Income tax law in general treats a company as a separate taxable unit,
reflecting an application of the traditional separate entity doctrine.
However, the rise of corporate groups in the last century poses a serious
challenge to the doctrine and demands a paradigm shift. The tax consolidation
regime is an increasingly common response of the tax law to the
challenge, representing an application of the enterprise doctrine under
which a corporate group is treated as one single taxable unit. This book
aims to improve the understanding of the design and implementation of
consolidation regimes by undertaking a comparative study of the regimes
in eight countries, namely Australia, France, Italy, Japan, the Netherlands,
New Zealand, Spain and the United States. These eight countries are all
the countries in the world that, by the end of 2009, have introduced a consolidation
regime in their income tax systems.
This book analyses and compares alternative policy options adopted
in the eight countries for ten key structural elements of a consolidation
regime, with the intention of searching for a model regime. The comparative
analysis also aims to answer the following tax policy question: does a
stronger application of the enterprise doctrine necessarily imply a better
consolidation regime on policy grounds?
This book provides the first comprehensive comparative analysis of the
consolidation regimes in the eight countries. The findings of this study
should be useful for tax policy makers to design a new consolidation
regime, as well as to refine existing consolidation regimes.
I am forever indebted to Richard Vann, without whose mentorship
and inspiration this book would never have been completed. My research
interest in consolidation regimes was inspired by a lecture delivered by
Peter Harris, to whom I acknowledge my sincere gratitude. I am deeply
grateful for the critiques and comments of Cynthia Coleman and Daniel
Ho on earlier drafts of the book.