Sunday, April 18, 2010

Tax Income



An income tax is a tax levied on the income of individuals or business (corporations or other legal entities). Various income tax systems exist, with varying degrees of tax incidence. Income taxation can be progressive, proportional, or regressive. When the tax is levied on the income of companies, it is often called a corporate tax, corporate income tax, or profit tax. Individual income taxes often tax the total income of the individual (with some deductions permitted), while corporate income taxes often tax net income (the difference between gross receipts, expenses, and additional write-offs). Various systems define income differently, and often allow notional reductions of income.

The "tax net" refers to the types of payment that are taxed, which included personal earnings (wages), capital gains, and business income. The rates for different types of income may vary and some may not be taxed at all. Capital gains may be taxed when realized (e.g. when shares are sold) or when incurred (e.g. when shares appreciate in value). Business income may only be taxed if it is significant or based on the manner in which it is paid. Some types of income, such as interest on bank savings, may be considered as personal earnings (similar to wages) or as a realized property gain (similar to selling shares). In some tax systems, personal earnings may be strictly defined where labor, skill, or investment is required (e.g. wages); in others, they may be defined broadly to include windfalls (e.g. gambling wins).

Tax rates may be progressive, regressive, or proportional. A progressive tax taxes differentially according to how much has been earned. For example, the first $10,000 in earnings may be taxed at 5%, the next $10,000 at 10%, and any more income at 20%. Alternatively, a flat tax taxes all earnings at the same rate. A regressive income tax may tax income up to a certain amount, such as taxing only the first $90,000 earned. A tax system may use different taxation methods for different types of income. However, the idea of a progressive income tax has garnered support from economists and political scientists of many different ideologies, from Adam Smith in The Wealth of Nations to Karl Marx in The Communist Manifesto.

Personal income tax is often collected on a pay-as-you-earn basis, with small corrections made soon after the end of the tax year. These corrections take one of two forms: payments to the government, for taxpayers who have not paid enough during the tax year; and tax refunds from the government for those who have overpaid. Income tax systems will often have deductions available that lessen the total tax liability by reducing total taxable income. They may allow losses from one type of income to be counted against another. For example, a loss on the stock market may be deducted against taxes paid on wages. Other tax systems may isolate the loss, such that business losses can only be deducted against business tax by carrying forward the loss to later tax years.

Sunday, April 4, 2010

Summary – Corporate Legal Entity

-The company is a body corporate with the powers and obligations of an incorporated company

-The company may sue and be sued in its own name

-The company has perpetual succession

-The company may own property and land

-The liability of its members is limited

MACAURA v NORTHERN ASSURANCE CO LTD (1925)



Fact
Macaura own land on which stood timber. He sold the land and timber to a company he formed and received as consideration all the fully paid shares. The company carried the business of felling and milling timber. A fire destroyed all timber which had been felled. Macaura had earlier insured the timber against loss of by fire in his own name. He had not transferred the insurance policy to the company.

Summary
The insurers were not liable. Only Macaura’s company, as owner of the timber, which had the requisite insurable interest in it. Only the company, and not Macaura, could insure its property against loss or damage. Shareholders have no legal or equitable interest in their company’s property.

ABDUL AZIZ BIN ATAN & 87 ORS V LADANG RENGO MALAY ESTATE SDN BHD (1985)




Fact

All the shareholders of the company sold and transferred their entire share holdings to a certain buyer.

Summary
An incorporated company is a legal person separate and distinct from its shareholders. The company, from the date of incorporation, has perpetual succession and did not change its identity or personality even though the entire share holding of the company changed hands.

LEE V LEE’S AIR FARMING LTD (1961)



Fact
Lee who was a pilot who conducted an aerial top-dressing business, formed a company to conduct the business. Lee hold 2999 shares of the 3000 shares in the company. The remaining one share was taken by his solicitor as nominee for Lee. Under the articles of association, Lee was governing director with very wide powers. Workers’ compensation insurance was taken out, naming Lee as an employee. Lee was killed when his aeroplane crashed while engaged in aerial top-dressing.

Summary

* the company was a separate legal entity distinct from its founder, Lee
* Lee could enter into a contract of employment

SALOMON v SALOMON & CO



Fact
Salomon had incorporated his boot and shoe repair business. He transferred the business to a company own by him. He took all the shares of the company except six which were held by his wife, daughter and four sons. Part of the payment for the transfer of the business was made in the form of debentures ( a secured loan) issued by the company to Salomon. Salomon transferred the debentures to Broderib in exchange for a loan. Salomon defaulted on payment of interest on the loan and Broderib sought to enforce the security against the company. Unsecured creditors try to put the company into liquidation.

Summary
The company had been properly incorporated and therefore the security was valid and could be enforced. A company and its members are separate persons. This principle is known as the veil of incorporation.

Tuesday, March 23, 2010

CRIMINAL


A criminal defense attorney is a lawyer that defends a person or persons when they are accused of breaking the law. There are multiple types of criminal attorneys ranging from murder to internet fraud to DWI (driving while intoxicated). Criminal defense attorneys negotiate with prosecuting attorneys and do their best to get the kind of sentence that best benefits their client in a rehabilitative sense to avoid more conflict upon his or her release. Criminal defense lawyers also hire investigators to research the charges and testify on behalf of the defendant against witnesses who may have testified in a less truthful manner.

Federal criminal defense lawyers defend suspects in federal cases in federal courts. Federal court processes are similar to state court process except that federal situations can be more costly and difficult to defend due to the caliber of prosecuting attorney. There are federal defense offices with the appropriate attorneys available for persons unable to secure proper representation. Federal defense cases are specialized cases that require experience with the federal legal system and experience with grand juries. Persons involved with federal investigation usually get a "target" (the person being investigated, or whom the authorities have the evidence against) letter or a "subject" (person who had behavior around the "target" of the investigation) letter. Federal criminal defense attorneys must be familiar with the sentencing guidelines so that they can properly advise their clients as to what will happen to them if convicted.

DUI defense attorney works in a specialty area of law. Drunk driving defense lawyers require specialized knowledge of scientific data concerning the influence of alcohol on a person, anatomy and biochemistry as well as knowledge of evidence procedures, search and seizure, legal counsel requirements, and interrogation procedures. The procedures and operation of testing equipment such as breathalyzers and hospital equipment are also necessary.

Sexual abuse criminal defense attorneys defend men and women who are arrested on suspicions and evidence of sexual misconduct with children or adults. These sexual assault defense attorneys have their work cut out for them in that sexual charges are difficult to fight in court. It is believed that when a charge of sexual misconduct is heard most people convict without hearing all the evidence. Defense attorneys of sexual predators take an aggressive stance in the courtroom to make the charges brought about by the prosecutors look blown out of proportion or unfounded. Some defense attorneys are reluctant to take on clients with sexual charges against them as they fear it may diminish their reputation. Defense attorneys of persons charged with sexual harassment, sexual assault or sexual misconduct with a child find it difficult to get good legal representation in some cases and so therefore there are sexual assault criminal defense attorneys who make it a mission to help people who otherwise might be discriminated against in a court of law.