Tax and Robotics: Nijhoff Law Specials, cartea 108
Autor Álvaro Falcón Pulidoen Limba Engleză Paperback – 29 noi 2023
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Specificații
ISBN-13: 9789004538504
ISBN-10: 900453850X
Pagini: 180
Dimensiuni: 155 x 235 mm
Greutate: 0 kg
Editura: Brill
Colecția Brill | Nijhoff
Seria Nijhoff Law Specials
ISBN-10: 900453850X
Pagini: 180
Dimensiuni: 155 x 235 mm
Greutate: 0 kg
Editura: Brill
Colecția Brill | Nijhoff
Seria Nijhoff Law Specials
Notă biografică
Álvaro Falcón Pulido has a bachelor’s degree in Law from the Universidad Pontificia de Comillas (ICADE) (with honors, 2013) and a diploma in Business Studies (2013) as well as a master’s in Taxation and International Tax Law (prize for top-performing student in the class of 2014) from that University. He became a Doctor of Laws at the Universidad Complutense de Madrid (summa cum laude, 2022) with a dissertation titled “Fiscalidad y robótica,” which was published by Tirant lo Blanch and is the basis of this book. He has been a practicing lawyer since 2013 and has written mainly on the topic of taxation and robotics.
Cuprins
Foreword
Part 1
Robots and their Impact
1Concept and Types
A Legal Concept of a Robot
1What Is a Robot?
a Appearance of the “Robot” Concept
b Historical Evolution
iIndustry Definition of “Robot”
iiPublished Academic Definition of “Robot”
2The Need for a Legal Definition of Robot
a Absence of a Legal Definition of Robot
b Possibility of a Legal-Tax Definition of Robot
c Proposed Legal-Tax Definition of Robot
B Existing Robot Types
1Criteria for Possible Robot Classification
2Robotic Archetypes by Characteristics
a Drones
b Autonomous Vehicles
c Softbots and Artificial Intelligence
d Humanoid Robots: Androids and Cyborgs
3Robotic Archetypes by Use
a Industrial Machinery
b Healthcare Robots
iProsthetic and Rehabilitation Robots
iiService and Care Robots
iiiSurgical Robots
c Space and Military Robots
C Conclusions
2The Need for Public Intervention to Face the Challenges Posed by Robotics
A The Impact of Robotics
1Repercussions of Robotics for the Labor Market
a Percentage of Automation
b Speed and Intensity of Automation
c The Offshoring and Reshoring Phenomenon
2Repercussions of Robotics for the Economy
a Economic Inequality
B On the Need to Regulate Robots
1The Legal Framework of Robots
a Adapting the Legal System to New and Emerging Realities
b The Need for Legal Certainty
2Objectives of Robot Taxation
a Non-fiscal Purposes
b Revenue Needs
iUniversal Basic Income
iiHelping Companies and Workers Adapt to the New Labor Market
C General Principles of the Legal Regulation of Robots
1Principles of Robot Law
2Principles Inherent to Tax Law
Part 2
Personhood
3Personhood of Robots
A What Is Personhood?
1Concept of Personhood
2Historical Evolution
a Legal Personality in Rome
iPersons
iiFoundations and Associations
iiiSlaves
b Legal Personality of Companies
c Animals: From Chattels to Sentient Beings
d Robotic or Electronic Personhood
iComparison of Persons and Robots
iiTraditional Legal Personhood versus a New Brand of Personhood: the Possibility of Using Existing Types of Legal Entities, such as Companies or Foundations
iiiRobotic Personhood as an Evolution of Legal Personhood: the Possibility of Attributing General Legal Capacity to Robots, thereby Creating a New Type of Legal Person
ivRobots’ Capacity to Act and “Capacity of Representation”
B Do Robots Really Need Personhood?
