The Implementation of the AIFMD in Dutch Tax Law

NARCIS (Netherlands)

Vermeulen, H.; Elink Schuurman, J.H.

2014-01-01

In this article, the authors explain the amendments to Dutch tax law as a result of the recent implementation of the Alternative Investment Fund Managers Directive. Changes were made to the Dutch Corporate Income Tax Act, the Dutch Dividend Withholding Tax Act and the Dutch General Tax Act. Given

Effects on Funding Equity of the Arizona Tax Credit Law

Directory of Open Access Journals (Sweden)

Glen Y. Wilson

2000-08-01

Full Text Available This article examines the results from the first year (1998 of the Arizona Education Tax Credit program. The tax credit law allows individuals a dollar- for-dollar tax credit of $500 for donations to private schools and a dollar-for-dollar tax credit of $200 for donations to public schools. Although one justification for this statute was that it would help lower income students, the primary beneficiaries of this program tend to be the relatively well off. The author concludes that Arizona's tax credit law increases educational funding inequity in Arizona. Data for 1999, only recently made available, show a 159.1 percent increase in total contributions and an exacerbation of the trends noted here.

The nuclear fuels tax is in conformity with constitutional law

International Nuclear Information System (INIS)

Faehrmann, Ingo; Ringwald, Roman

2012-01-01

There are rulings by three courts of finance concerning the conformity of the nuclear fuels tax with German constitutional law. While the FG Hamburg and FG Munich were in some doubt, the FG Baden-Wuerttemberg was of the opinion that the nuclear fuels tax act is compatible with German constitutional law.

The association of soda sales tax and school nutrition laws: a concordance of policies.

Science.gov (United States)

Greathouse, K Leigh; Chriqui, Jamie; Moser, Richard P; Agurs-Collins, Tanya; Perna, Frank M

2014-10-01

The current research examined the association between state disfavoured tax on soda (i.e. the difference between soda sales tax and the tax on food products generally) and a summary score representing the strength of state laws governing competitive beverages (beverages that compete with the beverages in the federally funded school lunch programme) in US schools. The Classification of Laws Associated with School Students (CLASS) summary score reflected the strength of a state's laws restricting competitive beverages sold in school stores, vending machines, school fundraisers and à la carte cafeteria items. Bridging the Gap (BTG) is a nationally recognized research initiative that provided state-level soda tax data. The main study outcome was the states' competitive beverage summary scores for elementary, middle and high school grade levels, as predicted by the states' disfavoured soda tax. Univariate and multivariate analyses were conducted, adjusting for year and state. Data from BTG and CLASS were used. BTG and CLASS data from all fifty states and the District of Columbia from 2003 to 2010 were used. A higher disfavoured soda sales tax was generally associated with an increased likelihood of having strong school beverage laws across grade levels, and especially when disfavoured soda sales tax was >5 %. These data suggest a concordance between states' soda taxes and laws governing beverages sold in schools. States with high disfavoured sales tax on soda had stronger competitive beverage laws, indicating that the state sales tax environment may be associated with laws governing beverage policy in schools.

Tax Law

NARCIS (Netherlands)

Schaper, Marcel; Hage, Jaap; Waltermann, Antonia; Akkermans, Bram

2017-01-01

Taxes are compulsory, unrequited payments to government. This chapter discusses the goals of taxation and provides an introduction to the most important taxes: taxes on income, taxes on goods and services, and taxes on property. Furthermore, the chapter offers insights to procedural issues of

The Principles of Tax Law Equality in The Context of Direct Taxation

Directory of Open Access Journals (Sweden)

Magdalena Jarczok-Guzy

2017-10-01

Full Text Available Aim/purpose - The purpose of this article is a presentation of the principles of tax law equality with the aim of establishing the significance of these rules for the system of direct taxation in Poland. Only forms of taxation have been selected to conduct this analysis because they offer the most transparent and variegated picture of the real tax burden. Design/methodology/approach - The article follows the method of economic comparative analysis and offers a review of available literature on the subject. Findings - This analysis proves that the choice of different types of income taxation for natural persons conducting business activity has influence on tax burden. Research implications/limitations - The system of direct taxation in Poland has problems with equality rules because of different tax rates and tax returns which are available in Polish law. Originality/value/contribution - This article presents the problem of tax law equality in the context of economic theories developed by selected economists.

5½ Problems with Legal Positivism and Tax Law

OpenAIRE

Bogenschneider, Bret

2017-01-01

This essay is a reply to the famous paper by John Gardner: Legal Positivism: 5½ Myths and the more recent paper by John Prebble: Kelsen, the Principle of Exclusion of Contradictions, and General Anti-Avoidance Rules. The reply is developed from the perspective of tax law where the respective issues are of major significance. The “5½ problems” correspond to Gardner’s arguments and are as follows: (#1) Legal Positivism centers on determining whether a tax law is “legally valid” based on its sou...

Slovak Income Tax Legislation in Terms of EU Secondary Law Transposition

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Krajčírová Renáta

2016-12-01

Full Text Available The article deals with the integration process of implementation of European Union secondary law into the Slovak tax legislation. In particular, the article analyses whether provisions of (i EU Parent Subsidiary Directive, (ii EU Interest and Royalty Directive and (iii EU Merger Directive are implemented into the Slovak Income Tax Act. Following our research, it should be noted that in general, the Slovak tax legislation has adopted the EU secondary law, in particular, the Parent Subsidiary and Interest and Royalty Directives have been implemented. It should be noted that the profit distributions are not subject to tax in Slovakia. It follows that interest and royalty are not subject to tax and is applicable to EU associated companies. Following the Slovak implementation of EU Merger Directive, merger transactions are generally treated as not giving rise to a capital gain. As a result, according to the Slovak Income Tax Act the income received by shareholders from acquiring new shares and income from exchange of the shares on merger transaction is not subject to income tax.

Tax Incentives, Global Tax Fairness and the Development of Tax Law in Developed and Developing Countries: A Multi-Way Flow of Concepts

NARCIS (Netherlands)

Burgers, Irene; Weber, Dennis

2017-01-01

This contribution seeks answers to the following three questions: 1. What does history teach us about the international governance tools regarding tax incentives and about soft or hard law used by supranational organizations in respect of tax incentives? Is there a multi-way flow of concepts,

Abuse of law in European tax law: an overview and some recent trends in the direct and indirect tax case law of the ECJ — part 2

OpenAIRE

Weber, Dennis

2013-01-01

This paper examines the right of the EU Member States to combat abuse, as defined in the case law of the European Court, in particular, the balance between enforcement of the principle of legal certainty, the right to choose the most favourable fiscal route and the right of states to combat tax avoidance. Part 2 analyses, inter alia, how specific an anti-abuse provisions should be, the burden of proof, tax jurisdiction shopping and the consequences of abuse

Study on Practicality of Tax Law Course in Accounting Major

Science.gov (United States)

Wang, Lixia; Chang, Zhongxin

2011-01-01

Accounting staff play a more and more important role in enterprises and the ability to handle tax related business is one of the necessary abilities of accounting staff. At present, some problems exist in system setting, content teaching, textbook construction, teaching method and so on of tax law course in institutions of higher learning. The…

Misplaying the Angles: A Closer Look at the Illinois Tuition Tax Credit Law.

Science.gov (United States)

Pathak, Arohi; Wessely, Mike; Mincberg, Elliot

In 1999, Illinois enacted its tuition tax credit law, which offers tax credits to taxpayers whose own children are attending school, as opposed to tax credits to businesses and/or individuals who contribute to tuition scholarship programs. Recent data suggest that the Illinois tax credit program is benefiting middle- and upper-class families more…

Is tax avoidance the theory of everything in tax Law? A terminological analysis of EU legislation and case law

NARCIS (Netherlands)

Öner, Cihat

The primary goal of this article is to analyze the use of the term ‘tax avoidance’ in the legislative framework and case law of the European Union to point out the absence of a common linguistic approach. The consequences derived from the terminological chaos will also be discussed; thus, the study

26 CFR 1.6851-2 - Certificates of compliance with income tax laws by departing aliens.

Science.gov (United States)

2010-04-01

... OF THE TREASURY (CONTINUED) INCOME TAX (CONTINUED) INCOME TAXES Additions to the Tax, Additional... complied with all of the obligations imposed upon him by the income tax laws. In order to procure such a... to his income tax liability upon presentation to the district director for the internal revenue...

Abuse of Law in European Tax Law: An Overview and Some Recent Trends in the Direct and Indirect Tax Case Law of the ECJ - part 1

NARCIS (Netherlands)

Weber, D.

2013-01-01

This article examines the right of Member States to combat abuse, as defined in ECJ case law, in particular, the balance between enforcement of the principle of legal certainty, the right to choose the most favourable fiscal route and the right of states to combat tax avoidance. Part 1 addresses the

Abuse of Law in European Tax Law: An Overview and Some Recent Trends in the Direct and Indirect Tax Case Law of the ECJ - part 2

NARCIS (Netherlands)

Weber, D.

2013-01-01

This article examines the right of Member States to combat abuse, as defined in ECJ case law, in particular, the balance between enforcement of the principle of legal certainty, the right to choose the most favourable fiscal route and the right of states to combat tax avoidance. Part 1, which was

Vergi Hukukunda Tebligatta Yeni Bir Uygulama: Elektronik Tebligat(A Recent Implementation in Notification in Tax Law: Electronic Notification

Directory of Open Access Journals (Sweden)

Hatice YURTSEVER

2016-08-01

Full Text Available Tax-basis documents are to be notified to tax payers via various manners and methods. Timely notification is important on the basis of people given enough time and instruments for their right to legal remedies to be carried into effect. Notifications regarding tax collection are carried out according to Tax Precedure Law whereas notifications regarding tax trials for tax disputes are carried out according to Notification Law. In order to solve notification related problems, an analogy should be drawn between Tax Precedure Law and Notification Law. Also, in the case of notifications via traditional methods, it is seen that significant information for tax payers may not be delivered on time and therefore tax claim collections may be legally impossible. Within this framework, in order to provide timely taxation and complete the taxation procedure, by virtue of the development in IT, electronic notification in addition to the said notification methods should take place in regulations. It is obvious that electronic notification would be safer and faster in comparison to the physical notification methods. Notification taking days through traditinional notification methods could be received by the addressee via e-notification in such a swift way.

Report on the 2016 conference Tax Treaty Case Law Around the Globe

NARCIS (Netherlands)

van Hulten, Mart; Jallai, Ave-Geidi

2016-01-01

Each year the international conference Tax Treaty Case Law Around the Globe provides a forum to discuss with outstanding experts of the relevant jurisdictions the most important and interesting tax treaty cases which recently have been decided all over the world. This article provides a report on

Amendments to the Law on Value Added Tax in Kosovo

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Simeana Beshi

2016-03-01

Full Text Available Main purpose of this paper is to explore and analyze the objectives and effects of amendments in the Law on Value Added Tax (VAT as part of the new fiscal package in Kosovo. This paper is based on a quantitative analysis. Some of the methods used in this paperwork are: historical- , descriptive-, and comparative method. It relies on facts and researches conducted by international organizations, based on productive forces and on the development of economic capacities in general, also a comparative overview of the fiscal policies applied in different states. This paper presents also the challenges of Kosovo, towards EU, by harmonizing tax legislation, fiscal policy and combating tax evasion.

Relation of criminal offence of tax evasion and criminal offence of non-payment of withholding tax in Serbian criminal law

OpenAIRE

Kulić, Mirko; Milošević, Goran

2011-01-01

Countries often resort to tightening of criminal sanctions against those who do not fulfill their tax obligations on time. Instead of more organized undertaking of measures to eliminate the causes of tax crime, Serbia seeks to solve the problem by upgrading the criminal legislation. There are six criminal offences which provide for criminal law protection of public revenues. Among these criminal offences, the central place belongs to the criminal offence of tax evasion and criminal offence of...

Stuck in Neutral: Stalled Progress in Statewide Comprehensive Smoke-Free Laws and Cigarette Excise Taxes, United States, 2000–2014

Science.gov (United States)

King, Brian A.; Babb, Stephen D.

2016-01-01

Introduction Increasing tobacco excise taxes and implementing comprehensive smoke-free laws are two of the most effective population-level strategies to reduce tobacco use, prevent tobacco use initiation, and protect nonsmokers from secondhand smoke. We examined state laws related to smoke-free buildings and to cigarette excise taxes from 2000 through 2014 to see how implementation of these laws from 2000 through 2009 differs from implementation in more recent years (2010–2014). Methods We used legislative data from LexisNexis, an online legal research database, to examine changes in statewide smoke-free laws and cigarette excise taxes in effect from January 1, 2000, through December 31, 2014. A comprehensive smoke-free law was defined as a statewide law prohibiting smoking in all indoor areas of private work sites, restaurants, and bars. Results From 2000 through 2009, 21 states and the District of Columbia implemented comprehensive smoke-free laws prohibiting smoking in work sites, restaurants, and bars. In 2010, 4 states implemented comprehensive smoke-free laws. The last state to implement a comprehensive smoke-free law was North Dakota in 2012, bringing the total number to 26 states and the District of Columbia. From 2000 through 2009, 46 states and the District of Columbia implemented laws increasing their cigarette excise tax, which increased the national average state excise tax rate by $0.92. However, from 2010 through 2014, only 14 states and the District of Columbia increased their excise tax, which increased the national average state excise tax rate by $0.20. Conclusion The recent stall in progress in enacting and implementing statewide comprehensive smoke-free laws and increasing cigarette excise taxes may undermine tobacco prevention and control efforts in the United States, undercutting efforts to reduce tobacco use, exposure to secondhand smoke, health disparities, and tobacco-related illness and death. PMID:27309417

Overview of Major Issues of Tax Treaties Law in Kosovo

Directory of Open Access Journals (Sweden)

Bedri Peci

2015-06-01

Full Text Available The aim of this research is to analyze and find out the major issue of tax treaties law in Kosovo. In this analysis we have used the research method of case study. The results of research show that the legal framework for the elimination of double taxation, after 1999, initially started its establishment journey from the United Nations Administration Mission in Kosovo (UNMIK. Taking into consideration the specifications of the political status, the process for the establishment of the unilateral and bilateral legal framework has been made with mistakes, slow and with delays. Following its declaration of independence, Kosovo has paid greater attention to tax treaties. Although double taxation relief in Kosovo may be obtained either unilaterally or under a tax treaty, there remains a lot of work to be done for the completion of the necessary framework for elimination of double taxation. The double taxation relief provided by a tax treaty prevails over the domestic relief. The study is of particular relevance to scholars, tax practitioners, expatriates who work and invest in Kosovo, etc

Moral Consideration Regarding the Arizona Tax Credit Law

Directory of Open Access Journals (Sweden)

Anthony G. Rud

2000-08-01

Full Text Available I begin by commenting on the language used, both by the Arizona tax credit law, and by our commentators, and then turn to a discussion of a factor I believe fuels the impetus for sectarian education. I end with a consideration of questions related to the social, cognitive, and moral costs of such privatization, in contrast to a democratic commitment to education.

TAX OPTIMIZATION, TAX AVOIDANCE OR TAX EVASION? CONTRIBUTIONS TO THE OFFSHORE COMPANIES’ LEGAL BACKGROUND

OpenAIRE

Eva ERDÕS

2010-01-01

Is it a legal or illegal activity to give money to establish offshore firms? What is the offshore practice is it a method of tax optimization, tax minimization or is it a harmful activity, which means tax avoidance or tax evasion. This question is very important in the European Union’s tax law system, because the EU tax law is against the harmful tax competition. Some member states’ legal system is permitted to use offshore companies’ rules, but in the European Union it is prohibited to estab...

TOP TAX SYSTEM - A common tax system for all nations

OpenAIRE

VIJAYA KRUSHNA VARMA

2011-01-01

TOP Tax system is a new tax system which can be used as a common tax system for all nations. This new tax system will be without present tax system’s all Direct and Indirect taxes accompanied by tax laws, tax exemptions, multiple tax collection departments to relieve 7 billion people of the world from the cobweb of ambiguous and complex tax structures, plethora of tax laws, mandatory and cumbersome accounting, auditing, tax returns and consequent quagmire of all tax related cases. Taxation, t...

Vehicular air pollution and environmental tax law in Brazil: proposed tax restructuring for sustainable development

Directory of Open Access Journals (Sweden)

Pedro Monteiro Machado de Almeida Penna

2013-12-01

Full Text Available This work presents a restructuring of taxes in the automotive sector in Brazil in order to foster sustainable development. Personal vehicles, trucks or buses emit gases that contribute to global warming and cause human health problems. There are policies in Brazil to reduce the emission of air pollutants from vehicles; however, these neither punish the polluter nor provide for damage compensation. The Tax Law, with the Constitutional Polluter Pays Principle, is an efficient instrument for State intervention in the economy. The work compared environmental and economic views regarding fuel and both personal and public vehicles. We estimated the environmental benefits of recycling vehicles in use more than 10 years, taking into consideration pollution engendered in the manufacture of a new vehicle. Finally, we propose to unify vehicular taxation when the vehicle is acquired, by ending the ICMS and PIS / COFINS taxes on fuels and instead taxing CIDE-fuels, without reducing overall collection by the Brazilian government. The ensuing revenue would be used for repairing environmental damages. We have also made suggestions for the improvement of public policies to control emissions of atmospheric pollutants.

Stimulation of investment in international energy through Nigerian tax exemption laws

International Nuclear Information System (INIS)

Osimiri, U.J.

2002-01-01

This article assesses the impact of recent tax exemption legislation as a vehicle for the attraction of investment in the quest for the development of international energy in Nigeria, particularly oil and gas. It seeks to argue that generous tax incentives are the most successful method of inducement of foreign investors, judging from the rising profile in the expansion of investment in the gas sector and the attendant increase in world trade. It attempts to assert that tax incentives alone, without the combination of other favourable factors, like political stability, observance of the rule of law and deregulation or trade liberalisation, cannot produce the desired result of local industrialisation and integration into the world economy. (author)

THE PRINCIPLE OF NON-RETROACTIVITY OF CIVIL LAW - DEVIATIONS IDENTIFIED IN THE MATTER OF TAX LEGISLATION

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Cristina-Simona Căpăţînă (Dumitrache

2016-11-01

Full Text Available This article aims to examine the effects of the principle of non-retroactivity of law. While the first section deals with the principle of non-retroactivity of the law in terms of Romanian civil law, the next section presents cases of compliance, but also several cases of violation/breach of the principle enunciated, identified in the tax matter. By researching the date when legal acts or deeds are concluded or, as the case may be, committed or produced, in relation to the effects of the new law over them, we are submitting to a non-retroactivity test some texts from tax laws governing the obligation of the taxpayers to pay tax on profit when no longer meet the conditions to be micro -enterprises, obligation of the individuals without revenue to pay social health insurance contributions, the obligations of the persons carrying out transactions with related parties to draw up transfer pricing file. The effect of the facta pendentia situation is presented and analyzed on a specific case of transfer pricing, which may be misinterpreted as a breach of the principle of non-retroactivity of the law. Precisely for this reason the conclusions present utility both for law theorists and practitioners.

Energy taxes in practice. Energy tax - electricity tax - biofuel quota - energy tax compliance. 3. upd. and rev. ed.

International Nuclear Information System (INIS)

Stein, Roland M.; Thoms, Anahita

2016-01-01

You need a quick and easy overview of the legal provisions of the energy tax law? You would like to understand the relationship between the European and national regulations and their impact on the daily practice? This manual prepares the energy tax, electricity tax and biofuel quota law for you clearly on and illustrated by examples, what to look in practice in order to avoid pitfalls. It picks up especially contentious issues and problems, discusses the relevant case law and the relevant regulations and finally gives precise recommendations for daily practice. Based on practice notes, examples and diagrams you can easily identify how to transfer the legal requirements on the own workspaces or optionally can use tax breaks. This includes information on both simplified - and thus less subject to error - methods and to tax exemptions and credits. The manual is complemented by forms, extracts from the Combined Nomenclature and an online material collection with regulatory and legal texts. [de

International tax planning & prevention of abuse under domestic tax law, tax treaties & EC-law

OpenAIRE

De Broe, Luc

2007-01-01

PART ONE:THE USE OF CONDUIT & BASE COMPANIES IN INTERNATIONAL TAX PLANNING 1 1. CONDUIT COMPANIES 1 1.1. Treaty shopping 1 1.1.1. Description of the term “Treaty shopping” in relation to conduit companies 1 1.1.2. Basic features of “Treaty Shopping” in relation to conduit companies 6 1.1.2.1. Form of the conduit: company or partnership ? 6 1.1.2.2. Tax considerations in setting up the conduit 8 1.2. Directive shopping 11 1.2.1. Description of the term ...

1977 guidebook to California taxes with special emphasis on relationship to Federal taxes

Energy Technology Data Exchange (ETDEWEB)

Bock, R.S.

1977-01-01

This book is designed to be a quick reference work on California State taxes. With this in mind, the amount of detail is kept to a minimum by assuming that the reader has some knowledge of Federal taxes that are generally similar to the major California taxes (or that he has access to the wealth of information about Federal taxes that is readily available). The book explains the four major California taxes (personal income tax, tax on corporate income, inheritance tax, and gift tax), whenever possible, in terms of the comparable Federal taxes. Differences between the two laws are pointed out, and cross-references make it possible to trace from a given provision in one law to a comparable provision in the other. Special attention is given to subjects peculiar to the California law. In addition to the major State taxes, the book provides general information about other taxes levied by the State. Property taxes are also discussed briefly, because of their statewide impact, although they are imposed by local governmental units.

Tax Policy in Action: 2016 Tax Amnesty Experience of the Republic of Indonesia

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Emmiryzan Wasrinil Said

2017-09-01

Full Text Available Tax amnesty programs are often used by governments to improve tax compliance and to increase tax revenue. However, the policy choice to provide a tax amnesty often results in adverse consequences, including the violation of other legal rules. For this reason, the policy choice to offer a tax amnesty (‘tax amnesty policy’ is often controversial. The tax amnesty policy and resulting program offered by the Government of Indonesia has been criticized both because it is considered to be unfair and because it favors the perpetrators of tax evasion. In particular, the tax amnesty law offered special treatment to taxpayers who participated in the program, such as no checking of the source of funds, no checking of the financial statements reported by law enforcers, protection from punishment on the financial reports provided to the Director General of Taxation, and the requirement to pay only a small penalty. Tax amnesty programs also provide the potential for money laundering. This is certainly the case in Indonesia. In addition, tax amnesty programs weaken law enforcement in Indonesia; in particular, in the areas of corruption and money laundering. This is because law enforcement officers cannot investigate the perpetrators of white-collar crime that benefit from the tax amnesty program. Under the terms of the tax amnesty program, the financial data is not accessible by them.

Tax Havens: International Tax Avoidance and Evasion

OpenAIRE

Gravelle, Jane G.

2009-01-01

The federal government loses both individual and corporate income tax revenue from the shifting of profits and income into low-tax countries, often referred to as tax havens. Tax havens are located around the world with concentrations in the Caribbean and Europe. Corporate profit shifting may cost up to $60 billion in revenue and remedies are likely to involve tax law changes. Individual income tax losses more often arise from tax evasion, and are facilitated by the lack of information report...

TAX RESEARCH Financial Accounting versus Tax Accounting - Tax Rules’ Impact on Investment Decisions

OpenAIRE

Dr.Sc. Skender Ahmeti; Dr.Sc. Muhamet Aliu; MSc. Alban Elshani; Yllka Ahmeti

2014-01-01

This paper provides guidance for all those interested in research related to tax. In the study are included three main areas dealing with taxes and about taxes: (1) the role of information in corporation tax expenditures under the rules and laws of the country against financial statements according to international accounting standards, (2) case study PTK; how much effective tax and tax on extra profit has it paid (3) the impact of tax rules on investment decisions - the reasons and profits o...

A study on the conflict and intertwine of the accounting standards and the tax law in asset losses

OpenAIRE

小林, 裕明

2011-01-01

This paper first refers to the key concept of recognition of asset losses under the corporate tax law. The tax law basically restricts the loss deduction and imposes requirements of "settlements" with a fact of physical ormonetary damage for the special loss deduction unless potential nonrecognized losses may be deducted under the accounting standards from the viewpoint of disclosure for asset fair values. This loss deduction rule is derived from the foreseeability and legal stability in calc...

Concept of Tax Advising Within Tax Optimization

OpenAIRE

Svitlana Bychkova; Makarova Nadiya

2013-01-01

Tax advising is strictly individual service requiring knowledge in the fields of law, tax and accounting. Tax advising includes not only advising on taxation models depending on the economic entity type of activity, but it also deals with issues of tax optimization. In the article the authors have offered their views on the concept of tax consulting in the area of tax optimization (tax planning). The subject matter has been a set of the most rational and important settings that allow you to u...

TAX EVASION BETWEEN FRAUD AND OPTIMIZATION

OpenAIRE

Emilia Cornelia STOICA

2017-01-01

Tax optimization, often called legal tax evasion is the use of methods and techniques that are within the law, in order to reduce or even cancel the tax liability. To achieve such an approach, the taxpayer or his advisers must know in depth the tax law - and by extension, the financial and administrative law - and, moreover, must be functional tax jurisdictions which allow the use of appropriate assemblies. The recent leasks, as WikiLeaks, LuxLeaks, SwissLeaks, Panama Papers etc. on financial...

Overview of Major Issues of Tax Treaties Law in Kosovo

OpenAIRE

Bedri Peci

2015-01-01

The aim of this research is to analyze and find out the major issue of tax treaties law in Kosovo. In this analysis we have used the research method of case study. The results of research show that the legal framework for the elimination of double taxation, after 1999, initially started its establishment journey from the United Nations Administration Mission in Kosovo (UNMIK). Taking into consideration the specifications of the political status, the process for the establishment of the unilat...

TAX EVASION BETWEEN FRAUD AND OPTIMIZATION

Directory of Open Access Journals (Sweden)

Emilia Cornelia STOICA

2017-05-01

Full Text Available Tax optimization, often called legal tax evasion is the use of methods and techniques that are within the law, in order to reduce or even cancel the tax liability. To achieve such an approach, the taxpayer or his advisers must know in depth the tax law - and by extension, the financial and administrative law - and, moreover, must be functional tax jurisdictions which allow the use of appropriate assemblies. The recent leasks, as WikiLeaks, LuxLeaks, SwissLeaks, Panama Papers etc. on financial flows to tax havens highlight the far-reaching unprecedented evasion and tax fraud, both in the amounts involved - trillions of dollars - and sophisticated assemblies used primarily by multinational companies to the detriment of the public finances of Member territory headquarters and branches which are located and, therefore, detrimental economic and social life of those countries. Tax evasion is based on legal mechanisms which, combined together in the montages of increasingly complex, allowing operators, mostly multinational legal entities to circumvent national tax law and not pay the taxes due. The border between tax optimization, tax evasion and fraud is very thin, optimization using various legal methods to reduce the tax owed, whereas tax evasion using illegal means, which covered crime. Tax evasion reveals either optimize or fraud. There is a significant international dimension of tax evasion because it is favored by multinational corporations operating conditions.

