as vital tools of economic policy. Adopting a consciously broad definition of both instruments, this work provokes a constructively critical assessment of their existing treatment under international economic law.


Tax Incentives for Foreign Direct Investment

Tax Incentives for Foreign Direct Investment

Author: A. J. Easson

Publisher: Kluwer Law International B.V.

Published: 2004-01-01

Total Pages: 262

ISBN-13: 9041122281

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Each national report addresses, among other things, the following issues: - the sources of law and general principle of the law of evidence - the means of evidence - the role of the judge and the parties in the evidence procedure - the evaluation of evidence - the production of evidence - the registration of produced evidence - the possibilities to admit new evidence or to renew evidence in appeal proceedings.


Book Synopsis Tax Incentives for Foreign Direct Investment by : A. J. Easson

Download or read book Tax Incentives for Foreign Direct Investment written by A. J. Easson and published by Kluwer Law International B.V.. This book was released on 2004-01-01 with total page 262 pages. Available in PDF, EPUB and Kindle. Book excerpt: Each national report addresses, among other things, the following issues: - the sources of law and general principle of the law of evidence - the means of evidence - the role of the judge and the parties in the evidence procedure - the evaluation of evidence - the production of evidence - the registration of produced evidence - the possibilities to admit new evidence or to renew evidence in appeal proceedings.


A State by State Guide to Investment Incentives and Capital Formation in the United States

A State by State Guide to Investment Incentives and Capital Formation in the United States

Author: Walter H. Diamond

Publisher: Kluwer Law International B.V.

Published: 2006-01-01

Total Pages: 6

ISBN-13: 9041124489

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In todays world of globalization, the United States generally is considered by foreign investors around the world to be the safest and most profitable location to invest their funds and from where to operate a headquarters or manufacturing site. After more than a decade of prosperity and a strong currency coupled with the traditional political stability, the United States has emerged as a net importer of capital for the first time in post World War II history. Increasing profit margins for multinationals, relatively low interest rates, incredible stock exchange prices and volume, a reduced level of inflation and record consumer spending resulting from sophisticated demands of the baby boomer age, as well as an accelerated rate of immigrant arrivals, all have inspired new private investment from abroad, now surpassing the USD 5 trillion mark in direct and indirect investment. Surveys consistently show that foreign businesspersons, like their American counterparts, seek locations from which to manufacture, assemble, or service their products where the tax or investment incentives are most attractive. This fact is reflected in the operations of the Fortune 500 in the United States where 80% of privately invested assets are located in the five states of New York, New Jersey, Delaware, Illinois, and California, all of which are leaders in providing trade and investment concessions to businesses. Investment incentives consist of a variety of inducements ranging from tax credits and cash grants and tax exemptions or reductions to accelerated depreciation, loan subsidies and property tax, sales tax and customs duty exclusions or reductions, as well as foreign trade and enterprise zone availability. Unlike the array of incentives offered by foreign countries, the charts reflect that most of the States rely on property tax concessions, loan subsidy financing, development project rewards, low or no sales taxes and foreign trade zone availability. As in the case of Part I relating to State Investment Incentives, Part II of the US State-by-State Guide to Investment Incentives and Capital Formation covering the steps required to organize an entity in the United States, reflects great similarity in incorporation in contrast to enterprises wishing to operate abroad. The authors of this Guide present the reader with a clear picture of all the differing rules and regulations between the states that govern investors. It is clear, concise, user-friendly, and invaluable.


Book Synopsis A State by State Guide to Investment Incentives and Capital Formation in the United States by : Walter H. Diamond