1The Need to Give Robots Personhood
2Robots as Taxpayers
a Robots as Entities with Personhood
iLegal Capacity
iiCapacity to Act
b Robots as de facto Entities
iSpecial Tax Capacity: a Tax Levied on Robots or on Robot Owners? Critique of the Theory of Special Tax Capacity
iiOwners, Users, and Manufacturers as Taxpayers
iiiFinancial Capacity and Ability to Pay
C Conclusions
Part 3
Taxation and Robotics
4Current Tax Treatment of Robots
A Comparison of the Tax Situations of Robots and Workers
1Current Accounting Situation of Robots
2Corporate Expenses
a Robot Depreciation
b Salaries and Social Security Contributions
B Subject of Subsidies, Deductions, and Tax Incentives for Research, Development, and Innovation (r&d + i)
1Types
a Direct and Indirect Financing
b Direct and Indirect Tax Incentives
c Input and Output Incentives
2Tax Incentives in Spain’s Corporate Income Tax Law (lis)
a Reduction of Taxable Income Derived from Certain Intangible Assets
b Deduction for Research and Development and Technological Innovation Activities
c Free Depreciation under lis Article 12.3
3Tax Incentives for Research, Development, and Innovation (r&d + i) in Comparative Law
a France
b Austria
c Netherlands
d Portugal
e United Kingdom
f Italy
g Chile
4Coexistence of Tax Incentives and the Robot Tax
5Tax Incentives for Research, Development, and Innovation in Robotics as a Solution
5The Question of Taxing Power in Spanish Law
A The Division of Taxing Powers Set out in the Spanish Constitution
B The Need to Avoid the Proliferation of Regional Taxes in Robotics
C Possible Solutions
1Creating a Federal Tax
2Amending the Regional Financing Law (lofca)
3The Alternative of a Ceded Federal Tax
4The Alternative of an Ordinary Harmonization Law
D Conclusions
6Robot Tax
A The New Robot Tax
1Different Types of Taxes
a Direct and Indirect Taxes
b Subjective and Objective Taxes
c Personal and Real Taxes
2Structure of the Robot Tax
a Subjective Element
b Objective Element
3The Concept of Theoretical Imputed Income
B International Perspective
1Impact on dtt s
2Robots as Permanent Establishments
a Application of the Traditional Concept of Permanent Establishment
b The New Concept of Digital Permanent Establishment
C Other Ways of Taxing Robots: Taxes and Fees
1Creating New Taxes
2Adjusting Existing Taxes
a Personal, Corporate, and Non-Resident Income Tax
b vat
c Others
iSpecial Tax on Certain Modes of Transportation
iiSpecial Electricity Tax
iiiPublic Radio-Electric Spectrum Reservation Rate
D Social Security Contributions
1Concept and Nature of Contributions
2Adapting the Concept of Contributions to a Potential Social Security Tax on Robots
E Other Solutions
1Tobin Tax or Financial Transaction Tax
2Google Tax or Digital Services Tax
3Related Solutions that Affect Robots
a cctb and ccctb
F Conclusions
Conclusions
Bibliography
Index
Part 1
Robots and their Impact
1Concept and Types
A Legal Concept of a Robot
1What Is a Robot?
a Appearance of the “Robot” Concept
b Historical Evolution
iIndustry Definition of “Robot”
iiPublished Academic Definition of “Robot”
2The Need for a Legal Definition of Robot
a Absence of a Legal Definition of Robot
b Possibility of a Legal-Tax Definition of Robot
c Proposed Legal-Tax Definition of Robot
B Existing Robot Types
1Criteria for Possible Robot Classification
2Robotic Archetypes by Characteristics
a Drones
b Autonomous Vehicles
c Softbots and Artificial Intelligence
d Humanoid Robots: Androids and Cyborgs
3Robotic Archetypes by Use
a Industrial Machinery
b Healthcare Robots
iProsthetic and Rehabilitation Robots
iiService and Care Robots
iiiSurgical Robots
c Space and Military Robots
C Conclusions
2The Need for Public Intervention to Face the Challenges Posed by Robotics
A The Impact of Robotics
1Repercussions of Robotics for the Labor Market
a Percentage of Automation
b Speed and Intensity of Automation
c The Offshoring and Reshoring Phenomenon
2Repercussions of Robotics for the Economy
a Economic Inequality
B On the Need to Regulate Robots
1The Legal Framework of Robots
a Adapting the Legal System to New and Emerging Realities
b The Need for Legal Certainty
2Objectives of Robot Taxation
a Non-fiscal Purposes
b Revenue Needs
iUniversal Basic Income
iiHelping Companies and Workers Adapt to the New Labor Market
C General Principles of the Legal Regulation of Robots
1Principles of Robot Law
2Principles Inherent to Tax Law
Part 2
Personhood
3Personhood of Robots
A What Is Personhood?