Tax structure and corruption

Directory of Open Access Journals (Sweden)

Ilić-Popov Gordana

2014-01-01

Full Text Available In the article an analysis of the impact of corruption, both administrative and state capture, on the tax structure is carried out. The authors established a negative correlation between the degree of corruption and the height of the effective tax burden, while isolating a simultaneous directly proportional impact of the nominal tax burden (which could reflect state intervention - the main corruption factor on the scope of corruption. The effects of corruption on the decrease of individual taxes' share in GDP are diversified, with impact on direct taxes as a whole being more observable. The mode of tax assessment significantly determines exposure of certain tax to the administrative corruption: it is generally larger in case of taxes assessed by the decision of the competent tax officials who are carrying out both assessment and audit, while in the case of self-assessment and withholding they just perform audits implying limited exposure to corruption. Corruptive state capture is present in the case of taxes which are important for influential corruptors. That is why in Serbia laws preventing taxation of capital gains or heavier taxation of dividends and other income paid to non-residents located in the tax havens were adopted, while by-laws which should have enabled implementation of prescribed lump sum taxation based on external signs of wealth have not been enacted. The authors concluded that the anti-corruption strategy should rely on the increasing role of self-assessment, which could reduce the room for administrative corruption. Unclear and imprecise formulations of the tax norms facilitate corruption, because they create room for arbitrariness in interpretation and implementation of the laws and by-laws. It is therefore necessary to surprises discretion, simplify tax procedure and diminish the number of tax relief's.

Changes of the value added tax in the tax-harmonization process with EC directives

Directory of Open Access Journals (Sweden)

Andrea Votavová

2005-01-01

Full Text Available The aim of this article is to bring near the topical process of the assimilation the Czech law of value added tax to the EC-directives. The attention will be paid to the development of the harmonization this law in 1993 – 2003 and I will describe and analyse the choice sections of the value added tax law (with the effective date from 1. 5. 2004. I will explain the changes by tax rates.

Elements of Compared Law concerning Tax Evasion

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Monica Pocora

2015-08-01

Full Text Available The resort to international tax evasion can be explained both through the game, often perverse, of the double taxation, due to the autonomy of the national fiscal regimes, as well as to the fiscal pressures deriving from these. In view of escaping to be subject to two different taxations, the taxpayer wishes actually to avoid them both. And in order to avoid being subject to either of them, he takes cover in the fiscally protected regions. The techniques are numerous and depend on the taxpayer’s imagination. They contain a series of subtle and agile combinations of using the disappearances between the fiscal systems by resorting sometimes to fraudulent mechanisms. This paper aims at analysing the European dimension of the evasion phenomenon, corresponding to some fiscal and social laws that are more favourable.

TAX PLANNING: OPTIMIZATION TOOL OF DEBTS TOWARDS THE BUDGET

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Anatol GRAUR

2017-06-01

Full Text Available Tax planning is complex of measures,consisting in the reduction of tax payments under the law. Tax planning at the enterprise starts from the initial structuring of businesses and activities and can be carried out both at entity level (corporate and the individual (individual. Compared to tax evasion, tax planning is performed only under the law by avoiding taxes. Avoiding or reducing taxes is possible by organizing activities in such a way that the law allows reducing the tax base or tax rate. Optimization of tax payments is possible by organizing the work in such a way, so as the legislation avoids or reduces the tax base,tax rates and tax incentives application.

Petroleum production contracts of the oil exporting developing countries with US petroleum companies, and US tax laws. Erdoelproduktions-Vertraege erdoelexportierender Entwicklungslaender mit US-Oelunternehmen und US-Steuerrecht

Energy Technology Data Exchange (ETDEWEB)

Mettenheimer, K.

1987-01-01

The publication deals with the US petroleum production contracts of the past three decades. It analyzes the different types of contracts ranging from franchises to the so-called non-risk service contract. Particular emphasis is on the influence of US tax laws on the terms and conditions of contract. Another point of discussion is the influence of US tax laws on the tax laws of the oil exporting developing countries. The conclusions drawn from the terms and conditions of contracts and the mutual influence of two tax systems aim at contributing to a system whose transnational investment decisions and contracts will not be influenced by fiscal consideration. (orig./HSCH).

New Leverage for Increasing Tax Revenues in Turkey: Traditional Tax Applications Supported by Electronic Tax Audits

Directory of Open Access Journals (Sweden)

Ozge Onkan

2016-07-01

Full Text Available In this study, it is examined for the period 2000- 2015 in Turkey that increasing the electronic applications regarding tax audits had the effects on the required amount of tax levied as a result of tax audits. Tax Inspectors reach strategic information without uneasiness by means of electronic applications developed by some institutions such as Electronic Risk Analysis that Tax Inspection Board founded in 2011 and Revenue Administration as institutions designated by law for auditing tax in Turkey. Thus, this leads to an increase the tax revenues obtained in the course of tax audits compared to the times when there is not electronic applications.

Tax policy

International Nuclear Information System (INIS)

1990-07-01

This report contains information on the effects of additional tax incentives for the petroleum production industry. It considers the effects of additional incentives on petroleum production and federal revenues, the federal tax burden on new domestic petroleum production investments under current law, and the comparative tax treatment of petroleum production investments in the United States and other nations

Studi Faktor-faktor Pemotivasi Manajemen Melakukan Tax Planning

OpenAIRE

Indrawati Indrawati; Gideon Setyo Budiwitaksono

2015-01-01

The purpose of this study is to examine the influence of Tax Policy, Tax Law, and Tax Administration on Tax Planning. Our samples consist of 20 Tax Cosultant’s Clients in Surabaya.The Results of this study show that tax policy and tax administration is not a factor that can motivate management to perform tax planning. While the tax laws is a factor that can motivate management to perform tax planning. This research suggests to the Government to issue tax regulations clearly and unambigu...

TAX RESEARCH Financial Accounting versus Tax Accounting - Tax Rules’ Impact on Investment Decisions

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Dr.Sc. Skender Ahmeti

2014-02-01

Full Text Available This paper provides guidance for all those interested in research related to tax. In the study are included three main areas dealing with taxes and about taxes: (1 the role of information in corporation tax expenditures under the rules and laws of the country against financial statements according to international accounting standards, (2 case study PTK; how much effective tax and tax on extra profit has it paid (3 the impact of tax rules on investment decisions - the reasons and profits of the company and the host country. We will try to summarize here the three areas of study and come to some conclusions on how to deal with fiscal policy in Kosovo. In addition, we will offer our opinion on some interesting and important questions for future research.

Tax Tips for Forest Landowners for the 2012 Tax Year

Science.gov (United States)

Linda Wang; John L. Greene

2012-01-01

Federal income tax law contains provisions to encourage stewardship and management of private forest land. The primary goal of this bulletin is to assist forest landowners and their advisors with timber tax information they can use to file their 2012 in-come tax returns. The information presented here is current as of Sept. 15, 2012.

Effect of tax laws on mineral exploration in Canada

Energy Technology Data Exchange (ETDEWEB)

DeYoung, Jr, J H

1977-06-01

It is concluded that tax law variations, rather than differences in commodity price changes, have been responsible for shifts in mineral exploration from one political region to another. This view is substantiated by the fact that decreasing mineral exploration in certain parts of Canada has coincided with increased mineral exploration in areas of the USA and in other parts of Canada, and with diversification by mining companies into non-mining activities. It is difficult to analyze separately the effect of all the different considerations facing the managers of the exploration budgets. These decision makers are concerned with the possibility of discovering ore deposits by using available methods; with the costs of finding, acquiring, developing, producing, and marketing mineral commodities; and with expected revenues from product sales. Budget-allocation decisions by those engaged in exploration are influenced by many characteristics of a region including: geology, topography, climate, population density, political structure, applicable legislation on zoning, taxation, and environmental controls, and transportation facilities. The decline in mineral exploration in Canada, particularly in British Columbia, which followed increases in taxes for mining companies has provided policymakers with several examples that should be considered in the development of future mineral policies. These examples are discussed.

The progressive tax

OpenAIRE

Estrada, Fernando

2010-01-01

This article describes the argumentative structure of Hayek on the relationship between power to tax and the progressive tax. It is observed throughout its work giving special attention to two works: The Constitution of Liberty (1959) and Law, Legislation and Liberty, vol3; The Political Order of Free People, 1979) Hayek describes one of the arguments most complete information bout SFP progressive tax systems (progressive tax). According to the author the history of the tax progressive system...

Towards an International Code for administrative cooperation in tax matter and international tax governance

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Eva Andrés Aucejo

2017-12-01

Full Text Available There is not a “Global Code” that encodes the duty of cooperation between tax authorities in the world, concerning the global tax system. This article addresses this issue by proposing a global Code of administrative cooperation in tax matters including both tax relations: between States, and between States, taxpayers and intermediary’s agents. It follows a wide concept of tax governance. The findings of this research have highlighted several practical applications for future practice. article analyses, firstly, the State of the question, starting with the legal sources (international and European sources of hard law and soft law reviewing the differences with the Code as here proposed. It also examines some important Agents who emit relevant normative in international administrative tax cooperation and the role that these agents are developing nowadays (sometimes international organizations but also States like the United States, which Congress enacted the Foreign Account Tax Compliance Act, FATCA. Overlapping and gaps between different regulations are underlined. Finally, the consequences of this “General Code” lack for the functioning of a good international governance, are described. Hence, the need to create an International Cooperation Code on tax matters and international fiscal governance is concluded. That Code could be proposed by any International Organization as the World Bank nature, for instance, or the International Monetary Fund or whichever International or European Organization. This instrument could be documented through a multilateral instrument (soft law, to be signed by the States to become an international legal source (hard law. Filling this Code as Articulated Text (form could be very useful for the International Community towards an International Tax Governance.

Updated Tax Tips for Forest Landowners for the 2010 Tax Year

Science.gov (United States)

Linda Wang; John L. Greene

2010-01-01

This bulletin is updated as of Dec. 20, 2010, to include the changes from Public Law 111-31 enacted on Dec. 17, 2010. It provides tax tips for woodland owners and their tax advisors in the preparation of the 2010 individual tax return. Please be aware the information presented here is not legal or accounting advice. Consult your legal and tax advisors for more complete...

The Effect of Tax Reforms and Tax Compliance on the Economic Development of Developing Countries: A Case Study of Nigeria.

OpenAIRE

Ajani, Olawumi Funso

2011-01-01

ABSTRACT Since 1980s’ the awareness of the effect of tax reforms and tax compliance on economic development has increased significantly. The positive and effective use of tax revenues influences how taxpayers comply with tax laws. In particular, taxpayers tend to adhere to tax laws and fulfil their obligations when it is evident that the taxes paid are put into proper use by providing the essential public goods and services needed by the citizens. Compliance increases when it is believed t...

EuGH: Innocuousness of the nuclear fuel tax according to the European community law

International Nuclear Information System (INIS)

Anon.

2015-01-01

The tax levied on nuclear fuel in Germany does not contravene European law. This was the conclusion of the European Court of Justice (ECJ) on 4 June. The ECJ has now, for the first time, made a clear decision on the admissibility of preliminary ruling proceedings referred to the ECJ and to the domestic constitutional court in parallel: Article 267 TFEU not only entitles the domestic court but even obliges it to submit issues that are decisive for the dispute to the European Court of Justice for interpretation or a decision on the applicability of European law. Such an obligation and the issue of incompatibility with European law did not depend on whether the same provision had been submitted to the domestic court for review or not. After all, even if a provision has been declared unconstitutional under domestic law it will still remain applicable for a certain period of time.

Recent Tax Law Changes.

Science.gov (United States)

Lukaszewski, Thomas

1998-01-01

Describes provisions of the Taxpayer Relief Act of 1997 as they influence business and personal taxes. Also explains a recent ruling, the IRS Revenue Procedure 96-31, which will benefit businesses which did not claim all the depreciation expenses they were entitled to over the years. (KB)

Tax havens and development

OpenAIRE

Norwegian Government Commission on Capital Flight from Poor Countries

2009-01-01

Tax havens harm both industrialised and developing countries, but the damaging impacts are largest in developing countries. This is partly because these countries are poor and thereby have more need to protect their national tax base, and partly because they generally have weaker institutions and thereby fewer opportunities for enforcing the laws and regulations they adopt. Tax treaties between tax havens and developing countries often contribute to a significant reduction in the tax base of...

Illegitimate Tax Avoidance and Rule XVI of Preliminary Title of Tax Code

OpenAIRE

Tarsitano, Alberto

2014-01-01

The author analyzes a very important issue such as illegitimate tax avoidance. He begins by explaining the content of the concept of illegitimate tax avoidance, and also he points out the differences with other concepts like tax evasion and tax planning. Then, he comments the debate on the use of legal figures which doesn’t belong to Tax Law, in order to solve issue of illegitimate tax avoidance. Finally, he explains the scope and the application of the Peruvian general anti-avoidance rule st...

How do employment tax credits work? An analysis of the German inheritance tax

OpenAIRE

Franke, Benedikt; Simons, Dirk; Voeller, Dennis

2014-01-01

Employment tax credit programs have been repeatedly used during economic crises, although their usefulness is empirically contestable. The objective of this paper is to quantify the tax effects of employment tax credit programs. A recent revision of the German inheritance tax law provides an eminent opportunity to analyze the effects caused by such a preferential treatment. The tax liability depends on a company’s future employment expenses. Hence, we use micro-level data of ...

Mapping Tax Compliance

DEFF Research Database (Denmark)

Boll, Karen

2014-01-01

Tax compliance denotes the act of reporting and paying taxes in accordance with the tax laws. Current social science scholarship on tax compliance can almost entirely be divided into behavioural psychology analyses and critical tax studies. This article, which presents two cases of how tax...... compliance is constructed, challenges the explanatory reaches of today's social science approaches, arguing that an alternative approach to understanding tax compliance is worthwhile exploring. This other choice of approach, inspired by actor–network theory (ANT), adopts a more practice-oriented focus...... that studies tax compliance where it takes place as well as what it is made of. Consequently, this article argues that tax compliance is a socio-material assemblage and that complying is a distributed action. The article concludes by highlighting how an ANT approach contributes to the further theoretical...

A multilateral tax treaty : designing an instrument to modernise international tax law

NARCIS (Netherlands)

Broekhuijsen, D.M.

2017-01-01

In this book, the author addresses the legal and political aspects of a multilateral tax treaty that fundamentally transforms the way states cooperate in the field of international taxation. Working from a normative and pragmatic view on international tax relations, he proposes a management-focused

Corporate income tax

OpenAIRE

Popová, Barbora

2014-01-01

1 RESUMÉ Corporate Income Tax The aim of this diploma thesis on "Corporate Income Tax" is to outline the current legal background of the corporate income tax and asses and evaluate the most substantial changes regarding the Act no. 586/1992 Coll., Income Tax Act, as amended that have become effective as of January 1, 2014. The changes discussed in this thesis include especially, but are not limited to, the changes adopted in connection with the recodification of Czech Civil Law. This thesis c...

Advanced training of tax consultants

Directory of Open Access Journals (Sweden)

Adigamova Farida F.

2016-01-01

Full Text Available The purpose of the research is to review and analyze the data on the necessity to provide an educational environment for training and advanced training of tax consultants in Russia. The article considers the types of tax consulting, the historical background of training financiers in Russia, as well as identifies conditions determining the significance of tax consulting. The research establishes the connection between the negative attitude to tax payment and tax evasion. The advanced training of tax consultants should be a continuous process as they need to take into account both external and internal taxpayers risks associated with the development of law and law-enforcement practice. Obviously, the training of tax consultants should take into account the experience of developed foreign countries, such as Germany, Austria, Czech Republic, Slovakia and other European countries as well. In Russia, it is necessary to open educational institutions, which will not only be involved in the certification of tax consultants, but also provide training courses. These courses should contribute to constant increase of tax consultants knowledge, consider the tax treatment of economic activities, as well changes in the legislation, economics, finance, accounting, manufacturing processes, which will improve the quality of services provided by tax consultants.

Forms of Manifestation regarding Tax Evasion: New Approaches

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Alia Gabriela DUŢĂ

2015-09-01

Full Text Available Tax evasion has existed, exists and will exist as long as the state and the tax will continue to exist, but the forms and ways of achievement are perfectly in time. In terms of how can be committed, the ratio that exists between this phenomenon and the current legislation, tax evasion, there are two manifestations: the lawful tax avoidance (performed at the shelter law; unlawful tax evasion (fraudulent or fraud. In terms of space can be identified: tax evasion and tax avoidance at national and international level. In recent years circumvention actions are transferred, increasingly more inside from national tax systems across state borders, action driven by trends economic globalization, political and social.

MUNICIPAL TAX HARMONIZATION; ECONOMIC ACTIVITIES

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Belsy Tortolero

2014-04-01

Full Text Available This research work is a desk study to establish the technical and economic criteria that help to minimize double taxation at the municipal level of this tax in Venezuela, specifically for: industrial taxpayer, the taxpayer eventual merchant and / or walking, and to taxpayer service providers and implementers works on Hence the choice of the Tax Harmonisation Law of Municipal Public power in Article 162 of the Code, and the business tax. The methodology is based on the quantitative paradigm, with documentary research design, descriptive level - explanatory. Concluding that the criteria depend on the connecting factors set forth in the Law, and they are the same governing tax under study.

Globalization, Tax Competition and Tax Burden İn Turkey

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Veli KARGI

2016-07-01

Full Text Available 1990’s world was quite different from the world of 1950’s. Especially in the last twenty years, the increasing involvement of Japan in the world economy since the 1990s, in addition to the dominance of globalization and market economy throughout the world, the rapid spread of information resulting from the developments in IT-technology and the international competition emerging in the field of technology have all led to some significant developments in the world economy. Reduction of high mobility income and corporate tax rates due to tax competition may cause an unjust distribution of the tax burden. The fact that indirect taxation constitutes about 70% of the tax revenues obtained in Turkey can be taken as an indication of the unfairness in the distribution of tax burden in Turkey. In this study, following a definition of globalization and tax competition, classification of tax competition, reasons for increasing tax competition, benefits and losses of tax competition are explained, and changes introduced by various countries in their tax systems due to tax competition, the distribution of tax burden resulting from tax competition in Turkey and the effectiveness of the new income tax law in Turkey in terms of tax competition are analyzed.

Endangering of Businesses by the German Inheritance Tax? – An Empirical Analysis

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Henriette Houben

2011-04-01

Full Text Available This contribution addresses the substantial tax privilege for businesses introduced by the German Inheritance Tax Act 2009. Advocates of the vast or even entire tax exemption for businesses stress the potential damage of the inheritance tax on businesses, as those often lack liquidity to meet tax liability. This submission tackles this issue empirically based on data of the German Inheritance Tax Statistics and the SOEP. The results indicate that former German inheritance tax law has not endangered transferred businesses. Hence, there is no need for the tremendous tax privilege for businesses in current German inheritance tax law. An alternative flat inheritance tax without tax privileges, which meets revenue neutrality per tax class according to current tax law, provokes in some cases relative high tax loads which might trouble businesses.

EVALUATION OF SALES VALUE OF OBJECT TAX ON LAND AND BUILDINGS

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Titin RULIANA

2014-06-01

Full Text Available Tax revenue today become the backbone of the State reception in the State Budget ( Budget . One of the tax revenue is land and building tax . Basis of property tax is the Sales Value of Object Tax. Sales Value of Object Tax is the average price obtained from the market price , and the price is based on the Decree of the Mayor [3]. Determination Sales Value of Object Tax based on Laws number 12 of 1985 amended by Laws number 12 of 1994 [1]. Determination Sales Value of Object Tax based Formulation of the problem in this paper is as follows : "Is it the Sales Value of Object Tax on Land and Building Tax in Year 2012 in accordance with Laws number 12 of year 1994". This research used a sample of fifty one taxpayers from Income Tax Payable in 2012. Target of research is Sales Value of Object Tax on land and building by comparing the Sales Value of Object Tax contained in the Notification Letter of Tax Payable to the actual situation. Based on the background and formulation of the problem, that : "Calculation Sales Value of Object Tax on Land and Building of 2012 in the District Palaran of Samarinda City not in accordance with Law Number 12 of 1994" . I was concluded that the calculation Sales Value of Object Tax on Land and Buildings in the District Palaran been calculated in accordance with Law on number 12 of 1994 . Difference in the amount of Land and Building Tax to be paid based on The Notification Letter of Tax Payable with the results of research in the field due to lack of public understanding about The Land and Building Tax, so that the taxpayer did not immediately report the wide changes to the tax object owned by the Office of Tax services

VAT application in travel services pursuant to the Czech and EU legislations and a proposal for amendments in the Czech value-added tax law

Directory of Open Access Journals (Sweden)

Milena Otavová

2010-01-01

Full Text Available The domain of value-added tax has been already fully harmonized. Its regulation dwells on the Council Directive 2006/112/EC on the common system of value-added tax, and all member countries of the European Union are obliged to provide for the implementation of this Directive into their national legislations similarly as the Czech Republic, which entered the European Union on 1 May 2004. The Act no. 235/2004 Coll. on the value-added tax as amended (hereinafter „value-added tax law“ should be therefore in line with the Directive. In reality however, some issues in the VAT law have not been fully harmonized yet. One of these issues is for example the application of a special routine for travel services according to §89 of the VAT law, which is in essential contradiction with the Directive in question, the controversial point being definition of the person of customer whom the Directive understands in a different way than the VAT law. Thus, the characterization of the problem based on the Czech and EU legislations with respect to jurisdiction of the Court of Justice of the European Community forms a framework of the paper. Based on a comparative analysis of the application of special and ordinary routines in providing travel services to the customer by the taxpayer, tax incidence in his assessment base is determined. At the same time, the paper also includes a proposal for the change of the definition of customer in the VAT law so that the application of the given routine is fully in line with the EU Directive.

Tax reform Ukraine: implementation mechanisms and consequences

Directory of Open Access Journals (Sweden)

J.Lebedzevіch

2015-06-01

Full Text Available In the article the main shortcomings of the existing domestic tax systems, which were the main reasons for the need for its reform in the context of integration into the European Community. Determined the first stage of reforming tax systems Ukraine, which is associated with the adoption of the Law of Ukraine «On Amendments to the Tax Code of Ukraine and laws of Ukraine». The main provisions of this legal act, revealing the essence of the mechanism for implementing tax reform. Analyzed the mechanism of implementation of tax reform by analyzing the major innovations of the Tax Code of Ukraine and their comparison with the tax «standards» that operated the implementation of tax reform 2015. Thesis there is determined a number of tax loopholes and nedoopratsyuvan conducted tax reform and their implications for payers of taxes and duties, and the need for further research and improvement. The experience of European countries towards the introduction of electronic filing and processing of tax returns.

Tax savings for your practice. New tax law accelerates depreciation write-off.

Science.gov (United States)

Dennis-Escoffier, Shirley; Quintana, Olga

2004-04-01

The Jobs and Growth Tax Relief Reconciliation Act of 2003 provides benefits for your medical group practice by quadrupling the expensing deduction and increasing additional first-year bonus depreciation. These increases are not permanent--some expire as soon as the end of 2004. So now is the time to start planning to maximize the tax-saving benefits for your practice.

Post Implementation of Goods and Services Tax (GST) in Malaysia: Tax Agents’ Perceptions on Clients’ Compliance Behaviour and Tax Agents’ Roles in Promoting Compliance

OpenAIRE

Muhammad Izlawanie

2017-01-01

The Malaysian government introduced the Goods and Services Tax (GST) starting from 1 April 2015 to enhance the revenue collections and mitigate the transfer pricing manipulation. Tax agents play a significant role to help businesses to comply with GST law and regulations. After one year of GST implementation, it is vital to understand tax agents’ perceptions on clients’ compliance behaviour and tax agents’ roles in influencing compliance. A total of 30 registered tax agents completed a survey...

Corporate income tax and the international challenge

Directory of Open Access Journals (Sweden)

Folkvord Benn

2014-11-01

Full Text Available Although globalization has contributed immensely to growth and prosperity around the world, it is a growing challenge for tax policy makers. Globalization and greater mobility of tax bases increase the relative importance of taxes in corporations’ investment decisions. The combination of highly mobile capital, inadequacies in existing tax laws and a total change of international business environment have led to the fundamental problem in international tax law labeled by the OECD as the problem of BEPS (Base Erosion and Profit Shifting, along with severe competition among countries to attract investments and business activities. These challenges are the topic for the 2014 seminar of the Nordic Tax Research Council. Based on the Nordic national reports we discuss these challenges

The Vat Exemption for Health Care: Eu Law and its Impact on Swedish law

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Påhlsson Robert

2015-12-01

Full Text Available The general rule in EU law is that value-added tax (VAT is to be levied on all goods and services. There are a number of exceptions, however, one of which applies to certain medical services. This paper examines the legal basis for tax exemptions in EU VAT law and in Swedish law, with particular attention to the extent to which the rapidly growing private health-care sector is covered by these tax exemptions.

Analysis of theories and interpretative criteria in fiscal or tax provisions

Directory of Open Access Journals (Sweden)

María Angélica Nava-Rodríguez

2010-06-01

Full Text Available This article focuses on the subject of the interpretation of Tax law, as it constitutes one of the fundamental legal problems in the area. The basic aim of tax law is to regulate the form by which taxpayers contribute to the public expense of the State within the limits established by the Constitution. This interpretation presents special characteristics because it regulates the relations between the government and tax payers and contains special arrangements in dealing between them in terms of accounting, economics and finance. Because tax liability changes frequently, it is difficult to control the large number of daily specific situations that occur, therefore, the interpreter must determine whether the conduct that creates an obligation falls within the tax provision. The article studies the schools of interpretation, the methods that are located in each of the categories and the criteria of doctrinal interpretation of tax laws, also the interpretation according to the federal tax law.

A multilateral tax treaty: designing an instrument to modernise international tax law

OpenAIRE

Broekhuijsen, D.M.

2017-01-01

In this book, the author addresses the legal and political aspects of a multilateral tax treaty that fundamentally transforms the way states cooperate in the field of international taxation. Working from a normative and pragmatic view on international tax relations, he proposes a management-focused approach to multilateral cooperation in international taxation. The resulting managerial framework treaty is drawn up on the basis of insights from political science and legal philosophy and is ill...

Tax and statement matters of the income tax for the year 2010

Directory of Open Access Journals (Sweden)

Busuioceanu, S.

2011-01-01

Full Text Available The numerous legislative changes that occur from one financial year to another are not always able to clarify points of divergence existent between establishing the tax profit and the accounting one. Thus, accountants are sometimes put in difficulty, regarding the obligation to present the accounts respecting the principle of a true and fair view and the desire to optimize the tax cost of their business. The fact is that in the absence of specific accounting rules, the tax normative is set as a practical normative. In the fiscal side, there are clear law provisions governing each type of tax which must be respected. The tax base is the tax result and taxation,, by imposing strict rules, is trying to balance the general tendency of the taxpayers to minimize the tax due.

CRIMINAL LIABILITY FOR CERTAIN ECONOMIC ACTIVITIES-TAX EVASIOAN

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Alexandrina Fodor

2010-12-01

Full Text Available Evasion is equivalent to the offense or crime, and what is civil or criminal depending on the seriousness and rufnesse. Reasons for this phenomenon in Romania is difficult to quantify and are prevented complex and numerous, among them may be mentioned: many imperfections and speculiarities in the tax laws, the business tax accounting method, not using the national macroeconomic record, massive tax evasion carried out by various interest groups and economic agents only appear to take advantage of loopholes laws lack of a tax code, the principle of confidentiality.

