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Financial Guide.......
A loan is a type of debt. Like all debt instruments, a loan entails the redistribution
of financial assets over time, between the lender and the borrower.
In a loan, the borrower initially receives or borrows an amount of money, called the principal, from the lender,
and is obligated to pay back or repay an equal amount of money to the lender at a later time. Typically, the money
is paid back in regular installments, or partial repayments; in an annuity, each installment is the same amount.
The loan is generally provided at a cost, referred to as interest on the debt, which provides an incentive for
the lender to engage in the loan. In a legal loan, each of these obligations and restrictions is enforced by contract,
which can also place the borrower under additional restrictions known as loan covenants. Although this article
focuses on monetary loans, in practice any material object might be lent.
Acting as a provider of loans is one of the principal tasks for financial institutions. For other institutions,
issuing of debt contracts such as bonds is a typical source of funding.
Contents
1 Types of loans
o 1.1 Secured
o 1.2 Unsecured
o 1.3 Demand
2 Loan payment
3 Abuses in lending
4 United States taxes
5 Income from discharge of indebtedness
6 See also
7 References
Types of loans
Secured
A secured loan is a loan in which the borrower pledges some asset (e.g. a car or property) as collateral for the
loan.
A mortgage loan is a very common type of debt instrument, used by many individuals to purchase housing. In this
arrangement, the money is used to purchase the property. The financial institution, however, is given security
— a lien on the title to the house — until the mortgage is paid off in full. If the borrower defaults on the loan,
the bank would have the legal right to repossess the house and sell it, to recover sums owing to it.
In some instances, a loan taken out to purchase a new or used car may be secured by the car, in much the same way
as a mortgage is secured by housing. The duration of the loan period is considerably shorter — often corresponding
to the useful life of the car. There are two types of auto loans, direct and indirect. A direct auto loan is where
a bank gives the loan directly to a consumer. An indirect auto loan is where a car dealership acts as an intermediary
between the bank or financial institution and the consumer.
A type of loan especially used in limited partnership agreements is the recourse note.
A stock hedge loan is a special type of securities lending whereby the stock of a borrower is hedged by the lender
against loss, using options or other hedging strategies to reduce lender risk.
A pre-settlement loan is a non-recourse debt, this is when a monetary loan is given based on the merit and awardable
amount in a lawsuit case. Only certain types of lawsuit cases are eligible for a pre-settlement loan. This is considered
a secured non-recourse debt due to the fact if the case reaches a verdict in favor of the defendant the loan is
forgiven.
Unsecured
Unsecured loans are monetary loans that are not secured against the borrower's assets. These may be available from
financial institutions under many different guises or marketing packages:
credit card debt
personal loans
bank overdrafts
credit facilities or lines of credit
corporate bonds
The interest rates applicable to these different forms may vary depending on the lender and the borrower. These
may or may not be regulated by law. In the United Kingdom, when applied to individuals, these may come under the
Consumer Credit Act 1974.
Demand
Demand loans are short term loans that are atypical in that they do not have fixed dates for repayment and carry
a floating interest rate which varies according to the prime rate. They can be "called" for repayment
by the lending institution at any time. Demand loans may be unsecured or secured.
Loan payment
The most typical loan payment type is the fully amortizing payment in which each monthly rate has the same value
overtime.
The fixed monthly payment P for a loan of L for n months and a monthly interest rate c is:
P = L \cdot \frac{c\,(1 + c)^n}{(1 + c)^n - 1}
Abuses in lending
Predatory lending is one form of abuse in the granting of loans. It usually involves granting a loan in order to
put the borrower in a position that one can gain advantage over him or her. Where the moneylender is not authorized,
they could be considered a loan shark.
Usury is a different form of abuse, where the lender charges excessive interest. In different time periods and
cultures the acceptable interest rate has varied, from no interest at all to unlimited interest rates. Credit card
companies in some countries have been accused by consumer organisations of lending at usurious interest rates and
making money out of frivolous "extra charges".
Abuses can also take place in the form of the customer abusing the lender by not repaying the loan or with an intent
to defraud the lender.
United States taxes
Most of the basic rules governing how loans are handled for tax purposes in the United States are uncodified by
both Congress (the Internal Revenue Code) and the Treasury Department (Treasury Regulations — another set of rules
that interpret the Internal Revenue Code). Yet such rules are universally accepted.
1. A loan is not gross income to the borrower. since the borrower has the obligation to repay the loan, the borrower
has no accession to wealth.
2. The lender may not deduct the amount of the loan. The rationale here is that one asset (the cash) has been converted
into a different asset (a promise of repayment).Deductions are not typically available when an outlay serves to
create a new or different asset.
3. The amount paid to satisfy the loan obligation is not deductible by the borrower.
4. Repayment of the loan is not gross income to the lender. In effect, the promise of repayment is converted back
to cash, with no accession to wealth by the lender.
5. Interest paid to the lender is included in the lender’s gross income.Interest paid represents compensation for
the use of the lender’s money or property and thus represents profit or an accession to wealth to the lender.Interest
income can be attributed to lenders even if the lender doesn’t charge a minimum amount of interest.
6. Interest paid to the lender may be deductible by the borrower. In general, interest paid in connection with
the borrower’s business activity is deductible, while interest paid on personal loans are not deductible. The major
exception here is interest paid on a home mortgage.
Income from discharge of indebtedness
Although a loan does not start out as income to the borrower, it becomes income to the borrower if the borrower
is discharged of indebtedness. Thus, if a debt is discharged, then the borrower essentially has received income
equal to the amount of the indebtedness. The Internal Revenue Code lists “Income from Discharge of Indebtedness”
in Section 62(a)(12) as a source of gross income.
Example: X owes Y $50,000. If Y discharges the indebtedness, then X no longer owes Y $50,000. For purposes of calculating
income, this should be treated the same way as if Y gave X $50,000.
For a more detailed description of the “discharge of indebtedness”, look at Section 108 (Cancellation of Debt (COD)
Income) of the Internal Revenue Code.
A mortgage is the transfer of an interest in property (or the equivalent in law - a charge) to a lender as a security
for a debt - usually a loan of money. While a mortgage in itself is not a debt, it is the lender's security for
a debt. It is a transfer of an interest in land (or the equivalent) from the owner to the mortgage lender, on the
condition that this interest will be returned to the owner when the terms of the mortgage have been satisfied or
performed. In other words, the mortgage is a security for the loan that the lender makes to the borrower.
This comes from the Old French "dead pledge," apparently meaning that the pledge ends (dies) either when
the obligation is fulfilled or the property is taken through foreclosure.
In most jurisdictions mortgages are strongly associated with loans secured on real estate rather than on other
property (such as ships) and in some jurisdictions only land may be mortgaged. A mortgage is the standard method
by which individuals and businesses can purchase real estate without the need to pay the full value immediately
from their own resources. See mortgage loan for residential mortgage lending, and commercial mortgage for lending
against commercial property.
Contents
1 Participants and variant terminology
o 1.1 Mortgage lender
o 1.2 Borrower
o 1.3 Other participants
2 Default on divided property
3 Legal aspects
o 3.1 Mortgage by demise
o 3.2 Mortgage by legal charge
o 3.3 Equitable mortgage
4 History
5 Foreclosure and non-recourse lending
6 Mortgages in the United States
o 6.1 Types of mortgage instruments
+ 6.1.1 The mortgage
+ 6.1.2 Security deed
+ 6.1.3 The deed of trust
o 6.2 Mortgage lien priority: "title theory" and "lien theory"
7 See also
8 Notes and references
Participants and variant terminology
Legal systems in different countries, while having some concepts in common, employ different terminology. However,
in general, a mortgage of property involves the following parties.
Mortgage lender
A mortgage lender is an investor that lends money secured by a mortgage on real estate. In today's world, most
lenders sell the loans they write on the secondary mortgage market. When they sell the mortgage, they earn revenue
called Service Release Premium. Typically, the purpose of the loan is for the borrower to purchase that same real
estate. The borrower, known as the mortgagor, gives the mortgage to the lender, known as the mortgagee. As the
mortgagee, the lender has the right to sell the property to pay off the loan if the borrower fails to pay.
The mortgage runs with the land, so even if the borrower transfers the property to someone else, the mortgagee
still has the right to sell it if the borrower fails to pay off the loan.
So that a buyer cannot unwittingly buy property subject to a mortgage, mortgages are registered or recorded against
the title with a government office, as a public record. The borrower has the right to have the mortgage discharged
from the title once the debt is paid.
Borrower
A mortgagor is the borrower in a mortgage—they owe the obligation secured by the mortgage. Generally, the debtor
must meet the conditions of the underlying loan or other obligation and the conditions of the mortgage. Otherwise,
the debtor usually runs the risk of foreclosure of the mortgage by the creditor to recover the debt. Typically
the debtors will be the individual home-owners, landlords or businesses who are purchasing their property by way
of a loan.
Other participants
Because of the complicated legal exchange, or conveyance, of the property, one or both of the main participants
are likely to require legal representation. The terminology varies with legal jurisdiction; see lawyer, solicitor
and conveyancer.
Because of the complex nature of many markets the debtor may approach a mortgage broker or financial adviser to
help him or her source an appropriate creditor, typically by finding the most competitive loan.
The debt is, in civil law jurisdictions, referred to as hypothecation, which may make use of the services of a
hypothecary to assist in the hypothecation.
Default on divided property
When a tract of land is purchased with a mortgage and then split up and sold, the "inverse order of alienation
rule" applies to decide parties liable for the unpaid debt.
When a mortgaged tract of land is split up and sold, upon default, the mortgagee first forecloses on lands still
owned by the mortgagor and proceeds against other owners in an 'inverse order' in which they were sold. For example,
A acquires a 3-acre (12,000 m2) lot by mortgage then splits up the lot into three 1-acre (4,000 m2) lots (A, B,
and C), and sells lot B to X, and then lot C to Y, retaining lot A for himself. Upon default, the mortgagee proceeds
against lot A first, the mortgagor. If foreclosure or repossession of lot A does not fully satisfy the debt, the
mortgagee proceeds against lot B, then lot C. The rationale is that the first purchaser should have more equity
and subsequent purchasers receive a diluted share.
Legal aspects
Mortgages may be legal or equitable. Furthermore, a mortgage may take one of a number of different legal structures,
the availability of which will depend on the jurisdiction under which the mortgage is made. Common law jurisdictions
have evolved two main forms of mortgage: the mortgage by demise and the mortgage by legal charge.
Since the seventeenth century, lenders have not been allowed to carry interest in the property beyond the underlying
debt under the equity of redemption principle. Attempts by the lender to carry an equity interest in the property
in a manner similar to convertible bonds through contract have been therefore struck down by courts as "clogs",
but developments in the 1980s and 1990s have led to less rigid enforcement of this principle, particularly due
to interest among theorists in returning to a freedom of contract regime.
Mortgage by demise
In a mortgage by demise, the mortgagee (the lender) becomes the owner of the mortgaged property until the loan
is repaid or other mortgage obligation fulfilled in full, a process known as "redemption". This kind
of mortgage takes the form of a conveyance of the property to the creditor, with a condition that the property
will be returned on redemption.
Mortgages by demise were the original form of mortgage, and continue to be used in many jurisdictions, and in a
small minority of states in the United States. Many other common law jurisdictions have either abolished or minimised
the use of the mortgage by demise. For example, in England and Wales this type of mortgage is no longer available,
by virtue of the Land Registration Act 2002.
Mortgage by legal charge
In a mortgage by legal charge or technically "a charge by deed expressed to be by way of legal mortgage",
the debtor remains the legal owner of the property, but the creditor gains sufficient rights over it to enable
them to enforce their security, such as a right to take possession of the property or sell it.
To protect the lender, a mortgage by legal charge is usually recorded in a public register. Since mortgage debt
is often the largest debt owed by the debtor, banks and other mortgage lenders run title searches of the real estate
property to make certain that there are no mortgages already registered on the debtor's property which might have
higher priority. Tax liens, in some cases, will come ahead of mortgages. For this reason, if a borrower has delinquent
property taxes, the bank will often pay them to prevent the lienholder from foreclosing and wiping out the mortgage.
This type of mortgage is most common in the United States and, since the Law of Property Act 1925, it has been
the usual form of mortgage in England and Wales (it is now the only form – see above).
In Scotland, the mortgage by legal charge is also known as Standard Security.
In Pakistan, the mortgage by legal charge is most common way used by banks to secure the financing. It is also
known as registered mortgage. After registration of legal charge, the bank's lien is recorded in the land register
stating that the property is under mortgage and cannot be sold without obtaining an NOC (No Objection Certificate)
from the bank.
Equitable mortgage
See also: Security interest#Types of security
Equitable mortgages don't fit the criteria for a legal mortgage, but are considered mortgages under equity (in
the interests of justice) because money was lent and security was promised. This could arise because of procedural
or paperwork issues. Based on this definition, there are numerous situations which could lead to an equitable mortgage.
As of 1961, English law required the consent of the court before the equitable mortgagee was allowed to sell. When
the borrower deposits a title deed with the lender, it has historically created an equitable mortgage in England,
but the creation of an equitable mortgage by such a process has been less certain in the United States.
In an equitable mortgage the lender is secured by taking possession of all the original title documents of the
property and by borrower's signing a Memorandum of Deposit of Title Deed (MODTD). This document is an undertaking
by the borrower that he/she has deposited the title documents with the bank with his own wish and will, in order
to secure the financing obtained from the bank.
History
The practice of securing land for payment of money in English law dates back to Anglo-Saxon England.[8] The practice
has been named variously as vadium mortuum by Thomas de Littleton and mortuum vadium by William Blackstone, and
translated as dead pledge in English and mortgage in French.
