Taxation of Foreign Corporations Essay

Some of the dishonorable measures taken by the interstate trusts and monopolies were product quality reduction, employee exploitation, and even putting ultimatums on necessary products (“Domination” 1). Such abuse of business combinations consisted of secrecy or misinterpretation in corporate organization, overcapitalisation, and of course, price manipulation (Johnson 572).

In Week one of Contemporary Business Law, Team A learned about substantive, procedural, criminal, civil, common, and statutory law. In the reading assignments for week one, we discerned the differences that separate the laws and how the courts enforce the laws. Corporations and businesses are awarded protections under the Amendments to the Constitution of the United States that protect them from fraudulence. The following essay covers Team A interpretation of the different laws and how the laws pertain to corporations, businesses, and our current places of employment.

Nowadays, after the passing of several bills constraining the actions of corporations, acting in a similar manner would pose several legal and ethical issues. This is why, Freeman argues, this ancient idea of managerial capitalism is no longer effective.

1. For the Tax year 2004, is SK eligible to switch from the accrual to cash method of accounting under Rev. Proc. 2001-10?

The ideas that corporations are viewed as people in the eyes of the law seems like a farfetched idea. However, with closer examination one cannot help but wonder if this is truly becoming the case. Since the 1950’s the rights of corporations have been expanding through multiple court cases that have charted the way for more recent cases like Citizens United v. FEC and Burwell v. Hobby Lobby Stores . To better understand the notion that corporations are sometimes viewed as people it is important to understand the definition of a corporation. In the dictionary, a corporation is defined as a number of persons united in one body for a purpose . Even though it is hard for many to view a corporation as a “person”, it is undeniable that corporations

Tomasic, R. Jackson, J. & Woellner, R. (2002). Corporations Law: Principles, Policy and Process. 4th ed. Sydney: Butterworths

With advanced technology comes the globalization and moving businesses to third world countries from U.S. This movement caused the rate of unemployment to rise and people see themselves in struggle to take care of their families. These issue are the complex of corporations in America. After seeing the movie (The Corporation) based on the book written by Canadian Professor Joel Bakan, we see that corporations are institutions that creates great wealth and profit but in the other hand causes enormous and hidden harm to people. Corporation cannot be imprisoned for criminal activities. Corporations are not humans they are designed by law to be concerned only for their stockholders. This is the issues that we see in our modern society the rich

Ever since the outset of the industrial revolution, corporations have been an inherent constituent in American society. However, due to this heavy influence, corporations have ever since created a struggle with individuals for social, political, and economic power. At present, this issue is only being addressed at the economic level. Presidential candidates such as Donald Trump and Hillary Clinton are putting a considerable amount of attention towards corporate taxes but are neglecting the legal aspects of corporate personhood. The main issue besetting the United States as a whole, is legal reform among corporations because it is affecting the political values, freedoms, and security of the American people.

Delaware required that the name must contain the word of abbreviation of Corporation, incorporation or company. It also requires a minimum of one director that are not required to reside in Delaware and the completion of a Certificate of Formation. It is not required to include the names and addresses of the directors on the certificate. However, authorized shared shares, par value and the information of the registered agent must be listed. Additionally, the state

In the book, The Corporation Joel Bakan presents arguments, that corporations are nothing but institutional pathological psychopaths that are “a dangerous possessor of the great power it wields over people and societies.” Their main responsibility is maximizing profit for their stockholders and ignoring the means to achieve this goal, portrays them as “psychopathic.” Bakan argues that, corporations are psychopaths, corporate social responsibility is illegal, and that corporations are able to manipulate anyone, even the government.

The concept of a company being a separate legal entity is the most striking illustration in separating the company from its owners. A paramount principle of corporate law is that no shareholder or member of a company is made liable for the obligations incurred by such incorporations A company is different from its members in the eyes of law. In continuations to this the opposite also holds true in the sense that neither can the company be held liable for the acts of its members. It is a fundamental distinction that a company is distinct from its members.

There is no clear framework of the rules that would cover the contingencies of a ruling to pierce the corporate veil Idoport Pty Ltd v National Australia Bank Ltd. The corporate Veil usually protects owners and shareholders from being held liable for corporate duties. Yet again a decision made by the court to lift that veil and would place the liability on shareholders, owners, administrators, executives and officers of the company without ownership interest. The purpose of this essay is to conduct an analysis on the concept of lifting the corporate veil and to review the different views on its fairness and equitability to present a better understanding of the notion, the methods used was throughout researching the numerous scholars views on the subject, case law and statutes examples, and the evidence provided by the empirical study of Ramsay & Noakes. When we discuss the lifting the corporate veil the first case that pops out is the case of Salomon V A. Salomon & Co Ltd, since the decisions of applying the corporate veil were first formed as a consequence of this case. The idea covers all of company law and distinguishes that a company is a separate legal entity from its members and directors. Furthermore, spencer (2012); have indicated that one of the core principles that followed the decision in Salomon v Salomon was the wide acceptance one man company’s. However In order to form a

The idea that morally dubious goals may be legitimate inside capitalism will be discussed in light of a tax avoidance case study. Apple, a multinational technology company, has avoided paying its fair amount of income tax for years. This paper will consider the structural embeddedness of Apple’s legitimised goal—the maximisation of profit—through the ‘Double Irish Dutch sandwich’ tax haven model. Durkheim’s theory of collective conscience was used in explaining the legitimisation of the company’s profits-driven goal, and how its amorality becomes apparent outside the economical sphere. This paper will also discuss the interconnected nature of the harm and benefits in the deal made between Ireland and Apple. The association between legitimations of Apple’s conduct and its socially challenging behaviour has been analysed to be ambiguous in the letter of the law. The conclusion will shed light on the morally grey area of a company’s responsibility to its shareholders versus the needs of the community.

The overwhelming facts point to a shady underworld of self-dealing and opportunistic exploitation of the poor and working class, which was until recently, well hidden from the commoner. The executives of WorldCom and Enron provide real world examples of unethical business practices, where the desire to make money for their shareholders transcended into an addiction to greed and self-dealing that were displayed by their, “excessive pay, perks, and golden parachutes”(Carson 392) at the expense of all stakeholders. All is not lost, there are corporations that pride themselves in their sound business model and commitment to ethical business practices. Such companies as Eaton Corporation, and Weyerhaeuser, who according to Ethisphere.com, a business ethics watchdog, are among the “2010 World`s most ethical companies.” (Ethisphere)

Conducting business in the United States is regulated by different types of laws. The definition of business law, also known as commercial law, is the governing of transactions between business entities. These include all aspects such as advertising, collection, banking, contracts, and trade in general (Legal-Dictonary.com, 2011). Business laws consist of federal, state, and local laws that all organizations small or large must abide by. Federal laws are comprised to include industry laws and regulations, employment and labor laws, handling of legal concerns, and understanding fair practice (SBA.gov, 2011). State laws vary depending on which state the company operates from, and the type of industry. State laws affect all corporations from banks to health care, mortgage companies to retail. Local laws are specific to the town or city the business