Extrinsic incentives and tax compliance

OpenAIRE

Sour, Laura; Gutiérrez Andrade, Miguel Ángel

2011-01-01

This paper models the impact of extrinsic incentives in a tax compliance model. It also provides experimental evidence that confirms the existence of a positive relationship between rewards and tax compliance. If individuals are audited, rewards for honest taxpayers are effective in increasing the level of tax compliance. These results are particularly relevant in countries where there is little respect for tax law since rewards can contribute to crowding in the intrinsic motivation to comply.

Legal solutions to the conflict between equity of income redistribution and economic efficiency of taxation in relation to personal income tax law in Thailand and the United Kingdom

OpenAIRE

Rodjun, Jirasak

2006-01-01

The purpose of this thesis is to examine and compare Thai and UK income tax laws to establish how they cause conflict between equity of income redistribution and efficiency of taxation. This thesis also aims to validate theories that optimal tax structures and efficient tax legislation and administration can resolve the conflict. There are six chapters: Chapter One reviews concepts of equity and efficiency. Research in the components of income tax Jaw to establish optimal tax structures (...

The Arizona Education Tax Credit and Hidden Considerations of Justice: Why We Ought To Fight Poverty, Not Taxes.

Science.gov (United States)

Moses, Michele S.

2000-01-01

Describes the Arizona education tax credit law as a voucher plan in disguise, and argues that the concept of justice underlying the law is an element largely missing from the school choice debate. Calls on educators and policymakers to concentrate on efforts to help needy students rather than to channel tax dollars toward self-interested ends.…

Cross Check of the Tax Base in Serbia – Informative Tax Return Sample

Directory of Open Access Journals (Sweden)

Raonić Ivan

2016-05-01

Full Text Available The tax system of the Republic of Serbia is characterized by a very low level of income taxation. It is a particularly acute problem in cross-checking the tax base. The legislature tried to solve this problem by the introduction of the informative tax return (IPP. The problem is even greater because the situations encountered have not been analysed in science and tax theory, and very often have not been covered by applicable laws. A specific challenge for the tax authorities represent taxpayers whose incomes are primarily realized abroad (usually persons from the world of entertainment. This paper describes the basic forms of tax offences characteristic of income tax evasion and discusses how to solve them, with a particular focus on the implementation of cross-checking the tax base.

The tax havens between measures of economic stimulation and measures against tax evasion

Directory of Open Access Journals (Sweden)

Manea, A. C.

2010-11-01

Full Text Available In the literature but also in the legal language there are ever-increasingly met the current economic notions of tax havens, offshore companies, offshore law or double taxation. These concepts are encountered, however, in legislative efforts of combating domestic and international business and tax evasion, because such tax havens, although offering financial benefits to individuals or legal residents, make it virtually impossible to control, by the national tax services, the level of imposed income tax and the fees payable by the taxpayer, and all these through operations under the legislation of the States where there are these tax havens. The terminology of tax havens is replaced in recent years with the more discreet terms. of center of international finance or financial haven.

STUDY CONTESTING TAX RULES ON SOCIAL SECURITY CONTRIBUTIONS BY TAXPAYERS FROM ROMANIA

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Adrian Doru BÎGIOI

2015-07-01

Full Text Available The management bodies of companies must know and correctly apply tax law. There are, however, the practical situations, when, although they want to respect this, taxpayers are penalized by the tax authorities, because it did not comply with tax obligations. There are many factors that can determine this, among which: circumvent tax rules in order to avoid paying taxes and incorrect application of law. In this study was approached the second factor, namely: analysis of the most common situations in which both taxpayers as well fiscal authorities erroneously apply tax law. To achieve these results, was developed a study regarding the determination degree of contesting the tax rules, in area of social security contributions. Data subject research was extracted in the database officially published by competent insitutions tax. The research was conducted for the period January 1, 2004 and until February 28, 2015. In terms of research methodology, were used both quantitative methods and qualitative methods. Finally, data were centralized by type of articles, they are sorted according to the extent of contestation obtained. The final conclusion is that imprecise definition of the terms tax is one of the main causes which determines incorrect application of tax law. The results can be used especially by the subjects of tax legal relationship, to avoid situations the tax law is applied incorrectly, aspects that may lead to negative situations, both companies and the state institutions.

Tax Planning Implementation on Income Tax, Article 23 as A Legal Effort To Minimize Tax Expense Payable

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Achmad Daengs GS

2017-03-01

Full Text Available An effort to minimize tax burden can be done in various ways start from inside the scope of taxation regulation to violate the taxation regulation. This research focuses on related Laws with the efforts to minimize Income tax. In general tax planning referred to engineered the business process and tax payer transaction. The aim is tax payable in minimal number but under taxation regulation scope. The outline of this study focus on planning effort of Tax Income Article 23 to minimize tax expense payable run in PT. TRIPERKASA AMININDAH Surabaya. Tax planning that done in this company refer to provision  in accordance with  Directorate General of Tax Decision Number : Kep-305/PJ/2001 on the estimates of nett income. Tax planning had done by this company in addition to refer the regulation also based on the condition of this company which experiencing poor performance. Then the aim that will be reached from that tax planning to reach minimal expense over the Income Tax Article 23 it can be done with gross up method. From the analysis result on the alternative it can draw a conclusion that PT. TRIPERKASA AMININDAH  Surabaya  has made adjustments on the regulation above, calculation of Income Tax Article 23 with gross up method in fact be able to saving the tax then suitable with the tax planning aim that is effort to minimize tax expense payable.

The impact of European Union law on the possibilities of European Union Member States to adapt international tax rules to the business models of multinational enterprises

NARCIS (Netherlands)

Douma, S.; Kardachaki, A.

2016-01-01

European Union (EU) law has played a key role in enforcing the EU BEPS agenda, while also introducing limits to the application thereof. The European Commission (EC) sees a clear link between aggressive tax planning and competition law. Against this background, EU State aid law has been employed to

THEORETICAL CONSIDERATIONS ON INSOLVENCY AND JOINT LIABILITY ON TAX MATTERS

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POPEANGĂ VASILE NICOLAE

2015-03-01

Full Text Available Romanian legislation stipulates incident in tax as a way of fighting outstanding tax debts in relation to certain conditionalities, the tax authorities can declare the insolvency of the debtor taxpayer and attracting joint liability of third parties on which transfer tax claims extinguish the obligation owed by the insolvent. According to various editions of the Dictionary of the Romanian Language through insolvency means "a situation in which the debtor whose assets are worth less than all obligations would be satisfied with the goods" [DEX 1998] or "situation of the debtor to be in default of debt outstanding [DEX 2009]. From the perspective of civil law, "insolvency resulting from the inferiority of the assets may be subject by law enforcement, to the total amount of outstanding debt" [Law 287/2009 on the Civil Code, art. 1417]. From the perspective of tax law "is insolvent debtor whose income or assets are worth less than the outstanding tax obligations or who has no income or assets" [GO 92/2003 regarding the Fiscal Procedure Code, art. 176].

Legal Considerations of Tax Evasion and Tax Avoidance

OpenAIRE

Dániel Deák

2004-01-01

The study of fiscal non-compliance - in particular, that of tax evasion - is quite extensive in the literature of economics. Lawyers do not show much interest in fiscal anomalies. An exception for this is perhaps tax avoidance which is usually interpreted as the problem of the form and substance. Apart from the modest interest in irregularities in fiscal law, the legal theories of obedience, or disobedience, and coherence have grown significantly, thanks to the precept of William Ross on prim...

Sugary beverage tax policy: lessons learned from tobacco.

Science.gov (United States)

Pomeranz, Jennifer L

2014-03-01

Excise taxes on sugary beverages have been proposed as a method to replicate the public health success of tobacco control and to generate revenue. As policymakers increase efforts to pass sugary beverage taxes, they can anticipate that manufacturers will emulate the strategies employed by tobacco companies in their attempts to counteract the impact of such taxes. Policymakers should therefore consider 2 complementary laws-minimum price laws and prohibitions on coupons and discounting-to accomplish the intended price increase.

Ethics of Tax Law Compliance: An Interdisciplinary Perspective

Science.gov (United States)

Cummings, Richard G.; Longo, Peter J.; Rioux, Jean W.

2012-01-01

The first semester Tax I student seems to be interested in the ethical issue of why citizens should report their income and only take legitimate tax deductions when it is unlikely that anyone will ever know. This paper addresses this issue from an interdisciplinary approach of accounting, philosophy, and political science. The accounting…

Tax Incentives as Viewed by Economists and Lawyers

OpenAIRE

Fiekowsky, Seymour

1991-01-01

States that tax economists' and lawyers' views on tax incentives are flawed in ways that have contributed to their assent to unnecessary and counterproductive complication of the tax laws in the name of tax reform and to their complicity in growth of the fiscal burden in the form of inefficient tax incentives that are either unaccounted for or understated.

Constitutional principle of equality of citizens before the law in the Montenegrin tax system: The assessment of constitutionality of the Law on fees (taxes on services of public interest

Directory of Open Access Journals (Sweden)

Ilija Vukčević

2014-01-01

Full Text Available This paper elaborates the application of general constitutional principle of equality before the law in the area of taxation. The issue of the constitutionality of the Law on fees on access to certain services of public interest and on consumption of tobacco products and acoustic and electro acoustic devices represents the most comprehensive analysis of the subject matter. In this case, the Constitutional Court of Montenegro, among other awkward conclusions, has ruled that there is no constitutional basis for the application of the principle of ability-to-pay and the principle of proportionality in the area of taxation. This strange reasoning is the resemblance of the settled case practice of the Constitutional Court of Montenegro of evading the interference in issues related to constitutionality in tax matters. According to the Constitutional Court of Montenegro, such standing is the consequence of scarce constitutional provisions relating to taxation (e.g. there is no ex lege principle of ability-to-pay in the Constitution of Montenegro. In this way, Constitutional Court of Montenegro, intentionally or by accident, has placed this part of Montenegrin legal system out of its jurisdiction. This reasoning is unacceptable since, to certain extent, it undermines the whole legal system. By doing so, the Constitutional Court of Montenegro puts the Parliament of Montenegro out of the constitutional boundaries of Montenegrin legal system regarding the area of taxation, and gives the legislator the possibility to act without any constitutional control. This reluctance of the Constitutional Court of Montenegro can be attributed to the insufficient understanding of this sophisticated area of the legal system and the fear of delivering wrong decisions, or it can be interpreted as a deliberate retreat in front of the demand for unlimited powers exercised by the legislator in tax matters.

Economic Effects Real Estate Tax

Directory of Open Access Journals (Sweden)

Tadić Milan

2016-06-01

Full Text Available The real estate tax is usually a fiscal instrument which performs the property tax. When it comes to real property or immovable this term include: apartments, houses, land, cottages, excess housing landscape and more. The real estate tax as a form of the fiscal charges ownership or use of certain forms of real estate, and the revenue from this tax is levied on the area where the property is located regardless of the place of residence of its owner. The tax base for the calculation of this tax usually consists of the market, estimated or annuity value of certain real estate. This form of taxation in the Republic of Serbian applies from 1.1.2012., and its introduction has been replaced by former property taxes. The differences between the two concepts mentioned taxes are numerous and significant. Among the more important are: subject to taxation under the new concept of the real estate rather than law, a taxpayer is any property owner rather than the holder of rights to immovable property tax base is the market value of real estate which is replaced by the payment of taxes per square meter of usable area, the rate of property tax is determined local government, which can not be lower than 0.05% of the estimated value of the real estate nor higher than 0.5% of the appraised value of real estate. The last change, ie. The new law on Property Tax from 5.11.2015. was determined by the tax rate to 20%. The fact that local governments each of them determines the tax rate on real estate which range from high to low rates of multiple, makes this tax is progressive. Progression is particularly expressed in the distinction applied tax rates of developed and undeveloped municipalities, where we have a case that less developed tolerate a higher tax burden, which leads to negative economic effects. However, real estate tax has its own economic and social characteristics which must be aligned with the objectives of tax policy. This means that the real estate tax

Funding Charities Through Tax Law: When Should a Donation Qualify for Donation Incentives?

Directory of Open Access Journals (Sweden)

Adam Parachin

2012-01-01

Full Text Available Canadian income tax law provides incentives for taxpayers to make charitable donations. Since only those donations to charities qualifying as charitable “gifts” are eligible for donation incentives, the definition of gift bodes significant revenue implications for charities and government alike. The Income Tax Act does not, however, define the term gift. The tests applied by courts and regulators to identify gifts in the absence of a statutory definition are contradictory, unnecessarily restrictive, and inconsistent with the tax policy behind donation incentives. The recent attempt to improve the law through the proposed “split-receipting” rules has achieved little in the way of meaningful reform. The ideal solution is to adopt a statutory definition of “charitable donation” that will both broaden and clarify the range of eligible donations. / La loi canadienne de l’impôt sur le revenu prévoit des incitatifs visant à encourager les contribuables à faire des dons. Étant donné que seuls les dons faits aux oeuvres de bienfaisance qui se qualifient en tant que « dons » de bienfaisance peuvent donner droit à ces incitatifs, la définition du terme « don » est porteuse d’importantes répercussions fiscales, tant pour les organisations caritatives que pour le gouvernement. Toutefois, la Loi de l’impôt sur le revenu ne définit pas le terme « don ». Les critères appliqués par les cours et les autorités de réglementation pour identifier ce qui constitue un don, en l’absence d’une définition établie par la loi, sont contradictoires, inutilement restrictives et incohérentes avec la politique fiscale concernant les incitatifs accordés au titre des dons de bienfaisance. La récente tentative d’améliorer la loi avec les règles proposées sur le fractionnement des reçus n’a eu que peu de résultats pour mener à une réforme significative. La solution idéale est d’adopter une définition législative du

Nuclear fuel tax in court

International Nuclear Information System (INIS)

Leidinger, Tobias

2014-01-01

Besides the 'Nuclear Energy Moratorium' (temporary shutdown of eight nuclear power plants after the Fukushima incident) and the legally decreed 'Nuclear Energy Phase-Out' (by the 13th AtG-amendment), also the legality of the nuclear fuel tax is being challenged in court. After receiving urgent legal proposals from 5 nuclear power plant operators, the Hamburg fiscal court (4V 154/13) temporarily obliged on 14 April 2014 respective main customs offices through 27 decisions to reimburse 2.2 b. Euro nuclear fuel tax to the operating companies. In all respects a remarkable process. It is not in favour of cleverness to impose a political target even accepting immense constitutional and union law risks. Taxation 'at any price' is neither a statement of state sovereignty nor one for a sound fiscal policy. Early and serious warnings of constitutional experts and specialists in the field of tax law with regard to the nuclear fuel tax were not lacking. (orig.)

The financial lease after the tax reform in the Slovak republic

Directory of Open Access Journals (Sweden)

Ján Derco

2005-12-01

Full Text Available The paper deals with the calculations of leasing economics, derived from recently valid laws, mainly the income tax law. According to § 19 paragraph 3 letter a of the income tax law /ZDP/, the tax expenses represent a depreciation charge of tangible and intangible properties. The new law about the income tax allowed in precisely determined cases to claim depreciation charge not only to tax-payer, having the proprietorship or the administration right (if it relates to the state, village or the higher regional unit, but also to tax-payers who do not have this right if they count this property, incl. they count their property being rented by the form of financial leasing (§24 paragraph 1 letter. e. ZDP. The lessee by this way has the right the leasing object amortizes; despite he is not its owner. This represents a very advantageous, so-called leasing form of depreciation, when the lessees depreciates the property much earlier than using the balanced or accelerated depreciation.

浅析税法要求视觉下增值税会计核算相关建议%Suggestions on Value-added Tax Accounting under the Tax Law

Institute of Scientific and Technical Information of China (English)

宋新波

2012-01-01

现行税法要求下的增值税会计核算存在的主要问题是，会计报表相关会计增值税信息的反映揭露不足，会计主体闻的信息可比性缺失，税负有失公平、客观。实行现行税法要求下增值税会计核算，应构建“价税统一”的会计核算完善体系，坚持“财税分离”增值税会计核算原则，明确“费用观”的会计处理方法，逐步改进完善国家增值税体系机制，保证增值税会计核算实务处理走向正规化。%Under the current tax law, main problems exist in value-added tax accounting practice： the insufficient disclosure of value-added tax information in accounting statements, the omission of comparable information among accounting entities, and the less fair and objective tax burden. Coping measures are proposed in this paper including the establishment of a complete, unified sales revenue and tax accounting system, the principle of the separation between financial accounting and tax accounting, and an expense way of accounting, so as to gradually improve the mechanism for the value-added tax system and ensure the regularization of value-added tax accounting practices.

Tax planning: analysis between national simple and the estimated gain

OpenAIRE

Bassoli, Marlene Kempfer; Somma, Giovana Mattioli

2010-01-01

This study was initiated because of the need to define the legal situation that, really, is the tax planning in Brazil. The use of comparative method between the estimated gain and the national simple level to clarify an avoidance induced by the law, mainly, demonstrate the possibility of a reduced tax burden and tax savings for companies. Under the focus of the State of Law that honors the principles of strict legality and typicality closed. At first, the article focuses on Tax Planning, tal...

Zakat as Tax on the Perspective of Islamic Law

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Andi Bahri

2017-12-01

Full Text Available Zakat as one of the pillars in Islam with dimensions ubudiyyah, ijtimaiyyah and iqtishadiyyah. As a country with the largest Muslim population in the world, Indonesia will potential benefit in zakat management. Based on calculation, the number of Muslim population will produce more zakat to increase ummah well-being in the zakat is managed in professional and accountable ways.  Majority of zakat management problems includes limited qualified human skills and human resources (HR in zakat management. In addition,  weak regulations has also resulted in slow improvment in the optimization of zakat management. As a solution to the chronic problem is to provide urgent solutions in the zakat management organization (OPZ. This includes the involvement of stakeholders (government in regulating the mechanism of zakat management and promoting public education about the obligations of zakat contribution. The position of zakat profession in Islam has similar position with other zakat income. As the result, the most accurate term given to  zakat profession is zakat income (kasab. While the position between zakat and tax, there are three arguments: First, zakat and taxes are equally paid by every taxpayer and zakat obligators. Second, a Muslim chooses either of the two instruments: paying zakat or paying taxes only. Third, a muslim chooses one between; zakat or taxes, and assume his/her choices are representative of both. If he/she pays taxes, then he/she considers the tax as zakat from his property.

Tax incentives in emerging economies

OpenAIRE

Brodzka, Alicja

2013-01-01

Emerging economies have introduced tax incentives for various reasons. In some countries in transition, such instruments may be seen as a counterweight to the investment disincentives inherent in the general tax system. In other countries, the incentives are intended to offset other disadvantages that investors may face, such as a lack of infrastructure, complicated and antiquated laws, bureaucratic complexities and weak administration. The article brings closer the issue of tax incentives of...

Optimal Tax-Timing and Asset Allocation when Tax Rebates on Capital Losses are Limited

DEFF Research Database (Denmark)

Marekwica, Marcel

2012-01-01

to realize capital gains immediately and pay capital gain taxes to regain the option to use potential future losses against a higher tax rate. This incentive adds an entirely new and as yet unstudied dimension to the portfolio problem. It causes risk averse investors to hold more equity and attain higher......This article studies the portfolio problem with realization-based capital gain taxation when limited amounts of losses qualify for tax rebate payments, as is the case under current US tax law. When the tax rate applicable to realized losses exceeds that on realized capital gains, it can be optimal...... welfare levels than is the case when trading under a tax system that seeks to collect the same amount of taxes, but does not allow for tax rebate payments. This is because the benefit to these investors from having their losses subsidized is greater than the suffering from having profits taxed at a higher...

Tax Court allows tax credit for herbs and vitamins, not for massage.

Science.gov (United States)

Elliott, Richard

2002-03-01

In August 2001, the Tax Court of Canada issued its most recent judgment on the tax deductability of expenses for complementary/alternative therapies. The decision in Pagnotta v Canada is significant for people with HIV/AIDS who use such therapies. It also illustrates how provincial and federal laws regulating health-care practitioners and natural health products have a financial impact on the cost of accessing treatment.

The levying of capital gains tax at death

OpenAIRE

2013-01-01

LL.M. (Tax Law) Capital Gains Tax (“CGT”) was introduced with effect from 1 October 2001 by the insertion of section 26A and an Eighth Schedule into the Income Tax Act 58 of 1962, by the Taxation Laws Amendment Act 5 of 2001. Paragraph 40(1) of the Eight Schedule provides that a deceased person must, with certain exceptions, be treated as having disposed of his assets to his estate for proceeds equal to the market value of those assets as at the date of death. Paragraph 40(1A) of the Eight...

Problems of mineral tax computation in the oil and gas sector

Directory of Open Access Journals (Sweden)

Н. Г. Привалов

2017-04-01

Full Text Available The paper demonstrates the role of mineral tax in the overall sum of tax revenues in the budget. Problems of tax computation and payment have been reviewed; taxpayers and taxation basis of the amount of extracted minerals have been clearly defined. Issues of rental content of natural resource taxes are reviewed, as well as problems of right definition of the rental component in the process of mineral tax calculation for liquid and gaseous hydrocarbons.One of important problems in mineral tax calculation is a conflict between two laws – the Subsoil Law and the Tax Code of Russian Federation (26th chapter. There is an ambiguity in the mechanism of calculating amounts of extracted mineral resources – from the positions of the Tax Code and the Subsoil Law. The second problem is in the necessity to amend the mineral tax for oil extraction the same way as it has been done for gas extraction, when characteristics of each field are taken into account.This will provide a basis for correct computation of the natural resource rent for liquid and gaseous hydrocarbons. The paper offers recommendations for Russian authorities on this issue.

Financial Decisions, Tax Effect and Investment Performance

Directory of Open Access Journals (Sweden)

Yasemin COSKUN

2018-04-01

Full Text Available The aim of the study is to measure influence of taxation while making financial decisions and predict it with the general application in Turkey. Except for equity returns of financial and negative capital institutions registered in Borsa Istanbul between 2000 and 2012, those of all other businesses were calculated. In order to measure cost of capital, Capital Assets Pricing Model(CAPM was employed. Businesses were divided into for regions as stated in Tax Incentive Law according to the study. As stated in Tax Incentive Law, the businesses whose costs of capital were divided into six regions where statistical analysis was made to determine whether taxation influenced financial decisions of the related businesses based on Tax Incentive Law or not. Assessment of the findings within the study determined that businesses in 1 st, 2 nd and 3 rd regions were affected by taxation 5,69, 2,75 and 1,39 as means between 2007 and 2012, respectively. Accordingly taxation load of businesses in 1 st region provinces was found to be heavier than those of businesses in other regions. Considering the Tax Incentive Law, it was found to be statistically important that taxation load of the related region should be taken into account in making any financial decisions. In this respect, there is an impact of tax when one makes financial decisions. However, other relevant factors should also be considered.

Impacts of restructuring tabacco excise tax in the Philippines

International Development Research Centre (IDRC) Digital Library (Canada)

A recently approved law restructuring tobacco taxes in the. Philippines includes a steep increase in the excise tax (the tax paid by producers which ... part of Canada's International Development Research Centre. (IDRC), a Canadian Crown ...

Nationality non-discrimination in Serbian tax treaty law

OpenAIRE

Kostić Svetislav V.

2014-01-01

This paper deals with the nationality non-discrimination provision in Serbian double taxation treaties. First the author analyses the historical development of the nationality non-discrimination clause found the in the OECD Model Tax Convention and illustrates the dilemmas related to its interpretation, particularly the relevance of residence of taxpayers for comparability purposes and the application of Art. 24.1 of the OECD Model Tax Convention. Subsequently, the author turns his attention ...

Tax Treaty Interpretation in Spain

OpenAIRE

Soler Roch, María Teresa; Ribes Ribes, Aurora

2001-01-01

This paper provides insight in the interpretation of Spanish double taxation conventions. Taking as a premise the Vienna Convention on the Law of Treaties and the wording of Article 3(2) OECD Model Convention, the authors explore the relevance of mutual agreements, tax authority practice and foreign court decisions on the tax treaty interpretation.

Taxation of Foreign Foundations in Light of EU Law

DEFF Research Database (Denmark)

Werlauff, Erik

2016-01-01

a) The article analyses why it is necessary to consider European law when national tax law is to test whether a foundation (i.e., an independent institution) domiciled in another EU/EEA country can be considered as an independent tax subject. In Denmark the qualification for tax purposes...... of a foreign foundation has so far been decided on the basis purely of national tax law. The article argues that it is necessary to consider European law in the testing because it creates a restriction on the freedom of establishment and capital movement if the foundation is not approved as the ‘beneficial...... owner’ of the income received by the foundation. Such restriction must be able to be justified on the grounds of compelling reasons, suitability and proportionality. b) There has been a long-standing tradition in Denmark and undoubtedly also in many other member states, for tax law to be sceptic...

Generation Shifting and the Principle of Continuity in Norwegian Tax Law

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Zimmer Frederik

2014-05-01

Full Text Available With effect as from 1st January 2014 Norway abolished the inheritance tax and introduced the so-called continuity principle in income taxation. This means that heirs and receivers of gifts step into the tax basis and other tax positions of the giver and the deceased. Some additional requirements apply to some tax positions, in particular tax positions not related to assets (typically deferral of capital gains and carry forward of losses. Dwelling-houses and farms and forestries which the deceased or the giver could have sold without capital gains taxation is excepted.

A Failed Experiment: Georgia's Tax Credit Scholarships for Private Schools. Special Summary

Science.gov (United States)

Southern Education Foundation, 2011

2011-01-01

Georgia is one of seven states that currently allow tax credits for scholarships to private schools. The law permits individual taxpayers in Georgia to reduce annual state taxes up to $2,500 for joint returns when they divert funds to a student scholarship organization (SSO). Georgia's law providing tax credits for private school tuition grants or…

Tax Administration: Information on Selected IRS Tax Enforcement and Collection Efforts

National Research Council Canada - National Science Library

2001-01-01

...) in enforcing the nation's tax laws. These two topics will be discussed: (1) the relationship between IRS audits of taxpayers and other programs IRS uses to ensure that taxpayers returns are accurate, and (2...

Features of Responsibility for Commission of Tax Crimes Regulation under the Criminal Legislation of England

Directory of Open Access Journals (Sweden)

Ekaterina I. Gruzinskaya

2014-03-01

Full Text Available In the present article, author discusses features of regulating liability for tax offenses in British criminal law. Author researches question of taxation criminalization. Author emphasizes that it is important to separate tax evasion (illegal different ways from tax optimization (within the law. Author analyzes concept of "tax fraud", which can be defined as the deliberate actions of person to reduce taxes and committed through falsification of documents relevant to the tax authorities. In addition author considers tax fraud and other forms of criminal actions on the tax system under the British law, including tax cuts, tax resistance and refusal to pay taxes. Author concludes that forms of British economic crime compositions, depending on the way they were committed differentiates criminal liability. This question is more relevant in the process of punishment individualization because not all fraudulent evasion techniques will actually produce a much greater danger to society than "passive avoidance".