At common law, a mortgage was a conveyance of land that on its face was absolute and conveyed a fee simple estate,
but which was in fact conditional, and would be of no effect if certain conditions were met – usually, but not
necessarily, the repayment of a debt to the original landowner. Hence the word "mortgage" (a legal term
in French meaning "dead pledge"). The debt was absolute in form, and unlike a "live pledge"
was not conditionally dependent on its repayment solely from raising and selling crops or livestock or simply giving
the crops and livestock raised on the mortgaged land. The mortgage debt remained in effect whether or not the land
could successfully produce enough income to repay the debt. In theory, a mortgage required no further steps to
be taken by the creditor, such as acceptance of crops and livestock in repayment.
The difficulty with this arrangement was that the lender was absolute owner of the property and could sell it or
refuse to reconvey it to the borrower, who was in a weak position. Increasingly the courts of equity began to protect
the borrower's interests, so that a borrower came to have an absolute right to insist on reconveyance on redemption.
This right of the borrower is known as the "equity of redemption".
This arrangement, whereby the lender was in theory the absolute owner, but in practice had few of the practical
rights of ownership, was seen in many jurisdictions as being awkwardly artificial. By statute the common law's
position was altered so that the mortgagor would retain ownership, but the mortgagee's rights, such as foreclosure,
the power of sale, and the right to take possession, would be protected.
In the United States, those states that have reformed the nature of mortgages in this way are known as lien states.
A similar effect was achieved in England and Wales by the Law of Property Act 1925, which abolished mortgages by
the conveyance of a fee simple.
Foreclosure and non-recourse lending
See also: Strategic default
In most jurisdictions, a lender may foreclose on the mortgaged property if certain conditions – principally, non-payment
of the mortgage loan – apply. Subject to local legal requirements, the property may then be sold. Any amounts received
from the sale (net of costs) are applied to the original debt.
In some jurisdictions mainly in the United States,[10] mortgage loans are non-recourse loans: if the funds recouped
from sale of the mortgaged property are insufficient to cover the outstanding debt, the lender may not have recourse
to the borrower after foreclosure. In other jurisdictions, the borrower remains responsible for any remaining debt,
through a deficiency judgment. In some jurisdictions, first mortgages are non-recourse loans, but second and subsequent
ones are recourse loans.
Specific procedures for foreclosure and sale of the mortgaged property almost always apply, and may be tightly
regulated by the relevant government. In some jurisdictions, foreclosure and sale can occur quite rapidly, while
in others, foreclosure may take many months or even years. In many countries, the ability of lenders to foreclose
is extremely limited, and mortgage market development has been notably slower.
Mortgages in the United States
Types of mortgage instruments
Two types of mortgage instruments are commonly used in the United States: the mortgage (sometimes called a mortgage
deed) and the deed of trust.
The mortgage
In all but a few states, a mortgage creates a lien on the title to the mortgaged property. Foreclosure of that
lien almost always requires a judicial proceeding declaring the debt to be due and in default and ordering a sale
of the property to pay the debt.
Security deed
The deed to secure debt is a mortgage instrument used in the state of Georgia. Unlike a mortgage, a security deed
is an actual conveyance of real property in security of a debt. Upon the execution of such a deed, title passes
to the grantee or beneficiary (usually lender), however the grantor (debtor) maintains equitable title to use and
enjoy the conveyed land subject to compliance with debt obligations.
Security deeds must be recorded in the county where the land is located. Although there is no specific time within
which such deeds must be filed, the failure to timely record the deed to secure debt may affect priority and therefore
the ability to enforce the debt against the subject property.
The deed of trust
The deed of trust is a deed by the borrower to a trustee for the purposes of securing a debt. In most states, it
also merely creates a lien on the title and not a title transfer, regardless of its terms. It differs from a mortgage
in that, in many states, it can be foreclosed by a non-judicial sale held by the trustee. It is also possible to
foreclose them through a judicial proceeding.
Most "mortgages" in California are actually deeds of trust. The effective difference is that the foreclosure
process can be much faster for a deed of trust than for a mortgage, on the order of 3 months rather than a year.
Because the foreclosure does not require actions by the court the transaction costs can be quite a bit less.
Deeds of trust to secure repayments of debts should not be confused with trust instruments that are sometimes called
deeds of trust but that are used to create trusts for other purposes, such as estate planning. Though there are
superficial similarities in the form, many states hold deeds of trust to secure repayment of debts do not create
true trust arrangements.
Mortgage lien priority: "title theory" and "lien theory"
Except in those few states in the United States that adhere to the title theory of mortgages, either a mortgage
or a deed of trust will create a mortgage lien upon the title to the real property being mortgaged. The lien is
said to "attach" to the title when the mortgage is signed by the mortgagor and delivered to the mortgagee
and the mortgagor receives the funds whose repayment the mortgage secures. Subject to the requirements of the recording
laws of the state in which the land is located, this attachment establishes the priority of the mortgage lien with
respect to most other liens on the property's title. Liens that have attached to the title before the mortgage
lien are said to be senior to, or prior to, the mortgage lien. Those attaching afterward are said to be junior
or subordinate. The purpose of this priority is to establish the order in which lien holders are entitled to foreclose
their liens in an attempt to recover their debts. If there are multiple mortgage liens on the title to a property
and the loan secured by a first mortgage is paid off, the second mortgage lien will move up in priority and become
the new first mortgage lien on the title. Documenting this new priority arrangement will require the release of
the mortgage securing the paid off loan.
Insurance, in law and economics, is a form of risk management primarily used to hedge against the risk of a contingent
loss. Insurance is defined as the equitable transfer of the risk of a loss, from one entity to another, in exchange
for a premium, and can be thought of as a guaranteed and known small loss to prevent a large, possibly devastating
loss. An insurer is a company selling the insurance; an insured or policyholder is the person or entity buying
the insurance. The insurance rate is a factor used to determine the amount to be charged for a certain amount of
insurance coverage, called the premium. Risk management, the practice of appraising and controlling risk, has evolved
as a discrete field of study and practice.
Contents
1 Principles of insurance
2 Indemnification
3 Insurers' business model
o 3.1 Underwriting and investing
o 3.2 Claims
4 History of insurance
5 Types of insurance
o 5.1 Auto insurance
o 5.2 Home insurance
o 5.3 Health
o 5.4 Accident, Sickness and Unemployment Insurance
o 5.5 Casualty
o 5.6 Life
o 5.7 Property
o 5.8 Liability
o 5.9 Credit
o 5.10 Other types
o 5.11 Insurance financing vehicles
o 5.12 Closed community self-insurance
6 Insurance companies
7 Global insurance industry
8 Controversies
o 8.1 Religious concerns
o 8.2 Insurance insulates too much
o 8.3 Complexity of insurance policy contracts
o 8.4 Redlining
o 8.5 Insurance patents
o 8.6 The insurance industry and rent seeking
9 Glossary
10 See also
11 Notes
12 Bibliography
13 External links
Principles of insurance
Financial market participants
Assorted United States coins.jpg
Collective investment schemes
Credit unions
Insurance companies
Investment banks
Pension funds
Prime Brokers
Trusts
Finance series
Financial market
Participants
Corporate finance
Personal finance
Public finance
Banks and banking
Financial regulation
v • d • e
Commercially insurable risks typically share seven common characteristics.
1. A large number of homogeneous exposure units. The vast majority of insurance policies are provided for individual
members of very large classes. Automobile insurance, for example, covered about 175 million automobiles in the
United States in 2004. The existence of a large number of homogeneous exposure units allows insurers to benefit
from the so-called “law of large numbers,” which in effect states that as the number of exposure units increases,
proportionally the actual results are increasingly likely to become close to expected proportions. There are exceptions
to this criterion. Lloyd's of London is famous for insuring the life or health of actors, actresses and sports
figures. Satellite Launch insurance covers events that are infrequent. Large commercial property policies may insure
exceptional properties for which there are no ‘homogeneous’ exposure units. Despite failing on this criterion,
many exposures like these are generally considered to be insurable.
2. Definite Loss. The event that gives rise to the loss that is subject to the insured, at least in principle,
take place at a known time, in a known place, and from a known cause. The classic example is death of an insured
person on a life insurance policy. Fire, automobile accidents, and worker injuries may all easily meet this criterion.
Other types of losses may only be definite in theory. Occupational disease, for instance, may involve prolonged
exposure to injurious conditions where no specific time, place or cause is identifiable. Ideally, the time, place
and cause of a loss should be clear enough that a reasonable person, with sufficient information, could objectively
verify all three elements.
3. Accidental Loss. The event that constitutes the trigger of a claim should be fortuitous, or at least outside
the control of the beneficiary of the insurance. The loss should be ‘pure,’ in the sense that it results from an
event for which there is only the opportunity for cost. Events that contain speculative elements, such as ordinary
business risks, are generally not considered insurable.
4. Large Loss. The size of the loss must be meaningful from the perspective of the insured. Insurance premiums
need to cover both the expected cost of losses, plus the cost of issuing and administering the policy, adjusting
losses, and supplying the capital needed to reasonably assure that the insurer will be able to pay claims. For
small losses these latter costs may be several times the size of the expected cost of losses. There is little point
in paying such costs unless the protection offered has real value to a buyer.
5. Affordable Premium. If the likelihood of an insured event is so high, or the cost of the event so large,
that the resulting premium is large relative to the amount of protection offered, it is not likely that anyone
will buy insurance, even if on offer. Further, as the accounting profession formally recognizes in financial accounting
standards, the premium cannot be so large that there is not a reasonable chance of a significant loss to the insurer.
If there is no such chance of loss, the transaction may have the form of insurance, but not the substance. (See
the U.S. Financial Accounting Standards Board standard number 113)
6. Calculable Loss. There are two elements that must be at least estimable, if not formally calculable: the
probability of loss, and the attendant cost. Probability of loss is generally an empirical exercise, while cost
has more to do with the ability of a reasonable person in possession of a copy of the insurance policy and a proof
of loss associated with a claim presented under that policy to make a reasonably definite and objective evaluation
of the amount of the loss recoverable as a result of the claim.
7. Limited risk of catastrophically large losses. The essential risk is often aggregation. If the same event
can cause losses to numerous policyholders of the same insurer, the ability of that insurer to issue policies becomes
constrained, not by factors surrounding the individual characteristics of a given policyholder, but by the factors
surrounding the sum of all policyholders so exposed. Typically, insurers prefer to limit their exposure to a loss
from a single event to some small portion of their capital base, on the order of 5 percent. Where the loss can
be aggregated, or an individual policy could produce exceptionally large claims, the capital constraint will restrict
an insurer's appetite for additional policyholders. The classic example is earthquake insurance, where the ability
of an underwriter to issue a new policy depends on the number and size of the policies that it has already underwritten.
Wind insurance in hurricane zones, particularly along coast lines, is another example of this phenomenon. In extreme
cases, the aggregation can affect the entire industry, since the combined capital of insurers and reinsurers can
be small compared to the needs of potential policyholders in areas exposed to aggregation risk. In commercial fire
insurance it is possible to find single properties whose total exposed value is well in excess of any individual
insurer’s capital constraint. Such properties are generally shared among several insurers, or are insured by a
single insurer who syndicates the risk into the reinsurance market.
Indemnification
Main article: Indemnity
The technical definition of "indemnity" means to make whole again. There are two types of insurance contracts;
1. an "indemnity" policy and
2. a "pay on behalf" or "on behalf of" policy.
The difference is significant on paper, but rarely material in practice.
An "indemnity" policy will never pay claims until the insured has paid out of pocket to some third party;
for example, a visitor to your home slips on a floor that you left wet and sues you for $10,000 and wins. Under
an "indemnity" policy the homeowner would have to come up with the $10,000 to pay for the visitor's fall
and then would be "indemnified" by the insurance carrier for the out of pocket costs (the $10,000).
Under the same situation, a "pay on behalf" policy, the insurance carrier would pay the claim and the
insured (the homeowner) would not be out of pocket for anything. Most modern liability insurance is written on
the basis of "pay on behalf" language.
An entity seeking to transfer risk (an individual, corporation, or association of any type, etc.) becomes the 'insured'
party once risk is assumed by an 'insurer', the insuring party, by means of a contract, called an insurance 'policy'.
Generally, an insurance contract includes, at a minimum, the following elements: the parties (the insurer, the
insured, the beneficiaries), the premium, the period of coverage, the particular loss event covered, the amount
of coverage (i.e., the amount to be paid to the insured or beneficiary in the event of a loss), and exclusions
(events not covered). An insured is thus said to be "indemnified" against the loss covered in the policy.
When insured parties experience a loss for a specified peril, the coverage entitles the policyholder to make a
'claim' against the insurer for the covered amount of loss as specified by the policy. The fee paid by the insured
to the insurer for assuming the risk is called the 'premium'. Insurance premiums from many insureds are used to
fund accounts reserved for later payment of claims—in theory for a relatively few claimants—and for overhead costs.
So long as an insurer maintains adequate funds set aside for anticipated losses (i.e., reserves), the remaining
margin is an insurer's profit.
Insurers' business model
Underwriting and investing
The business model can be reduced to a simple equation: Profit = earned premium + investment income - incurred
loss - underwriting expenses.
Insurers make money in two ways:
1. Through underwriting, the process by which insurers select the risks to insure and decide how much in premiums
to charge for accepting those risks;
2. By investing the premiums they collect from insured parties.
The most complicated aspect of the insurance business is the underwriting of policies. Using a wide assortment
of data, insurers predict the likelihood that a claim will be made against their policies and price products accordingly.
To this end, insurers use actuarial science to quantify the risks they are willing to assume and the premium they
will charge to assume them. Data is analyzed to fairly accurately project the rate of future claims based on a
given risk. Actuarial science uses statistics and probability to analyze the risks associated with the range of
perils covered, and these scientific principles are used to determine an insurer's overall exposure. Upon termination
of a given policy, the amount of premium collected and the investment gains thereon minus the amount paid out in
claims is the insurer's underwriting profit on that policy. Of course, from the insurer's perspective, some policies
are "winners" (i.e., the insurer pays out less in claims and expenses than it receives in premiums and
investment income) and some are "losers" (i.e., the insurer pays out more in claims and expenses than
it receives in premiums and investment income); insurance companies essentially use actuarial science to attempt
to underwrite enough "winning" policies to pay out on the "losers" while still maintaining
profitability.