Download or read book A State by State Guide to Investment Incentives and Capital Formation in the United States written by Walter H. Diamond and published by Kluwer Law International B.V.. This book was released on 2006-01-01 with total page 6 pages. Available in PDF, EPUB and Kindle. Book excerpt: In todays world of globalization, the United States generally is considered by foreign investors around the world to be the safest and most profitable location to invest their funds and from where to operate a headquarters or manufacturing site. After more than a decade of prosperity and a strong currency coupled with the traditional political stability, the United States has emerged as a net importer of capital for the first time in post World War II history. Increasing profit margins for multinationals, relatively low interest rates, incredible stock exchange prices and volume, a reduced level of inflation and record consumer spending resulting from sophisticated demands of the baby boomer age, as well as an accelerated rate of immigrant arrivals, all have inspired new private investment from abroad, now surpassing the USD 5 trillion mark in direct and indirect investment. Surveys consistently show that foreign businesspersons, like their American counterparts, seek locations from which to manufacture, assemble, or service their products where the tax or investment incentives are most attractive. This fact is reflected in the operations of the Fortune 500 in the United States where 80% of privately invested assets are located in the five states of New York, New Jersey, Delaware, Illinois, and California, all of which are leaders in providing trade and investment concessions to businesses. Investment incentives consist of a variety of inducements ranging from tax credits and cash grants and tax exemptions or reductions to accelerated depreciation, loan subsidies and property tax, sales tax and customs duty exclusions or reductions, as well as foreign trade and enterprise zone availability. Unlike the array of incentives offered by foreign countries, the charts reflect that most of the States rely on property tax concessions, loan subsidy financing, development project rewards, low or no sales taxes and foreign trade zone availability. As in the case of Part I relating to State Investment Incentives, Part II of the US State-by-State Guide to Investment Incentives and Capital Formation covering the steps required to organize an entity in the United States, reflects great similarity in incorporation in contrast to enterprises wishing to operate abroad. The authors of this Guide present the reader with a clear picture of all the differing rules and regulations between the states that govern investors. It is clear, concise, user-friendly, and invaluable.


Tax Law Design and Drafting, Volume 1

Tax Law Design and Drafting, Volume 1

Author: Mr.Victor Thuronyi

Publisher: International Monetary Fund

Published: 1996-08-23

Total Pages: 534

ISBN-13: 9781557755872

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Edited by Victor Thuronyi, this book offers an introduction to a broad range of issues in comparative tax law and is based on comparative discussion of the tax laws of developed countries. It presents practical models and guidelines for drafting tax legislation that can be used by officials of developing and transition countries. Volume I covers general issues, some special topics, and major taxes other than income tax.


Book Synopsis Tax Law Design and Drafting, Volume 1 by : Mr.Victor Thuronyi

Download or read book Tax Law Design and Drafting, Volume 1 written by Mr.Victor Thuronyi and published by International Monetary Fund. This book was released on 1996-08-23 with total page 534 pages. Available in PDF, EPUB and Kindle. Book excerpt: Edited by Victor Thuronyi, this book offers an introduction to a broad range of issues in comparative tax law and is based on comparative discussion of the tax laws of developed countries. It presents practical models and guidelines for drafting tax legislation that can be used by officials of developing and transition countries. Volume I covers general issues, some special topics, and major taxes other than income tax.


Rethinking Investment Incentives

Rethinking Investment Incentives

Author: Ana Teresa Tavares-Lehmann

Publisher: Columbia University Press

Published: 2016-07-12

Total Pages: 369

ISBN-13: 0231541643

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Governments often use direct subsidies or tax credits to encourage investment and promote economic growth and other development objectives. Properly designed and implemented, these incentives can advance a wide range of policy objectives (increasing employment, promoting sustainability, and reducing inequality). Yet since design and implementation are complicated, incentives have been associated with rent-seeking and wasteful public spending. This collection illustrates the different types and uses of these initiatives worldwide and examines the institutional steps that extend their value. By combining economic analysis with development impacts, regulatory issues, and policy options, these essays show not only how to increase the mobility of capital so that cities, states, nations, and regions can better attract, direct, and retain investments but also how to craft policy and compromise to ensure incentives endure.


Book Synopsis Rethinking Investment Incentives by : Ana Teresa Tavares-Lehmann

Download or read book Rethinking Investment Incentives written by Ana Teresa Tavares-Lehmann and published by Columbia University Press. This book was released on 2016-07-12 with total page 369 pages. Available in PDF, EPUB and Kindle. Book excerpt: Governments often use direct subsidies or tax credits to encourage investment and promote economic growth and other development objectives. Properly designed and implemented, these incentives can advance a wide range of policy objectives (increasing employment, promoting sustainability, and reducing inequality). Yet since design and implementation are complicated, incentives have been associated with rent-seeking and wasteful public spending. This collection illustrates the different types and uses of these initiatives worldwide and examines the institutional steps that extend their value. By combining economic analysis with development impacts, regulatory issues, and policy options, these essays show not only how to increase the mobility of capital so that cities, states, nations, and regions can better attract, direct, and retain investments but also how to craft policy and compromise to ensure incentives endure.


