To make sure that forming a corporation
is the best legal and tax approach for
your business, this chapter compares
the corporation to other small business legal
structures, such as the sole proprietorship, the
partnership, and the popular limited liability
company. A corporation, like a limited liability
company, protects your personal assets from
business creditors. But the corporation stands
apart from all other business forms due to its
built-in organizational structure and unique
access to investment sources and capital markets.
Transfer Pricing and Valuation in Corporate Taxation analyzes the
disparities between both federal statutes and regulations, and reg-
ulations and administrative practice, in a highly controversial area
of corporate tax policy: intra-company transfer pricing for tax pur-
poses. It addresses issues that often mean millions of dollars to indi-
vidual corporations, and a significant fraction of the federal govern-
ment’s revenue base.
h is book was accepted by the Faculty of Law of the University of Hamburg as
the dissertation for my doctorate in law in the spring of 2008. It was updated
to its current form for publication.
I owe special thanks to Prof. Dr. Dr. h.c. Rüdiger Wolfrum, professor of
international law at the University of Heidelberg, director of the Max Planck
Institute for Comparative Public Law and International Law and judge at the
International Tribunal for the Law of the Sea, for his supervision and timely
review of my submissions and his support when I was a senior research...
We propose that authority for supervision and regulation of Tier 1 FHCs be vested in the
Federal Reserve Board, which is by statute the consolidated supervisor and regulator of
all bank holding companies today. As a result of changes in corporate structure during
the current crisis, the Federal Reserve already supervises and regulates all major U.S.
commercial and investment banks on a firm-wide basis. The Federal Reserve has by far
the most experience and resources to handle consolidated supervision and regulation of
Tier 1 FHCs.
Because these provisions must apply to transfers involving a broad
range of investment property, and not just securities issued by Alberta
corporations, they should be removed from the ABCA and placed in a separate
statute. We have also recommended that Alberta legislation should be
uniform with other provincial and federal legislation governing transfers of
investment securities. With the rapid growth of cross-border transactions, the
need for uniformity in this area is compelling.