An insurer's underwriting performance is measured in its combined ratio. The loss ratio (incurred losses and loss-adjustment
expenses divided by net earned premium) is added to the expense ratio (underwriting expenses divided by net premium
written) to determine the company's combined ratio. The combined ratio is a reflection of the company's overall
underwriting profitability. A combined ratio of less than 100 percent indicates underwriting profitability, while
anything over 100 indicates an underwriting loss.
Insurance companies also earn investment profits on “float”. “Float” or available reserve is the amount of money,
at hand at any given moment, that an insurer has collected in insurance premiums but has not been paid out in claims.
Insurers start investing insurance premiums as soon as they are collected and continue to earn interest on them
until claims are paid out. The Association of British Insurers (gathering 400 insurance companies and 94% of UK
insurance services) has almost 20% of the investments in the London Stock Exchange.
In the United States, the underwriting loss of property and casualty insurance companies was $142.3 billion in
the five years ending 2003. But overall profit for the same period was $68.4 billion, as the result of float. Some
insurance industry insiders, most notably Hank Greenberg, do not believe that it is forever possible to sustain
a profit from float without an underwriting profit as well, but this opinion is not universally held. Naturally,
the “float” method is difficult to carry out in an economically depressed period. Bear markets do cause insurers
to shift away from investments and to toughen up their underwriting standards. So a poor economy generally means
high insurance premiums. This tendency to swing between profitable and unprofitable periods over time is commonly
known as the "underwriting" or insurance cycle.
Property and casualty insurers currently make the most money from their auto insurance line of business. Generally
better statistics are available on auto losses and underwriting on this line of business has benefited greatly
from advances in computing. Additionally, property losses in the United States, due to unpredictable natural catastrophes,
have exacerbated this trend.
Claims
Claims and loss handling is the materialized utility of insurance; it is the actual "product" paid for,
though one hopes it will never need to be used. Claims may be filed by insureds directly with the insurer or through
brokers or agents. The insurer may require that the claim be filed on its own proprietary forms, or may accept
claims on a standard industry form such as those produced by ACORD.
Insurance company claim departments employ a large number of claims adjusters supported by a staff of records management
and data entry clerks. Incoming claims are classified based on severity and are assigned to adjusters whose settlement
authority varies with their knowledge and experience. The adjuster undertakes a thorough investigation of each
claim, usually in close cooperation with the insured, determines its reasonable monetary value, and authorizes
payment. Adjusting liability insurance claims is particularly difficult because there is a third party involved
(the plaintiff who is suing the insured) who is under no contractual obligation to cooperate with the insurer and
in fact may regard the insurer as a deep pocket. The adjuster must obtain legal counsel for the insured (either
inside "house" counsel or outside "panel" counsel), monitor litigation that may take years
to complete, and appear in person or over the telephone with settlement authority at a mandatory settlement conference
when requested by the judge.
In managing the claims handling function, insurers seek to balance the elements of customer satisfaction, administrative
handling expenses, and claims overpayment leakages. As part of this balancing act, fraudulent insurance practices
are a major business risk that must be managed and overcome. Disputes between insurers and insureds over the validity
of claims or claims handling practices occasionally escalate into litigation; see insurance bad faith.
History of insurance
Main article: History of insurance
In some sense we can say that insurance appears simultaneously with the appearance of human society. We know of
two types of economies in human societies: money economies (with markets, money, financial instruments and so on)
and non-money or natural economies (without money, markets, financial instruments and so on). The second type is
a more ancient form than the first. In such an economy and community, we can see insurance in the form of people
helping each other. For example, if a house burns down, the members of the community help build a new one. Should
the same thing happen to one's neighbour, the other neighbours must help. Otherwise, neighbours will not receive
help in the future. This type of insurance has survived to the present day in some countries where modern money
economy with its financial instruments is not widespread.
Turning to insurance in the modern sense (i.e., insurance in a modern money economy, in which insurance is part
of the financial sphere), early methods of transferring or distributing risk were practised by Chinese and Babylonian
traders as long ago as the 3rd and 2nd millennia BC, respectively. Chinese merchants travelling treacherous river
rapids would redistribute their wares across many vessels to limit the loss due to any single vessel's capsizing.
The Babylonians developed a system which was recorded in the famous Code of Hammurabi, c. 1750 BC, and practised
by early Mediterranean sailing merchants. If a merchant received a loan to fund his shipment, he would pay the
lender an additional sum in exchange for the lender's guarantee to cancel the loan should the shipment be stolen
or lost at sea.
Achaemenian monarchs of Ancient Persia were the first to insure their people and made it official by registering
the insuring process in governmental notary offices. The insurance tradition was performed each year in Norouz
(beginning of the Iranian New Year); the heads of different ethnic groups as well as others willing to take part,
presented gifts to the monarch. The most important gift was presented during a special ceremony. When a gift was
worth more than 10,000 Derrik (Achaemenian gold coin) the issue was registered in a special office. This was advantageous
to those who presented such special gifts. For others, the presents were fairly assessed by the confidants of the
court. Then the assessment was registered in special offices.
The purpose of registering was that whenever the person who presented the gift registered by the court was in trouble,
the monarch and the court would help him. Jahez, a historian and writer, writes in one of his books on ancient
Iran: Whenever the owner of the present is in trouble or wants to construct a building, set up a feast, have his
children married, etc. the one in charge of this in the court would check the registration. If the registered amount
exceeded 10,000 Derrik, he or she would receive an amount of twice as much."
A thousand years later, the inhabitants of Rhodes invented the concept of the 'general average'. Merchants whose
goods were being shipped together would pay a proportionally divided premium which would be used to reimburse any
merchant whose goods were jettisoned during storm or sinkage.
The Greeks and Romans introduced the origins of health and life insurance c. 600 AD when they organized guilds
called "benevolent societies" which cared for the families and paid funeral expenses of members upon
death. Guilds in the Middle Ages served a similar purpose. The Talmud deals with several aspects of insuring goods.
Before insurance was established in the late 17th century, "friendly societies" existed in England, in
which people donated amounts of money to a general sum that could be used for emergencies.
Separate insurance contracts (i.e., insurance policies not bundled with loans or other kinds of contracts) were
invented in Genoa in the 14th century, as were insurance pools backed by pledges of landed estates. These new insurance
contracts allowed insurance to be separated from investment, a separation of roles that first proved useful in
marine insurance. Insurance became far more sophisticated in post-Renaissance Europe, and specialized varieties
developed.
Some forms of insurance had developed in London by the early decades of the seventeenth century. For example, the
will of the English colonist Robert Hayman mentions two "policies of insurance" taken out with the diocesan
Chancellor of London, Arthur Duck. Of the value of £100 each, one relates to the safe arrival of Hayman's
ship in Guyana and the other is in regard to "one hundred pounds assured by the said Doctor Arthur Ducke on
my life". Hayman's will was signed and sealed on 17 November 1628 but not proved until 1633.[9] Toward the
end of the seventeenth century, London's growing importance as a centre for trade increased demand for marine insurance.
In the late 1680s, Edward Lloyd opened a coffee house that became a popular haunt of ship owners, merchants, and
ships’ captains, and thereby a reliable source of the latest shipping news. It became the meeting place for parties
wishing to insure cargoes and ships, and those willing to underwrite such ventures. Today, Lloyd's of London remains
the leading market (note that it is not an insurance company) for marine and other specialist types of insurance,
but it works rather differently than the more familiar kinds of insurance.
Insurance as we know it today can be traced to the Great Fire of London, which in 1666 devoured more than 13,000
houses. The devastating effects of the fire converted the development of insurance "from a matter of convenience
into one of urgency, a change of opinion reflected in Sir Christopher Wren's inclusion of a site for 'the Insurance
Office' in his new plan for London in 1667."A number of attempted fire insurance schemes came to nothing,
but in 1681 Nicholas Barbon, and eleven associates, established England's first fire insurance company, the 'Insurance
Office for Houses', at the back of the Royal Exchange. Initially, 5,000 homes were insured by Barbon's Insurance
Office
The first insurance company in the United States underwrote fire insurance and was formed in Charles Town (modern-day
Charleston), South Carolina, in 1732. Benjamin Franklin helped to popularize and make standard the practice of
insurance, particularly against fire in the form of perpetual insurance. In 1752, he founded the Philadelphia Contributionship
for the Insurance of Houses from Loss by Fire. Franklin's company was the first to make contributions toward fire
prevention. Not only did his company warn against certain fire hazards, it refused to insure certain buildings
where the risk of fire was too great, such as all wooden houses. In the United States, regulation of the insurance
industry is highly Balkanized, with primary responsibility assumed by individual state insurance departments. Whereas
insurance markets have become centralized nationally and internationally, state insurance commissioners operate
individually, though at times in concert through a national insurance commissioners' organization. In recent years,
some have called for a dual state and federal regulatory system (commonly referred to as the Optional federal charter
(OFC)) for insurance similar to that which oversees state banks and national banks.
Types of insurance
Any risk that can be quantified can potentially be insured. Specific kinds of risk that may give rise to claims
are known as "perils". An insurance policy will set out in detail which perils are covered by the policy
and which are not. Below are (non-exhaustive) lists of the many different types of insurance that exist. A single
policy may cover risks in one or more of the categories set out below. For example, auto insurance would typically
cover both property risk (covering the risk of theft or damage to the car) and liability risk (covering legal claims
from causing an accident). A homeowner's insurance policy in the U.S. typically includes property insurance covering
damage to the home and the owner's belongings, liability insurance covering certain legal claims against the owner,
and even a small amount of coverage for medical expenses of guests who are injured on the owner's property.
Business insurance can be any kind of insurance that protects businesses against risks. Some principal subtypes
of business insurance are (a) the various kinds of professional liability insurance, also called professional indemnity
insurance, which are discussed below under that name; and (b) the business owner's policy (BOP), which bundles
into one policy many of the kinds of coverage that a business owner needs, in a way analogous to how homeowners
insurance bundles the coverages that a homeowner needs.
Auto insurance
Main article: Vehicle insurance
A wrecked vehicle
Auto insurance protects you against financial loss if you have an accident. It is a contract between you and the
insurance company. You agree to pay the premium and the insurance company agrees to pay your losses as defined
in your policy. Auto insurance provides property, liability and medical coverage:
1. Property coverage pays for damage to or theft of your car.
2. Liability coverage pays for your legal responsibility to others for bodily injury or property damage.
3. Medical coverage pays for the cost of treating injuries, rehabilitation and sometimes lost wages and funeral
expenses.
An auto insurance policy comprises six kinds of coverage. Most countries require you to buy some, but not all,
of these coverages. If you're financing a car, your lender may also have requirements. Most auto policies are for
six months to a year.
In the United States, your insurance company should notify you by mail when it’s time to renew the policy and to
pay your premium.
Home insurance
Main article: Home insurance
Home insurance provides compensation for damage or destruction of a home from disasters. In some geographical areas,
the standard insurances excludes certain types of disasters, such as flood and earthquakes, that require additional
coverage. Maintenance-related problems are the homeowners' responsibility. The policy may include inventory, or
this can be bought as a separate policy, especially for people who rent housing. In some countries, insurers offer
a package which may include liability and legal responsibility for injuries and property damage caused by members
of the household, including pets.[14]
Health
Main articles: Health insurance and Dental insurance
NHS Facility
Health insurance policies by the National Health Service in the United Kingdom (NHS) or other publicly-funded health
programs will cover the cost of medical treatments. Dental insurance, like medical insurance, is coverage for individuals
to protect them against dental costs. In the U.S., dental insurance is often part of an employer's benefits package,
along with health insurance.
Accident, Sickness and Unemployment Insurance
Disability insurance policies provide financial support in the event the policyholder is unable to work because
of disabling illness or injury. It provides monthly support to help pay such obligations as mortgages and credit
cards.
Disability overhead insurance allows business owners to cover the overhead expenses of their business while
they are unable to work.
Total permanent disability insurance provides benefits when a person is permanently disabled and can no longer
work in their profession, often taken as an adjunct to life insurance.
Workers' compensation insurance replaces all or part of a worker's wages lost and accompanying medical expenses
incurred because of a job-related injury.
Casualty
Casualty insurance insures against accidents, not necessarily tied to any specific property.
Main article: Casualty insurance
Crime insurance is a form of casualty insurance that covers the policyholder against losses arising from the
criminal acts of third parties. For example, a company can obtain crime insurance to cover losses arising from
theft or embezzlement.
Political risk insurance is a form of casualty insurance that can be taken out by businesses with operations
in countries in which there is a risk that revolution or other political conditions will result in a loss.
Life
Main article: Life insurance
Life insurance provides a monetary benefit to a decedent's family or other designated beneficiary, and may specifically
provide for income to an insured person's family, burial, funeral and other final expenses. Life insurance policies
often allow the option of having the proceeds paid to the beneficiary either in a lump sum cash payment or an annuity.
Annuities provide a stream of payments and are generally classified as insurance because they are issued by insurance
companies and regulated as insurance and require the same kinds of actuarial and investment management expertise
that life insurance requires. Annuities and pensions that pay a benefit for life are sometimes regarded as insurance
against the possibility that a retiree will outlive his or her financial resources. In that sense, they are the
complement of life insurance and, from an underwriting perspective, are the mirror image of life insurance.
Certain life insurance contracts accumulate cash values, which may be taken by the insured if the policy is surrendered
or which may be borrowed against. Some policies, such as annuities and endowment policies, are financial instruments
to accumulate or liquidate wealth when it is needed.
In many countries, such as the U.S. and the UK, the tax law provides that the interest on this cash value is not
taxable under certain circumstances. This leads to widespread use of life insurance as a tax-efficient method of
saving as well as protection in the event of early death.
