Donations and Tax: The Corporate Conundrum

Donations and Tax: The Corporate Conundrum
Book
Leonardo Marques dos Santos
555
9789087227500
IBFD Doctoral Series
Price
Book Overview

This book examines the concept and functions of corporate charitable donations, examining the key tax policy considerations in the design of philanthropic regimes.

Key Themes and Topics

This book focuses on the functions and concept of corporate charitable donations.

Charitable giving has been a longstanding societal practice and will continue to be in the future. However, the traditional perception of corporate charitable donations as purely altruistic and non-commercial actions is outdated. A common misconception persists about the lack of economic benefits for corporations engaging in charitable donations, fueling misunderstanding about what motivates some corporations to donate to different causes. This misconception not only influences the design and drafting of tax systems but also generates suspicion towards corporate charitable actions.

This book offers a contemporary perspective of the essential features and functions of corporate charitable donations. It suggests shifting perspective and viewing donations as mutually beneficial transactions, with benefits arising for both donor and recipient. Building on this perspective, while also paying consideration to various constitutional and international law constraints, it analyzes how to enhance the tax technical treatment of corporate charitable donations and perfect tax policy choices behind the tax system. This book provides breakthrough research in legal and policy analysis, disrupting the status quo, which until now has largely remained grounded in the view that any measures associated with donations are exceptional, qualifying as incentives or benefits that do not really form part of the structural features of a sound tax regime.

This book is applicable to a wide range of readers, including academics, tax professionals, tax policymakers, politicians, non-profit organizations, and anyone interested in the taxation of charitable donations and the charitable sector

Chapter 1: The Conundrum

Chapter 2: Scope and Objectives

Chapter 3: Charitable Donations and Public Policy

Chapter 4: Donations and Corporations

Chapter 5: The Impact of Constitutional and International Law

Chapter 6: How Governments Should Draft Their Philanthropic Regimes

Chapter 7: In Search of a Philanthropic Tax Regime for Portugal: A Thought Experiment

Leonardo Marques dos Santos serves as a Professor of Tax and International Tax Law at the Lisbon Law School of Universidade Católica Portuguesa in Portugal. He is also a tax lawyer and tax arbitrator. His research primarily focuses on the taxation of charitable donations and non-profit organizations. He completed his Doctoral Program in Law at Universidade Católica Portuguesa and earned an (Adv.) LL.M. in International Tax Law from the International Tax Centre at Leiden University in the Netherlands. Additionally, he holds a Post-Graduate degree in Tax Law from Instituto Superior de Gestão in Lisbon, Portugal, and obtained his law degree from Universidade Católica Portuguesa in Lisbon.

This book is part of the IBFD Doctoral Series

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