1Concept of Personhood
2Historical Evolution
a Legal Personality in Rome
iPersons
iiFoundations and Associations
iiiSlaves
b Legal Personality of Companies
c Animals: From Chattels to Sentient Beings
d Robotic or Electronic Personhood
iComparison of Persons and Robots
iiTraditional Legal Personhood versus a New Brand of Personhood: the Possibility of Using Existing Types of Legal Entities, such as Companies or Foundations
iiiRobotic Personhood as an Evolution of Legal Personhood: the Possibility of Attributing General Legal Capacity to Robots, thereby Creating a New Type of Legal Person
ivRobots’ Capacity to Act and “Capacity of Representation”
B Do Robots Really Need Personhood?
1The Need to Give Robots Personhood
2Robots as Taxpayers
a Robots as Entities with Personhood
iLegal Capacity
iiCapacity to Act
b Robots as de facto Entities
iSpecial Tax Capacity: a Tax Levied on Robots or on Robot Owners? Critique of the Theory of Special Tax Capacity
iiOwners, Users, and Manufacturers as Taxpayers
iiiFinancial Capacity and Ability to Pay
C Conclusions
Part 3
Taxation and Robotics
4Current Tax Treatment of Robots
A Comparison of the Tax Situations of Robots and Workers
1Current Accounting Situation of Robots
2Corporate Expenses
a Robot Depreciation
b Salaries and Social Security Contributions
B Subject of Subsidies, Deductions, and Tax Incentives for Research, Development, and Innovation (r&d + i)
1Types
a Direct and Indirect Financing
b Direct and Indirect Tax Incentives
c Input and Output Incentives
2Tax Incentives in Spain’s Corporate Income Tax Law (lis)
a Reduction of Taxable Income Derived from Certain Intangible Assets
b Deduction for Research and Development and Technological Innovation Activities
c Free Depreciation under lis Article 12.3
3Tax Incentives for Research, Development, and Innovation (r&d + i) in Comparative Law
a France
b Austria
c Netherlands
d Portugal
e United Kingdom
f Italy
g Chile
4Coexistence of Tax Incentives and the Robot Tax
5Tax Incentives for Research, Development, and Innovation in Robotics as a Solution
5The Question of Taxing Power in Spanish Law
A The Division of Taxing Powers Set out in the Spanish Constitution
B The Need to Avoid the Proliferation of Regional Taxes in Robotics
C Possible Solutions
1Creating a Federal Tax
2Amending the Regional Financing Law (lofca)
3The Alternative of a Ceded Federal Tax
4The Alternative of an Ordinary Harmonization Law
D Conclusions
6Robot Tax
A The New Robot Tax
1Different Types of Taxes
a Direct and Indirect Taxes
b Subjective and Objective Taxes
c Personal and Real Taxes
2Structure of the Robot Tax
a Subjective Element
b Objective Element
3The Concept of Theoretical Imputed Income
B International Perspective
1Impact on dtt s
2Robots as Permanent Establishments
a Application of the Traditional Concept of Permanent Establishment
b The New Concept of Digital Permanent Establishment
C Other Ways of Taxing Robots: Taxes and Fees
1Creating New Taxes
2Adjusting Existing Taxes
a Personal, Corporate, and Non-Resident Income Tax
b vat
c Others
iSpecial Tax on Certain Modes of Transportation
iiSpecial Electricity Tax
iiiPublic Radio-Electric Spectrum Reservation Rate
D Social Security Contributions
1Concept and Nature of Contributions
2Adapting the Concept of Contributions to a Potential Social Security Tax on Robots
E Other Solutions
1Tobin Tax or Financial Transaction Tax
2Google Tax or Digital Services Tax
3Related Solutions that Affect Robots
a cctb and ccctb
F Conclusions
Conclusions
Bibliography
Index