In U.S., the tax on interest income on life insurance policies and annuities is generally deferred. However, in
some cases the benefit derived from tax deferral may be offset by a low return. This depends upon the insuring
company, the type of policy and other variables (mortality, market return, etc.). Moreover, other income tax saving
vehicles (e.g., IRAs, 401(k) plans, Roth IRAs) may be better alternatives for value accumulation.
Property
Main article: Property insurance
This tornado damage to an Illinois home would be considered an "Act of God" for insurance purposes
Property insurance provides protection against risks to property, such as fire, theft or weather damage. This includes
specialized forms of insurance such as fire insurance, flood insurance, earthquake insurance, home insurance, inland
marine insurance or boiler insurance.
Automobile insurance, known in the UK as motor insurance, is probably the most common form of insurance and
may cover both legal liability claims against the driver and loss of or damage to the insured's vehicle itself.
Throughout the United States an auto insurance policy is required to legally operate a motor vehicle on public
roads. In some jurisdictions, bodily injury compensation for automobile accident victims has been changed to a
no-fault system, which reduces or eliminates the ability to sue for compensation but provides automatic eligibility
for benefits. Credit card companies insure against damage on rented cars.
o Driving School Insurance insurance provides cover for any authorized driver whilst undergoing tuition,
cover also unlike other motor policies provides cover for instructor liability where both the pupil and driving
instructor are equally liable in the event of a claim.
Aviation insurance insures against hull, spares, deductibles, hull wear and liability risks.
Boiler insurance (also known as boiler and machinery insurance or equipment breakdown insurance) insures against
accidental physical damage to equipment or machinery.
Builder's risk insurance insures against the risk of physical loss or damage to property during construction.
Builder's risk insurance is typically written on an "all risk" basis covering damage due to any cause
(including the negligence of the insured) not otherwise expressly excluded. Builder's risk insurance is coverage
that protects a person's or organization's insurable interest in materials, fixtures and/or equipment being used
in the construction or renovation of a building or structure should those items sustain physical loss or damage
from a covered cause
Crop insurance "Farmers use crop insurance to reduce or manage various risks associated with growing
crops. Such risks include crop loss or damage caused by weather, hail, drought, frost damage, insects, or disease,
for instance."
Earthquake insurance is a form of property insurance that pays the policyholder in the event of an earthquake
that causes damage to the property. Most ordinary homeowners insurance policies do not cover earthquake damage.
Most earthquake insurance policies feature a high deductible. Rates depend on location and the probability of an
earthquake, as well as the construction of the home.
A fidelity bond is a form of casualty insurance that covers policyholders for losses that they incur as a
result of fraudulent acts by specified individuals. It usually insures a business for losses caused by the dishonest
acts of its employees.
Flood insurance protects against property loss due to flooding. Many insurers in the U.S. do not provide flood
insurance in some portions of the country. In response to this, the federal government created the National Flood
Insurance Program which serves as the insurer of last resort.
Home insurance or homeowners' insurance: See "Property insurance".
Landlord insurance is specifically designed for people who own properties which they rent out. Most house
insurance cover in the U.K will not be valid if the property is rented out therefore landlords must take out this
specialist form of home insurance.
Marine insurance and marine cargo insurance cover the loss or damage of ships at sea or on inland waterways,
and of the cargo that may be on them. When the owner of the cargo and the carrier are separate corporations, marine
cargo insurance typically compensates the owner of cargo for losses sustained from fire, shipwreck, etc., but excludes
losses that can be recovered from the carrier or the carrier's insurance. Many marine insurance underwriters will
include "time element" coverage in such policies, which extends the indemnity to cover loss of profit
and other business expenses attributable to the delay caused by a covered loss.
Surety bond insurance is a three party insurance guaranteeing the performance of the principal.
Terrorism insurance provides protection against any loss or damage caused by terrorist activities.
Volcano insurance is an insurance that covers volcano damage in Hawaii.
Windstorm insurance is an insurance covering the damage that can be caused by hurricanes and tropical cyclones.
Liability
Main article: Liability insurance
Liability insurance is a very broad superset that covers legal claims against the insured. Many types of insurance
include an aspect of liability coverage. For example, a homeowner's insurance policy will normally include liability
coverage which protects the insured in the event of a claim brought by someone who slips and falls on the property;
automobile insurance also includes an aspect of liability insurance that indemnifies against the harm that a crashing
car can cause to others' lives, health, or property. The protection offered by a liability insurance policy is
twofold: a legal defense in the event of a lawsuit commenced against the policyholder and indemnification (payment
on behalf of the insured) with respect to a settlement or court verdict. Liability policies typically cover only
the negligence of the insured, and will not apply to results of wilful or intentional acts by the insured.
Public liability insurance covers a business against claims should its operations injure a member of the public
or damage their property in some way.
Directors and officers liability insurance protects an organization (usually a corporation) from costs associated
with litigation resulting from mistakes made by directors and officers for which they are liable. In the industry,
it is usually called "D&O" for short.
Environmental liability insurance protects the insured from bodily injury, property damage and cleanup costs
as a result of the dispersal, release or escape of pollutants.
Errors and omissions insurance: See "Professional liability insurance" under "Liability insurance".
Prize indemnity insurance protects the insured from giving away a large prize at a specific event. Examples
would include offering prizes to contestants who can make a half-court shot at a basketball game, or a hole-in-one
at a golf tournament.
Professional liability insurance, also called professional indemnity insurance, protects insured professionals
such as architectural corporation and medical practice against potential negligence claims made by their patients/clients.
Professional liability insurance may take on different names depending on the profession. For example, professional
liability insurance in reference to the medical profession may be called malpractice insurance. Notaries public
may take out errors and omissions insurance (E&O). Other potential E&O policyholders include, for example,
real estate brokers, Insurance agents, home inspectors, appraisers, and website developers.
Credit
Main article: Credit insurance
Credit insurance repays some or all of a loan when certain things happen to the borrower such as unemployment,
disability, or death.
Mortgage insurance insures the lender against default by the borrower. Mortgage insurance is a form of credit
insurance, although the name credit insurance more often is used to refer to policies that cover other kinds of
debt.
Many credit cards offer payment protection plans which are a form of credit insurance.
Other types
Collateral protection insurance or CPI, insures property (primarily vehicles) held as collateral for loans
made by lending institutions.
Defense Base Act Workers' compensation or DBA Insurance provides coverage for civilian workers hired by the
government to perform contracts outside the U.S. and Canada. DBA is required for all U.S. citizens, U.S. residents,
U.S. Green Card holders, and all employees or subcontractors hired on overseas government contracts. Depending
on the country, Foreign Nationals must also be covered under DBA. This coverage typically includes expenses related
to medical treatment and loss of wages, as well as disability and death benefits.
Expatriate insurance provides individuals and organizations operating outside of their home country with protection
for automobiles, property, health, liability and business pursuits.
Financial loss insurance or Business Interruption Insurance protects individuals and companies against various
financial risks. For example, a business might purchase coverage to protect it from loss of sales if a fire in
a factory prevented it from carrying out its business for a time. Insurance might also cover the failure of a creditor
to pay money it owes to the insured. This type of insurance is frequently referred to as "business interruption
insurance." Fidelity bonds and surety bonds are included in this category, although these products provide
a benefit to a third party (the "obligee") in the event the insured party (usually referred to as the
"obligor") fails to perform its obligations under a contract with the obligee.
Kidnap and ransom insurance
Legal Expenses Insurance covers policyholders against the potential costs of legal action against an institution
or an individual.
Locked funds insurance is a little-known hybrid insurance policy jointly issued by governments and banks.
It is used to protect public funds from tamper by unauthorized parties. In special cases, a government may authorize
its use in protecting semi-private funds which are liable to tamper. The terms of this type of insurance are usually
very strict. Therefore it is used only in extreme cases where maximum security of funds is required.
Media Insurance is designed to cover professionals that engage in film, video and TV production.
Nuclear incident insurance covers damages resulting from an incident involving radioactive materials and is
generally arranged at the national level. See the Nuclear exclusion clause and for the United States the Price-Anderson
Nuclear Industries Indemnity Act)
Pet insurance insures pets against accidents and illnesses - some companies cover routine/wellness care and
burial, as well.
Pollution Insurance which consists of first-party coverage for contamination of insured property either by
external or on-site sources. Coverage for liability to third parties arising from contamination of air, water,
or land due to the sudden and accidental release of hazardous materials from the insured site. The policy usually
covers the costs of cleanup and may include coverage for releases from underground storage tanks. Intentional acts
are specifically excluded.
Purchase insurance is aimed at providing protection on the products people purchase. Purchase insurance can
cover individual purchase protection, warranties, guarantees, care plans and even mobile phone insurance. Such
insurance is normally very limited in the scope of problems that are covered by the policy.
Title insurance provides a guarantee that title to real property is vested in the purchaser and/or mortgagee,
free and clear of liens or encumbrances. It is usually issued in conjunction with a search of the public records
performed at the time of a real estate transaction.
Travel insurance is an insurance cover taken by those who travel abroad, which covers certain losses such
as medical expenses, loss of personal belongings, travel delay, personal liabilities, etc.
Insurance financing vehicles
Fraternal insurance is provided on a cooperative basis by fraternal benefit societies or other social organizations
No-fault insurance is a type of insurance policy (typically automobile insurance) where insureds are indemnified
by their own insurer regardless of fault in the incident.
Protected Self-Insurance is an alternative risk financing mechanism in which an organization retains the mathematically
calculated cost of risk within the organization and transfers the catastrophic risk with specific and aggregate
limits to an insurer so the maximum total cost of the program is known. A properly designed and underwritten Protected
Self-Insurance Program reduces and stabilizes the cost of insurance and provides valuable risk management information.
Retrospectively Rated Insurance is a method of establishing a premium on large commercial accounts. The final
premium is based on the insured's actual loss experience during the policy term, sometimes subject to a minimum
and maximum premium, with the final premium determined by a formula. Under this plan, the current year's premium
is based partially (or wholly) on the current year's losses, although the premium adjustments may take months or
years beyond the current year's expiration date. The rating formula is guaranteed in the insurance contract. Formula:
retrospective premium = converted loss + basic premium × tax multiplier. Numerous variations of this formula
have been developed and are in use.
Formal self insurance is the deliberate decision to pay for otherwise insurable losses out of one's own money.
This can be done on a formal basis by establishing a separate fund into which funds are deposited on a periodic
basis, or by simply forgoing the purchase of available insurance and paying out-of-pocket. Self insurance is usually
used to pay for high-frequency, low-severity losses. Such losses, if covered by conventional insurance, mean having
to pay a premium that includes loadings for the company's general expenses, cost of putting the policy on the books,
acquisition expenses, premium taxes, and contingencies. While this is true for all insurance, for small, frequent
losses the transaction costs may exceed the benefit of volatility reduction that insurance otherwise affords.
Reinsurance is a type of insurance purchased by insurance companies or self-insured employers to protect against
unexpected losses. Financial reinsurance is a form of reinsurance that is primarily used for capital management
rather than to transfer insurance risk.
Social insurance can be many things to many people in many countries. But a summary of its essence is that
it is a collection of insurance coverages (including components of life insurance, disability income insurance,
unemployment insurance, health insurance, and others), plus retirement savings, that requires participation by
all citizens. By forcing everyone in society to be a policyholder and pay premiums, it ensures that everyone can
become a claimant when or if he/she needs to. Along the way this inevitably becomes related to other concepts such
as the justice system and the welfare state. This is a large, complicated topic that engenders tremendous debate,
which can be further studied in the following articles (and others):
o National Insurance
o Social safety net
o Social security
o Social Security debate (United States)
o Social Security (United States)
o Social welfare provision
Stop-loss insurance provides protection against catastrophic or unpredictable losses. It is purchased by organizations
who do not want to assume 100% of the liability for losses arising from the plans. Under a stop-loss policy, the
insurance company becomes liable for losses that exceed certain limits called deductibles.
Closed community self-insurance
Some communities prefer to create virtual insurance amongst themselves by other means than contractual risk transfer,
which assigns explicit numerical values to risk. A number of religious groups, including the Amish and some Muslim
groups, depend on support provided by their communities when disasters strike. The risk presented by any given
person is assumed collectively by the community who all bear the cost of rebuilding lost property and supporting
people whose needs are suddenly greater after a loss of some kind. In supportive communities where others can be
trusted to follow community leaders, this tacit form of insurance can work. In this manner the community can even
out the extreme differences in insurability that exist among its members. Some further justification is also provided
by invoking the moral hazard of explicit insurance contracts.
In the United Kingdom, The Crown (which, for practical purposes, meant the Civil service) did not insure property
such as government buildings. If a government building was damaged, the cost of repair would be met from public
funds because, in the long run, this was cheaper than paying insurance premiums. Since many UK government buildings
have been sold to property companies, and rented back, this arrangement is now less common and may have disappeared
altogether.
Insurance companies
Insurance companies may be classified into two groups:
Life insurance companies, which sell life insurance, annuities and pensions products.
Non-life, General, or Property/Casualty insurance companies, which sell other types of insurance.
General insurance companies can be further divided into these sub categories.
Standard Lines
Excess Lines
In most countries, life and non-life insurers are subject to different regulatory regimes and different tax and
accounting rules. The main reason for the distinction between the two types of company is that life, annuity, and
pension business is very long-term in nature — coverage for life assurance or a pension can cover risks over many
decades. By contrast, non-life insurance cover usually covers a shorter period, such as one year.
In the United States, standard line insurance companies are "mainstream" insurers. These are the companies
that typically insure autos, homes or businesses. They use pattern or "cookie-cutter" policies without
variation from one person to the next. They usually have lower premiums than excess lines and can sell directly
to individuals. They are regulated by state laws that can restrict the amount they can charge for insurance policies.