Unconditional conservatism in Brazilian public companies and tax neutrality

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Juliana Pinhata Sanches do Vale

2017-03-01

Full Text Available ABSTRACT Law n. 11,638/2007 legitimized the International Financial Reporting Standards (IFRS adoption process in Brazil and introduced an accounting system detached from tax purposes in the country. This law aims to reduce the influence of tax law on accounting standards and improve the quality of financial reporting, as IFRS are considered to be higher quality standards. International literature shows a reduction in earnings quality in environments where accounting and tax rules are strongly linked. Moreover, the influence of tax legislation on financial accounting is seen to encourage unconditional conservatism, a bias with no advantages for financial market efficiency. Thus, tax neutrality is expected to provide a more favorable institutional environment for quality financial reporting by detaching corporate accounting from tax accounting. In light of the above, this study aims to verify whether the advent of tax neutrality influences unconditional conservatism in Brazilian public companies. The methodology used involves panel data regressions. The sample consists of non-financial publicly-traded companies with information published in Economática® covering 2002 to 2014. The results show differences in the relationship between taxation and financial reporting between firms that are subject to different levels of monitoring in the Brazilian stock market. Evidence of unconditional conservatism is only found in companies that are subject to greater market monitoring. In this group, it is observed that taxation does not induce unconditional conservatism in reported earnings, which is expected in a tax neutrality context.

Fiscal Sovereignty of Member States and Tax Harmonization on Mutual Assistance for the Recovery of Tax Claims

Directory of Open Access Journals (Sweden)

Arina DRAGODAN

2011-08-01

Full Text Available This work presents the impact of harmonization of legislation on the recovery of claims relating to taxes and duties by the mutual assistance between the EU Member States for their tax sovereignty. The research is grounded upon previous studies on the same topic conducted in during the research stage within the Graduate School of Public Law and Tax Law at the University of Paris 1 Pantheon-Sorbonne, which was held during the year 2010. The objectives of the work aim at showing that tax sovereignty implies on the one hand the right of the National Parliament to determine taxes. On the other hand, taxation is the most important instrument of economic and social policy of the governments of member states. It is important to note that the States have broad discretion to create their own direct tax systems in a way that ensures best meet their objectives and internal politics as possible. With regard to the methodology, in order to realize this study it was used a combination of research methods, namely: bibliographical research, the systemic method, the logical method and the comparative method. We consider that our scientific approach presents timeliness and usefulness both academics and practitioners.

76 FR 17521 - Specified Tax Return Preparers Required To File Individual Income Tax Returns Using Magnetic Media

Science.gov (United States)

2011-03-30

... regulations reflect changes made to the law by the Worker, Homeownership, and Business Assistance Act of 2009... definition of a ``specified tax return preparer'' must electronically file Federal income tax returns that... of the Worker, Homeownership, and Business Assistance Act of 2009 (Pub. L. 111-92 (123 Stat. 2984...

Tax Law Asymmetries and Income Shifting : Evidence From Japanese Capital Keiretsu

OpenAIRE

Kazuki Onji; David Vera

2008-01-01

When positive and negative income are treated asymmetrically under a corporate income tax (CIT) without allowance for group taxation, a group of affi liated corporations may engage in tax avoidance by shifting income from profi table to unprofi table subsidiaries for the sole purpose of minimising the sum of tax liabilities of the group members. The aim of this paper is to offer systematic evidence on the behavioural response to a tax penalty that arises from doing business in multiple entiti...

Taxpayers' confidentiality and privacy rights in the international exchange of tax information

Directory of Open Access Journals (Sweden)

Anđelković Mileva

2014-01-01

Full Text Available The exchange of tax information is a distinctive feature of international tax cooperation processes. The trend of intensive communication between the national tax administrations has been a political priority in economically developed countries. This area of international tax law has been subject to significant changes in the past few years. Countries are prompted to pursue the automatic exchange of tax information by entering into multilateral treaties on the exchange of tax information rather than engage in international exchange of tax information upon request by entering into bilateral agreements. These processes are promptly expedited owing to the incredible development of information and communication technologies. These developments are basically aimed at preventing different forms of international tax fraud which generate significant financial losses in the circumstances of current economic crisis. Such efforts may be justifiable regarding the interests of the countries of residence; but, what about the legal status of ordinary taxpayers who are now subject to a comprehensive and far-reaching control? The new concept may be appropriate for tracking tax fraud or embezzlement but what are its implications for law-abiding taxpayers? The national legislatures are obliged to provide for the protection of confidentiality of exchanged tax information but many states have not fully recognized the importance of providing adequate legal protection of sensitive personal and financial data. There are only a few countries whose legislations explicitly prescribe the taxpayers' right to be informed, the right to consult tax administration and the right to seek tax administration intervention as a form of legal protection in international exchange of tax information. The Serbian tax legislation does not envisage the obligation of tax authorities to notify the taxpayers about the request submitted by foreign tax authorities to provide some tax

26 CFR 509.102 - Applicable provisions of law.

Science.gov (United States)

2010-04-01

... 26 Internal Revenue 19 2010-04-01 2010-04-01 false Applicable provisions of law. 509.102 Section... UNDER TAX CONVENTIONS SWITZERLAND General Income Tax § 509.102 Applicable provisions of law. (a) General... reason of any alteration of law in relation to internal revenue. (b) Retroactivity of regulations or...

INTERMEDIATE RESULTS AND LIMITS OF HARMONIZATION OF DIRECT TAXES IN THE EUROPEAN UNION

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Karina Ponomareva

2017-01-01

Full Text Available УДК 347.9The article is devoted to analysis of tax harmonization in the area of direct taxation in the European Union. Questions of positive and negative integration, common market and tax harmonization are analyzed.The author mentions the following benchmarks of the European tax integration: these are tax harmonization in the area of direct taxation, prohibition of discrimination and of unfair competition, leading role of fundamental freedoms in field of European integration.The direct effect of EU law is brought into light. The international treaty is a special source of law of Member States and it used in cases which can't be regulated by national legislation or by acts of integration law.Directives and regulations as sources of EU secondary law are described in the article. Their special features are also brought into light.International EU agreements and acts of cooperation in the area of taxation are also brought into light. The special role of soft law is also mentioned in the article.The special role of the European Court of Justice in forming of EU tax law is emphasized.The conclusion of the article is in the statement of importance of taxation in the forming of internal market in integration community.The expected results are important both from theoretical and practical points of view and include:working out the legal framework of direct taxation and finding out actual problems of integration tax law mentioning modern trends of cross-border taxation;recommendations of improving of harmonization mechanisms in the EAEU and improving of the Russian Tax Code.

Municipalities as the subjects of tax administration in the Republic of Lithuania.

Directory of Open Access Journals (Sweden)

Bronius Sudavicius

2017-01-01

Full Text Available УДК 342.5+347.73The subject. Article deals with problem of the participation of the municipalities in tax administration in the Republic of Lithuania.The purpose of the article is clarify how municipalities may participate in tax administration in the Republic of LithuaniaThe methodology of the research includes the analysis of Constitution and legislation of Republic of Lithuania, system analysis, logical-analytical method.Results, scope of it’s application. The existence of a unified state tax system, does not mean that the administrative-territorial unit (municipality do not possess certain powers upon the introduction of taxes and (or in the regulation of their collection. So, municipalities obtain part of the revenue by taxes, which rates are established by the councils of municipalities, not exceeding statutory dimensions, etc. Participation of municipalities in tax administration bases on the provisions of the Constitution on the law of the administrative territorial units to self-government and to have their own budget.Elements of centralization and decentralization, based on the recognition of the single state tax system, are combined in Lithuania in the determination of tax competence.The tax legislation of the Republic of Lithuania almost does not provide for local governments to participate in the tax collection process or in monitoring their collection.Tax laws provide the right to local authorities to refine (adjust the individual elements of taxes, although the establishment of these elements remain the exclusive right of bodies of the state (central authorities. Besides, local authorities have the right to establishment and the provision of common and individual tax benefits, the right to use the incomes received in the form of taxes, etc.Conclusions. Local authorities are involved in the process of tax regulation and possess a certain autonomy in this area – the Council of the municipality has the right to adjust tax

Study of interconnection of financial and tax accounting of profit in Russia and abroad

OpenAIRE

Labyntsev Mykola T.; Tsepilova Olena S.

2013-01-01

The article analyses the degree of interconnection of financial and tax accounting of profit in Russia and some foreign countries – USA, France and Germany. The legal principle – common law or unified law – is taken as a criterion. The article shows that existence of the system of tax accounting by one tax (organisation profit tax) separately from the financial accounting in Russia from 2002 is not rational. At present Russia actively develops a variant of making financial accounting and tax ...

Arizona Education Tax Credit and Hidden Considerations of Justice

Directory of Open Access Journals (Sweden)

Michele S. Moses

2000-08-01

Full Text Available The current debate over market-based ideas for educational reform is examined, focusing specifically on the recent movement toward education tax credits. Viewing the Arizona education tax credit law as a voucher plan in sheep's clothing, I argue that the concept of justice underlying the law is a crucial issue largely missing from the school choice debate. I question the libertarian conception of justice assumed by voucher and tax credit advocates, and argue instead that a contemporary liberal democratic conception of justice ought to undergird attempts at school reform. A call for educators and policymakers to concentrate energies on efforts to help needy students rather than on efforts to channel tax dollars toward self- interested ends concludes the article.

PROFIT TAX OR INCOME TAX? OPTIONS FOR FISCAL OPTIMIZATION OF ROMANIAN SMALL COMPANIES

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Doina Pacurari

2013-12-01

Full Text Available Entrepreneurs usually seek for solutions to reduce their tax burden. We can speak about tax optimization as long as these solutions are in accordance with the law; if they are not, they obviously fall into the area of fiscal fraud. This paper addresses the issue of taxation applicable to the Romanian micro-enterprises. These are small entities that fulfil certain conditions regarding total turnover, equity and domain of activity. Although the provisions applying to micro-enterprise taxation were elaborated, among others, with the intention to reduce tax evasion, they also allow the micro-enterprises with losses to avoid tax payment. In a country with low purchasing power and a great number of taxes and fees like Romania, the entrepreneurs are tempted to use any kind of method to reduce the payments due to the state budget. The micro-enterprise owners make no exception in this matter.

Legal and Administrative Feasibility of a Federal Junk Food and Sugar-Sweetened Beverage Tax to Improve Diet.

Science.gov (United States)

Pomeranz, Jennifer L; Wilde, Parke; Huang, Yue; Micha, Renata; Mozaffarian, Dariush

2018-02-01

To evaluate legal and administrative feasibility of a federal "junk" food (including sugar-sweetened beverages [SSBs]) tax to improve diet. To assess food definitions and administration models, we systematically searched (1) PubMed (through May 15, 2017) for articles defining foods subject to taxes, and legal and legislative databases as well as online for (2) US federal, state, and tribal junk food tax bills and laws (January 1, 2012-February 28, 2017); SSB taxes (January 1, 2014-February 28, 2017); and international junk food tax laws (as of February 28, 2017); and (3) federal taxing mechanisms and administrative methods (as of February 28, 2017). Articles recommend taxing foods by product category, broad nutrient criteria, specific nutrients or calories, or a combination. US junk food tax bills (n = 6) and laws (n = 3), international junk food laws (n = 2), and US SSB taxes (n = 10) support taxing foods using category-based (n = 8), nutrient-based (n = 1), or combination (n = 12) approaches. Federal taxing mechanisms (particularly manufacturer excise taxes on alcohol) and administrative methods provide informative models. From legal and administrative perspectives, a federal junk food tax appears feasible based on product categories or combination category-plus-nutrient approaches, using a manufacturer excise tax, with additional support for sugar and graduated tax strategies.

Accounting: Suggested Content for Postsecondary Tax Course

Science.gov (United States)

King, Patricia H.; Morgan, Samuel D.

1978-01-01

Surveys of community college graduates and of certified public accountants were made to determine employment relevance of the accounting curriculum. The article suggests topics from the study data which should be included in taxation courses, e.g., income tax accounting, corporate taxation accounting, and tax law. (MF)

EuGH: Innocuousness of the nuclear fuel tax according to the European community law; EuGH: Europarechtliche Unbedenklichkeit der Kernbrennstoffsteuer

Energy Technology Data Exchange (ETDEWEB)

Anon.

2015-08-14

The tax levied on nuclear fuel in Germany does not contravene European law. This was the conclusion of the European Court of Justice (ECJ) on 4 June. The ECJ has now, for the first time, made a clear decision on the admissibility of preliminary ruling proceedings referred to the ECJ and to the domestic constitutional court in parallel: Article 267 TFEU not only entitles the domestic court but even obliges it to submit issues that are decisive for the dispute to the European Court of Justice for interpretation or a decision on the applicability of European law. Such an obligation and the issue of incompatibility with European law did not depend on whether the same provision had been submitted to the domestic court for review or not. After all, even if a provision has been declared unconstitutional under domestic law it will still remain applicable for a certain period of time.

Tax issues in structuring effective cogeneration vehicles

International Nuclear Information System (INIS)

Ebel, S.R.

1999-01-01

An overview of the Canadian income tax laws that apply to cogeneration projects was presented. Certain tax considerations could be taken into account in deciding upon ownership and financing structures for cogeneration projects, particularly those that qualify for class 43.1 capital cost allowance treatment. The tax treatment of project revenues and expenses were described. The paper also reviewed the 1999 federal budget proposals regarding the manufacturing and processing tax credit, the capital cost allowance system applicable to cogeneration assets and the treatment of the Canadian renewable conservation expense

Questionnaire on Corporate Income Tax Subjects - Denmark

DEFF Research Database (Denmark)

Friis Hansen, Søren; Nielsen, Jacob Graff

In terms of tax policy, tax harmonization or coordination of corporate taxation in the EU is usually considered from two complementary points of view: tax base and tax rate. These two perspectives structure the debate whether EU Member States, and more broadly States belonging to the same economic...... area, should harmonize or coordinate their policies in tax matters. However, little attention has been paid so far to a more basic question: who are corporate taxpayers? Are they defined in the same way over Europe? This may be explained by the fact that the vast majority of tax systems accept the same...... fundamental idea: while companies limited by shares and limited liability companies should be subject to corporate income tax (CIT), partnerships should be considered fully or partly transparent for tax purposes. This general statement is nevertheless an oversimplification of reality. Comparative law indeed...

The oil tax regime of Azerbaijan

Energy Technology Data Exchange (ETDEWEB)

Anderson, Gerard

1998-07-01

Azerbaijan has a long history in the oil business and a chance of a spectacular future. To understand why the oil tax regime evolved into its present form and how it is likely to develop, it is necessary to know something of the country's history and the commercial environment. Consequently the presentation begins by discussing these items. It then outlines the Production Sharing Agreement regime in Azerbaijan and then deals with the Kazakh and Georgian Tax Codes, as these are likely to be the basis of a new general tax law in Azerbaijan from 1999. The presentation includes comments on the New Draft Tax Code of 1998.

The oil tax regime of Azerbaijan

Energy Technology Data Exchange (ETDEWEB)

Anderson, Gerard

1998-07-01

Azerbaijan has a long history in the oil business and a chance of a spectacular future. To understand why the oil tax regime evolved into its present form and how it is likely to develop, it is necessary to know something of the country's history and the commercial environment. Consequently the presentation begins by discussing these items. It then outlines the Production Sharing Agreement regime in Azerbaijan and then deals with the Kazakh and Georgian Tax Codes, as these are likely to be the basis of a new general tax law in Azerbaijan from 1999. The presentation includes comments on the New Draft Tax Code of 1998.

Income Tax Law: U.S. Armed Forces Training: Course Book.

Science.gov (United States)

Internal Revenue Service (Dept. of Treasury), Washington, DC.

The course book contains eight lessons designed for military Personnel learning how to properly prepare their U.S. Income Tax returns. The lessons cover the following subjects: requirments for filing returns of income and declaration of estimated tax; exemptions; gross income; exclusions and deductions to arrive at adjusted gross income;…

Income Tax Law: U.S. Armed Forces Training: Instructor Guide.

Science.gov (United States)

Internal Revenue Service (Dept. of Treasury), Washington, DC.

The instructor's guide provides eight detailed lesson plans for instructing military personnel in the preparation of their U.S. Income Tax Returns. The plans cover the following subjects: requirements for filing returns of income and declaration of estimated tax; exemptions; gross income; exclusions and deductions to arrive at adjusted gross…

ESTIMATION OF TAX BASE IN PERSONAL INCOME TAX AS A FORM OF SUPPORT FOR AGRICULTURE IN GERMANY

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Renata BUDLEWSKA

2015-08-01

Full Text Available Taxes in most EU countries are designed to financially support farms through lower tax rates. The preferential tax allowances and exemptions motivate farmers to undertake specific activities, in accordance with the main objectives of the agricultural policy. As a result of such activities, the agricultural sector receives additional support, which officially is not subject to public control, at the same time contributing to a considerable burden of EU budgets. The aim of the article is to evaluate the selected tax expenditures addressed to farmers, contained in the German personal income tax. The paper is an attempt to answer the question, whether the method for estimating income from agricultural production used in the German personal income tax law has an impact on reducing tax burdens of farm owners and what the consequences are for the agricultural sector, especially in the area of changes in the area structure of farms.

The main fiscal dispositions in the domain of energy and mineral raw materials as foreseen by the 2005 finances law and by the last 2004 amended law

International Nuclear Information System (INIS)

2004-01-01

This short paper summarizes in tables the main changes made in the 2005 French finances law and in the 2004 amended law about: the domestic tax on petroleum products (TIPP), the general tax on polluting activities (TGAP), the bio-fuel production units, the tax credits for the implementation of renewable energies in dwellings, the domestic tax on natural gas consumptions (TICGN) for greenhouse owners, the European harmonization of the added-value tax (TVA), the taxes on companies (IS), and the electric utility charges (CSPE). (J.S.)

KNOWLEDGE IS POWER. IMPROVING TAX COMPLIANCE BY MEANS OF BOOSTING TAX LITERACY

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Nichita Ramona-Anca

2015-07-01

Full Text Available Because empirical investigations entailing classical tax evasion models often reported consistent deviations from perfect rationality, social scientists interested in tax behavior have extended their area of research by focusing on compliance determinants outside the economic spectrum (i.e., tax rate, audit rate, penalty rate, income. Consequently, a manifold of variables from psychology (attitudes, norms, perceptions, sociology (education, gender or political science (fiscal policy, tax law complexity, voting were taken into account as determinants of taxpayers’ decisions. In addition, behavioral models like the Australian Taxation Office compliance model, New Zealand Inland Revenue compliance model or the “slippery slope” framework have incorporated such variables. Recent empirical developments have indicated that tax literacy can be counted as a significant determinant of tax compliance. Forasmuch compliance strategies exclusively grounded on coercion are rather costly (high monitoring outlays, large staff employed in the monitoring process, etc., generally yield short-term outcomes and may attract the resistance of otherwise honest taxpayers, authorities worldwide have begun searching for the adequate combination between cooperation and coercion, in which the emphasis on the former should prevail. State budgets are better off when authorities enact compliance strategies extensively built on cooperation, for they generate long-term results, require fewer outlays and secure the support of most honest taxpayers. The current paper draws on the effects of tax literacy (i.e., the level of tax knowledge on taxpayers’ behavior, highlighting miscellaneous strategies employed by national tax authorities around the world. As a general trend, increasing tax literacy among very young and soon-to-be taxpayers is preferred by several tax authorities, because potential contributors have to be accustomed to the requirements of tax systems before

International Investment Law and EU Law

DEFF Research Database (Denmark)

regional economic integration agreements, International Competition Law, International Investment Regulation, International Monetary Law, International Intellectual Property Protection and International Tax Law. In addition to the regular annual volumes, EYIEL Special Issues routinely address specific...... current topics in International Economic Law. The entry into force of the Lisbon Treaty entails sweeping changes with respect to foreign investment regulation. Most prominently, the Treaty on the Functioning of the European Union (TFEU) now contains in its Article 207 an explicit competence...... for the regulation of foreign direct investment as part of the Common Commercial Policy (CCP) chapter. With this new competence, the EU will become an important actor in the field of international investment politics and law. The new empowerment in the field of international investment law prompts a multitude...

LEVERAGING SUSTAINABILITY AS BUDGETARY RESOURCES THROUGH FINANCIAL LAW INSTRUMENTS

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IONEL BOSTAN

2016-02-01

Full Text Available Through this approach we intend on actually achieving glances on basic legal norms in the field of taxation - Tax Code and the Fiscal Procedure Code - in terms of their potential to confer sustainability of public financial resources. Therefore, after playing some considerations regarding the sustainability of fiscal resources, highlighting the relationship taxation - development, we stop on the first reunification tax laws in the context of the market economy in Romania (2003, marked by the adoption of the Tax Code - by law - and legislating procedure by governmental tax legislation, then the desire circumscribed debate issues of sustainability of public finances. By placing our focus on massive renewal of the provisions of the tax code, which took place in 2015, and treat problems related to sustainability, prudence, predictability and efficiency - as imperative contained in the Fiscal Responsibility Law. Creating the premises to ensure predictability of the tax system and the continuation of conduct necessary fiscal consolidation sustainable, by rewriting the Tax Code and re-systematization of rules of Fiscal Procedure are prominently presented in this paper (Part Two, to finally reveal the economic impact of rewriting Codes the tax area.

Tax Credit Scholarship Programs and the Law

Science.gov (United States)

Sutton, Lenford C.; Spearman, Patrick Thomas

2014-01-01

After "Zelman v. Simmons-Harris" (2002), civil conflict over use of vouchers and taxes to purchase private education, especially in religious schools, largely remained an issue for state courts' jurisprudence. However, in 2010, it returned to the U.S. Supreme Court when Arizona taxpayers challenged the constitutionality of the state's…

Tax and Citizenship Relations : A Critical Approach About Taxes in incidents the New Technologies : no Democratic Participation Services , Citizenship without Voice

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Nathalia Correia Pompeu

2016-06-01

Full Text Available Based on subdivisions that LC No. 116 of 2003 established the computer services, many companies are fined, particularly in cities such as S.o Paulo, which have different rates for the services of one item Attaches list of this Law, for not differentiate correctly the services provided. This is because, as the Law brings vague and imprecise concepts, they differ widely among the computing market, technical professionals and municipal tax area, causing quite a stir in the taxation of ISS. The importance of defining, understanding and define the various application of this tax concepts will bring legal certainty to those involved in the process as well, enable the technological development in the correct tax assessment of international contracts.

Nuclear fuel tax in court; Kernbrennstoffsteuer vor Gericht

Energy Technology Data Exchange (ETDEWEB)

Leidinger, Tobias [Gleiss Lutz Rechtsanwaelte, Duesseldorf (Germany)

2014-07-15

Besides the 'Nuclear Energy Moratorium' (temporary shutdown of eight nuclear power plants after the Fukushima incident) and the legally decreed 'Nuclear Energy Phase-Out' (by the 13th AtG-amendment), also the legality of the nuclear fuel tax is being challenged in court. After receiving urgent legal proposals from 5 nuclear power plant operators, the Hamburg fiscal court (4V 154/13) temporarily obliged on 14 April 2014 respective main customs offices through 27 decisions to reimburse 2.2 b. Euro nuclear fuel tax to the operating companies. In all respects a remarkable process. It is not in favour of cleverness to impose a political target even accepting immense constitutional and union law risks. Taxation 'at any price' is neither a statement of state sovereignty nor one for a sound fiscal policy. Early and serious warnings of constitutional experts and specialists in the field of tax law with regard to the nuclear fuel tax were not lacking. (orig.)

TAX AMNESTY : SEBUAH HARAPAN TERHADAP CAPITAL INFLOW

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Nanik Sisharini

2017-02-01

Full Text Available Taxation policy reforms has been done by the government with the issuance of Law No. 11 year 2016 about Tax Amnesty. The background of the issuance of this law : a there is still treasure the community both in the country and foreign who have not yet fully reported in the Annual Tax Income, b to increase state revenues and economic growth as well as awareness and compliance community in the implementation of tax obligations . Although the government wants tax amnesty� to secure tax revenue, but in general they wants it for the repatriation of capital. The goal is to increase the liquidity is getting tighter, so eventually bank deposits can be cheaper, bank lending rates fell and investment will� increase. In addition, the quality of economic growth will increase by decreasing of unemployment, inequality, and poverty. To obtain a Tax Amnesty, the tax payer must disclose truthfully how the property owned which have not paid or partially paid taxes in the Letter of Statement and pay the ransom that provisions stipulated in the Act, and not subject to administrative sanctions taxation and criminal sanctions in the area of taxation. The ransom money to be paid in full to the state treasury through the Bank Perception (Bank elected to hold funds Tax Amnesty. Institution Tax Amnesty container fund is 19 Banks, 19 securities firms, and 18 of the Investment Manager. Tax payers who intend to bring �funds owned to Indonesian territory, at least to invest of 3 years commencing from the funds transferred by the tax payer to the Special Account through the Bank Perception. Investment instruments include in the form of government securities of the Republic of Indonesia, the bonds of State BUMN, bond financing institution owned by the government, financial investments in the Bank's perception, bonds private companies whose trade is supervised by the Financial Services Authority, infrastructure investment through government cooperation with corporate

Evaluating the Costs and Benefits of Taxing Internet Commerce

OpenAIRE

Zittrain, Jonathan L.

1999-01-01

Current tax law--and the current technical architecture of the Internet--make it difficult to enforce sales taxes on most Internet commerce. This has generated considerable policy debate. In this paper, we analyze the costs and benefits of enforcing such taxes including revenue losses, competition with retail, externalities, distribution, and compliance costs. The results suggest that the costs of not enforcing taxes are quite modest and will remain so for several years. At the same time, com...

Tratados internacionais em matéria tributária e sua relação com o direito interno no Brasil The impact of the international treaties on tax law on the Brazilian law

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Gustavo Mathias Alves Pinto

2008-06-01

Full Text Available Este artigo tem como objetivo apresentar os principais aspectos a respeito do tratamento oferecido aos tratados internacionais em matéria tributária no ordenamento jurídico brasileiro. Para tal, o artigo analisa as características desses tratados enquanto fonte de direito internacional, seu posicionamento hierárquico perante a constituição federal e legislação infraconstitucional, bem como a jurisprudência mais relevante a respeito da matéria. Ao final, pretende-se demonstrar que, nos casos específicos sobre os quais tais instrumentos versarem, estes prevalecem sobre o ordenamento interno em razão do princípio da autolimitação da soberania no tocante à imposição tributária.The following article presents the main aspects of the interaction between tax treaties and national law within the brazilian legal system. The article analyses the characteristics of such treaties as sources of international law, their hierarchy before the constitution and legislation, as well as the relevant jurisprudence on the subject. The article aims at demonstrating that, regarding the specific situations addressed in its body, the tax treaty takes precedence over the national law, based on the principle of selflimitation of taxation power.

Are tent halls subject to property tax?

Directory of Open Access Journals (Sweden)

Mariusz Macudziński

2016-12-01

Full Text Available The presented publication is a response to currently asked questions and interpretative doubts of taxpayers and tax authorities, namely whether tent halls are subject to property tax. General issues connected with an entity and a subject of taxation of this tax are presented herein. The answer to the question asked is then provided through the qualification of constructions works and the allocation of tent halls in the proper category of the works, with the use of the current law.

