Taxation International

Income Tax in Common Law Jurisdictions Volume 1, From the Origins to 1820

By Peter Harris
Cambridge University Press November 2012

Specifications

ISBN-13
9781107411586
Publisher
Cambridge University Press
Publication
November 2012
Format
Paperback , 592 pages
Jurisdiction
International ? Countri(es) for reference only

Details

This book was first published in 2006. Many common law countries inherited British income tax rules. Whether the inheritance was direct or indirect, the rationale and origins of some of the central rules seem almost lost in history. Commonly, they are simply explained as being of British origin without more, but even in Britain the origins of some of these rules are less than clear. This book traces the roots of the income tax and its precursors in Britain and in its former colonies to 1820. Harris focuses on four issues that are central to common law income taxes and which are of particular current relevance: the capital/revenue distinction, the taxation of corporations, taxation on both a source and residence basis, and the schedular approach to taxation. He uses an historical perspective to make observations about the future direction of income tax in the modern world.

• Focus on precise wording of laws, which has not been done before and demonstrates clearly how particular legal concepts developed

• Simple chronological order provides clarity which enables the reader to appreciate how the critical point for importation of direct taxation was early in the development of a colony. Also enables easy comparison between jurisdictions and how each may have been influenced by others

• Provides material not easily accessible, including West Indian laws, that are only available in London in manuscript form

Table of Contents

List of tables vii
List of maps ix
List of statutes xiii
Preface lxxv
  Introduction 1
   Focus of the study 2
   Structure 7
1  To 1641: Searching for seeds in feudal England 12
  1.1  To 1332: Before the settling of the fifteenth and tenth 14
  1.2  The fourteenth century through the War of the Roses 38
  1.3  The turbulent Tudors 54
  1.4  Unifying the Crown: the early Stuarts 77
  1.5  Summary 94
2  1642 to 1688: Religion, revolt and restoration 109
  2.1  The English Civil War, the Commonwealth and the Protectorate 110
  2.2  Developments in landholding and accounting 124
  2.3  The 1660s including the Dutch and French wars 136
  2.4  The popist threat 149
  2.5  Summary 165
3  1688 to 1763: Regional relations, colonial competition and impending independence 178
  3.1  Crucible of the income tax? The conquest of William III through the Treaty of Utrecht 180
  3.2  Post Utrecht; paper money and the calm before the storm 221
  3.3  Spain, France and the great colonial victory 251
  3.4  Summary 268
4  1763 to 1792: Empire divided 294
  4.1  The brewing storm: to 1775 296
  4.2  War and independence 319
  4.3  Turmoil in the remaining colonies 341
  4.4  Summary 356
5  1793 to 1820: the Napoleonic battle, the mighty engine and the immediate aftermath 365
  5.1  To the Treaty of Campo Formio 366
  5.2  During the early development of the income tax 380
  5.3  Deduction at source to the closing 426
  5.4  Summary 454
  Conclusion 474
  Appendix 491
  References 493
  Index 505

About the Author

Peter Harris
University of Cambridge

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