Excess line insurance companies (aka Excess and Surplus) typically insure risks not covered by the standard lines
market. They are broadly referred as being all insurance placed with non-admitted insurers. Non-admitted insurers
are not licensed in the states where the risks are located. These companies have more flexibility and can react
faster than standard insurance companies because they are not required to file rates and forms as the "admitted"
carriers do. However, they still have substantial regulatory requirements placed upon them. State laws generally
require insurance placed with surplus line agents and brokers not to be available through standard licensed insurers.
Insurance companies are generally classified as either mutual or stock companies. Mutual companies are owned by
the policyholders, while stockholders (who may or may not own policies) own stock insurance companies. Demutualization
of mutual insurers to form stock companies, as well as the formation of a hybrid known as a mutual holding company,
became common in some countries, such as the United States, in the late 20th century. Other possible forms for
an insurance company include reciprocals, in which policyholders 'reciprocate' in sharing risks, and Lloyds organizations.
Insurance companies are rated by various agencies such as A. M. Best. The ratings include the company's financial
strength, which measures its ability to pay claims. It also rates financial instruments issued by the insurance
company, such as bonds, notes, and securitization products.
Reinsurance companies are insurance companies that sell policies to other insurance companies, allowing them to
reduce their risks and protect themselves from very large losses. The reinsurance market is dominated by a few
very large companies, with huge reserves. A reinsurer may also be a direct writer of insurance risks as well.
Captive insurance companies may be defined as limited-purpose insurance companies established with the specific
objective of financing risks emanating from their parent group or groups. This definition can sometimes be extended
to include some of the risks of the parent company's customers. In short, it is an in-house self-insurance vehicle.
Captives may take the form of a "pure" entity (which is a 100% subsidiary of the self-insured parent
company); of a "mutual" captive (which insures the collective risks of members of an industry); and of
an "association" captive (which self-insures individual risks of the members of a professional, commercial
or industrial association). Captives represent commercial, economic and tax advantages to their sponsors because
of the reductions in costs they help create and for the ease of insurance risk management and the flexibility for
cash flows they generate. Additionally, they may provide coverage of risks which is neither available nor offered
in the traditional insurance market at reasonable prices.
The types of risk that a captive can underwrite for their parents include property damage, public and product liability,
professional indemnity, employee benefits, employers' liability, motor and medical aid expenses. The captive's
exposure to such risks may be limited by the use of reinsurance.
Captives are becoming an increasingly important component of the risk management and risk financing strategy of
their parent. This can be understood against the following background:
heavy and increasing premium costs in almost every line of coverage;
difficulties in insuring certain types of fortuitous risk;
differential coverage standards in various parts of the world;
rating structures which reflect market trends rather than individual loss experience;
insufficient credit for deductibles and/or loss control efforts.
There are also companies known as 'insurance consultants'. Like a mortgage broker, these companies are paid a fee
by the customer to shop around for the best insurance policy amongst many companies. Similar to an insurance consultant,
an 'insurance broker' also shops around for the best insurance policy amongst many companies. However, with insurance
brokers, the fee is usually paid in the form of commission from the insurer that is selected rather than directly
from the client.
Neither insurance consultants nor insurance brokers are insurance companies and no risks are transferred to them
in insurance transactions. Third party administrators are companies that perform underwriting and sometimes claims
handling services for insurance companies. These companies often have special expertise that the insurance companies
do not have.
The financial stability and strength of an insurance company should be a major consideration when buying an insurance
contract. An insurance premium paid currently provides coverage for losses that might arise many years in the future.
For that reason, the viability of the insurance carrier is very important. In recent years, a number of insurance
companies have become insolvent, leaving their policyholders with no coverage (or coverage only from a government-backed
insurance pool or other arrangement with less attractive payouts for losses). A number of independent rating agencies
provide information and rate the financial viability of insurance companies.
Global insurance industry
Life insurance premia written in 2005
Non-life insurance premia written in 2005
Global insurance premiums grew by 3.4% in 2008 to reach $4.3 trillion. For the first time in the past three decades,
premium income declined in inflation-adjusted terms, with non-life premiums falling by 0.8% and life premiums falling
by 3.5%. The insurance industry is exposed to the global economic downturn on the assets side by the decline in
returns on investments and on the liabilities side by a rise in claims. So far the extent of losses on both sides
has been limited although investment returns fell sharply following the bankruptcy of Lehman Brothers and bailout
of AIG in September 2008. The financial crisis has shown that the insurance sector is sufficiently capitalised.
The vast majority of insurance companies had enough capital to absorb losses and only a small number turned to
government for support.
Advanced economies account for the bulk of global insurance. With premium income of $1,753bn, Europe was the most
important region in 2008, followed by North America $1,346bn and Asia $933bn. The top four countries generated
more than a half of premiums. The US and Japan alone accounted for 40% of world insurance, much higher than their
7% share of the global population. Emerging markets accounted for over 85% of the world’s population but generated
only around 10% of premiums. Their markets are however growing at a quicker pace.
Controversies
Religious concerns
Muslim scholars have varying opinions about insurance. Insurance policies that earn interest are generally considered
to be a form of riba(usury) and some consider even policies that do not earn interest to be a form of gharar (speculation).
Some argue that gharar is not present due to the actuarial science behind the underwriting.
Jewish rabbinical scholars also have expressed reservations regarding insurance as an avoidance of God's will but
most find it acceptable in moderation.
Some Christians believe insurance represents a lack of faith and there is a long history of resistance to commercial
insurance in Anabaptist communities (Mennonites, Amish, Hutterites, Brethren in Christ) but many participate in
community-based self-insurance programs that spread risk within their communities.
Insurance insulates too much
By creating a "security blanket" for its insureds, an insurance company may inadvertently find that its
insureds may not be as risk-averse as they might otherwise be (since, by definition, the insured has transferred
the risk to the insurer), a concept known as moral hazard. To reduce their own financial exposure, insurance companies
have contractual clauses that mitigate their obligation to provide coverage if the insured engages in behavior
that grossly magnifies their risk of loss or liability.
For example, life insurance companies may require higher premiums or deny coverage altogether to people who work
in hazardous occupations or engage in dangerous sports. Liability insurance providers do not provide coverage for
liability arising from intentional torts committed by or at the direction of the insured. Even if a provider were
so irrational as to want to provide such coverage, it is against the public policy of most countries to allow such
insurance to exist, and thus it is usually illegal.
Complexity of insurance policy contracts
Insurance policies can be complex and some policyholders may not understand all the fees and coverages included
in a policy. As a result, people may buy policies on unfavorable terms. In response to these issues, many countries
have enacted detailed statutory and regulatory regimes governing every aspect of the insurance business, including
minimum standards for policies and the ways in which they may be advertised and sold.
For example, most insurance policies in the English language today have been carefully drafted in plain English;
the industry learned the hard way that many courts will not enforce policies against insureds when the judges themselves
cannot understand what the policies are saying.
Many institutional insurance purchasers buy insurance through an insurance broker. While on the surface it appears
the broker represents the buyer (not the insurance company), and typically counsels the buyer on appropriate coverage
and policy limitations, it should be noted that in the vast majority of cases a broker's compensation comes in
the form of a commission as a percentage of the insurance premium, creating a conflict of interest in that the
broker's financial interest is tilted towards encouraging an insured to purchase more insurance than might be necessary
at a higher price. A broker generally holds contracts with many insurers, thereby allowing the broker to "shop"
the market for the best rates and coverage possible.
Insurance may also be purchased through an agent. Unlike a broker, who represents the policyholder, an agent represents
the insurance company from whom the policyholder buys. An agent can represent more than one company.
An independent insurance consultant advises insureds on a fee-for-service retainer, similar to an attorney, and
thus offers completely independent advice, free of the financial conflict of interest of brokers and/or agents.
However, such a consultant must still work through brokers and/or agents in order to secure coverage for their
clients.
Redlining
Redlining is the practice of denying insurance coverage in specific geographic areas, supposedly because of a high
likelihood of loss, while the alleged motivation is unlawful discrimination. Racial profiling or redlining has
a long history in the property insurance industry in the United States. From a review of industry underwriting
and marketing materials, court documents, and research by government agencies, industry and community groups, and
academics, it is clear that race has long affected and continues to affect the policies and practices of the insurance
industry.
In July, 2007, The Federal Trade Commission released a report presenting the results of a study concerning credit-based
insurance scores and automobile insurance. The study found that these scores are effective predictors of the claims
that consumers will file.
All states have provisions in their rate regulation laws or in their fair trade practice acts that prohibit unfair
discrimination, often called redlining, in setting rates and making insurance available.
In determining premiums and premium rate structures, insurers consider quantifiable factors, including location,
credit scores, gender, occupation, marital status, and education level. However, the use of such factors is often
considered to be unfair or unlawfully discriminatory, and the reaction against this practice has in some instances
led to political disputes about the ways in which insurers determine premiums and regulatory intervention to limit
the factors used.
An insurance underwriter's job is to evaluate a given risk as to the likelihood that a loss will occur. Any factor
that causes a greater likelihood of loss should theoretically be charged a higher rate. This basic principle of
insurance must be followed if insurance companies are to remain solvent. Thus, "discrimination" against
(i.e., negative differential treatment of) potential insureds in the risk evaluation and premium-setting process
is a necessary by-product of the fundamentals of insurance underwriting. For instance, insurers charge older people
significantly higher premiums than they charge younger people for term life insurance. Older people are thus treated
differently than younger people (i.e., a distinction is made, discrimination occurs). The rationale for the differential
treatment goes to the heart of the risk a life insurer takes: Old people are likely to die sooner than young people,
so the risk of loss (the insured's death) is greater in any given period of time and therefore the risk premium
must be higher to cover the greater risk. However, treating insureds differently when there is no actuarially sound
reason for doing so is unlawful discrimination.
What is often missing from the debate is that prohibiting the use of legitimate, actuarially sound factors means
that an insufficient amount is being charged for a given risk, and there is thus a deficit in the system. The failure
to address the deficit may mean insolvency and hardship for all of a company's insureds. The options for addressing
the deficit seem to be the following: Charge the deficit to the other policyholders or charge it to the government
(i.e., externalize outside of the company to society at large).
Insurance patents
Further information: Insurance patent
New assurance products can now be protected from copying with a business method patent in the United States.
A recent example of a new insurance product that is patented is Usage Based auto insurance. Early versions were
independently invented and patented by a major U.S. auto insurance company, Progressive Auto Insurance (U.S. Patent
5,797,134) and a Spanish independent inventor, Salvador Minguijon Perez (EP patent 0700009).
Many independent inventors are in favor of patenting new insurance products since it gives them protection from
big companies when they bring their new insurance products to market. Independent inventors account for 70% of
the new U.S. patent applications in this area.
Many insurance executives are opposed to patenting insurance products because it creates a new risk for them. The
Hartford insurance company, for example, recently had to pay $80 million to an independent inventor, Bancorp Services,
in order to settle a patent infringement and theft of trade secret lawsuit for a type of corporate owned life insurance
product invented and patented by Bancorp.
There are currently about 150 new patent applications on insurance inventions filed per year in the United States.
The rate at which patents have issued has steadily risen from 15 in 2002 to 44 in 2006.
Inventors can now have their insurance U.S. patent applications reviewed by the public in the Peer to Patent program.
The first insurance patent application to be posted was US2009005522 “Risk assessment company”. It was posted on
March 6, 2009. This patent application describes a method for increasing the ease of changing insurance companies.
The insurance industry and rent seeking
Certain insurance products and practices have been described as rent seeking by critics. That is, some insurance
products or practices are useful primarily because of legal benefits, such as reducing taxes, as opposed to providing
protection against risks of adverse events. Under United States tax law, for example, most owners of variable annuities
and variable life insurance can invest their premium payments in the stock market and defer or eliminate paying
any taxes on their investments until withdrawals are made. Sometimes this tax deferral is the only reason people
use these products. Another example is the legal infrastructure which allows life insurance to be held in an irrevocable
trust which is used to pay an estate tax while the proceeds themselves are immune from the estate tax.
Glossary
'Combined ratio' = loss ratio + expense ratio + commission ratio. Loss ratio is calculated by dividing the
amount of losses (sometimes including loss adjustment expenses) by the amount of earned premium. Expense ratio
is calculated by dividing the amount of operational expenses by the amount of written premium. A lower number indicates
a better return on the amount of capital placed at risk by an insurer.
'SSA' = subscriber savings account.
'AIF' = attorney in fact.
'Premium" = payment to an insurance company for a service. This word is a marketing term to replace "price".
To tax (from the Latin taxo; "I estimate", which in turn is from tango-; "I touch") is to impose
a financial charge or other levy upon a taxpayer (an individual or legal entity) by a state or the functional equivalent
of a state such that failure to pay is punishable by law.
Taxes are also imposed by many subnational entities. Taxes consist of direct tax or indirect tax, and may be paid
in money or as its labour equivalent (often but not always unpaid). A tax may be defined as a "pecuniary burden
laid upon individuals or property to support the government […] a payment exacted by legislative authority."
A tax "is not a voluntary payment or donation, but an enforced contribution, exacted pursuant to legislative
authority" and is "any contribution imposed by government […] whether under the name of toll, tribute,
tallage, gabel, impost, duty, custom, excise, subsidy, aid, supply, or other name."
In modern taxation systems, taxes are levied in money, but in-kind and corvée taxation are characteristic
of traditional or pre-capitalist states and their functional equivalents. The method of taxation and the government
expenditure of taxes raised is often highly debated in politics and economics. Tax collection is performed by a
government agency such as Canada Revenue Agency, the Internal Revenue Service (IRS) in the United States, or Her
Majesty's Revenue and Customs (HMRC) in the UK. When taxes are not fully paid, civil penalties (such as fines or
forfeiture) or criminal penalties (such as incarceration) may be imposed on the non-paying entity or individual.