Tax penalty payment and the “non bis in idem” principle

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Marie Karfíková

2017-01-01

Full Text Available The subject. This paper deals with problems related to tax law with a special focus on legalregulation of the tax procedure contained in the Czech Tax Procedure Code. Attention ispaid in particular to tax penalty payments and the “non bis in idem” principle.The purpose to identify ratio between penalty payments in tax procedure and in criminalprocedure in context of “non bis in idem” principle.The methodological basis of the article is analysis of legislation and court practice of Czechrepublic, Austria, European Union, including formal legal analysis, comparative analysis,synthesis, systematic approach.The results and scope of application. The existing case law of the Czech criminal courts andof the Supreme Court was based on the legal opinion that a penalty payment imposed bythe tax administration in a tax procedure constitutes no punishment, i.e. it is no sanction ofcriminal nature, so that even the final (enforceable decision of the tax administration doesnot create a “ne bis in idem”1 barrier in relation to criminal sanctions for the same taxesrelatednon-compliant action (tax evasion in respect of the penalty payment imposed bythe tax administration.Conclusions. It would probably be advisable for the legislation to amend the relevant provisionsof the Tax Procedure Code in a way that the tax authorities concentrate within thelimits of their powers on proper tax collection and that the law enforcement authorities areauthorized to punishments for deliberate tax evasion. A suggested amendment may thereforebe the removal of the penalty payments from the Tax Procedure Code as the defaultinterest itself is sufficient instrument enough to penalize the taxpayers. Another option is to keep the tax penalty payment in the Tax Procedure Code, but its imposition would only be considered after making sure that the result of any criminal proceedings does not constitute a “ne bis in idem” prohibition within the meaning of Art. 40 (5 of the

The importance and effects of BEPS multilateral convention in international tax law

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Popović Dejan

2017-01-01

Full Text Available The Multilateral Convention to Implement Tax Treaty Related Measures to Prevent Base Erosion and Profit Shifting is a result of the BEPS project carried out by the OECD and G20. The object and purpose of the BEPS Multilateral Convention is swift and consistent implementation of the agreed solutions aimed at preventing tax evasion or avoidance via modifications of the existing bilateral tax treaties, while providing for a high level of flexibility in the implementation. Signed on 7 June 2017, the Convention encompasses provisions on hybrid mismatches, treaty abuse, avoidance of permanent establishment status, improving dispute resolution and arbitration. The first four groups of norms have a bilateral impact on the relations between contracting jurisdictions regulated by their covered tax agreements; the effect of the optional provisions on arbitration is multilateral. The Convention contains two minimum standards each party is required to include in its covered tax agreements in an offered manner. The first one refers to the prevention of treaty shopping arrangements, while the second one concerns improvements in the dispute resolution. The flexibility is assured by granting each party the right to specify the tax treaties to which the Convention applies, to opt out of a wide range of provisions (apart from the minimum standards set out in the Convention as eligible for reservations, as well as to select an offered alternative. Serbia's position vis-à-vis the given choices has been elaborated. Serbia specified all its tax treaties as the 'covered tax agreements' but Germany, Switzerland and Sweden did not do the same with their respective treaties with Serbia. Serbia opted out of five articles of the Convention. While not contesting its importance, one may conclude that the Convention does not represent an announcement of a new multilateral tax order but rather a multilateral agreement of a number of states motivated by practical considerations.

Endangering of Businesses by the German Inheritance Tax? – An Empirical Analysis

OpenAIRE

Houben, Henriette; Maiterth, Ralf

2011-01-01

This contribution addresses the substantial tax privilege for businesses introduced by the German Inheritance Tax Act 2009. Advocates of the vast or even entire tax exemption for businesses stress the potential damage of the inheritance tax on businesses, as those often lack liquidity to meet tax liability. This submission tackles this issue empirically based on data of the German Inheritance Tax Statistics and the SOEP. The results indicate that former German inheritance tax law has not enda...

No. 3063. Proposal of law aiming at establishing an exceptional tax on the excessive profits of petroleum groups

International Nuclear Information System (INIS)

Schwartzenberg, R.G.

2006-05-01

The profits made by the six main oil companies (ExxonMobil, Shell, BP, Chevron, Philips and Total) reached 121 billion US$ in 2005, i.e. two times the gross domestic product of a country like Bulgaria. The beneficiaries of these profits are mainly the shareholders while a small part only is reinvested by oil companies in production capacities (the lack of refining capacities would be responsible for a third of the rise of petroleum products price). Considering the recent increase of automotive and space heating fuels price, this situation appears as neither legitimate, nor conformable with the general interest. The aim of this proposal of law is the establishment of a tax on excessive profits of oil companies. This tax would contribute to reduce the petroleum dependence of France and to prepare the French economy and society to the 'after-petroleum' era (development of collective transport systems, financing of research on alternate energy sources). (J.S.)

Tax compliance costs in the public sector : a case study in a public company services.

OpenAIRE

Roberto Carvalho Pinto de Mesquita

2013-01-01

Tax compliance costs are sacrifices of resources to understand and comply with all formalities which are required by tax law. In Brazil, those formalities of the tax laws are among the most complex and bureaucratic in the world and this has a direct influence on business costs, either for the payment of taxes in itself, is to meet the requirements of the legislation. The theme has attracted scientific interest, with the relatively recent development of research in the world, yet there are few...

The Russian petroleum tax system: evolution, effects and prospects

International Nuclear Information System (INIS)

Kemp, A.G.

1996-01-01

The investment climate in the Russian petroleum industry was the subject of this discourse. Legal uncertainties, particularly in taxation, have been identified as having had an inhibiting effect on investment incentives for all enterprises, domestic and foreign. For example, until recently taxes have been based on gross production revenues rather than on profits. Extensive and frequent changes in recent years have been moving towards a more profit related structure, with marked effect on investment incentives for both domestic and foreign companies. Passing of the Law on Production Sharing, and amendments to the Tax Code proposed in 1996, which are aimed at encouraging investment, were described. Further changes to make the Law on Production Sharing and the Tax Code more consistent with each other, and most of all, greater tax stability, were suggested as the most effective incentives to creating an improved investment climate. 1 ref., 1 tab., 30 figs

DID “TAX HAVENS” DISSAPEAR?

Directory of Open Access Journals (Sweden)

Ana-Maria GEAMĂNU

2013-10-01

Full Text Available The series of events from March this year, with Cyprus in the spotlight created a lot of debate around the status of the “tax havens”, Cyprus itself being for a long time nominated as one of them. Yet, the latest report of The Organization for Economic Cooperation and Development reveals the fact that due to the adherence to the standards of transparency and exchange of information on tax matters, there are currently only two states left to be called ”tax havens” and the list doesn’t include Cyprus. The aim of this article is to present the evolution of the former “tax havens” grouped on four main geographic areas where they are concentrated and to bring forward the important changes that have been made in terms of taxation and commercial laws in a revised and more regulated legal framework that has conferred these states the possibility to be erased from the black list of “tax havens”.

Analysis of revenue from Tax on Services of Any Nature (TSAN in Paraná: the impacts of fiscal responsibility law

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Rogélio Gerônimo dos Santos

2013-12-01

Full Text Available Brazil is as one of the countries with the highest tax burden in the world. Such taxation is necessary to cover the costs of services that are characteristics of the State and are demanded by society. However, the municipalities’ taxes have not shown significant impacts on city budget revenues. The objective of this study is to analysis the behavior of the collection per capita Tax on Services of Any Nature (TSAN, in the state of Paraná, in the period 1997-2011 with the impacts of the Fiscal Responsibility Law (FRL. The methodology is divided in two parts; first one deals with the theoretical discuss of taxation me, the second presents the spatial distribution of the collection of municipal taxes is determined through the use of techniques of Exploratory Spatial Data Analysis (ESDA – Index Moran Local and Global – to verify spatial autocorrelation between the municipalities of Parana and confirm the existence of spatial cluster. The results shown that in the period 2005-2011, there was an increase in the concentration of municipalities around the mesoregion of Curitiba in the clustering pattern high-high. Thus, it appears that the mesoregions “less expressive” of Parana, with respect to revenue per capita of the TSAN with the same intensity from mesoregion Metropolitan of Curitiba and mesoregion Center East.

Russia vows to end oil export tax

International Nuclear Information System (INIS)

Beck, R.J.

1992-01-01

This paper reports that Russia will eliminate its oil export tax by 1994 and until then will allow some exemptions, Russian officials have assured a group of US tax specialists. They stopped short of saying it would be repealed by the end of the year, the Ken Crawford, a member of a Tax Foundation delegation visiting Russia and managing partner of KPMG Peat Marwick's Moscow office. The export tax was one of several tax related Russian economic issues on which the US experts and Russian officials exchanged views early this month. The 15 member delegation was in Moscow on invitation from Russia's Ministry of Finance and State Committee on Taxation to help develop guidelines for laws governing Russia's taxation of foreign investment. The US group was sponsored by the Tax Foundation, Washington, DC, a nonprofit, nonpartisan tax and fiscal policy research and public education group

Tax issues in structuring effective cogeneration vehicles

International Nuclear Information System (INIS)

Yukich, J.M.

1999-01-01

A general overview of the Canadian income tax laws under which cogeneration plants will operate was presented. Highlights of some of the more important tax issues associated with cogeneration operations were included. This includes some of the specific rules dealing with the availability of the Manufacturing and Processing tax, credit, capital cost allowance, the Specified Energy Property rules and the tax treatment of Canadian Renewable and Conservation Expenses including the ability of a company to transfer such expenses to shareholders. Since it is expected that future cogeneration plants will have more than one owner, this paper reviewed the various legal structures through which multiple owners can own and run their cogeneration operations. Tax considerations related to the scale of a cogeneration plant were also reviewed

Good tax governance: A matter of moral responsibility and transparency

OpenAIRE

Gribnau, Hans; Jallai, Ave-Geidi

2017-01-01

Multinational corporations’ tax practices are hotly debated nowadays. Multinationals are accused of not paying their fair share of taxes. Apparently, acting within the limits set by law is not sufficient to qualify as morally responsible behavior anymore. This article offers ethical reflection on the current debate.The general public typically evaluates (aggressive) tax planning in moral terms rather than legal terms. Therefore, multinationals need to reflect on their tax planning strategy ne...

Double Taxation Agreements: Between EU Law and Public International Law

OpenAIRE

Hofmann, Herwig

2011-01-01

After the first drafts of the Treaty of Lisbon were available outside of the small circle of cogniscenti, specialists of the various policies tried to establish whether the new Treaty on European Union (TEU) and Treaty on the Functioning of the European Union (TFEU) contained anything relevant for their specific areas of law. People interested in tax law and those interested in the relation between EU law and public international law quickly established that one familiar yet not always well u...

The dynamics of tax havens: An analysis from an international and domestic perspective

OpenAIRE

Kolade, Deborah

2017-01-01

2017 dissertation for Master of Law in International Business Law. Selected by academic staff as a good example of a masters level dissertation. Since the occurrence of history’s biggest data leak known as Panama Papers, more\\ud focus has been placed upon offshore dealings and tax havens. With no clear\\ud definition on what tax haven is, this research will be exploring the usage of tax\\ud haven internationally whilst paying particular attention to the United Kingdom,\\ud it’s perspectives and ...

Object and subject of evasion of taxes and other compulsory payments

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Koval L.

2014-01-01

Full Text Available The paper is devoted to such topical issue of Criminal Law as Object and Subject of Evasion of Taxes and Other Compulsory Payments. There are analyzed researched crime determination problems, which are connected with subject and object of tax and other compulsory payments evasion. In the course of the research, the author has made the conclusions that the object of the evasion of taxes and other compulsory payments group is the national economic interests. The direct object is the national economic interests in the sphere of state revenues or the national fiscal interests. While analyzing the law and regulations it is concluded that the subject of the evasion of taxes and other compulsory payments is the tax base (income, property, expenses and consumption, taxes, state and local government fees, as well as other payments determined by the State. The author has also concluded that the subject of the evasion of taxes and other compulsory payments does not include increase in the tax principal debt, fine and late charge, which are covered by the financial responsibility. The subject of the evasion of taxes and other compulsory payments may not include also income from illegal activity or proceeds resulting from criminal offences.

THE EFFECTIVE LEVEL OF CORPORATE INCOME TAX IN THEEUROPEAN COUNTRIES

Directory of Open Access Journals (Sweden)

Adam Adamczyk

2012-01-01

Full Text Available Despite of the factthat European Union economy is the subject to integrationprocess, there has been no harmonization of corporate income taxation. Nocompulsion to adapt to common tax law requirements makes that many,especially new member states of EU, tends to use corporate income tax to attractcapital flows. The tax competition often takes a form of so called “race to thebottom” and consists in reducing tax rates. At the same time fiscal authoritiesusually broaden their tax bases in favor to increase the neutrality of the corporateincome tax.The main goal of this article is to measure the combined effect ofreducing statutory tax rates and broadening of tax bases in selected MemberStates.

Good Tax Governance: A Matter of Moral Responsibility and Transparency

Directory of Open Access Journals (Sweden)

Gribnau Hans J.L.M.

2017-07-01

Full Text Available Multinational corporations’ tax practices are hotly debated nowadays. Multinationals are accused of not paying their fair share of taxes. Apparently, acting within the limits set by law is not sufficient to qualify as morally responsible behavior anymore.

Post Implementation of Goods and Services Tax (GST in Malaysia: Tax Agents’ Perceptions on Clients’ Compliance Behaviour and Tax Agents’ Roles in Promoting Compliance

Directory of Open Access Journals (Sweden)

Muhammad Izlawanie

2017-01-01

Full Text Available The Malaysian government introduced the Goods and Services Tax (GST starting from 1 April 2015 to enhance the revenue collections and mitigate the transfer pricing manipulation. Tax agents play a significant role to help businesses to comply with GST law and regulations. After one year of GST implementation, it is vital to understand tax agents’ perceptions on clients’ compliance behaviour and tax agents’ roles in influencing compliance. A total of 30 registered tax agents completed a survey questionnaire. The analysis shows that tax agents devote their time to provide advice to their clients on meeting their GST requirements, and recording and reporting of GST transactions. Tax agents assert that clients pass on their GST responsibilities to tax agents to some extent. Tax agents also perceive that clients’ compliance level is low because clients occasionally submit GST03 after the deadline, compromise the accuracy of GST03 in order to get it done on time and intentionally make errors in their records. In terms of tax agents’ role in promoting compliance, the tax agents strongly agree that it is important for them to act as trusted advisors for their clients. After one year of GST implementation, this is the first study that explores tax agents’ perceptions on clients’ compliance and tax agents’ roles in promoting compliance. The findings benefit the Royal Malaysian Customs Department (RMCD in assisting tax agents and the public for future compliance. Similar study should be adopted by countries that have recently implemented GST (for example, India and it should be conducted to other GST players (i.e. taxpayers and RMCD officers on annual basis to analyse the behavioural trends and identify weaknesses in GST administration.

State laws on tobacco control--United States, 1998.

Science.gov (United States)

Fishman, J A; Allison, H; Knowles, S B; Fishburn, B A; Woollery, T A; Marx, W T; Shelton, D M; Husten, C G; Eriksen, M P

1999-06-25

State laws addressing tobacco use, the leading preventable cause of death in the United States, are summarized. Laws address smoke-free indoor air, minors' access to tobacco products, advertising of tobacco products, and excise taxes on tobacco products. Legislation effective through December 31, 1998. CDC identified laws addressing tobacco control by using an on-line legal research database. CDC's findings were verified with the National Cancer Institute's State Cancer Legislative Database. Since a previous surveillance summary on state tobacco-control laws published in November 1995 (covering legislation effective through June 30, 1995), several states have enacted new restrictions or strengthened existing legislation that addresses smoke-free indoor air, minors' access to tobacco, tobacco advertising, and tobacco taxes. Five states strengthened their smoke-free indoor air legislation. All states and Washington, D.C., continued to prohibit the sale and distribution of tobacco products to minors; however, 21 states expanded minors' access laws by designating enforcement authorities, adding license suspension or revocation for sale to minors, or requiring signage. Since the 1995 report, eight additional states (a total of 19 states and Washington, D.C.) now ban vending machines from areas accessible to minors. Thirteen states restrict advertising of tobacco products, an increase of four states since the 1995 report. Although the number of states that tax cigarettes and smokeless tobacco did not change, 13 states increased excise taxes on cigarettes, and five states increased excise taxes on smokeless tobacco products. The average state excise tax on cigarettes is 38.9 cents per pack, an increase of 7.4 cents compared with the average tax in the 1995 report. State laws addressing tobacco control vary in relation to restrictiveness, enforcement and penalties, preemptions, and exceptions. The data summarizing state tobacco-control laws are available through CDC

26 CFR 31.6402(a)-3 - Refund of Federal unemployment tax.

Science.gov (United States)

2010-04-01

... 26 Internal Revenue 15 2010-04-01 2010-04-01 false Refund of Federal unemployment tax. 31.6402(a... Provisions of Subtitle F, Internal Revenue Code of 1954) § 31.6402(a)-3 Refund of Federal unemployment tax... 3301 of the Federal Unemployment Tax Act or a corresponding provision of prior law, or (b) Interest...

Nationality non-discrimination in Serbian tax treaty law

Directory of Open Access Journals (Sweden)

Kostić Svetislav V.

2014-01-01

Full Text Available This paper deals with the nationality non-discrimination provision in Serbian double taxation treaties. First the author analyses the historical development of the nationality non-discrimination clause found the in the OECD Model Tax Convention and illustrates the dilemmas related to its interpretation, particularly the relevance of residence of taxpayers for comparability purposes and the application of Art. 24.1 of the OECD Model Tax Convention. Subsequently, the author turns his attention to the solutions found in Serbian double taxation treaties which are methodologically divided into three groups. One of them stands out as the most notable, being unique in global terms: double taxation treaties which provide for a prohibition of discriminatory treatment based on residence. The author critically addresses the fundamental flaws of the Serbian double taxation treaty policy which are recognized thorough a detailed scrutiny of the relevant norms of these international agreements.

Dance business - accounting, tax, legal and economic connections

OpenAIRE

Svitlík, Jan

2010-01-01

The thesis summarizes the most important conditions and duties of the beginning and process of dance business of sole trader from tax, accounting and business law view. Theoretic part mainly deals with the choice of legal form of business, tax accounting as an example of evidence of business process of sole trader and calculation of tax liability of sole trader. Practical part describes business process of dance school and applies to this real example some of the information of theoretic part...

The American Law Institutes Reporter’s Study of Corporate Tax Integration: A Critique

Science.gov (United States)

1994-02-14

retains current corporate income tax as a withholding mechanism for payment of the shareholder level tax, as a measure to ensure compliance, and as a...the burden of the corporate income tax will fall only on retained earnings." The immediate result of this method is more cash in hands of the...would convert the corporate income tax into a withholding mechanism for an ultimate tax on corporate source income at the shareholder level.9 Professor

Features and Advantages of Using Tax Havens

Directory of Open Access Journals (Sweden)

Botis S.

2014-12-01

Full Text Available The appearance of tax havens is tied to illicit money laundering process, evolving later under various illegal forms and currently they operate under the protective umbrella of beneficial jurisdictions belonging to some political protected States worldwide. For them to be capable of functioning, special conditions to attract investors have been created. The purpose of this study is to highlight the main features of the tax havens, their operating mechanism and peculiarities of their tax laws, offshore entities regime. The article concludes on the reason of the occurrence, the existence and proliferation of tax havens, as well as legislative efforts that are submitted worldwide to eradicate them in the perspective of future global economic and financial developments.

19 CFR 147.43 - Entry under the Customs laws.

Science.gov (United States)

2010-04-01

... 19 Customs Duties 2 2010-04-01 2010-04-01 false Entry under the Customs laws. 147.43 Section 147.43 Customs Duties U.S. CUSTOMS AND BORDER PROTECTION, DEPARTMENT OF HOMELAND SECURITY; DEPARTMENT OF... the Customs laws. (a) Payment of duties and taxes. Any applicable duties and internal revenue taxes on...

CONTROVERSIAL ASPECTS REGARDING TAX EVASION

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Mircea-Constantin SINESCU

2018-05-01

Full Text Available Throughout the paper, we have highlighted some controversial aspects regarding the crime of tax evasion, referring to some important decisions of the High Court of Cassation and Justice and also of the Bucharest Court of Appeal. Debating upon the impunity provision stated by art. 10 of Law no. 241/2005, the study also sheds light upon the issue of the perspective of the judicial organs regarding the juridical regime of the tax due for dividends. The main focus of the paper leads to the situations when there is legal ground for the tax due for dividends to be considered part of the damage caused by tax evasion crime. The study includes a short analysis of some relevant provisions of the Romanian Fiscal Code and also some aspects deriving from decisions issued by the Administrative and Tax Litigation Chamber of The High Court of Cassation and Justice concerning the legal regime of dividends. Consequently, the authors are presenting both perspectives of the interpretation of the issue regarding the tax due for dividends to be considered part of the damage caused by tax evasion crime, resulting from two decisions of the two Criminal Sections of The Bucharest Court of Appeal, also arguing in favour of the most solid interpretation among them

Good tax governance : A matter of moral responsibility and transparency

NARCIS (Netherlands)

Gribnau, Hans; Jallai, Ave-Geidi

2017-01-01

Multinational corporations’ tax practices are hotly debated nowadays. Multinationals are accused of not paying their fair share of taxes. Apparently, acting within the limits set by law is not sufficient to qualify as morally responsible behavior anymore. This article offers ethical reflection on

Range data reported to the requirements of the IAS 12 and impact of the IFRS adoption for tax purposes in the tax collection of the Czech Republic

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Simona Jirásková

2013-01-01

Full Text Available An issue of relationship between corporate income tax and accounting is one of the most discussed at present. Until recently the tax base was derived from the accounting profit defined in the Czech accounting law. But from 2004 there are companies which have to use IFRS in bookkeeping and financial reporting and from the perspective of the Czech accounting law they do not care about Czech accounting regulation. On the other hand Czech tax regulation has not accepted this change in the field of European accounting harmonization and still directs to pay tax on the basis of Czech accounting regulation for all entities. Fear of adverse change in tax collection is one of the main reasons why the Czech Tax Administration does not allow to pay income tax under profit or loss patterned on IFRS. The most important goal of this work is to characterize the relationship between accounting profit or loss under IFRS and the tax base of income and to find out the impact of taxation under profit in accordance with IFRS in total tax collection. Basic sample of all analyses consists of 35 accounting entities which mandatorily use IFRS and this sample was also confronted with a list of 106 major payers of income tax published yearly by the Ministry of Finance of the Czech Republic for the needs characterization of the relationship of profit under IFRS and the tax base of income.

The replacement of payroll tax by a tax on revenues: A study of sectorial impacts on the Brazilian economy

Directory of Open Access Journals (Sweden)

Wilton Bernardino da Silva

2015-01-01

Full Text Available A topic of current research in discussion about the Brazilian economy is the exemption from payroll taxes, which aims to stimulate competitiveness of the firms, boosting economic growth. This topic was introduced in Brazil by new laws that proposed replacing the payroll tax with a new tax on revenues. The payroll tax rate of 20% was replaced by a tax rate of 1% or 2% on revenue. This change has been applied primarily in labor-intensive economic sectors. In this paper, a neoclassical model was used to evaluate some sectoral impacts of these tax changes. The results show positive effects of this reform, among them, the increase in aggregate consumption and capital stock. Employment also grows in the labor-intensive sector. However, under a government revenue neutral scenario, these effects are almost completely lost, which shows some evidence about the low efficiency of these reforms.

Federal tax effects on the financial attractiveness of renewable versus conventional power plants

International Nuclear Information System (INIS)

Hill, L.J.; Hadley, S.W.

1995-01-01

In this paper, we examine the effects of federal tax laws on the financial attractiveness of seven renewable and four conventional electric power generating technologies adopted by investor owned utilities (IOUs) and non-utility electricity generators (NUGs). The results show that federal income tax laws applicable to renewable generating technologies generally provide very attractive financial incentives for the adoption of these technologies by IOUs and NUGs. If an IOU and NUG is subject to the alternative minimum tax, however, it may not be able to take full advantage of these financial incentives. (author)

26 CFR 3.7 - Tax treatment of nonqualified withdrawals.

Science.gov (United States)

2010-04-01

... and additions to tax under such sections, simple interest on the amount of the tax attributable to any... payment of interest with respect to such amounts. (b) Nonqualified withdrawals defined. Except as provided...(e). (e) Interest. (1) For the period on or before the last date prescribed by law, including...

Revenue and Health Impacts of Restructuring Tobacco Excise Tax ...

International Development Research Centre (IDRC) Digital Library (Canada)

A proposed law in the Philippines to increase the excise tax on tobacco by ... developing countries to reduce demand for tobacco through price and tax measures. Southeast Asian countries are struggling with how to implement the main provisions of the Convention. ... Far East Asia, Philippines, Central Asia, South Asia ...

Principles of taxation as a means of implementing fiscal function of the tax

Directory of Open Access Journals (Sweden)

К. О. Гетьман

2015-05-01

Full Text Available Problem setting. problems of the principles of taxation, as a means of implementing fiscal functions of tax for a long time did not go beyond scientific publications and was not even trying to solve them in tax legislation of Ukraine. Reform legislation, including in taxation, conducted before, even in terms of staging did not address the question of the principles of taxation. This approach did not promote cohesion of financial system, for a certain time did not allow to systematize financial legislation, part of which is tax legislation. The need for more detailed and comprehensive definition of common fundamental principles of development of financial systems and legal forms of action and ways to ensure the unity of the financial system relevant institutions and associations finance and financial law on these principles can be established only through comprehensive research system of taxation principles as a means of implementing fiscal function of the tax. Recent research and publications analysis. until today, the analysis of legal principles of taxation fixing occurred only in individual scientific articles and books devoted to the study of common problems of tax law. In this area next scientists showed their interests: A. V. Bryzgalin, L. K. Voronov, A. N.Gorbunov, N. V.Karasev, A. M. Kozyrina, M. P.Kucheryavenko, P. S.Patsurkivskoho, S. G.Pepeliaev, M. I.Piskotina, G. P.Tolstopyatenko, N. I. Himichevoyi, D. G.Chernika and others, which considered very general questions of legal regulation of taxes and fees, certain aspects of the content and classification principles of tax law. In the study of major problems dissertation widely used for foreign scientists E. Bradley, R. Dernberha, M. Janis, R. Kay, J. Stiglitz. Paper objective. The goal is to deepen scientific knowledge of the legal nature of the principles of taxation as a means of implementing fiscal functions of tax by developing a holistic and comprehensive scientific understanding

Compliance costs caused by agency action? Empirical evidence and implications for tax compliance

OpenAIRE

Eichfelder, Sebastian; Kegels, Chantal

2012-01-01

The compliance costs of private taxpayers are not only affected by the tax law itself but also by its implementation through the tax authorities. In this paper we analyze the effect of the tax authorities on the burden of complying with tax regulations. Using survey data of Belgian businesses and controlling for potential endogeneity, we find empirical evidence that tax authority behavior is an important cost driver. According to our estimate, a customer-unfriendly tax administration increase...

Tax Administration Systems and Tax Consciousness of Income Tax and Consumption Tax

OpenAIRE

横山, 直子

2015-01-01

Tax compliance costs of consumption tax are relatively high. Tax compliance costs for self-assessment taxpayers are high, and for withholding income taxpayers, the compliance costs are small. That is to say, characteristics of tax compliance costs for income tax and consumption tax are various. And also characteristics of tax consciousness for income tax and consumption tax are many and various. The features of this paper are to clarify characteristics of tax compliance costs and tax consciou...

