Full-text resources of CEJSH and other databases are now available in the new Library of Science.
Visit https://bibliotekanauki.pl

PL EN


2008 | 1 | 1 | 54-68

Article title

The Legality of Offshore Enterprises

Title variants

Languages of publication

EN

Abstracts

EN
It seems that offshoring is becoming a more and more significant reality today. Offshoring is at the center of a huge public policy debate, which has emerged among business people, politicians, public servants, blue-collar workers and others. Proponents of offshoring see it as bringing prosperity to third-world countries, as well as saving costs and boosting innovation and productivity in corporate high-tax countries. They believe that saving money on cheaper labor benefits consumers due to lower costs and also benefits shareholders because of increased value. Opponents see it as an "assault on good paying jobs" in developed countries. According to them, the negative effect of offshoring is that many individuals lose their jobs, and this consequently hurts the economy of developed countries.This article analyzes offshoring through the legality of offshore enterprises and raises the question whether the business performed in the form of offshore enterprise and associated with the opportunity to maximize profits on the basis of tax reduction is legitimate, and, if so, what determines the legality of offshore enterprise. The paper also presents the understanding of offshore enterprises in the Lithuanian legal system, and examines whether offshore enterprises are legal within the Lithuanian legal system.

Publisher

Year

Volume

1

Issue

1

Pages

54-68

Physical description

Dates

published
2008-01-01
online
2009-01-30

Contributors

  • Vytautas Magnus University Faculty of Law, Lithuania

References

  • Bogdanovičius, Sergejus. Ofšorinės firmos versle (Offshore enterprises in business). Vilnius, 1999.
  • Brittain-Catlin, William. Offshore: The Dark Side of the Global Economy. New York: Farrar, Straus, and Giroux, 2005.
  • "Creating Work." Chicago Trib. no. 22 (2003) // the source acquired through the Westlaw database:
  • Harney, John. "Offshore Outsourcing - The Ongoing Political Debate." Outsourcing Center (November 2003) // http://www.outsourcing-offshore.com/debate.html (accessed September 12, 2008).
  • Hudanish, David M. Disaster Recovery and Business Continuity in an Evolving Regulatory Framework. 767 PLI/PAT 633, 644 (2003) // the source acquired through the Westlaw database:
  • Johnson, Richard A. "Why Harmful Tax Practices Will Continue After Developing Nations Pay: A Critique of the OECD's Initiatives Against Harmful Tax Competition." Boston College Third World Law Journal Vol. 26, No. 2 (Spring 2006): 351-375 // http://www.bc.edu/schools/law/lawreviews/meta-elements/ journals/bctwj/26_2/twlj_26_2_web.pdf (accessed December 2, 2008).
  • Kripalani, Manjeet, Pete Engardio, and Steve Hamm. "The Rise of India." Business Week (December 8, 2003) // the source acquired through the Westlaw database: http://web2.westlaw.com/ (accessed September 8, 2008).
  • Lohr, Steve. "Opportunity or Threat?" The Hindu (December 23, 2003) // the source acquired through the Westlaw database: http://web2.westlaw.com/ (accessed December 8, 2008).
  • "Protection Will not Work." The Straits Times (Singapore) (2003) // the source acquired through the Westlaw database:
  • Sinniger, Karin B. "The Brave New World of Global Outsourcing." ACCA Docket 23, no. 2 (2003): 14-28.
  • Stungys, Kęstutis, Kazys Galdikas, Ignotas Venslovas, and Algirdas Sakalauskas. Ofšorinis verslas (Offshore business). Vilnius, 2001.
  • Triantafyllides, George. "Cyprus as an Offshore Centre." International Company and Commercial Law Review 3(12) (1992): 420-425.
  • Civil Code of the Republic of Lithuania. Official Gazette, 2000, no. 74-2262.
  • Law on Personal Income Tax of the Republic of Lithuania. Official Gazette, 2000, no. 73-3085.
  • Law on Profit Tax of the Republic of Lithuania. Official Gazette, 2001, no. 110-3992.
  • Law on Tax Administration of the Republic of Lithuania. Official Gazette, 2004, no. 63-2243.
  • On the Approval of the Procedure for Determining Deductions Related to Income Earned Through Permanent Establishments and the Procedure for Determining the First and Last Taw Periods of a Permanent Establishment. Official Gazette, 2002, no. 26-931.
  • On the Recognition Withdrawn the Order No. 115 of April 26, 2001 of the Minister of Finance of the Republic of Lithuania "On the Approval of the List of Countries or Areas (Areas where Taxes are Lower than in the Republic of Lithuania)." Official Gazette, 2002, no. 5-193.
  • On the Recognition Withdrawn the Ruling No. 888 of August 4, 1997 of the Government of the Republic of Lithuania "For Types of Received Taxable Income and Tax Payment Procedures Related to the Foreign Enterprises, Registered in the Preferential Tax Rate of Countries or Areas (Areas where Taxes are Lower than in the Republic of Lithuania), Legal Persons of the Republic of Lithuania, Having no Legal Personality or Permanent Establishments of Foreign Enterprises in the Republic of Lithuania (except these Cases where Payments are Paid to Foreign Enterprises from their Permanent Establishments." Official Gazette, 2002, no. 17-684.
  • On the Registration of Permanent Establishments of Foreign Enterprises in the Register of Tax Payers. Informative Reports, 2001, no. 41.
  • Order of the Plenary Session of the Supreme Administrative Court of Lithuania. The Supreme Administrative Court of Lithuania, 2003, no. A11-648/2003.
  • Order of the Supreme Administrative Court of Lithuania. The Supreme Administrative Court of Lithuania, 2003, no. A8-490/2003.

Document Type

Publication order reference

Identifiers

YADDA identifier

bwmeta1.element.doi-10_2478_v10076-008-0004-2
JavaScript is turned off in your web browser. Turn it on to take full advantage of this site, then refresh the page.