Contents
1 Purposes and effects
o 1.1 The Four "R"s
o 1.2 Proportional, progressive, and regressive
o 1.3 Direct and indirect
o 1.4 Tax burden
2 History
o 2.1 Taxation levels
o 2.2 Forms of taxation
3 Tax rates
4 Economics of taxation
o 4.1 Deadweight costs of taxation
o 4.2 Double dividend taxes
o 4.3 Transparency and simplicity
o 4.4 Tax incidence
o 4.5 Costs of compliance
o 4.6 Ad valorem
o 4.7 Capital gains tax
o 4.8 Consumption tax
o 4.9 Corporation tax
o 4.10 Environment Affecting Tax
o 4.11 Excises
o 4.12 Expatriation Tax
o 4.13 Income tax
o 4.14 Inflation tax
o 4.15 Inheritance tax
o 4.16 Poll tax
o 4.17 Property tax
o 4.18 Retirement tax
o 4.19 Sales tax
o 4.20 Tariffs
o 4.21 Toll
o 4.22 Transfer tax
o 4.23 Value Added Tax / Goods and Services Tax
o 4.24 Wealth (net worth) tax
5 Ethics of taxation
o 5.1 Ethical basis of taxation
o 5.2 Optimal taxation theory
o 5.3 Views opposed to taxation
o 5.4 Effects of Income Taxation on Division of Labor
6 See also
o 6.1 By country or region
7 Notes
8 External links
Purposes and effects
Funds provided by taxation have been used by states and their functional equivalents throughout history to carry
out many functions. Some of these include expenditures on war, the enforcement of law and public order, protection
of property, economic infrastructure (roads, legal tender, enforcement of contracts, etc.), public works, social
engineering, and the operation of government itself. Governments also use taxes to fund welfare and public services.
These services can include education systems, health care systems, pensions for the elderly, unemployment benefits,
and public transportation. Energy, water and waste management systems are also common public utilities. Colonial
and modernizing states have also used cash taxes to draw or force reluctant subsistence producers into cash economies.
Governments use different kinds of taxes and vary the tax rates. This is done to distribute the tax burden among
individuals or classes of the population involved in taxable activities, such as business, or to redistribute resources
between individuals or classes in the population. Historically, the nobility were supported by taxes on the poor;
modern social security systems are intended to support the poor, the disabled, or the retired by taxes on those
who are still working. In addition, taxes are applied to fund foreign and military aid, to influence the macroeconomic
performance of the economy (the government's strategy for doing this is called its fiscal policy - see also tax
exemption), or to modify patterns of consumption or employment within an economy, by making some classes of transaction
more or less attractive.
A nation's tax system is often a reflection of its communal values or the values of those in power. To create a
system of taxation, a nation must make choices regarding the distribution of the tax burden—who will pay taxes
and how much they will pay—and how the taxes collected will be spent. In democratic nations where the public elects
those in charge of establishing the tax system, these choices reflect the type of community that the public wishes
to create. In countries where the public does not have a significant amount of influence over the system of taxation,
that system may be more of a reflection on the values of those in power.
The resource collected from the public through taxation is always greater than the amount which can be used by
the government. The difference is called compliance cost, and includes for example the labour cost and other expenses
incurred in complying with tax laws and rules. The collection of a tax in order to spend it on a specified purpose,
for example collecting a tax on alcohol to pay directly for alcoholism rehabilitation centres, is called hypothecation.
This practice is often disliked by finance ministers, since it reduces their freedom of action. Some economic theorists
consider the concept to be intellectually dishonest since (in reality) money is fungible. Furthermore, it often
happens that taxes or excises initially levied to fund some specific government programs are then later diverted
to the government general fund. In some cases, such taxes are collected in fundamentally inefficient ways, for
example highway tolls.
Some economists, especially neo-classical economists, argue that all taxation creates market distortion and results
in economic inefficiency. They have therefore sought to identify the kind of tax system that would minimize this
distortion. Also, one of every government's most fundamental duties is to administer possession and use of land
in the geographic area over which it is sovereign, and it is considered economically efficient for government to
recover for public purposes the additional value it creates by providing this unique service.
Since governments also resolve commercial disputes, especially in countries with common law, similar arguments
are sometimes used to justify a sales tax or value added tax. Others (e.g. libertarians) argue that most or all
forms of taxes are immoral due to their involuntary (and therefore eventually coercive/violent) nature. The most
extreme anti-tax view is anarcho-capitalism, in which the provision of all social services should be voluntarily
bought by the person(s) using them.
The Four "R"s
Taxation has four main purposes or effects: Revenue, Redistribution, Repricing, and Representation.
The main purpose is revenue: taxes raise money to spend on roads, schools and hospitals, and on more indirect government
functions like market regulation or legal systems. This is the most widely known function.
A second is redistribution. Normally, this means transferring wealth from the richer sections of society to poorer
sections.
A third purpose of taxation is repricing. Taxes are levied to address externalities: tobacco is taxed, for example,
to discourage smoking, and many people advocate policies such as implementing a carbon tax.<citation not related
to point?>
A fourth, consequential effect of taxation in its historical setting has been representation. The American revolutionary
slogan "no taxation without representation" implied this: rulers tax citizens, and citizens demand accountability
from their rulers as the other part of this bargain. Several studies have shown that direct taxation (such as income
taxes) generates the greatest degree of accountability and better governance, while indirect taxation tends to
have smaller effects.
Proportional, progressive, and regressive
Main articles: Proportional tax, Progressive tax, and Regressive tax
An important feature of tax systems is the percentage of the tax burden as it relates to income or consumption.
The terms progressive, regressive, and proportional are used to describe the way the rate progresses from low to
high, from high to low, or proportionally. The terms describe a distribution effect, which can be applied to any
type of tax system (income or consumption) that meets the definition. A progressive tax is a tax imposed so that
the effective tax rate increases as the amount to which the rate is applied increases. The opposite of a progressive
tax is a regressive tax, where the effective tax rate decreases as the amount to which the rate is applied increases.
In between is a proportional tax, where the effective tax rate is fixed, while the amount to which the rate is
applied increases. The terms can also be used to apply meaning to the taxation of select consumption, such as a
tax on luxury goods and the exemption of basic necessities may be described as having progressive effects as it
increases a tax burden on high end consumption and decreases a tax burden on low end consumption.
Direct and indirect
Main articles: Direct tax and Indirect tax
Taxes are sometimes referred to as direct tax or indirect tax. The meaning of these terms can vary in different
contexts, which can sometimes lead to confusion. In economics, direct taxes refer to those taxes that are collected
from the people or organizations on whom they are ostensibly imposed. For example, income taxes are collected from
the person who earns the income. By contrast, indirect taxes are collected from someone other than the person ostensibly
responsible for paying the taxes. In law, the terms may have different meanings. In U.S. constitutional law, for
instance, direct taxes refer to poll taxes and property taxes, which are based on simple existence or ownership.
Indirect taxes are imposed on rights, privileges, and activities. Thus, a tax on the sale of property would be
considered an indirect tax, whereas the tax on simply owning the property itself would be a direct tax. The distinction
can be subtle between direct and indirect taxation, but can be important under the law.
Tax burden
Main article: Tax incidence
Diagram illustrating taxes effect
Law establishes from whom a tax is collected. In many countries, taxes are imposed on business (such as corporate
taxes or portions of payroll taxes). However, who ultimately pays the tax (the tax "burden") is determined
by the marketplace as taxes become embedded into production costs. Depending on how quantities supplied and demanded
vary with price (the "elasticities" of supply and demand), a tax can be absorbed by the seller (in the
form of lower pre-tax prices), or by the buyer (in the form of higher post-tax prices). If the elasticity of supply
is low, more of the tax will be paid by the supplier. If the elasticity of demand is low, more will be paid by
the customer. And contrariwise for the cases where those elasticities are high. If the seller is a competitive
firm, the tax burden flows back to the factors of production depending on the elasticities thereof; this includes
workers (in the form of lower wages), capital investors (in the form of loss to shareholders), landowners (in the
form of lower rents) and entrepreneurs (in the form of lower wages of superintendence).
To illustrate this relationship, suppose the market price of a product is US$1.00, and that a $0.50 tax is imposed
on the product that, by law, is to be collected from the seller. If the product is a luxury (in the economic sense
of the term), a greater portion of the tax will be absorbed by the seller. This is because a luxury good has elastic
demand which would cause a large decline in quantity demanded for a small increase in price. Therefore in order
to stabilise sales, the seller absorbs more of the additional tax burden. For example, the seller might drop the
price of the product to $0.70 so that, after adding in the tax, the buyer pays a total of $1.20, or $0.20 more
than he did before the $0.50 tax was imposed. In this example, the buyer has paid $0.20 of the $0.50 tax (in the
form of a post-tax price) and the seller has paid the remaining $0.30 (in the form of a lower pre-tax price).
History
Taxation levels
Egyptian peasants seized for non-payment of taxes. (Pyramid Age)
The first known system of taxation was in Ancient Egypt around 3000 BC - 2800 BC in the first dynasty of the Old
Kingdom. Records from the time document that the pharaoh would conduct a biennial tour of the kingdom, collecting
tax revenues from the people. Other records are granary receipts on limestone flakes and papyrus.[12] Early taxation
is also described in the Bible. In Genesis (chapter 47, verse 24 - the New International Version), it states "But
when the crop comes in, give a fifth of it to Pharaoh. The other four-fifths you may keep as seed for the fields
and as food for yourselves and your households and your children." Joseph was telling the people of Egypt
how to divide their crop, providing a portion to the Pharaoh. A share (20%) of the crop was the tax.
In India, Islamic rulers imposed jizya starting in the 11th century. It was abolished by Akbar.
Quite a few records of government tax collection in Europe since at least the 17th century are still available
today. But taxation levels are hard to compare to the size and flow of the economy since production numbers are
not as readily available. Government expenditures and revenue in France during the 17th century went from about
24.30 million livres in 1600-10 to about 126.86 million livres in 1650-59 to about 117.99 million livres in 1700-10
when government debt had reached 1.6 billion livres. In 1780-89 it reached 421.50 million livres. Taxation as a
percentage of production of final goods may have reached 15% - 20% during the 17th century in places like France,
the Netherlands, and Scandinavia. During the war-filled years of the eighteenth and early nineteenth century, tax
rates in Europe increased dramatically as war became more expensive and governments became more centralized and
adept at gathering taxes. This increase was greatest in England, Peter Mathias and Patrick O'Brien found that the
tax burden increased by 85% over this period. Another study confirmed this number, finding that per capita tax
revenues had grown almost sixfold over the eighteenth century, but that steady economic growth had made the real
burden on each individual only double over this period before the industrial revolution. Average tax rates were
higher in Britain than France the years before the French Revolution, twice in per capita income comparison, but
they were mostly placed on international trade. In France, taxes were lower but the burden was mainly on landowners,
individuals, and internal trade and thus created far more resentment.
Taxation as a percentage of GDP in 2003 was 56.1% in Denmark, 54.5% in France, 49.0% in the Euro area, 42.6% in
the United Kingdom, 35.7% in the United States, 35.2% in The Republic of Ireland, and among all OECD members an
average of 40.7%.
Forms of taxation
In monetary economies prior to fiat banking, a critical form of taxation was seigniorage, the tax on the creation
of money.
Other obsolete forms of taxation include:
Scutage - paid in lieu of military service; strictly speaking a commutation of a non-tax obligation rather
than a tax as such, but functioning as a tax in practice
Tallage - a tax on feudal dependents
Tithe - a tax-like payment (one tenth of one's earnings or agricultural produce), paid to the Church (and
thus too specific to be a tax in strict technical terms). This should not be confused with the modern practice
of the same name which is normally voluntary.
Aids - During feudal times a feudal aid was a type of tax or due paid by a vassal to his lord.
Danegeld - medieval land tax originally raised to pay off raiding Danes and later used to fund military expenditures.
Carucage - tax which replaced the danegeld in England.
Tax Farming - the principle of assigning the responsibility for tax revenue collection to private citizens
or groups.
Some principalities taxed windows, doors, or cabinets to reduce consumption of imported glass and hardware. Armoires,
hutches, and wardrobes were employed to evade taxes on doors and cabinets. In extraordinary circumstances, taxes
are also used to enforce public policy like congestion charge (to cut road traffic and encourage public transport)
in London. In Tsarist Russia, taxes were clamped on beards. Today, one of the most complicated taxation-systems
worldwide is in Germany. Three quarters of the world's taxation-literature refers to the German system. There are
118 laws, 185 forms, and 96,000 regulations, spending €3.7 billion to collect the income tax. Today, governments
of advanced economies of EU, North America, and others rely more on direct taxes, while those of developing economies
of India, Africa, and others rely more on indirect taxes.
Tax rates
Main article: Tax rate
Taxes are most often levied as a percentage, called the tax rate. An important distinction when talking about tax
rates is to distinguish between the marginal rate and the effective (average) rate. The effective rate is the total
tax paid divided by the total amount the tax is paid on, while the marginal rate is the rate paid on the next dollar
of income earned. For example, if income is taxed on a formula of 5% from $0 up to $50,000, 10% from $50,000 to
$100,000, and 15% over $100,000, a taxpayer with income of $175,000 would pay a total of $18,750 in taxes.
Tax calculation
(0.0550,000) + (0.1050,000) + (0.1575,000) = 18,750
The "effective rate" would be 10.7%:
18,750/175,000 = 0.107
The "marginal rate" would be 15%.
Economics of taxation
In economic terms, taxation transfers wealth from households or businesses to the government of a nation. The side-effects
of taxation and theories about how best to tax are an important subject in microeconomics. Taxation is almost never
a simple transfer of wealth. Economic theories of taxation approach the question of how to minimize the loss of
economic welfare through taxation and also discuss how a nation can perform redistribution of wealth in the most
efficient manner.
Deadweight costs of taxation
For goods supplied in a perfectly competitive market, tax reduces economic efficiency, by introducing a deadweight
loss. In a perfect market, the price of a particular economic good adjusts to make sure that all trades which benefit
both the buyer and the seller of a good occur. After introducing a tax, the price received by the seller is less
than the cost to the buyer. This means that fewer trades occur and that the individuals or businesses involved
gain less from participating in the market. This destroys value, and is known as the 'deadweight cost of taxation'.