Tax evasion – Notion and means to commit it

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Diana G. IONAŞ

2012-01-01

Full Text Available Tax evasion is the circumvention, by any means, from the enforcement or payment of taxes, contributions or any amounts owed to the state budget, the local budget, the state social insurance budget and the budgets for special funds by Romanian or foreign natural persons or companies, commonly referred to as tax payers in the text of the law. It is currently present under various methods and represents a direct and dangerous threat for society’s stability.

A New Tax System For Romanian Tourism Industry?

Directory of Open Access Journals (Sweden)

Traian-Ovidiu Calotă

2014-07-01

Full Text Available The enterprises from tourism industry may apply till the end of 2014 year one of two tax systems as follow: (i either tax on income system – quota of 3% applied to taxable income if the income’s value is less than 65.000 euro; (ii either tax on profit system for all other enterprises. The tax authorities intend to apply a 3rd system named “specific tax on certain activities”. We chose to analyze this new tax system for the listed bellow three main reasons: (i any enterprise – subject of paying tax on income or tax on profit – must analyze at the end of 2014 the new conditions mentioned by law in order to decide which tax system would be applied for the future period; (ii for the activities distinctly mentioned in CAEN Code, e.g. hotels restaurant’ and bar’s activities, the tax amount is no longer computed based on profit or income , but – instead – tax amount is computed based on several factors such as: the number of beds from hotel or the surface of restaurant.

TAX PLANNING : SEBUAH PENGANTAR SEBAGAI ALTERNATIF MEMINIMALKAN PAJAK

Directory of Open Access Journals (Sweden)

Yenni Mangoting

1999-01-01

Full Text Available It is not public's secret anymore, that if there are some efforts from tax payers, not only individual but also business entity to manage the amount of taxes that they have to be pay to the government. For them the taxes are cost, therefore they need to make some initiative or strategies to minimize the taxes liabilities in order to reach the optimal of the income after taxes. Generally, the strategies that have been done in a tax planning are considered taking advantages of the "holes" in tax regulation. That is why tax planning is not against the law. Abstract in Bahasa Indonesia : Bukan merupakan rahasia umum lagi, jika ada usaha-usaha yang dilakukan oleh wajib pajak, baik itu pribadi maupun wajib pajak badan untuk mengatur jumlah pajak yang harus dibayar. Bagi mereka pajak dianggap sebagai biaya, sehingga perlu dilakukan usaha-usaha atau strategi-strategi tertentu untuk menguranginya. Usaha-usaha atau strategi-strategi yang dilakukan merupakan bagian dari tax planning. Tujuan yang diharapkan dengan adanya tax planning ini adalah meminimalkan pajak terutang untuk mencapai laba sebelum pajak yang optimal. Biasanya startegi-strategi yang dilakukan dalam tax planning ini lebih pada memanfaatkan celah-celah atau lubang-lubang yang terdapat dalam undang-undang perpajakan. Oleh karena itu tax planning ini pada dasarnya tidak bertentangan dengan undang-undang. Kata kunci : taxes, tax planning, tax evasion, tax avoidance, biaya fiskal

Ecological tax reform - an optimal solution?. Critical remarks on the DIW study ''Economic effects of an ecological tax reform''

International Nuclear Information System (INIS)

Boehringer, C.; Fahl, H.; Voss, A.

1994-01-01

Through the latest expertise of the German institute for economic research (DIW) regarding an ecological tax reform, the discussion about a tax system considering the shortage of the ressource environment and a deficiency of demand regarding the ressource work is newly provoked. The focus of this article is a critical dealing with the methodical procedure of the German institute for economic reserarch when analyzing the national economic effect of a concretely formulated ecological tax law scenario. When assessing the overall economic consequences of a tax reform, it is recommended to use an analysis instrument, which is farly more consistent compared to the instruments by DIW, and which is more problem adequate through the increased resort to financial knowledge. Based on the obvious weakness of the DIW study, a more extensive comprehension for an ecological tax reform is pleaded for, standing out for an application of taxes based on division of labour and oriented to the objective. (orig./UA) [de

INCREASE TAX BASE AS INDICATOR OF SUSTAINABLE DEVELOPMENT COMPANIES

Directory of Open Access Journals (Sweden)

V. Iu. Padalkin

2014-01-01

Full Text Available Summary. The article analyzed the tax burden as an indicator of growth of production and security of financial activity of working capital. The most important duty of the enterprise - the taxpayer in accordance with paragraph 1 of art. 3 of the Tax Code of the Russian Federation is the responsibility to pay the legally established taxes and fees. However, according to article 45 of the Tax Code to claim 1 tax liability must be carried out within the period prescribed by law. Under the tax in accordance with paragraph 1 of article 8 of the Tax Code is understood mandatory, individually gratuitous payment collected from organizations and individuals in the form of alienation of their right to property, economic or operational management of funds for financial support of the state and (or municipalities. Tax regulation - measures the indirect impact on the economy of the state, economic and social processes by changing the types of taxes, tax rates, tax incentives to establish, reduce or increase the overall level of tax payments to the budget. So, tax cuts can stimulate production, and raising taxes - to restrain or even suppress some activities.

26 CFR 20.2055-3 - Effect of death taxes and administration expenses.

Science.gov (United States)

2010-04-01

..., succession, legacy, or inheritance tax is payable in whole or in part out of any property the transfer of... is bequeathed for a charitable purpose and is subjected to a State inheritance tax of $5,000, payable... with remainder over to a charitable organization, and by the local law the inheritance tax upon the...

Civil Law Legal Assistance: Lawyers Study Guide

National Research Council Canada - National Science Library

1999-01-01

.... Some topics discussed in this volume include interviewing and client counseling, preventive law programs, estate planning, family support, family law, separation agreements, consumers laws, income tax law, and a discussion of legislation such as the Soldiers and Sailors Civil Relief Act and the Uniformed Services Former Spouses Protection Act.

Study of interconnection of financial and tax accounting of profit in Russia and abroad

Directory of Open Access Journals (Sweden)

Labyntsev Mykola T.

2013-03-01

Full Text Available The article analyses the degree of interconnection of financial and tax accounting of profit in Russia and some foreign countries – USA, France and Germany. The legal principle – common law or unified law – is taken as a criterion. The article shows that existence of the system of tax accounting by one tax (organisation profit tax separately from the financial accounting in Russia from 2002 is not rational. At present Russia actively develops a variant of making financial accounting and tax accounting closer without a principal reconstruction of norms of tax legislation. Low level of interconnection of tax accounting and financial accounting is characteristic for the USA, which is one of the founders of the British-American (British-American-Dutch in interpretation of some authors accounting model. The level of interconnection of norms of financial and tax accounting is rather high in France and Germany and the taxation policy of the theoretical base of the accounting system, which allows speaking about the French-German accounting model.

Revenue and Health Impacts of Restructuring Tobacco Excise Tax ...

International Development Research Centre (IDRC) Digital Library (Canada)

Revenue and Health Impacts of Restructuring Tobacco Excise Tax in the Philippines. A proposed law in the Philippines to increase the excise tax on tobacco by 215% will likely have implications for tobacco control and consumption, and public health, not just for that country but for the region. Although half of deaths due to ...

Impact of future tax incentive legislation on the development of biomass energy

International Nuclear Information System (INIS)

Middleton, G.L. Jr.

1991-01-01

Historically, the use of biomass as an energy source has been subsidized by generous tax incentives. These tax incentives took the form of tax-exempt financing, the energy tax credit, the investment tax credit, and short depreciation lives. Common with tax incentives in other areas, the tax incentives for biomass projects have been curtailed in recent years. Given the appetite of Congress for revenue, it is not likely that the recent trend will reverse. If changes do occur, they are likely to involve liberalization of some oof the rules for tax-exempt debt. But even under current law, there are still tax advantages available for biomass energy projects, of which potential developers should be aware

Corporate Tax in European Union and the Theory of Corporate Finance

Directory of Open Access Journals (Sweden)

Iwin-Garzyńska Jolanta

2015-12-01

Full Text Available One of the main objectives to be accomplished by the European Union law is to eliminate barriers to the functioning of domestic market and in particular improve the competitiveness of enterprises. After several years of efforts, the European Commission approved a proposal for the directive on a Common Consolidated Corporate Tax Base which is to remove obstacles to the functioning of internal market and increase tax harmonization. The article is aimed at presenting the essence of CCCTB in the theory of corporate finance and its importance for enterprises, based on the survey of Polish and EU companies. The paper addresses issues relating to tax in corporate finance. Canons of taxation will be discussed and special emphasis will be placed on principles behind formulating fiscal law provisions (including the EU law. Furthermore, the article presents the results of surveys into the importance of taxation cannons for Polish and EU companies.

Tax war in Brazil: aspects and trends; Competicao fiscal no Brasil: aspectos e tendencias

Energy Technology Data Exchange (ETDEWEB)

Resende, Fabio Martins; Oliveira, David Brandao de [PETROBRAS S.A., Rio de Janeiro, RJ (Brazil)

2008-07-01

This paper issue aspects of tax war since the origin in Brazil until your apply after the tax reform with destiny principle. This work introduce with historical of tax system in Brazil. Besides approach the tax war with the game theory and practical examples to explain the advantage and disadvantage under fiscal responsibility law. Finally, we will discuss if will be continue the tax war developed in possible scenario the tax reform charging on the destiny state (author)

7 CFR 1925.2 - Definition of tax.

Science.gov (United States)

2010-01-01

... word “tax” means all taxes, assessments, levies, irrigation and water charges or other similar... securing the Farmers Home Administration (FmHA) or its successor agency under Public Law 103-354 loan. ...

Tax Evasion, an Integral Part of Corruption

Directory of Open Access Journals (Sweden)

Carmen Elena Coca

2014-05-01

Full Text Available State budget is considered to be the instrument of achieving social and economic objectives, with the ability to mediate its subsidies and tax incentives. Lack of funds, which are part of budget income, leads to incapacity of achieving the state duties, and this is the result of taxpayers avoiding to pay taxes. The need for delimitation between unlawful and lawful tax avoidance makes it useful to estimate the size of the phenomenon on its two forms of expression and raise awareness among political and administrative decision makers, in order to search and determine appropriate methods to limit and combat the phenomenon.

The coming changes in tax-exempt health care finance.

Science.gov (United States)

Carlile, L L; Serchuk, B M

1995-01-01

On December 30, 1994, the Internal Revenue Service (IRS) published proposed regulations (Proposed Regulations) that if enacted would significantly change the climate and rules of federal income tax law controlling the issuance and maintenance of tax-exempt bonds for governmental and 501(c)(3) health care borrowers. This article (1) summarizes the aspects of the Proposed Regulations dealing with private activity tests, management contracts, allocation and accounting rules, change in use of financed facilities, and antiabuse rules, and (2) summarizes the possible interrelationship of the IRS's audit program for tax-exempt bonds and the Proposed Regulations. The article reviews features of the Proposed Regulations that will affect either the costs or administrative burdens of managing the federal tax compliance of future tax-exempt health care borrowings.

Gas Law: contradictions with the Constitution, investment incentives and taxes aspects; Lei do gas: contradicoes com a Constituicao, incentivos aos investimentos e aspectos tributarios

Energy Technology Data Exchange (ETDEWEB)

Perdiz, Lauro Daniel Beisl; Sousa, Eduardo F. de; Chaves, Cleuber Sobreira da Silva; Flor, Ricardo Antonio Maciel [Universidade Salvador, BA (Brazil). Curso de Mestrado em Regulacao da Industria de Energia

2008-07-01

Based on the high increase of the participation of natural gas into the sources of energy in Brazil, and considering, on the other hand, the essential role of this energy source to guarantee energy supply in the coming years, the discussions involving the proposed Law of Gas, which is under consideration by the National Congress, has gained a lot of importance. The natural gas market in Brazil doesn't have yet a specific law to solve the legal conflicts involving all those who participate on the this productive chain. The law that regulates this market is the Federal Law n. 9.478/97 - the Petroleum Law. The greatest challenge of the proposed Law of Gas is to find a frontier defining where the activities of transportation and distribution of gas Begin and finish. This work will discuss the main legal aspects involving the proposed law. The possible situations of inconstitutionality of the proposed law will also be discussed. In the same way, the aspects connected to attraction of investments and taxes will be commented. The objective is to demonstrate the positive and the negative aspects involving the proposed law. The methodology to be used will be the research of documents. (author)

Carbon-related border tax adjustment: mitigating climate change or restricting international trade?

OpenAIRE

Kaufmann, Christine; Weber, Rolf H

2011-01-01

Border tax adjustments in the form of carbon taxes on products from countries with lax environmental production standards or in the form of a required participation in an emissions allowances' trading system have become a heavily debated issue under WTO law. Such an adjustment might be permissible if energy taxes as indirect taxes are applied on inputs during the production process. Compliance with the Most Favoured Nation principle has less practical importance than the not-yet settled liken...

Settlement of Tax Disputes in the Russian Federation and Germany

OpenAIRE

Anastasiya Alexandrovna Konyukhova

2015-01-01

This article is devoted to the settlement of tax disputes in the Russian Federation and the Federal Republic of Germany. The features of the conflict settlement mechanism are both shown in the stage of administrative and judicial review. In accordance with German law, the administrative stage of dispute resolution, carried out by the tax authority, always precedes the filing of a complaint to a court. Consequently, the taxpayer submits his first application in writing to the tax authority tha...

A CUT VIEW CONCERNING THE ECONOMICAL TRANSFORMATION GENERATED BY THE WEALTH TAX: SEIZURE FOR BAHTIYAR HAN

Directory of Open Access Journals (Sweden)

Başak ERGÜDER

2014-10-01

Full Text Available market and monopoly as target in eliminating the shortages caused by the money supply shortages and high inflation rates in Turkey during World War II. But the hidden goal of this this law was to realize an economical transformation. The classification of the taxpayers as G (Non-muslims, M (Muslims, D (Proselyte and E (Foreigners, the inclination towards real estates owners and merchants in tax assessment, tax collection made mostly in İstanbul caused a problematic table in terms of taxation principles. 87 per cent of all taxpayers in Turkey was non-muslims and 54 per cent was in İstanbul. 68 per cent of the taxes accrued in Turkey was accrued in Istanbul and 70 per cent of the taxes collected in the country was paid in İstanbul. It can be clearly seen in this table that this tax could not realise the principle of universality and equality and that the outputs of Wealth Tax was to realize the economical transformation. In this study, the outputs of the economical transformation generated by the Wealth Tax Law will be analyzed in terms of Turkification of the economy. Although the target of reducing the money supply and decreasing the inflation rates were not accomplished via Wealth Tax Law, the economic transformation, which was the hidden goal of the law, was realized. In this study it will be focused in the role of SEE’s and public organizations in the sales and seizures made due to Wealth Tax. The seizure of Bahtiyar Han’s possessions by the Soil Products Office will be analyzed. This case deserves to be discussed and analyzed in terms of showing the mentality of the economical transformation and of the role of the public organizations in this period.

Hay condiciones propicias para reforma tributaria estructural (A positive time for a tax reform)

NARCIS (Netherlands)

Buitrago Diaz, E.

2015-01-01

This publication deals with local taxes in Colombia, in particular the trade tax (a direct tax on income). The analysis focuses on the reforms proposed by the OECD and the impact of the current laws on trade taxation at the municipal level, ending in internal double and multiple taxation.

Evidence of Violations of Taxpayers Rights in Tax Investigation in View of Judicial Decisions

Directory of Open Access Journals (Sweden)

Burak PINAR

2016-07-01

Full Text Available The aims of tax audit are checking up the accuracy of the tax that must be paid, fixing and supplying them. With tax analysis, exactitude of taxpayer’s declaration is investigated, determined and obtained. In fact, this situation arises out of its being a process, preparing basis for the imposition transaction that tax department will lay. Eventually, there is not a possibility to file an annulment action against a report to be compiled as a result of tax analysis. Analyses, in principle, will be made at taxpayer’s working place, but if specific conditions occur, it will be made at the investigator’s department. Analyses will be realized by investigators designated in Tax Procedure Law. Investigator will inquire into the real character of the event that brings forth the tax. The burden of determining of real property on taxation procedures belongs to tax administration This situation is, in reality, a result of economical approach principle. Analyses done will be performed on especially on ledgers and documents; apart from that, it will be required to put forth tax assessments and assessment discrepancies found distinctly through evidences that will be obtained from the business firm and outside the business firm. So ıt has been being considered within the rigt of fair trial Protection of taxpayer is a basic requirement for the democratic state of law. Administrative services must obey all the rules of setting an administrative act. The lawmaker and government have to give a lot of importance to protective laws and regulations so as to provide justice and equity in taxation.

Freedom of Establishment and the Balanced Allocation of Tax Jurisdiction

DEFF Research Database (Denmark)

Poulsen, Martin

2012-01-01

The article analyzes the case law of the Court of Justice of the European Union in relation to the different justification grounds that Member States can rely on in regard to restrictive national tax measures. The main purpose of the article is to reconcile the different justification grounds...... in order to present a (more) coherent approach to evaluating national anti-abuse legislation. It is submitted that the justification ground of “balanced allocation of tax jurisdiction” and the arm’s length principle for allocation of income should form an important basis under EU law for the evaluation...

Effects of the petroleum tax reform

International Nuclear Information System (INIS)

Stensland, G.; Sunnevaag, K.; Tennfjord, B.S.

1992-04-01

The report evaluates the effects of the petroleum taxation in Norway. In connection with the general reform of the Norwegian industry taxation, changes are proposed in the petroleum tax law. The report gives a survey of the development in the Norwegian petroleum taxation, and analyses the effects of changing the tax revenue both for the Government and for the companies concerned. The effects of incentives caused by changing the taxation are looked upon. In the appendix the depreciation rules in connection with petroleum taxation are discussed. 18 refs., 17 figs

Tax revenue in Mississippi communities following implementation of smoke-free ordinances: an examination of tourism and economic development tax revenues.

Science.gov (United States)

McMillen, Robert; Shackelford, Signe

2012-10-01

There is no safe level of exposure to tobacco smoke. More than 60 Mississippi communities have passed smoke-free ordinances in the past six years. Opponents claim that these ordinances harm local businesses. Mississippi law allows municipalities to place a tourism and economic development (TED) tax on local restaurants and hotels/motels. The objective of this study is to examine the impact of these ordinances on TED tax revenues. This study applies a pre/post quasi-experimental design to compare TED tax revenue before and after implementing ordinances. Descriptive analyses indicated that inflation-adjusted tax revenues increased during the 12 months following implementation of smoke-free ordinances while there was no change in aggregated control communities. Multivariate fixed-effects analyses found no statistically significant effect of smoke-free ordinances on hospitality tax revenue. No evidence was found that smoke-free ordinances have an adverse effect on the local hospitality industry.

TAX & PUBLIC FINANCE: ETHIOPIAN SYSTEM FOR PROMOTIONAL ACTIVITIES

Directory of Open Access Journals (Sweden)

M. Moses Antony RAJENDRAN

2016-06-01

Full Text Available Tax is very important for each and every Government. As we are all know that taxation can be classified into direct and indirect taxes. Every Government need revenue to lead the economic, infrastructure, medical, transport, education, telecom, electricity, staff, research, to concession, subsidies, free facility for the unable sector community in the country. To generate the income Government has a constitution as a law to charge a tax for different sectors of people which brought into different categories of the people. No Tax, No Income; No Income, No Revenue; No Revenue, No Government. Government is a public which is common to the all of the people in the country. Whether the direct or indirect tax, the tax must be charged on the basis of the effort of the people income. Some people earn money with their hard work. Some people earn money easily. The easily earned income must be taxed more than the hard earned money. Ethiopian Taxation system is very important for raising income of the Government.

TAX & PUBLIC FINANCE : ETHIOPIAN SYSTEM FOR PROMOTIONAL ACTIVITIES

Directory of Open Access Journals (Sweden)

Moses Antony RAJENDRAN

2016-08-01

Full Text Available Tax is very important for each and every Government.  As we are all know that taxation can be classified into direct and indirect taxes. Every Government need revenue to lead the economic, infrastructure, medical, transport, education, telecom, electricity, staff, research, to  concession, subsidies, free facility for the unable sector community in the country.  To generate the income Government has a constitution as a law to charge a tax for different sectors of people which brought into different categories of the people.  No Tax,  No Income; No Income, No Revenue; No Revenue, No Government.  Government is a public which is common to the all of the people in the country. Whether the direct or indirect tax, the tax must be charged on the basis of the effort of the people income.  Some  people earn money with their hard work.  Some people earn money easily.  The easily earned income must be taxed more than the hard earned money.  Ethiopian Taxation system is very important for raising income of the Government.

A NEUROECONOMIC APPROACH OF TAX BEHAVIOR

Directory of Open Access Journals (Sweden)

Nichita Ramona-Anca

2012-07-01

Full Text Available Governments around the world register substantial losses due to tax non-compliance behavior. Whether it is tax avoidance or tax evasion, non-compliance has repercussions on the whole society because it mitigates the quality of the provision of public goods. Nevertheless, the level of tax compliance is significantly higher than the classical tax evasion model of Allingham and Sandmo (1972 predicts. A manifold of theoretical and empirical studies invalidate the assumptions of the classical model by trying to give answers to one of the most intriguing questions: Why people pay taxes? Taking into consideration these realities, we summarize some of the findings related to tax behavior within the emerging new field of neuroeconomics. Using state-of-the-art technology (non-invasive brain stimulation, non-invasive measurement of brain activity, pharmacological interventions to raise or lower the activity of neurotransmitters, eye-tracking or skin conductance response, neuroeconomics steps on the scene to give insights on the reasons for which taxpayers display a certain tax behavior. According to the neuroeconomics mainstream literature, emotions guide the decision-making process when outcomes are uncertain with regards to rewards and losses. At neural level, the amygdala triggers bodily states related to reward and loss and the ventromedial prefrontal cortex reenacts past experiences of reward and loss to predict future outcomes. Some taxpayers who decide to engage in tax evasion experience a positive feeling when anticipating the profit from dodging taxes, feeling that is triggered by the amygdala. Other taxpayers donn#8217;t engage in tax evasion because they want to avoid negative feelings (shame, guilt, regret. Oxytocin facilitates dopamine release which is a positive physiological motivation for cooperation. As a consequence, taxpayersn#8217; trust levels increase and, with it, increases the propensity to comply with the tax law. Besides

The Meaning of Avoidance and Aggressive Tax Planning and the BEPS Initiative

OpenAIRE

Wilde, Maarten; Wisman, Ciska

2016-01-01

markdownabstractThis national report has been prepared as a contribution to the Conference of the European Association of Tax Law Professors entitled ‘Tax Avoidance Revisited: Exploring the Boundaries of Anti-Avoidance Rules in the EU BEPS Context. The conference is to be held in Munich, Germany, on 2-4 June 2016. The national report – quite comprehensively – deals with the phenomena of tax avoidance and tax planning by multinationals and the addressing of these in the Netherlands’ corporatio...

The Individual Taxpayer Utility Function with Tax Optimization and Fiscal Fraud Environment

Directory of Open Access Journals (Sweden)

Paweł Pankiewicz

2011-11-01

Full Text Available In this paper I examine a taxpayer utility function determined by the extended set of variables – i.e. consumption, labor and tax-evasion propensity. This constitutes the main framework for the analysis of taxpayer’s decision making process under assumption that in the economy there exist two main reduction methods: a access to tax optimization techniques, which may decrease effective tax burden and are fully compliant with binding laws, but generate transactional costs and 2 possibility of fiscal fraud – in particular tax evasion, as the alternative method of reducing tax due, which has no direct transactional costs, but involves tax litigation risk.

ROLE OF TAX PENALTIES IN TAXPAYERS EDUCATION

Directory of Open Access Journals (Sweden)

Iulia CAPRIAN

2015-04-01

Full Text Available Fiscal control is a form of state financial control bodies from the Ministry of Finance, the instrument we have available to public authorities for monitoring and determining the methods and techniques to ensure the financial resources of the state constitution, in this case, tax revenue is the overwhelming them. Businesses, regardless of its ownership, which profit from their activity, are required by law to calculate and pay taxes to the budget in the amount and terms provided by the regulations.

Law proposal aiming at imposing the domestic consumption tax to the natural gas used for hydrogen generation for petroleum refining purposes

International Nuclear Information System (INIS)

2009-04-01

In France, natural gas benefits from tax exemptions in several situations and in particular when used as raw material for hydrogen generation, which in turn, is used for crude oil refining and fuels generation. However, crude oil is cheaper when it is heavier but more hydrogen, and thus more natural gas, is needed to refine it and more CO 2 is released in the atmosphere. Therefore, refining cheap crude oil increases the refining margins of oil companies but their environmental impact as well. The aim of this law proposal is to impose the domestic consumption tax to natural gas when used in oil refining processes in order to finance the development of the renewable hydrogen industry through the creation of a High Council of Hydrogen Industry. This High Council would be in charge of promoting the development of renewable hydrogen production facilities and distribution circuits, of hydrogen-fueled vehicles, and of fuel cells. (J.S.)

Page | 226 TAX OFFENCES: CLOGS IN THE WHEEL OF ...

African Journals Online (AJOL)

Fr. Ikenga

The jurisprudence of this paper is on the examination of criminality in tax offences and the effects of ... Lecturer and Formerly, Coordinator, Department of Business Law, Faculty of Law, ..... for about 80 percent of government revenue in the past has also drastically decrees .... The FIRS made similar arrests earlier in the year.

Study on Structures of Aggressive Tax Planning and Indicators

DEFF Research Database (Denmark)

Meldgaard, Henrik; Bundgaard, Jakob; Weber, Katja Dyppel

As a response to the increasing sophistication of tax planners in identifying and exploiting the legal arbitrage opportunities and the boundaries of acceptable tax planning, policy makers across OECD, G20 and EU countries have taken steps to ensure that taxation duly takes place where economic...... value is generated and where the economic activity is actually carried out. In this context, the European Commission sees a strong need to obtain increased knowledge of the tax laws and practices of Member States of the European Union, which may expose particular jurisdictions to aggressive tax planning...... (ATP). The present study was commissioned with the aim to: 1. Identify model ATP structures; 2. Identify ATP indicators which facilitate or allow ATP; 3. Review the corporate income tax systems of the EU Member States by means of the ATP indicators, in order to identify those tax rules and practices...

The most-favoured-nation clause in tax treaties: tool for potential reduction of withholding income tax applicable to Chile and Canada

Directory of Open Access Journals (Sweden)

Renée Antonieta Villagra Cayamana

2013-07-01

Full Text Available Tax treaties to avoid the double taxation signed by a country have consequences for the future, but they can also modify the terms of treaties that are already in force, in case these contain most-favoured-nation clauses. In this line, taxpayers and companies, particularly, as well as the Tax Administration must be alert, regarding topotential modifications of the terms of the Peruvian tax treaties already in force; mainly about the withholding tax rate applied to royalties in the Convention subscribed with Chile and the withholding tax rates applied to dividends, interests and royalties in the Convention subscribed with Canada, taking into account that both of the mentioned tax treaties contain most-favoured-nation clauses for those kind of income. The Ministry of Economy, as the entity in charge of negotiations of the bilateral conventions, according to Law Decree 25883, has the responsibility of negotiating future treaties with full knowledge that the terms to be included could also cause the effect to decrease the withholding tax rates of the income tax in respect to conventions already in effect, as a consequence of the most-favoured-nation clause they contain.