Investment Incentives

Investment Incentives

Author: Kenneth P. Thomas

Publisher:

Published: 2007-01-01

Total Pages: 70

ISBN-13: 9781894784092

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Book Synopsis Investment Incentives by : Kenneth P. Thomas

Download or read book Investment Incentives written by Kenneth P. Thomas and published by . This book was released on 2007-01-01 with total page 70 pages. Available in PDF, EPUB and Kindle. Book excerpt:


The Effectiveness and Legitimacy of Investment Incentive Regime in China

The Effectiveness and Legitimacy of Investment Incentive Regime in China

Author: Ling Lin

Publisher: Open Dissertation Press

Published: 2017-01-26

Total Pages:

ISBN-13: 9781361318287

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This dissertation, "The Effectiveness and Legitimacy of Investment Incentive Regime in China: Dilemmas of State Intervention" by Ling, Lin, 林灵, was obtained from The University of Hong Kong (Pokfulam, Hong Kong) and is being sold pursuant to Creative Commons: Attribution 3.0 Hong Kong License. The content of this dissertation has not been altered in any way. We have altered the formatting in order to facilitate the ease of printing and reading of the dissertation. All rights not granted by the above license are retained by the author. Abstract: While investment incentives are increasingly employed by the developing economies, the vast amount of literature has failed to reach a consensus on the role of incentive regimes. A fundamental problem with the previous econometric studies is that they assume a mature market condition, under which the government should remain outside FDI competition. However, in reality, most developing countries lack a mature market and market-oriented regulatory institutions. This thesis adds to the conventional wisdom by examining whether and how Chinese investment incentive regimes have been successful in harnessing FDI during the last three decades. Like many developing economies, China is still in the process of building a market economy. The striking ability of China to attract FDI with numerous incentives presents a meaningful laboratory for examining the role of investment incentives. In contrast to most previous economic studies, this thesis does not attempt to examine the economic mechanisms of investment incentives. The basic presumption of this thesis is that incentive measures are instrument of state intervention with designed policy goals. A policy-oriented approach has thus been adopted, under which the role of investment incentives is examined against precisely defined policy objectives in a particular policy context. In China's case, the efficacy of investment incentives is shown by a strategic and dynamic correlation between the investment incentive regime and its achieved development goals. In the given policy context, their functions cannot be replaced by more desirable instruments due to the political and economic constraints. Besides the economic evaluation, the study adds the legal dimension of evaluation on investment incentives. From a legal perspective, the regulatory space for developing countries is increasingly defined by the international legal regime. Investment incentives should be framed in a way to balance national interests and the level of protection required for foreign investment. The evolution of China's incentive regime presents a good example to integrate global consensus with domestic imperatives. By unifying its income tax system, China adopted an incentive regime generally consistent with its WTO commitments and could be utilized to its advantages. However, serious problems inherent in the incentive system have already emerged in China, which may hamper its economic development in the long run. The thesis shows that the state's capacity to channel FDI towards development goals is declining, as its intrusiveness has given way to arbitrariness. A top-down approach deprives foreign investors of their channels to communicate their opinions to the policymakers. The local arbitrariness and corruption in incentive implementation will compound the problem and hinder the inflows of high quality foreign investment. The thesis then proposes that the investment incentive regime in China needs to be upgraded into a more legalized system with non-discrimination, transparency, coherence and an effective monitoring mechanism as its central features. The legalization process would help to alleviate the negative effects of investment incentives. In the absence of a political infrastructure compatible with a rules-based system, the Chinese government needs to start with redefining the government-business relationship with a le


Book Synopsis The Effectiveness and Legitimacy of Investment Incentive Regime in China by : Ling Lin