The deadweight cost is dependent on the elasticity of supply and demand for a good.
Most taxes—including income tax and sales tax—can have significant deadweight costs. The only way to completely
avoid deadweight costs in an economy which is generally competitive is to find taxes which do not change economic
incentives, such as the land value tax, where the tax is on a good in completely inelastic supply, a lump sum tax
such as a poll tax which is paid by all adults regardless of their choices, or a windfall profits tax which is
entirely unanticipated and so cannot affect decisions.
Double dividend taxes
In some cases where the economy is not perfectly competitive, the existence of a tax can increase economic efficiency.
If there is a negative externality associated with a good, meaning that it has negative effects not felt by the
consumer, then the free market will trade too much of that good. By putting a tax on the good, the government can
increase overall welfare as well as raising revenue in taxation. This is known as a 'double dividend'.
There are a wide range of goods where there is, or is claimed to be, a negative externality. Polluting fuels (like
petrol), goods which incur public healthcare costs (such as alcohol or tobacco), and charges for existing 'free'
public goods (like congestion charging) all offer the possibility of a double dividend. This type of tax is a Pigovian
tax, sometimes colloquially known as a 'sin tax'. It is worthwhile noting that taxation is not necessarily the
only, or the best, method of dealing with negative externalities.
Transparency and simplicity
Another concern is that the complicated tax codes of developed economies offer perverse economic incentives. The
more details of tax policy there are, the more opportunities for legal tax avoidance and illegal tax evasion; these
not only result in lost revenue, but involve additional deadweight costs: for instance, payments made for tax advice
are essentially deadweight costs because they add no wealth to the economy. Perverse incentives also occur because
of non-taxable 'hidden' transactions; for instance, a sale from one company to another might be liable for sales
tax, but if the same goods were shipped from one branch of a corporation to another, no tax would be payable.
To address these issues, economists often suggest simple and transparent tax structures which avoid providing loopholes.
Sales tax, for instance, can be replaced with a value added tax which disregards intermediate transactions.
Tax incidence
Main article: Tax incidence
Economic theory suggests that the economic effect of tax does not necessarily fall at the point where it is legally
levied. For instance, a tax on employment paid by employers will impact on the employee, at least in the long run.
The greatest share of the tax burden tends to fall on the most inelastic factor involved - the part of the transaction
which is affected least by a change in price. So, for instance, a tax on wages in a town will (at least in the
long run) affect property-owners in that area.
See also: Effect of taxes and subsidies on price
Costs of compliance
Although governments must spend money on tax collection activities, some of the costs, particularly for keeping
records and filling out forms, are borne by businesses and by private individuals. These are collectively called
costs of compliance. More complex tax systems tend to have higher costs of compliance. This fact can be used as
the basis for practical or moral arguments in favor of tax simplification (see, for example, FairTax), or tax elimination
(in addition to moral arguments described above).
== Kinds of The Organisation for Economic Co-operation and Development (OECD) publishes perhaps the most comprehensive
analysis of worldwide tax systems. In order to do this it has created a comprehensive categorisation of all taxes
in all regimes which it covers:
Ad valorem
Main article: Ad valorem
An ad valorem tax is one where the tax base is the value of a good, service, or property. Sales taxes, tariffs,
property taxes, inheritance taxes, and value added taxes are different types of ad valorem tax. An ad valorem tax
is typically imposed at the time of a transaction (sales tax or value added tax (VAT)) but it may be imposed on
an annual basis (property tax) or in connection with another significant event (inheritance tax or tariffs). An
alternative to ad valorem taxation is an excise tax, where the tax base is the quantity of something, regardless
of its price. For example, in the United Kingdom, a tax is collected on the sale of alcoholic drinks that is calculated
by volume and beverage type, rather than the price of the drink.
Capital gains tax
Main article: Capital gains tax
A capital gains tax is the tax levied on the profit released upon the sale of a capital asset. In many cases, the
amount of a capital gain is treated as income and subject to the marginal rate of income tax. However, in an inflationary
environment, capital gains may be to some extent illusory: if prices in general have doubled in five years, then
selling an asset for twice the price it was purchased for five years earlier represents no gain at all. Partly
to compensate for such changes in the value of money over time, some jurisdictions, such as the United States,
give a favorable capital gains tax rate based on the length of holding. European jurisdictions have a similar rate
reduction to nil on certain property transactions that qualify for the participation exemption. In Canada, 50%
of the gain is taxable income. In India, Short Term Capital Gains Tax (arising before 1 year) is 10% flat rate
of the gains and Long Term Capital Gains Tax is nil for stocks & mutual fund units held 1 year or more and
20% for any other assets held 3 years or more. If such a tax is levied on inherited property, it can act as a de
facto probate or inheritance tax.
Consumption tax
Main article: Consumption tax
A consumption tax is a tax on non-investment spending, and can be implemented by means of a sales tax or by modifying
an income tax to allow for unlimited deductions for investment or savings.
Corporation tax
Main article: Corporate tax
Corporate tax refers to a direct tax levied by various jurisdictions on the profits made by companies or associations
and often includes capital gains of a company. Earnings are generally considered gross revenue less expenses. Corporate
expenses that relate to capital expenditures are usually deducted in full (for example, trucks are fully deductible
in the Canadian tax system, while a corporate sports car is only partly deductible). They are often deducted over
the useful life of the asset purchase. Notably, accounting rules about deductible expenses and tax rules about
deductible expense will differ at times, giving rise to book-tax differences. If the book-tax difference is carried
over more than a year, it is referred to as a temporary difference, which then creates deferred tax assets and
liabilities for the corporation, which are carried on the balance sheet.
See also: Excess profits tax, Windfall profits tax
Environment Affecting Tax
This includes natural resources consumption tax, GreenHouse gas tax (Carbon tax), "sulfuric tax", and
others. The stated purpose is to reduce the environmental impact by repricing.
See also: Ecotax, Gas Guzzler Tax, and Polluter pays principle
Excises
Main article: Excise
Unlike an ad valorem, an excise is not a function of the value of the product being taxed. Excise taxes are based
on the quantity, not the value, of product purchased. For example, in the United States, the Federal government
imposes an excise tax of 18.4 cents per U.S. gallon (4.86¢/L) of gasoline, while state governments levy an
additional 8 to 28 cents per U.S. gallon. Excises on particular commodities are frequently hypothecated. For example,
a fuel excise (use tax) is often used to pay for public transportation, especially roads and bridges and for the
protection of the environment. A special form of hypothecation arises where an excise is used to compensate a party
to a transaction for alleged uncontrollable abuse; for example, a blank media tax is a tax on recordable media
such as CD-Rs, whose proceeds are typically allocated to copyright holders. Critics charge that such taxes blindly
tax those who make legitimate and illegitimate usages of the products; for instance, a person or corporation using
CD-R's for data archival should not have to subsidize the producers of popular music.
Excises (or exemptions from them) are also used to modify consumption patterns (social engineering). For example,
a high excise is used to discourage alcohol consumption, relative to other goods. This may be combined with hypothecation
if the proceeds are then used to pay for the costs of treating illness caused by alcohol abuse. Similar taxes may
exist on tobacco, pornography, etc., and they may be collectively referred to as "sin taxes". A carbon
tax is a tax on the consumption of carbon-based non-renewable fuels, such as petrol, diesel-fuel, jet fuels, and
natural gas. The object is to reduce the release of carbon into the atmosphere. In the United Kingdom, vehicle
excise duty is an annual tax on vehicle ownership.
Expatriation Tax
Main article: Expatriation Tax
An Expatriation Tax is a tax on some who renounce their citizenship of some governments. The most significant Expatriation
Tax is one found in the USA.
The American Jobs Creation act of 2004, passed by the Republican-controlled government, amended section 877 of
the Internal Revenue Code of the USA. Under the new law, any individual who has a net worth of $2 million or an
average income-tax liability of $127,000 who renounces his or her citizenship and leaves the country is automatically
assumed to have done so for tax avoidance reasons and is victim to severe tax laws.
This tax hinders the threat of the citizenry of emigrating en masse which is arguably one of the most important
checks on government power.
Income tax
Main article: Income Tax
An income tax is a tax levied on the financial income of persons, corporations, or other legal entities. Various
income tax systems exist, with varying degrees of tax incidence. Income taxation can be progressive, proportional,
or regressive. When the tax is levied on the income of companies, it is often called a corporate tax, corporate
income tax, or corporation tax. Individual income taxes often tax the total income of the individual (with some
deductions permitted), while corporate income taxes often tax net income (the difference between gross receipts,
expenses, and additional write-offs).
The "tax net" refers to the types of payment that are taxed, which included personal earnings (wages),
capital gains, and business income. The rates for different types of income may vary and some may not be taxed
at all. Capital gains may be taxed when realized (e.g. when shares are sold) or when incurred (e.g. when shares
appreciate in value). Business income may only be taxed if it is significant or based on the manner in which it
is paid. Some types of income, such as interest on bank savings, may be considered as personal earnings (similar
to wages) or as a realized property gain (similar to selling shares). In some tax systems, personal earnings may
be strictly defined where labor, skill, or investment is required (e.g. wages); in others, they may be defined
broadly to include windfalls (e.g. gambling wins).
Personal income tax is often collected on a pay-as-you-earn basis, with small corrections made soon after the end
of the tax year. These corrections take one of two forms: payments to the government, for taxpayers who have not
paid enough during the tax year; and tax refunds from the government for those who have overpaid. Income tax systems
will often have deductions available that lessen the total tax liability by reducing total taxable income. They
may allow losses from one type of income to be counted against another. For example, a loss on the stock market
may be deducted against taxes paid on wages. Other tax systems may isolate the loss, such that business losses
can only be deducted against business tax by carrying forward the loss to later tax years.
Inflation tax
Main article: Inflation tax
An inflation tax is the economic disadvantage suffered by holders of cash and cash equivalents in one denomination
of currency due to the effects of Expansionary monetary policy, which acts as a hidden tax that subtracts value
from those assets. Many economists hold that the inflation tax affects the lower and middle classes more than the
rich, as they hold a larger fraction of their income in cash, they are much less likely to receive the newly created
monies before the market has adjusted with inflated prices, and more often have fixed incomes, wages or pensions.
Some argue that inflation is a regressive consumption tax.
There are systemic effects of an expansionary monetary policy, which are also definitively taxing, imposing a financial
charge on some as a result of the policy. Because the effects of monetary expansion or counterfeiting are never
uniform over an entire economy, the policy influences capital transfers in the market, creating economic bubbles
where the new monies are first introduced. Economic bubbles increase market instability, and therefore increases
investment risk, creating the conditions common to a recession. This particular tax can be understood to be levied
on future generations that would have benefited from economic growth, and it has a 100% transfer cost (so long
as people are not acting against their interests, increased uncertainty benefits no-one).
Inheritance tax
Main article: Inheritance tax
Inheritance tax, estate tax, and death tax or duty are the names given to various taxes which arise on the death
of an individual. In United States tax law, there is a distinction between an estate tax and an inheritance tax:
the former taxes the personal representatives of the deceased, while the latter taxes the beneficiaries of the
estate. However, this distinction does not apply in other jurisdictions; for example, if using this terminology
UK inheritance tax would be an estate tax.
See also: Allodial, Pigovian tax, Estate tax (United States), Inheritance Tax (United Kingdom).
Poll tax
Main article: Poll tax
A poll tax, also called a per capita tax, or capitation tax, is a tax that levies a set amount per individual.
It is an example of the concept of fixed tax. One of the earliest taxes mentioned in the Bible of a half-shekel
per annum from each adult Jew (Ex. 30:11-16) was a form of poll tax. Poll taxes are administratively cheap because
they are easy to compute and collect and difficult to cheat. Economists have considered poll taxes economically
efficient because people are presumed to be in fixed supply. However, poll taxes are very unpopular because poorer
people pay a higher proportion of their income than richer people. In addition, the supply of people is in fact
not fixed over time: on average, couples will choose to have fewer children if a poll tax is imposed. The introduction
of a poll tax in medieval England was the primary cause of the 1381 Peasants' Revolt.Scotland was the first to
be used to test the new poll tax in 1989 with England and Wales in 1990. The change from a progressive local taxation
based on property values to a single-rate form of taxation regardless of ability to pay (the Community Charge,
but more popularly referred to as the Poll Tax), led to widespread refusal to pay and to incidents of civil unrest,
known colloquially as the 'Poll Tax riots'.
Property tax
Main article: Property tax
A property tax is a tax put on property by reason of its ownership. Property tax can be defined as "generally,
tax imposed by municipalities upon owners of property within their jurisdiction based on the value of such property."
There are three species of property: land, improvements to land (immovable man-made things, e.g. buildings) and
personal property (movable things). Real estate or realty is the combination of land and improvements to land.
Property taxes are usually charged on a recurrent basis (e.g., yearly). A common type of property tax is an annual
charge on the ownership of real estate, where the tax base is the estimated value of the property. For a period
of over 150 years from 1695 a window tax was levied in England, with the result that one can still see listed buildings
with windows bricked up in order to save their owners money. A similar tax on hearths existed in France and elsewhere,
with similar results. The two most common type of event driven property taxes are stamp duty, charged upon change
of ownership, and inheritance tax, which is imposed in many countries on the estates of the deceased.
In contrast with a tax on real estate (land and buildings), a land value tax is levied only on the unimproved value
of the land ("land" in this instance may mean either the economic term, i.e., all natural resources,
or the natural resources associated with specific areas of the Earth's surface: "lots" or "land
parcels"). Proponents of land value tax argue that it is economically justified, as it will not deter production,
distort market mechanisms or otherwise create deadweight losses the way other taxes do.[22]
When real estate is held by a higher government unit or some other entity not subject to taxation by the local
government, the taxing authority may receive a payment in lieu of taxes to compensate it for some or all of the
foregone tax revenue.