Non-execution of laws or decisions of a taxation body

Directory of Open Access Journals (Sweden)

Ekaterina Vladimirovna Shestakova

2015-09-01

Full Text Available Objective to consider the protection of both the state and the taxpayer in order to improve the implementation of laws and decisions of tax bodies basing on the fact that the central problem of tax legislation is the problem of nonexecution of the Taxation Code and judicial acts. Methods general and specific scientific methods of research were used including systematic and structured problemtheoretical formallegal logical methods etc. Results the reasons are analyzed of nonexecution or improper execution of legislative acts and court decisions by taxpayers. It is concluded that the taxpayer has fewer possibilities to force the tax body to execute the court decision while these possibilities of the taxpayer are hidden in the Taxation Code. Recommendations are given to increase the opportunities for taxpayers to protect their rights from the arbitrariness of bureaucratic bodies means of taxpayersrsquo rights protection are systematized. Scientific novelty the main problem of nonexecution of the laws and decisions of tax bodies is the presence of persons who do not fulfill their responsibilities as taxpayers. In addition the reasons of nonexecution of laws and decisions of tax authorities are not systematized as well as the issues of combating these trends and the statutory possibilities of the taxpayerrsquos nonexecution of the laws and decisions of tax bodies as a means of protecting their interests. However the development of the law enforcement system can be achieved by improving the taxpayersrsquo rights protection. The author proposes specific measures to improve the taxpayer protection which will increase the citizens awareness and the budget replenishment. Practical significance of the study is to protect the state by improving the protection of every citizen and legal entity. The taxpayer should know that the state is not only a punitive mechanism but a mechanism that can protect a particular taxpayer. nbsp

Aspects of financial history in Romania. Reform and reformers. The financial tax reform accomplished BY Nicolae Titulescu

Directory of Open Access Journals (Sweden)

Ciobanu, R.

2012-01-01

Full Text Available This paper presents a brief history of the financial reform designed by Nicolae Titulescu at the beginning of the 1920’s. His tax reform law was formulated after thorough research of other European tax systems. He tried to implement it while he was Minister of Finance. Even though the law was adopted, it was never enacted. It met a certain amount of controversy in the Assembly of Deputies. The analysis made also tries to explain the cedular tax system.

Income Tax Act, 1989 (No. 1 of 1989), 6 April 1989.

Science.gov (United States)

1989-01-01

This Saint Lucia Act revises and consolidates the law relating to income tax. It contains the following provisions, among others: 1) income accrued to a married woman is to be taxed in her own name; 2) the spousal deduction is set at $1500; and 3) the child deduction is set at $1000.

State cigarette minimum price laws - United States, 2009.

Science.gov (United States)

2010-04-09

Cigarette price increases reduce the demand for cigarettes and thereby reduce smoking prevalence, cigarette consumption, and youth initiation of smoking. Excise tax increases are the most effective government intervention to increase the price of cigarettes, but cigarette manufacturers use trade discounts, coupons, and other promotions to counteract the effects of these tax increases and appeal to price-sensitive smokers. State cigarette minimum price laws, initiated by states in the 1940s and 1950s to protect tobacco retailers from predatory business practices, typically require a minimum percentage markup to be added to the wholesale and/or retail price. If a statute prohibits trade discounts from the minimum price calculation, these laws have the potential to counteract discounting by cigarette manufacturers. To assess the status of cigarette minimum price laws in the United States, CDC surveyed state statutes and identified those states with minimum price laws in effect as of December 31, 2009. This report summarizes the results of that survey, which determined that 25 states had minimum price laws for cigarettes (median wholesale markup: 4.00%; median retail markup: 8.00%), and seven of those states also expressly prohibited the use of trade discounts in the minimum retail price calculation. Minimum price laws can help prevent trade discounting from eroding the positive effects of state excise tax increases and higher cigarette prices on public health.

The effect of business characteristics on tax compliance costs

Directory of Open Access Journals (Sweden)

Popi Fauziati

2018-05-01

Full Text Available Compliance fee is the cost incurred by the taxpayers in fulfilling the taxation requirements imposed on the taxpayers by the law and the authority of the country. The company expects to incur the minimum tax costs associated with fulfilling its tax obligations. Research on the influence of business characteristics to tax compliance cost is still scanty. This research examined the effect of business characteristics (age, size, sector and risk management on tax compliance costs. The research design adopted in this study is survey design. The questionnaires were distributed to the members of De-partment of Cooperatives and Micro Small-Medium Enterprises in Padang City. The non-probability sampling was used as the sampling method and 92 respondents participated in this re-search. The data obtained were analyzed using Statistical Package for Social Sciences (SPSS. The research findings indicate that age, size and sector have no effect on tax compliance costs while risk management has an effect on tax compliance costs.

The Meaning of Avoidance and Aggressive Tax Planning and the BEPS Initiative

NARCIS (Netherlands)

M.F. de Wilde (Maarten); C. Wisman (Ciska)

2016-01-01

markdownabstractThis national report has been prepared as a contribution to the Conference of the European Association of Tax Law Professors entitled ‘Tax Avoidance Revisited: Exploring the Boundaries of Anti-Avoidance Rules in the EU BEPS Context. The conference is to be held in Munich, Germany, on

Book-tax conformity in Polish private companies

Directory of Open Access Journals (Sweden)

Anna Białek-Jaworska

2016-12-01

Full Text Available The purpose of this paper is to identify whether financial income differs significantly from the tax base in Poland and what determines these differences between accounting and taxable results in Polish private entities that are not listed on the stock exchange. In this paper, besides examining the level of book-tax conformity in Poland, we investigate the determinants of book-tax differences in the one-book and twobook accounting systems, with deferred income tax. We use the single factor ANOVA variance analysis, robust fixed effects estimator and the fixed effects linear model with an AR(1 disturbance estimator for panel data of 26,657 private limited liability and non-public joint-stock companies for the period of 2003–2014 (177,667 firm-year observations. The originality of this paper results from the deep quantita-tive analysis of the determinants of book-tax conformity on a novel dataset of Polish private firms. We confirm a strong significant influence of tax law on the shape of the one-book accounting system in Poland. Larger enterprises show fewer book-tax differences. Book-tax conformity is lower in private companies that incur financial losses and in private companies conducting the one-book accounting system. Family-owned companies have higher mean and median book-tax conformity than businessgroups members, due to higher demand for information from their accounts to support stewardship func-tions and to monitor the activities of the management board in the business groups.

MECHANISM TRANSFER PRICING AND THE NEED INTRODUCTION COMMON CONSOLIDATED CORPORATE INCOME TAX TRANSNATIONAL

Directory of Open Access Journals (Sweden)

Gheorghe Grigorescu

2013-06-01

Full Text Available Transfer pricing mechanism is a tool commonly used to transfer the tax base in countries with high tax countries with lower taxation. In the European Union the financial operations generate tax revenue losses. In an attempt to limit manipulation by corporate tax systems, many public authorities have introduced transfer pricing rules, but these rules has shown limited efficacy, however, contribute to the increasing complexity of tax laws and the emergence of additional costs for companies. This paper deals with the concrete examples, the solution to solving the problem of transfer pricing in the European Union by the introduction of common consolidated corporate income tax.

Distinguishing community benefits: tax exemption versus organizational legitimacy.

Science.gov (United States)

Byrd, James D; Landry, Amy

2012-01-01

US policymakers continue to call into question the tax-exempt status of hospitals. As nonprofit tax-exempt entities, hospitals are required by the Internal Revenue Service (IRS) to report the type and cost of community benefits they provide. Institutional theory indicates that organizations derive organizational legitimacy from conforming to the expectations of their environment. Expectations from the state and federal regulators (the IRS, state and local taxing authorities in particular) and the community require hospitals to provide community benefits to achieve legitimacy. This article examines community benefit through an institutional theory framework, which includes regulative (laws and regulation), normative (certification and accreditation), and cultural-cognitive (relationship with the community including the provision of community benefits) pillars. Considering a review of the results of a 2006 IRS study of tax-exempt hospitals, the authors propose a model of hospital community benefit behaviors that distinguishes community benefits between cost-quantifiable activities appropriate for justifying tax exemption and unquantifiable activities that only contribute to hospitals' legitimacy.

CFC legislation and its compliance with Community Law : Sweden's lack of double CFC tax relief

OpenAIRE

Kerr, Evelina

2009-01-01

CFC legislation has become an instrument to protect national tax bases and minimize the abusive effects of international tax planning. The Swedish CFC legislation is found in chapter 39a of the ITA whereas it is established under what circumstances CFC taxation can arise. If a shareholder of a foreign legal entity is liable of CFC taxation in Sweden such a holder is also entitled to deduct tax paid by the CFC abroad. The purpose of the granted tax credit is to avoid double taxation, although ...

Automatic exchange of information: towards a new global standard of tax transparency

OpenAIRE

Miguel Eduardo Pecho Trigueros

2014-01-01

Tax authorities are increasingly relying on mutual cooperation with their foreign peers to enforce more effectively their internal tax laws. After the banking scandals of 2008 and the subsequent global financial crisis, the Global Forum on Transparency and Exchange of Information for TaxPurposes has proposed the exchange of information upon request as the fiscal transparency standard. However, some measures adopted by the European Union, previous initiatives from the Organization for Economic...

The tax system and agreements on the avoidance of double taxation

OpenAIRE

Kohoutová, Petra

2013-01-01

1 Abstract: The tax system and agreements on the avoidance of double taxation This diploma thesis "The tax system and agreements on the avoidance of double taxation" is focused on practical issues in the field of using international corporate structure in order to decrease the tax liability applicable on entrepreneurs. The diploma thesis includes the basic description of the legal rules applicable in the Czech Republic, such as acts and also international treaties. In the field of EU law, the...

DO PENALTIES AND ENFORCEMENT MEASURES MAKE TAXPAYERS MORE COMPLIANT? THE VIEW OF AUSTRALIAN TAX EVADERS

OpenAIRE

Dr Ken Devos

2013-01-01

The tax compliance literature indicates that many factors, including, economic, social, psychological and demographic, impact upon the compliance behaviour of individual taxpayers. This study explores the relationship, if any, that exists between selected tax compliance and demographic variables and the compliance behaviour of Australian individual tax evaders. The study employed a mixed method research approach comprising both a survey and interviews. The findings revealed that tax law enfor...

The History of Tax Administration of Kosovo and its Efficiency

Directory of Open Access Journals (Sweden)

Nakije Kida

2013-04-01

Full Text Available This document provides a brief description of the work in the field of taxation and efficiency in execution of Tax Administration of Kosovo (TAK, inspired by my work in this institution. This work presents the systematic connection of taxpayers, the Tax Administration of Kosovo (TAK and revenue growth within a 12 year period. TAK work effect is conditioned by the level of the staff engagement which leads the tax policy, honest engagement of tax officials and effective enforcement of tax laws based on international best practices. This means that countries that have promoted European Union tax rules have significantly gained better working practices but also collecting the most revenue without applying penalties or closure of businesses. This study examines the short-and long-term effectiveness of TAK. We have found complementarities tax laws of the Republic of Kosovo with EU rules, implying a positive outbreak of their administration. This paper focuses on presenting positive sides as well as opportunities for a greater engagement to a general and dynamic framework for accountability and expected results in a short term. It also treats the policies that are directly and strongly incorporated in the work of TAK. Reducing of the risk of tax evasion, full integration of electronic payment system (E-banking of taxpayers, the successful realization of the pilot project for the establishment of electronic files is a challenge for TAK. Low level of economic integration and political risk of the north of the country are the two elements that have a negative impact on the strength and the will of businesses to pay on the one hand and the effect of collecting revenue from TAK on the other side.

A Comprehensive Review of State Laws Governing Internet and Other Delivery Sales of Cigarettes in the USA

Science.gov (United States)

Chriqui, Jamie F.; Ribisl, Kurt M.; Wallace, Raedell M.; Williams, Rebecca S.; O’Connor, Jean C.; el Arculli, Regina

2014-01-01

All U.S. states regulate face-to-face tobacco sales at retail outlets. However, the recent growth of delivery sales of tobacco products by Internet and mail order vendors has prompted new state regulations focused on preventing youth access and tax evasion. To date, there are no comprehensive and systematic analyses of these laws. The objectives of this study were to: (1) document the historical enactment of the laws; (2) assess the nature and extent of the laws; and (3) conduct preliminary analyses to examine the relationship between states with laws and other factors that might predict enactment of or be impacted by these laws. Between 1995 and 2006, thirty-four states (67%) enacted a relevant law, with 23 states’ laws (45%) enacted between 2003 and 2006. Four states banned direct-to-consumer shipment of cigarettes. The remaining 30 states’ laws included a combination of requirements addressing minimum age/ID, payment issues, shipping, vendor licensure and related issues, tax collection/remittance, and penalties/enforcement. States with delivery sales laws also have stronger state excise tax rates, youth access to tobacco policies, and state tobacco control environments as well as higher cigarette excise tax revenue, past month cigarette use rates, and perceptions of risk of use by adolescents. This paper provides the policy context for understanding Internet and other cigarette delivery sales laws in the U.S. It also provides a systematic framework for ongoing policy surveillance and will contribute to future analyses of the impact of these laws on successfully reducing youth access to cigarettes and preventing tax evasion. PMID:18236290

Relief for marginal wells is better than energy tax

International Nuclear Information System (INIS)

Swords, J.; Wilson, D.

1993-01-01

By increasing production costs and reducing petroleum prices, President Bill Clinton's proposed energy tax would increase marginal well abandonments and hasten the decline of the US oil and gas industry. Instead, the US needs tax law changes to help counteract the increasing number of oil and gas well abandonments in the lower 48 states. The proposed tax would create potential difficulties, while three incentives could be introduced to reduce abandonments and at the same time preserve US government tax revenues that otherwise would be lost. Eliminating the net income limitation on percentage depletion allowances on wells that would otherwise be abandoned would be a great help for marginal well operators. Extended enhanced oil recovery (EOR) credits and broader investment tax credits could also serve the dual purpose of keeping marginal wells operating longer and generating more federal tax revenues. A marginal well investment tax credit should be provided that is not just a credit for incremented investments that exceed investment in prior years. An investment tax credit based on out-of-pocket costs of production, targeted for marginal wells, would be an important incentive to invest in, and continue to maintain, these properties. (author)

Corruption and Tax Evasion = Yolsuzluk ve Vergi Kaçakçılığı

Directory of Open Access Journals (Sweden)

Sacit Hadi AKDEDE

2006-06-01

Full Text Available Corruption and tax evasion problems have been investigated separately before. Tax evasion is also considered to be a corrupt behavior itself. However, in this paper, corruption is taken to be a bribe taken by a government official and tax evasion is defined as an illegal act to avoid paying taxes by violating tax laws. An interesting research question would be to see whether corruption can induce tax evasion in individuals ? It is found in the paper that the size of bribe can negatively affect tax evasion. It is shown that when a bribe is sufficiently large, taxpayers prefer to pay their taxes voluntarily, not to evade taxes.

TAX AND ACCOUNTING TREATMENT ON THE REVALUATION OF TANGIBLE ASSETS IN ROMANIA

Directory of Open Access Journals (Sweden)

NICOLAE ECOBICI

2017-02-01

Full Text Available According to the regulations in force, the revaluation is an alternative treatment to the cost method, tangible assets to be presented in accounting to the fair/ reassessed value. In this paper we aim to capture the accounting treatment established under the laws in force in 2017. We will present ways of determining the reassessment differences and their implications on determining the tax on buildings (only tangible assets as buildings. We will also present the way to register the added value (revaluation surplus or minus value (amortization on reassessment and the treatment of the revaluation reserve (surplus from reassessment recorded in account the 105 “Reserve from reassessment” in accounting. Comparing the laws in force and those of IAS 16, we conclude that the accounting treatment related to the revaluation of tangible assets is similar. There remain unusable for the entities that do not apply IFRS in Romania: permanent reassessment of the duration of use and amortization method. Throughout the paper we will present the tax treatment of reassessment through corporate tax implications. Therefore, we will consider that the entities to which we refer are in the category of corporate tax payers and not in that of microenterprises. They no longer feel the influence of corporate tax because are taxed on income and not at the fiscal result (1% for those with at least 1 employee and 3% others. The main findings focus on the issue of identifying the exact moment when the reassessment reserve is taxed and on what are included in items similar to income, corporate tax implications.

TEACHING AND WRITING TAX LAW IN ETHIOPIA: EXHIBIT 'B' FOR ...

African Journals Online (AJOL)

user

has been, at least since the recent past13, the principal factor in the dearth of ... long article by Taddese Lencho on VAT exemption of financial services15 was ... Ethiopia 1; Misrak Tesfaye (2008), Ethiopian Tax Accounting: Theory and ...

THE LINK BETWEEN HUMAN DEVELOPMENT AND TAX COMPLIANCE: EVIDENCE FROM A MEDIATION ANALYSIS

Directory of Open Access Journals (Sweden)

BǍTRÂNCEA LARISSA

2015-12-01

Full Text Available By performing mediation analysis with the state-of-the-art bootstrapping technique (95% bias-corrected and accelerated confidence interval; 5000 bootstrap resamples on a worldwide sample pool of countries and territories, it is shown that human development level influences citizens’ decisions to comply with tax laws via trust in authorities. The higher the human development level, the more people tend to trust public authorities. As a result of the increase in public trust, citizens act in accordance with tax laws by honestly reporting taxable income and paying dues in time.

Federal tax incentives and disincentives for the adoption of wood-fuel electric-generating technologies

International Nuclear Information System (INIS)

Hill, L.J.; Hadley, S.W.

1995-01-01

In this paper, we estimate the effects of current federal tax policy on the financial criteria that investor-owned electric utilities (IOUs) and non-utility electricity generators (NUGs) use to evaluate wood-fuel electric-generating technologies, distinguishing between dedicated-plantation and wood-waste fuels. Accelerated tax depreciation, the 1.5 cent/kWh production tax credit for the dedicated-plantation technology, and the alternative minimum tax are the most important tax provisions. The results indicate that federal tax laws have significantly different effects on the evaluation criteria, depending on the plant's ownership (IOU vs NUG) and type of fuel (dedicated-plantation vs wood-waste). (Author)

77 FR 13385 - Identification of Interstate Motor Vehicles: New York City, Cook County, and New Jersey Tax...

Science.gov (United States)

2012-03-06

...) Under the International Registration Plan under section 31704; (2) Under the International Fuel Tax... of highway use taxation not subject to collection through the International Fuel Tax Agreement; (3... International Fuel Tax Agreement * * * or under an applicable State law if, on October 1, 2006, the State has a...

Tax Havens - The "Black Hole" of the International Finance

Directory of Open Access Journals (Sweden)

Florin Boghean

2016-01-01

The article presents, in general, tax evasion both theoretically and practically, examines thevarious ways in which evasion is interpreted by the laws and regulations adopted in the fiscalfield,the ways that lead businessmen to perform and fraudulently register operations. Also, we aimat characterising thestates that help the economic operators and the individuals, by means of taxhavens and implicitly offshore companies, in order to avoid the payment of certain taxes that arehigher than in the home country.

A Failed Experiment: Georgia's Tax Credit Scholarships for Private Schools

Science.gov (United States)

Southern Education Foundation, 2011

2011-01-01

Georgia is one of seven states that currently allow tax credits for scholarships to private schools. Georgia's law was enacted in May 2008 in order to assist low income students to transfer out of low performing public schools. Operations under the new act began in late 2008. The law permits taxpayers in Georgia to reduce their annual state taxes…

Healthcare organizations and the Internet: impact on federal tax exemption.

Science.gov (United States)

Woods, LaVerne; Osborne, Michele

2002-01-01

Tax-exempt healthcare organizations have turned to the Internet as a powerful tool in communicating with the public, medical staff, and patients. Activities as diverse as providing links to the Web sites of other organizations, selling goods and services, soliciting contributions, and hosting forums on the Internet raise unresolved questions concerning the impact of Internet use on such organizations' tax-exempt status. The Internal Revenue Service has provided no guidance to date regarding the manner in which a nonprofit organizations' use of the Internet may affect its tax-exempt status or subject it to federal income tax on some sources of funds. This article suggests analytical approaches for applying existing law in the Internet context and identifies areas that are ripe for additional guidance.

THE SUCCESS OF COMPANIES OPERATING IN THE AREA OF TAX HAVENS

Directory of Open Access Journals (Sweden)

ENEA CONSTANTIN

2015-12-01

Full Text Available What is an offshore company? It is a company operating outside the country in which it was established. What is a tax haven? It is a country or jurisdiction where companies have tax advantages usually zero tax. (eg Andorra, British Virgin Islands, Panama, Liechtenstein, Cayman Islands, Seychelles, Cyprus, Malta, etc. How do I open an offshore bank account? Opening an account is a particular problem, which is mostly open once the offshore company is established. Paradise is characterized by the absence levies tax as tax on the income of individuals or legal entities, in respect of succession duties, and of course as tax on capital. Consequently, these areas generally did not sign tax agreement designed to avoid double taxation, having nothing to negotiate in this direction; the several agreements signed disclaim reception facilities made available to foreign investors. Foreign source income will generally support the tax levy the maximum light source of local law provisions. The rule that a very low tax burden, or even an absence of tax levy, generates tax havens should be relaxed. In this paper we decided to present three main areas of interest are the old tax havens: banking and insurance companies, shipping companies and investment and development activities.

Taxpayers’ motivations relating to tax compliance: Evidence from two representative samples of Austrian and Dutch self-employed taxpayers

NARCIS (Netherlands)

Gangl, Katherina; Hofmann, Eva; Groot, de Manon; Antonides, G.; Goslinga, Sjoerd; Hartl, Barbara; Kirchler, Erich

2015-01-01

Tax compliance is assumed to be shaped by three main motivations to comply: enforced, voluntary, and committed motivation. Taxpayers, who hold an enforced motivation to comply, only pay taxes because of audits and fines for non-compliance. Voluntary motivated taxpayers respect the law and pay taxes

Transfer pricing principles in VAT Law

DEFF Research Database (Denmark)

Jensen, Dennis Ramsdahl

2011-01-01

The main part of the article is devoted to a critical analysis of the optional transfer pricing provisions in the EC VAT Directive in the light of the principle of fiscal neutrality. As an integrated part of this analysis, the VAT transfer pricing regime is considered in the light of the well......-known principles for transfer pricing in the area of income tax law, as set out in Art. 9 of the OECD Model Tax Convention. The last part of the article contains a brief discussion of to which extent it is desirable to harmonize the two tax systems´ transfer pricing rules....

Would Tax Evasion and Tax Avoidance Undermine a National Retail Sales Tax?

OpenAIRE

Murray, Matthew N.

1997-01-01

Argues that shifting to an indirect tax system (a national sales tax) will not necessarily reduce tax avoidance and tax evasion behavior by businesses and individuals, particularly if the tax rate is set high to maintain revenue neutrality. Lack of experience in administering a high-rate, indirect tax system precludes definitive statements regarding the likely extent of tax base erosion under a national sales tax.

38 CFR 1.902 - Antitrust, fraud, and tax and interagency claims.

Science.gov (United States)

2010-07-01

... of the antitrust laws or to any debt involving fraud, the presentation of a false claim, or... whole or in part on conduct in violation of the antitrust laws or any claim involving fraud, the... 38 Pensions, Bonuses, and Veterans' Relief 1 2010-07-01 2010-07-01 false Antitrust, fraud, and tax...

Taxation in Nigeria: an evaluation of the impact of the Companies Income Tax Act

Directory of Open Access Journals (Sweden)

Matthew Enya Nwocha

2017-06-01

Full Text Available This Paper is written against the background of the need to strengthen Nigeria’s tax laws for optimum contribution to public revenue and economic development in an era of widespread tax evasion and economic recession. The Paper has found among other things that defects and loopholes that exist in the Companies Income Tax Act (CITA is the occasion for widespread tax evasion, the arbitrary and discriminatory application of the Act, and the political manipulation of the process. The result is that the Act is completely encumbered in achieving its objectives. To eliminate these encumbrances, the paper has recommended, among other things, the amendment of the law to place the wide discretionary powers of the president to impose on or exempt companies from taxation under the supervision and authority of the National Assembly and to place the powers of the Federal Board of Inland Revenue to distrain properties of defaulters under the jurisdiction of the courts.

Tax avoidance, tax evasion, and tax flight: Do legal differences matter?

OpenAIRE

Schneider, Friedrich; Kirchler, Erich; Maciejovsky, Boris

2001-01-01

Although from an economic point of view, legal considerations apart, tax avoidance, tax evasion and tax flight have similar effects, namely a reduction of revenue yields, and are based on the same desire to reduce the tax burden, it is likely that individuals perceive them as different and as unequally fair. Overall, 252 fiscal officers, business students, business lawyers, and entrepreneurs produced spontaneous associations to a scenario either describing tax avoidance, tax evasion, or tax f...

Tax Compliance Inventory: TAX-I Voluntary tax compliance, enforced tax compliance, tax avoidance, and tax evasion

Science.gov (United States)

Kirchler, Erich; Wahl, Ingrid

2010-01-01

Surveys on tax compliance and non-compliance often rely on ad hoc formulated items which lack standardization and empirical validation. We present an inventory to assess tax compliance and distinguish between different forms of compliance and non-compliance: voluntary versus enforced compliance, tax avoidance, and tax evasion. First, items to measure voluntary and enforced compliance, avoidance, and evasion were drawn up (collected from past research and newly developed), and tested empirically with the aim of producing four validated scales with a clear factorial structure. Second, findings from the first analyses were replicated and extended to validation on the basis of motivational postures. A standardized inventory is provided which can be used in surveys in order to collect data which are comparable across research focusing on self-reports. The inventory can be used in either of two ways: either in its entirety, or by applying the single scales independently, allowing an economical and fast assessment of different facets of tax compliance. PMID:20502612

Tax Compliance Inventory: TAX-I Voluntary tax compliance, enforced tax compliance, tax avoidance, and tax evasion.

Science.gov (United States)

Kirchler, Erich; Wahl, Ingrid

2010-06-01

Surveys on tax compliance and non-compliance often rely on ad hoc formulated items which lack standardization and empirical validation. We present an inventory to assess tax compliance and distinguish between different forms of compliance and non-compliance: voluntary versus enforced compliance, tax avoidance, and tax evasion. First, items to measure voluntary and enforced compliance, avoidance, and evasion were drawn up (collected from past research and newly developed), and tested empirically with the aim of producing four validated scales with a clear factorial structure. Second, findings from the first analyses were replicated and extended to validation on the basis of motivational postures. A standardized inventory is provided which can be used in surveys in order to collect data which are comparable across research focusing on self-reports. The inventory can be used in either of two ways: either in its entirety, or by applying the single scales independently, allowing an economical and fast assessment of different facets of tax compliance.

The Economics of Work Schedules under the New Hours and Employment Taxes

OpenAIRE

Casey B. Mulligan

2014-01-01

Hours, employment, and income taxes are economically distinct, and all three are either introduced or expanded by the Affordable Care Act beginning in 2014. The tax wedges push some workers to work more hours per week (for the weeks that they are on a payroll), and others to work less, with an average weekly hours effect that tends to be small and may be in either direction. A conservative estimate of the law's average employment rate impact is negative three percent. The ACA's tax wedges and...

27 CFR 31.4 - Relation to State and municipal law.

Science.gov (United States)

2010-04-01

... business contrary to the laws of such State or in places prohibited by municipal law; nor shall such... municipal law. 31.4 Section 31.4 Alcohol, Tobacco Products and Firearms ALCOHOL AND TOBACCO TAX AND TRADE... State and municipal law. Compliance with the requirements of this part shall not be held to exempt any...