Download or read book The Effectiveness and Legitimacy of Investment Incentive Regime in China written by Ling Lin and published by Open Dissertation Press. This book was released on 2017-01-26 with total page pages. Available in PDF, EPUB and Kindle. Book excerpt: This dissertation, "The Effectiveness and Legitimacy of Investment Incentive Regime in China: Dilemmas of State Intervention" by Ling, Lin, 林灵, was obtained from The University of Hong Kong (Pokfulam, Hong Kong) and is being sold pursuant to Creative Commons: Attribution 3.0 Hong Kong License. The content of this dissertation has not been altered in any way. We have altered the formatting in order to facilitate the ease of printing and reading of the dissertation. All rights not granted by the above license are retained by the author. Abstract: While investment incentives are increasingly employed by the developing economies, the vast amount of literature has failed to reach a consensus on the role of incentive regimes. A fundamental problem with the previous econometric studies is that they assume a mature market condition, under which the government should remain outside FDI competition. However, in reality, most developing countries lack a mature market and market-oriented regulatory institutions. This thesis adds to the conventional wisdom by examining whether and how Chinese investment incentive regimes have been successful in harnessing FDI during the last three decades. Like many developing economies, China is still in the process of building a market economy. The striking ability of China to attract FDI with numerous incentives presents a meaningful laboratory for examining the role of investment incentives. In contrast to most previous economic studies, this thesis does not attempt to examine the economic mechanisms of investment incentives. The basic presumption of this thesis is that incentive measures are instrument of state intervention with designed policy goals. A policy-oriented approach has thus been adopted, under which the role of investment incentives is examined against precisely defined policy objectives in a particular policy context. In China's case, the efficacy of investment incentives is shown by a strategic and dynamic correlation between the investment incentive regime and its achieved development goals. In the given policy context, their functions cannot be replaced by more desirable instruments due to the political and economic constraints. Besides the economic evaluation, the study adds the legal dimension of evaluation on investment incentives. From a legal perspective, the regulatory space for developing countries is increasingly defined by the international legal regime. Investment incentives should be framed in a way to balance national interests and the level of protection required for foreign investment. The evolution of China's incentive regime presents a good example to integrate global consensus with domestic imperatives. By unifying its income tax system, China adopted an incentive regime generally consistent with its WTO commitments and could be utilized to its advantages. However, serious problems inherent in the incentive system have already emerged in China, which may hamper its economic development in the long run. The thesis shows that the state's capacity to channel FDI towards development goals is declining, as its intrusiveness has given way to arbitrariness. A top-down approach deprives foreign investors of their channels to communicate their opinions to the policymakers. The local arbitrariness and corruption in incentive implementation will compound the problem and hinder the inflows of high quality foreign investment. The thesis then proposes that the investment incentive regime in China needs to be upgraded into a more legalized system with non-discrimination, transparency, coherence and an effective monitoring mechanism as its central features. The legalization process would help to alleviate the negative effects of investment incentives. In the absence of a political infrastructure compatible with a rules-based system, the Chinese government needs to start with redefining the government-business relationship with a le


Investment Incentives

Investment Incentives

Author: Hellēnikē Trapeza Viomēchanikēs Anaptyxeōs (Greece)

Publisher:

Published: 1982

Total Pages: 54

ISBN-13:

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Book Synopsis Investment Incentives by : Hellēnikē Trapeza Viomēchanikēs Anaptyxeōs (Greece)

Download or read book Investment Incentives written by Hellēnikē Trapeza Viomēchanikēs Anaptyxeōs (Greece) and published by . This book was released on 1982 with total page 54 pages. Available in PDF, EPUB and Kindle. Book excerpt:


Tax Incentives in Developing Countries and International Taxation

Tax Incentives in Developing Countries and International Taxation

Author: Timo Viherkenttä

Publisher:

Published: 1991

Total Pages: 292

ISBN-13:

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Examines the complex coordination of tax incentives for foreign investors and international taxation. The analysis locates the factors which tend to frustrate such incentives through increased taxation in the investor's home country. The various tax planning techniques for avoiding the loss of incentive benefits are also dealt with.


Book Synopsis Tax Incentives in Developing Countries and International Taxation by : Timo Viherkenttä

Download or read book Tax Incentives in Developing Countries and International Taxation written by Timo Viherkenttä and published by . This book was released on 1991 with total page 292 pages. Available in PDF, EPUB and Kindle. Book excerpt: Examines the complex coordination of tax incentives for foreign investors and international taxation. The analysis locates the factors which tend to frustrate such incentives through increased taxation in the investor's home country. The various tax planning techniques for avoiding the loss of incentive benefits are also dealt with.