In many jurisdictions (including many American states), there is a general tax levied periodically on residents
who own personal property (personalty) within the jurisdiction. Vehicle and boat registration fees are subsets
of this kind of tax. The tax is often designed with blanket coverage and large exceptions for things like food
and clothing. Household goods are often exempt when kept or used within the household. Any otherwise non-exempt
object can lose its exemption if regularly kept outside the household. Thus, tax collectors often monitor newspaper
articles for stories about wealthy people who have lent art to museums for public display, because the artworks
have then become subject to personal property tax. If an artwork had to be sent to another state for some touch-ups,
it may have become subject to personal property tax in that state as well.
Retirement tax
Some countries with social security systems, which provide income to retired workers, fund those systems with specific
dedicated taxes. These often differ from comprehensive income taxes in that they are levied only on specific sources
of income, generally wages and salary (in which case they are called payroll taxes). A further difference is that
the total amount of the taxes paid by or on behalf of a worker is typically considered in the calculation of the
retirement benefits to which that worker is entitled. Examples of retirement taxes include the FICA tax, a payroll
tax that is collected from employers and employees in the United States to fund the country's Social Security system;
and the National Insurance Contributions (NICs) collected from employers and employees in the United Kingdom to
fund the country's national insurance system.
These taxes are sometimes regressive in their immediate effect. For example, in the United States, each worker,
whatever his or her income, pays at the same rate up to a specified cap, but income over the cap is not taxed.
A further regressive feature is that such taxes often exclude investment earnings and other forms of income that
are more likely to be received by the wealthy. The regressive effect is somewhat offset, however, by the eventual
benefit payments, which typically replace a higher percentage of a lower-paid worker's pre-retirement income.
Sales tax
Main article: Sales tax
Sales taxes are levied when a commodity is sold to its final consumer. Retail organizations contend that such taxes
discourage retail sales. The question of whether they are generally progressive or regressive is a subject of much
current debate. People with higher incomes spend a lower proportion of them, so a flat-rate sales tax will tend
to be regressive. It is therefore common to exempt food, utilities and other necessities from sales taxes, since
poor people spend a higher proportion of their incomes on these commodities, so such exemptions would make the
tax more progressive. This is the classic "You pay for what you spend" tax, as only those who spend money
on non-exempt (i.e. luxury) items pay the tax.
A small number of U.S. states rely entirely on sales taxes for state revenue, as those states do not levy a state
income tax. Such states tend to have a moderate to large amount of tourism or inter-state travel that occurs within
their borders, allowing the state to benefit from taxes from people the state would otherwise not tax. In this
way, the state is able to reduce the tax burden on its citizens. The U.S. states that do not levy a state income
tax are Alaska, Tennessee, Florida, Nevada, South Dakota, Texas,[24] Washington state, and Wyoming. Additionally,
New Hampshire and Tennessee levy state income taxes only on dividends and interest income. Of the above states,
only Alaska and New Hampshire do not levy a state sales tax. Additional information can be obtained at the Federation
of Tax Administrators website.
In the United States, there is a growing movementfor the replacement of all federal payroll and income taxes (both
corporate and personal) with a national retail sales tax and monthly tax rebate to households of citizens and legal
resident aliens. The tax proposal is named FairTax. In Canada, the federal sales tax is called the Goods and Services
tax (GST) and now stands at 5%. The provinces of British Columbia, Saskatchewan, Manitoba, Ontario and Prince Edward
Island also have a provincial sales tax [PST]. The provinces of Nova Scotia, New Brunswick, and Newfoundland &
Labrador have harmonized their provincial sales taxes with the GST - Harmonized Sales Tax [HST], and thus is a
full VAT. The province of Quebec collects the Quebec Sales Tax [QST] which is based on the GST with certain differences.
Most businesses can claim back the GST, HST and QST they pay, and so effectively it is the final consumer who pays
the tax.
Tariffs
Main article: Tariff
An import or export tariff (also called customs duty or impost) is a charge for the movement of goods through a
political border. Tariffs discourage trade, and they may be used by governments to protect domestic industries.
A proportion of tariff revenues is often hypothecated to pay government to maintain a navy or border police. The
classic ways of cheating a tariff are smuggling or declaring a false value of goods. Tax, tariff and trade rules
in modern times are usually set together because of their common impact on industrial policy, investment policy,
and agricultural policy. A trade bloc is a group of allied countries agreeing to minimize or eliminate tariffs
against trade with each other, and possibly to impose protective tariffs on imports from outside the bloc. A customs
union has a common external tariff, and, according to an agreed formula, the participating countries share the
revenues from tariffs on goods entering the customs union.
Toll
Main articles: Toll road, Toll bridge, and Toll tunnel
A toll is a tax[dubious – discuss] or fee charged to travel via a road, bridge, tunnel, canal, waterway or other
transportation facilities. Historically tolls have been used to pay for public bridge, road and tunnel projects.
They have also been used in privately constructed transport links. The toll is likely to be a fixed charge, possibly
graduated for vehicle type, or for distance on long routes.
Shunpiking is the practice of finding another route to avoid payment of tolls. In some situations where tolls were
increased or felt to be unreasonably high, informal shunpiking by individuals escalated into a form of boycott
by regular users, with the goal of applying the financial stress of lost toll revenue to the authority determining
the levy.
Transfer tax
Main article: Transfer tax
Historically, in many countries, a contract needed to have a stamp affixed to make it valid. The charge for the
stamp was either a fixed amount or a percentage of the value of the transaction. In most countries the stamp has
been abolished but stamp duty remains. Stamp duty is levied in the UK on the purchase of shares and securities,
the issue of bearer instruments, and certain partnership transactions. Its modern derivatives, stamp duty reserve
tax and stamp duty land tax, are respectively charged on transactions involving securities and land. Stamp duty
has the effect of discouraging speculative purchases of assets by decreasing liquidity. In the United States transfer
tax is often charged by the state or local government and (in the case of real property transfers) can be tied
to the recording of the deed or other transfer documents. Taxes on currency transactions are known as Tobin taxes.
See also: Stamp duty
Value Added Tax / Goods and Services Tax
Main article: Value added tax
A value added tax (VAT), also known as 'Goods and Services Tax' (G.S.T), Single Business Tax, or Turnover Tax in
some countries, applies the equivalent of a sales tax to every operation that creates value. To give an example,
sheet steel is imported by a machine manufacturer. That manufacturer will pay the VAT on the purchase price, remitting
that amount to the government. The manufacturer will then transform the steel into a machine, selling the machine
for a higher price to a wholesale distributor. The manufacturer will collect the VAT on the higher price, but will
remit to the government only the excess related to the "value added" (the price over the cost of the
sheet steel). The wholesale distributor will then continue the process, charging the retail distributor the VAT
on the entire price to the retailer, but remitting only the amount related to the distribution mark-up to the government.
The last VAT amount is paid by the eventual retail customer who cannot recover any of the previously paid VAT.
For a VAT and sales tax of identical rates, the total tax paid is the same, but it is paid at differing points
in the process.
VAT is usually administrated by requiring the company to complete a VAT return, giving details of VAT it has been
charged (referred to as input tax) and VAT it has charged to others (referred to as output tax). The difference
between output tax and input tax is payable to the Local Tax Authority. If input tax is greater than output tax
the company can claim back money from the Local Tax Authority. VAT was historically used to counter evasion in
a sales tax or excise. By collecting the tax at each production level, the theory is that the entire economy helps
in the enforcement. However, forged invoices and similar evasion methods have demonstrated that there are always
those who will attempt to evade taxation.
Economic theorists[who?] have argued that the collection process of VAT minimises the market distortion resulting
from the tax, compared to a sales tax. However, VAT is held by some to discourage production.
Wealth (net worth) tax
Main article: Wealth tax
Some countries' governments will require declaration of the tax payers' balance sheet (assets and liabilities),
and from that exact a tax on net worth (assets minus liabilities), as a percentage of the net worth, or a percentage
of the net worth exceeding a certain level. The tax is in place for both "natural" and in some cases
legal "persons".
Ethics of taxation
Ethical basis of taxation
According to most political philosophies, taxes are justified as they fund activities that are necessary and beneficial
to society. Additionally, progressive taxation can be used to reduce economic inequality in a society. According
to this view, taxation in modern nation-states benefit the majority of the population and social development. A
common presentation of this view, paraphrasing various statements by Oliver Wendell Holmes, Jr. is "Taxes
are the price of civilization".
It can also be argued that in a democracy, because the government is the party performing the act of imposing taxes,
society as a whole decides how the tax system should be organized. The American Revolution's "No taxation
without representation" slogan implied this view. For traditional conservatives, the payment of taxation is
justified as part of the general obligations of citizens to obey the law and support established institutions.
The conservative position is encapsulated in perhaps the most famous adage of public finance, "An old tax
is a good tax". Conservatives advocate the "fundamental conservative premise that no one should be excused
from paying for government, lest they come to believe that government is costless to them with the certain consequence
that they will demand more government 'services'." . Social democrats generally favor higher levels of taxation
to fund public provision of a wide range of services such as universal health care and education, as well as the
provision of a range of welfare benefits. As argued by Tony Crosland and others, the capacity to tax income from
capital is a central element of the social democratic case for a mixed economy as against Marxist arguments for
comprehensive public ownership of capital. Many libertarians recommend a minimal level of taxation in order to
maximize the protection of liberty.
Compulsory taxation of individuals, such as income tax, is often justified on grounds including territorial sovereignty,
and the social contract. Defenders of business taxation argue that it is an efficient method of taxing income that
ultimately flows to individuals, or that separate taxation of business is justified on the grounds that commercial
activity necessarily involves use of publicly established and maintained economic infrastructure, and that businesses
are in effect charged for this use. Georgist economists argue that all of the economic rent collected from natural
resources (land, mineral extraction, fishing quotas, etc.) is unearned income, and belong to the community rather
than any individual. They advocate a high tax (the "Single Tax") on land and other natural resources
to return this unearned income to the state, but no other taxes.
Optimal taxation theory
Main article: Optimal tax
Most governments need revenue which exceeds that which can be provided by non-distortionary taxes or through taxes
which give a double dividend. Optimal taxation theory is the branch of economics that considers how taxes can be
structured to give the least deadweight costs, or to give the best outcomes in terms of social welfare.
Ramsey problem deals with minimising deadweight costs. Because deadweight costs are related to the elasticity of
supply and demand for a good, it follows that putting the highest tax rates on the goods for which there is most
inelastic supply and demand will result in the least overall deadweight costs.
Some economists have sought to integrate optimal tax theory with the social welfare function, which is the economic
expression of the idea that equality is valuable to a greater or lesser extent. If individuals experience diminishing
returns from income, then the optimum distribution of income for society involves a progressive income tax. Mirrlees
optimal income tax is a detailed theoretical model of the optimum progressive income tax along these lines.
Over the last years the validity of the theory of optimal taxation was discussed by many political economists.
Canegrati (2007) demonstrated that if we move from the assumption that governments do not maximise the welfare
of society but the probability of winning elections, the tax rates in equilibrium are lower for the most powerful
groups of society, instead of being the lowest for the poorest as in the optimal theory of direct taxation developed
by Atkinson and Joseph Stiglitz. See Canegrati's formulae
Views opposed to taxation
Because payment of tax is compulsory and enforced by the legal system, some political philosophies view taxation
as theft (or as a violation of property rights), or tyranny, accusing the government of levying taxes via force
and coercive means. Individualist anarchists, objectivists, anarcho-capitalists, and libertarians see taxation
as government aggression (see zero aggression principle). The view that democracy legitimizes taxation is rejected
by those who argue that all forms of government, including laws chosen by democratic means, are fundamentally oppressive.
According to Ludwig von Mises, "society as a whole" should not make such decisions, due to methodological
individualism. Libertarian opponents of taxation claim that governmental protection, such as police and defense
forces might be replaced by market alternatives such as private defense agencies, arbitration agencies or voluntary
contributions. Walter E. Williams, professor of economics at George Mason University, stated "Government income
redistribution programs produce the same result as theft. In fact, that's what a thief does; he redistributes income.
The difference between government and thievery is mostly a matter of legality."
Discourse surrounding taxation generally places an emphasis on the intended benefits; healthcare, schools and so
on, but rarely points to the harm caused by forced removal of possessions.
Taxation has also been opposed by communists and socialists. Karl Marx assumed that taxation would be unnecessary
after the advent of communism and looked forward to the "withering away of the state". In socialist economies
such as that of China, taxation played a minor role, since most government income was derived from the ownership
of enterprises, and it was argued by some that taxation was not necessary While the morality of taxation is sometimes
questioned, most arguments about taxation revolve around the degree and method of taxation and associated government
spending, not taxation itself.
Effects of Income Taxation on Division of Labor
If a tax is paid on outsourced services that is not also charged on services performed for oneself, then it may
be cheaper to perform the services oneself than to pay someone else — even considering losses in economic efficiency.
For example, suppose jobs A and B are both valued at $1 on the market. And suppose that because of your unique
abilities, you can do job A twice over (100% extra output) in the same effort as it would take you to do job B.
But job B is the one that you need done right now. Under perfect division of labor, you would do job A and somebody
else would do job B. Your unique abilities would always be rewarded.
Income taxation has the worst effect on division of labor in the form of barter. Suppose that the person doing
job B is actually interested in having job A done for him. Now suppose you could amazingly do job A four times
over, selling half your work on the market for cash just to pay your tax bill. The other half of the work you do
for somebody who does job B twice over but he has to sell off half to pay his tax bill. You're left with one unit
of job B, but only if you were 400% as productive doing job A! In this case of 50% tax on barter income, anything
less than 400% productivity will cause the division of labor to fail.
In summary, depending on the situation a 50% tax rate can cause the division of labor to fail even where productivity
gains of up to 300% would have resulted. Even a mere 30% tax rate can negate the advantage of a 100% productivity
gain.
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