Recessions and Tax-Cuts: Economic Cycles' Impact on Individual Giving, Philanthropy, and Higher Education

Science.gov (United States)

Drezner, Noah D.

2006-01-01

Few researchers have examined how individual giving to higher education is effected by the economy, specifically during downturns and periodic changes in tax laws. Further understanding the relationship between the economy's cycles and philanthropic giving, including the correlation of tax cuts to donations, will help colleges and universities…

192 TAXPAYER'S RIGHT TO REFUND UNDER THE NIGERIAN LAW

African Journals Online (AJOL)

Fr. Ikenga

The jurisprudence of this paper therefore is an examination of the actual legal status ... Formerly, Coordinator, Department of Business Law, Faculty of Law, University ..... If any company has paid tax for any year of assessment alleges that any ...

THE RAPID FUSION AFTER AN LBO COMPARATIVE TAX LAW

Directory of Open Access Journals (Sweden)

Mohamed EL GDAIHI

2015-12-01

Full Text Available Practitioners refer to "fast fusion" as the action, of acquisition of controlling interest with leverage effect, which results in the fusion of the acquired company with the mother company. The aim of such a merger may be financial as the buyer captures not only the outcome of the takeover company but directly its liquidity, the repayment of the loan would be made not only by way of a divided but by direct use of the entire cash flow of the target via the merged firm. Moreover, such a transaction will enable the banker, as last lender to the holding, to directly take a guarantee over the assets of the target. However, the fusion is essentially driven by a desire for tax optimization; it will impute the expenses of the holding on the taxable profits of the acquired company. This process of rapid fusion is very interesting from a tax point of view, but its admission was controversial by the jurisprudence, which by hypothesis is important because this holding was indebted so as to obtain a maximum leverage. This company was chosen in particular because of its ability to pay dividends to the holding regularly to enable it to meet the deadlines of the loan.

Constitutionalization of Peruvian Law

Directory of Open Access Journals (Sweden)

César Landa

2013-12-01

Full Text Available Constitutionalizaton of Law’s different areas is a phenomenon gradually more ingrained in our cultural and legal framework. Maybe the best demonstration is the increasingly prominent role of the Constitutional Court (TC – Constitution’s Supreme Interpreter – in defining and redefining concepts, rights and legal principles touching a range of subjects, from TaxLaw to Human Rights. This is relevant to understand the Law and its current effects whether it is valued positively or negatively.

RETHINKING ECONOMICS-OF-CRIME MODEL OF TAX COMPLIANCE FROM BEHAVIORAL PERSPECTIVE APPLIED TO ROMANIAN CASE

Directory of Open Access Journals (Sweden)

Elena Ana Iancu(Nechita

2016-12-01

Full Text Available Present paper tackles several research paradigms regarding tax compliance behavior that have been used to understand tax evasion phenomenon and tax avoidance behavior of the taxpayer. These notions have been studied by numerous researchers all over the world as phenomenon of tax evasion has a debating issue on every state agenda for several decades. First economic model of tax compliance behavior was developed in the early 1970s and since then researchers improved the model adding new elements from sociology, psychology, legal studies, finance, game theory, neurosciences, econophysics and others. This paper presents the most important developments of current theories regarding tax compliance behavior starting from the economics-of-crime model,till the 'slippery slope framework ', and more. It creates the premises for a Romanian model of tax compliance behavior according to national characteristics regarding taxpayers attitude towards tax avoidance, risk appetite or aversion upon enforcement of law through punishment and penalty, taxpayers’ trust in authority’s efficient spending of tax collected revenue to public budget and personal beliefs regarding notions like morality, cheating, honesty, social responsibility, loyalty, patriotism, civic duty, guilt, fairness, reciprocity or financial incentives. Recent models of tax compliance behavior underline the importance of the dynamics between all the actors involved in the fiscal system such as government, tax authorities, tax consultants and accountants and the behavior of all other taxpayers as a whole. Current research trends believe that these are mutually related. Another important aspect regarding taxpayer’s attitude towards tax avoidance is its own motivation to voluntarily pay taxes driven by intrinsic beliefs or by fear of penalty coming from enforcement of laws. On the contrary, other taxpayers choose to assume an extra share of risk and decide to avoid taxes hiding in anonymity of

IS THE VALUE ADDED TAX A SUPERIOR SALES TAX IN ALL SALES TAXES?

Directory of Open Access Journals (Sweden)

MUSTAFA ALİ SARILI

2013-05-01

Full Text Available Value Added Tax (VAT is a tax imposed on the value added to a product at each stage of the production and distribution process. Value added is never taxed twice under VAT and thus cascading (tax on tax effects do not occur. It is a single tax on goods and services but the tax is collected multiple stages. At each of these stages, the amount of tax payable is computed by subtracting the tax previously paid on purchases from the tax charged on sales by the traders for each taxation period. In last three decades, VAT, a relatively new and better commodity taxation, has been introduced in many countries. It has replaced different types of sales taxes in such countries. This article attempts to evaluate VAT by comparing with other sales taxes.

Tax penalties in SME tax compliance

Directory of Open Access Journals (Sweden)

Artur Swistak

2016-03-01

Full Text Available Small business tax compliance requires special attention. On the one hand small businesses are often incapable of rigorously fulfilling their tax obligations, more vulnerable to external risks and tempted to exploit opportunities to be non-compliant. On the other hand, unlike larger businesses, they are usually sole proprietors or owner-operated businesses, hence highly responsive to personal, social, cognitive and emotional factors. These attributes pave the way to a better use of measures designed to influence their behavior and choices. This paper discusses the role and effectiveness of tax penalties in enhancing tax compliance in small businesses. It argues that tax penalties, although indispensable for tax enforcement, may not be a first-choice tool in ensuring tax compliance. Too punitive a tax regime is an important barrier to business formalization and increasing severity of tax penalties does not produce the intended results. To be effective, tax penalties should deter and motivate taxpayers rather than exert repressive measures against them.

FISCAL CULTURE - AS KEY ELEMENTS OF ENSURING TAX COMPLIANCE IN DEVELOPING COUNTRIES (BASED ON THE REPUBLIC OF MOLDOVA EXPERIENCE)

OpenAIRE

Diana CRICLIVAIA

2013-01-01

Tax avoidance and tax evasion have considerably consumed the ink and papers of academic research because taxation is an issue that has been relevant in the last 6000 years of human history and will continue to be relevant in the future. Questions about tax compliance are as old as taxes themselves and will remain an area of discovery as long as taxes exist. To understand the impact of a tax system, it is important to know who complies with the tax law as well as who does not. In this paper I ...

Energy and the tax base: Implications for solar power

International Nuclear Information System (INIS)

Anderson, P.

1995-01-01

Most local governments around the world derive their revenue from property taxation. In particular, councils can either tax buildings or rate land. At the local government level, this difference makes Melbourne a unique city to study. It is the only city in the world which uses different rating structures, side by side, to finance local government. One system rates land, (site value), the other taxes buildings. This has enabled extensive research to be undertaken, to determine the economic impact, if any, on the economy, and the change, if any, in rate-payer behaviour. The aim of this paper is to demonstrate that in implementing a change-over within society to the wider use of solar power, the tax system must also be addressed. Until the tax system is addressed, a change to renewable energy sources is unlikely within the next fifty years. The paper concludes that land use charges affect taxpayer behaviour. Taxes affect profits which affect economic decisions. The governing tax and economic laws will determine the energy decisions taken, and developments in the next seven years will lay the foundation for the next long term cycle. (author). 8 figs., 5 refs

Governmental tax breaks to biofuels production; Incentivos governamentais na producao do biodiesel

Energy Technology Data Exchange (ETDEWEB)

Munch, Marcelo Guimaraes; Costa, Fabio Carbalho [Petroleo Brasileiro S.A. (PETROBRAS), Rio de Janeiro, RJ (Brazil)

2012-07-01

Given the introduction of biodiesel as an energy source ecologically correct, it will seek to do an analysis on the taxation of biodiesel in Brazil. It should also be assessed to tax biodiesel from the viewpoint of the Principle of Neutrality and the character stimulating function of taxation. Although there is no legal incidence of the CIDE (Contribution in Economic Policy) on biodiesel, the laws relating to taxation of biodiesel refers to the IPI (Tax on Industrialized Products) and social contributions for PIS (Social Integration Program) and Cofins (Contribution to Social Security Financing), while taxes of competence of the Union. When we talk about state taxation, some states have maintained the policy of tax incentives biodiesel but we do not have a policy of tax incentives across the country. (author)

Taxing carbon in fuels

International Nuclear Information System (INIS)

Arnold, Rob

2000-01-01

It is argued that both the Climate Change Levy and the fuel duty tax are outdated even before they are implemented. Apparently, the real problems are not in the bringing of road fuels into the scope of the Climate Change Levy but in introducing reforms to improve integration of greenhouse gases and taxation. Both fuel duty and the Levy are aimed at maximising efficiency and reducing air pollution. The system as it stands does not take into account the development of a market where the management and trading of carbon and greenhouse gases may jeopardise the competitiveness of UK businesses. It is argued that an overhaul of climate and emissions-related law is necessary. The paper is presented under the sub-headings of (i) a fixation on energy; (ii) no focus on CO 2 ; (iii) carbon markets - beyond the levy and (iv) tax structure. (UK)

Criminal and Legal Tax System Protection of the Russian Federation and the Ukraine

Directory of Open Access Journals (Sweden)

Stepanenko D. Yu.

2013-10-01

Full Text Available The comparative law analysis of criminal law protection of the tax system of the Russian Federation and the Ukraine is presented in the article; some recommendations for improvement of the Russian and Ukrainian criminal legislations have been formulated on this basis as well

Tax Efficiency vs. Tax Equity – Points of View regarding Tax Optimum

Directory of Open Access Journals (Sweden)

Stela Aurelia Toader

2011-10-01

Full Text Available Objectives. Starting from the idea that tax equity requirements, administration costs and the tendency towards tax evasion determine the design of tax systems, it is important to identify a satisfactory efficiency/equity deal in order to build a tax system as close to optimum requirements as possible. Prior Work Previous studies proved that an optimum tax system is that through which it will be collected a level of tax revenues which will satisfy budgetary demands, while losing only a minimum ‘amount’ of welfare. In what degree the Romanian tax system meets these requirements? Approach We envisage analyzing the possibilities of improving Romanian tax system as to come nearest to optimum requirements. Results We can conclude fiscal system can uphold important improvements in what assuring tax equity is concerned, resulting in raising the degree of free conformation in the field of tax payment and, implicitly, the degree of tax efficiency. Implications Knowing to what extent it can be acted upon in the direction of finding that satisfactory efficiency/equity deal may allow oneself to identify the blueprint of a tax system in which the loss of welfare is kept down to minimum. Value For the Romanian institutions empowered to impose taxes, the knowledge of the possibilities of making the tax system more efficient can be important while aiming at reducing the level of evasion phenomenon.

Import tax compliance: a study of customs agents in Malaysia utilising the theory of planned behaviour

OpenAIRE

Mohamed, Mirza Bin

2016-01-01

Unlike tax accountants and advisors within direct tax, Customs law in many countries requires importers to employ licensed Customs agents. This study extends the tax literature by examining the role of Customs agents in import tax compliance. In Malaysia, as an example of a country where Customs are responsible for about one-third (MYR30 billion on average between 2005 to 2014) of total government revenue collections, the function of Customs agents is to: assist importers in meeting their imp...

The economic approach to the problem of tax evasion and recommendations for Serbia

Directory of Open Access Journals (Sweden)

Milosavljević Valentina

2016-01-01

Full Text Available Tax evasion is a global problem and it has severe consequences for every country, regardless of differences in socio-economic and political structure. The basis for tax criminal offenses is embodied in different manifestations of tax evasion, especially when taking into account that tax evasion is also the most important form of informal economy. Since the taxation achieves not only fiscal, but also objectives in the field of economic and social policy, tax evasion has consequences on the economic and socio-political level. After introductory considerations, the paper shows the topicality of this issue, then the analysis of theoretical and practical features of tax evasion, as the basic fiscal criminal offense in the new Criminal Law of the Republic of Serbia, while the economic approach to the problem of tax evasion is based on an analysis of individual behavior of taxpayers.

Efficient use of green taxes in the CHP sector

International Nuclear Information System (INIS)

Skovsgaard Nielsen, L.; Mognesen, Martin Frank; Pade, L.L.

2007-06-01

Since 1977 green taxes have been used in the Danish power and heat sector. Green taxes principally assure an efficient, market-based reduction of pollution by reducing the energy consumption or increasing the share of renewable energy in power and heat production. This report takes its point of departure in four potential barriers which prevent a marketbased, cost-effective increase of the proportion of renewable energy in power and heat production. We primarily concentrate on three policy measures. 5. green and lessgreen taxes; 6. mandatory combined heat and power production; 7. fuel restrictions. Furthermore, we analyse a fourth characteristic in the law: 8. high transactions costs connected to the enlargement of renewable energy. The purpose of the report is to describe how the four potential barriers contradict the theoretically efficient application of green taxes in the power and heat sector. We do this: 1) by clarifying how legislation in the power and heat sector affects the extension of renewable energy; and 2) by evaluating the theoretically efficient application of green taxes in the power and heat sector in relation to legislation. (au)

Concrete Aspects Regarding the Imputation of Current Tax Receivables in Insolvency Proceedings

Directory of Open Access Journals (Sweden)

Marioara Mirea

2016-01-01

Full Text Available This paper captures the practical aspects in terms of tax treatment of the receivables arising subsequent to the initiation of insolvency proceedings, during the observation period, in judicial reorganization or bankruptcy proceedings. These issues are treated from a fiscal perspective, as new periods. During the observation, reorganization or bankruptcy period, an insolvent company is subject to the Law on insolvency prevention and insolvency proceedings. On the other hand, the provisions of the Fiscal Procedure Code, as applied by the tax creditor, govern an individual procedure for the recovery of receivables while the Law on insolvency prevention and insolvency proceedings refers to a collective procedure for the recovery of receivables.

A comprehensive review of state laws governing Internet and other delivery sales of cigarettes in the United States.

Science.gov (United States)

Chriqui, Jamie F; Ribisl, Kurt M; Wallace, Raedell M; Williams, Rebecca S; O'Connor, Jean C; el Arculli, Regina

2008-02-01

All U.S. states regulate face-to-face tobacco sales at retail outlets. However, the recent growth of delivery sales of tobacco products by Internet and mail-order vendors has prompted new state regulations focused on preventing youth access and tax evasion. To date, there are no comprehensive and systematic analyses of these laws. The objectives of this study were to: (a) document the historical enactment of the laws; (b) assess the nature and extent of the laws; and (c) examine the relationship between the presence of laws and state tobacco control policy and other contextual variables. Between 1992 and 2006, 34 states (67%) enacted a relevant law, with 27 states' laws (45%) effective between 2003 and 2006. Five states banned direct-to-consumer shipment of cigarettes. The remaining 29 states' laws included a combination of requirements addressing minimum age/ID, payment issues, shipping, vendor licensure and related issues, tax collection/remittance, and penalties/enforcement. States with delivery sales laws have stronger youth tobacco access policies and state tobacco control environments, as well as higher state cigarette excise tax rates and revenue, past-month cigarette use rates, and perceptions of risk of use by adolescents. This paper provides the policy context for understanding Internet and other cigarette delivery sales laws in the U.S. It also provides a systematic framework for ongoing policy surveillance and will contribute to future analyses of the impact of these laws on successfully reducing youth access to cigarettes and preventing tax evasion.

Agreement of the silent partnership – tax and legal consequences of its conclusion and execution

Directory of Open Access Journals (Sweden)

Monika Zieniewicz

2016-12-01

Full Text Available The institution of the silent partnership is not currently regulated by any legal act in the Polish legal system, although its importance in practice is not in doubt. As every action made in the economic sphere and economic execution of the contract is associated with specific effects on the basis of the tax laws. However, due to the lack of statutory regulation of the institution of silent partnership problematic is the question of determining the effects of tax legislation. Therefore, special attention is needed to determine the issue of these effects on the basis of income tax, tax on goods and services, transfer tax and the tax on inheritance and donations, as well as the question of liability for the tax liabilities of the silent partnership.

31 CFR 900.3 - Antitrust, fraud, and tax and interagency claims excluded.

Science.gov (United States)

2010-07-01

... activity do not apply to any debt based in whole or in part on conduct in violation of the antitrust laws... in whole or in part on conduct in violation of the antitrust laws or any claim involving fraud, the... 31 Money and Finance: Treasury 3 2010-07-01 2010-07-01 false Antitrust, fraud, and tax and...

Environmental audits: Tax, accounting and disclosure issues

International Nuclear Information System (INIS)

MacKnight, R.

1991-01-01

An overview is presented of the financial and legal issues associated with environmental audits, with an emphasis on tax issues. Accelerated depreciation write-offs are provided for qualified pollution control equipment, and may also qualify for tax credits. The Accounting Standards Committee recommends that provision should be made for future removal and site restoration costs and net of expected recoveries, in a rational and systematic manner by charges to income. Under the Federal Income Tax Act (ITA), future reclamation and shutdown costs will only be deductible if they pass three hurdles: a liability which requires the expenditure of funds in the future may not necessarily be an expense; if the liability can be viewed as an expense, is it incurred for the purpose of gaining or producing income; and is a deduction prohibited because it is on account of capital. A proposed solution to these problems is to adopt the US model that allows the deduction of estimated costs of reclaiming land that is disturbed during the current year at mines and waste disposal sites. Tax treatment of compliance costs, securities law disclosure, proposed federal government policies, proposed regulatory measures, and proposed fiscal measures are discussed

The three hurdles of tax planning: How business context, aims of tax planning, and tax manager power affect tax

OpenAIRE

Feller, Anna; Schanz, Deborah

2014-01-01

The question of why some companies pay more taxes than others is a widely investigated topic of interest. One of the famous suspect explanations is a phenomenon called tax avoidance. We develop a holistic theoretical concept of influences on corporate tax planning through a series of 19 in-depth German tax expert interviews. Our findings show that three distinct hurdles in the tax planning process can explain different levels of tax expense across companies. Those three hurdles are which tax ...

Corporate Tax in European Union and the Theory of Corporate Finance

OpenAIRE

Iwin-Garzyńska Jolanta

2015-01-01

One of the main objectives to be accomplished by the European Union law is to eliminate barriers to the functioning of domestic market and in particular improve the competitiveness of enterprises. After several years of efforts, the European Commission approved a proposal for the directive on a Common Consolidated Corporate Tax Base which is to remove obstacles to the functioning of internal market and increase tax harmonization. The article is aimed at presenting the essence of CCCTB in the ...

27 CFR 46.94 - Relation to State and municipal law.

Science.gov (United States)

2010-04-01

... penalty or punishment provided by the laws of any State for carrying on any trade or business within that... a person engaged in business in violation of State law. The stamp is not a Federal permit or license... municipal law. 46.94 Section 46.94 Alcohol, Tobacco Products and Firearms ALCOHOL AND TOBACCO TAX AND TRADE...

Emission certificates. Legal, tax-related and practical aspects; Emissionszertifikate. Rechtliche, steuerliche und praktische Aspekte

Energy Technology Data Exchange (ETDEWEB)

Hack, Christoph; Bartholl, Carsten; Hartmann, Astrid (eds.)

2011-07-01

The book discusses the issue of emission certificates from the view of public law, civil law and tax law, in consideration of practical experience with emission reduction projects. The subjects discussed range from emission trading from the view of public law to the civil law and regulatory law aspects of emission trading and taxation law. The legal situation in Germany is covered from the view of public and private law. The state of legislation on emission reduction in the USA is gone into, and practical experience relating to the Clean Development Mechanism is presented. (orig./RHM)

Critical Review on Hotel Tax over Boarding House from the Perspective of Islamic Equality Principle

Directory of Open Access Journals (Sweden)

Khoirul Hidayah

2017-08-01

Full Text Available Perception of community are the regulation about tax of hotel in boarding house over 10 (ten rooms in The Law No. 28 of 2009 about The Region Tax and Retribution is unclear and unfair. The problems are what are the nature meaning of hotel and boarding house services, second, analize tax of hotel in boarding house by fairness perspective. The research method is normative research with modern interpretation and fairness theory. The result are the nature meaning of hotel and boarding house services are differences. The regulation about tax of hotel in boarding house over 10 (ten rooms is unfair.

Does More Progressive Tax Make Tax Discipline Weaker?

OpenAIRE

Tatiana Damjanovic

2005-01-01

This paper investigates the relationship between the disparity in tax base and tax collection. I address the tax collection problem with traditional industrial organization approach. Thus, I model the "tax minimization" industry where the supplier helps taxpayers to avoid their tax liability. I find that lower income inequality as well as a less progressive tax code may result in a smaller number of tax payers committing to their tax duties. Finally, I question the reduction in the highest ta...

FISCAL CULTURE - AS KEY ELEMENTS OF ENSURING TAX COMPLIANCE IN DEVELOPING COUNTRIES (BASED ON THE REPUBLIC OF MOLDOVA EXPERIENCE

Directory of Open Access Journals (Sweden)

Diana CRICLIVAIA

2013-01-01

Full Text Available Tax avoidance and tax evasion have considerably consumed the ink and papers of academic research because taxation is an issue that has been relevant in the last 6000 years of human history and will continue to be relevant in the future. Questions about tax compliance are as old as taxes themselves and will remain an area of discovery as long as taxes exist. To understand the impact of a tax system, it is important to know who complies with the tax law as well as who does not. In this paper I discuss several key factors that seem to be important for understanding tax compliance in Republic of Moldova: factors of tax evasion and avoidance, consequences and methods for ensuring tax compliance.

Relief for marginal wells is better than energy tax. [United States: policy

Energy Technology Data Exchange (ETDEWEB)

Swords, J.; Wilson, D. (Coopers and Lybrand (United States))

1993-04-01

By increasing production costs and reducing petroleum prices, President Bill Clinton's proposed energy tax would increase marginal well abandonments and hasten the decline of the US oil and gas industry. Instead, the US needs tax law changes to help counteract the increasing number of oil and gas well abandonments in the lower 48 states. The proposed tax would create potential difficulties, while three incentives could be introduced to reduce abandonments and at the same time preserve US government tax revenues that otherwise would be lost. Eliminating the net income limitation on percentage depletion allowances on wells that would otherwise be abandoned would be a great help for marginal well operators. Extended enhanced oil recovery (EOR) credits and broader investment tax credits could also serve the dual purpose of keeping marginal wells operating longer and generating more federal tax revenues. A marginal well investment tax credit should be provided that is not just a credit for incremented investments that exceed investment in prior years. An investment tax credit based on out-of-pocket costs of production, targeted for marginal wells, would be an important incentive to invest in, and continue to maintain, these properties. (author)

Tax management on corporate restructuring activities in enterprises of Minas Gerais

Directory of Open Access Journals (Sweden)

Ricardo Vinícius Dias Jordão

2016-09-01

Full Text Available The objective of this paper was to investigate the use of corporate restructuring (CR practices as a tax management (TM strategy in Minas Gerais industrial companies. The research was carried out by means of a four comparative case study of qualitative and explanatory approach in industrial companies of Minas Gerais. Based on finance, accounting and taxes theories, it was concluded that the companies investigated have made CR processes, adopting corporate models different from those defined in its original organizational plans, doing it in a planned way aligned with the business strategy. It was possible to conclude that the tax planning consists of (i a means to reduce tax costs lawfully. It helps to maximize business performance, increasing competitiveness and sustainability thereof, and (ii consists in an important basis for the development of tax governance by adopting mechanisms to ensure compliance and promote the avoidance of taxes. Overall, it was found that (iii the effectiveness of these processes depends on a careful analysis of financial, legal, economic, financial, organizational and managerial aspects, and even if the tax planning through the CR (iv promoting the reduction, postponement and/or the elimination of tax costs, (v collaborating to increase in the TM efficiency and in the profits, (vi increasing thereby the value generation.

THE INCORPORATION OF DOUBLE TAXATION AGREEMENTS INTO SOUTH AFRICAN DOMESTIC LAW

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Izelle du Plessis

2015-11-01

Full Text Available There are different opinions as to the process whereby double taxation agreements (DTAs are incorporated into South African law. This contribution aims to discuss some of the existing opinions and to offer a further perspective on the matter. At the heart of the debate lies the interpretation of two provisions, namely section 231 of the Constitution of the Republic of South Africa and section 108 of the Income Tax Act and the interaction between the two. This contribution argues that South Africa's DTAs are not self-executing (a term referred to in section 231(4 of the Constitution and should therefore be enacted into law by national legislation. It is furthermore argued that section 108(2 of the Income Tax Act enables a DTA to be incorporated into South African domestic law, by means of publication in the Government Gazette. An analysis of the case law supports this argument. Whether or not DTAs are regarded as self-executing, the status of a DTA in relation to the Income Tax Act still has to be determined. In other words, once the DTA forms part of South African domestic law, does it rank higher, lower or on a par with the Income Tax Act? It is submitted that the status of DTAs in South Africa is determined by the Constitution. It is furthermore submitted that South Africa's DTAs do not attain a status on the same level as the Constitution and that the Constitution allows for the possibility that South Africa's DTAs may be overridden by subsequent legislation (for example, by amendments to the Income Tax Act. Whether or not an override will take place in a specific case should, it is submitted, be determined by the application of the principles of statutory interpretation which apply in the case of conflict. Although this latter submission finds support in the minority judgement in Glenister, both the AM Moolla and Tradehold decisions express contrary views. The hope is expressed that the South African courts will provide clarity on this

Segregating Schools: The Foreseeable Consequences of Tuition Tax Credits.

Science.gov (United States)

Yale Law Journal, 1979

1979-01-01

Argues that the effect of a proposed tuition tax credit is school segregation, creating serious constitutional objections under the due process clause. A voucher system would avoid these constitutional objections. Available from the Yale Law Journal, 401A Yale Station, New Haven, CT 06520. (Author/IRT)

Tax-Optimal Step-Up and Imperfect Loss Offset

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Markus Diller

2012-05-01

Full Text Available In the field of mergers and acquisitions, German and international tax law allow for several opportunities to step up a firm's assets, i.e., to revaluate the assets at fair market values. When a step-up is performed the taxpayer recognizes a taxable gain, but also obtains tax benefits in the form of higher future depreciation allowances associated with stepping up the tax base of the assets. This tax-planning problem is well known in taxation literature and can also be applied to firm valuation in the presence of taxation. However, the known models usually assume a perfect loss offset. If this assumption is abandoned, the depreciation allowances may lose value as they become tax effective at a later point in time, or even never if there are not enough cash flows to be offset against. This aspect is especiallyrelevant if future cash flows are assumed to be uncertain. This paper shows that a step-up may be disadvantageous or a firm overvalued if these aspects are not integrated into the basic calculus. Compared to the standard approach, assets should be stepped up only in a few cases and - under specific conditions - at a later point in time. Firm values may be considerably lower under imperfect loss offset.

Heavier tax burden on energy utilities in the Netherlands

International Nuclear Information System (INIS)

Oostenrijk, A.J.; Van Peer, A.J.M.; Thomas, B.A.J.

1997-01-01

In order for the energy market to develop into a market with business economical starting points, competition and free access the Dutch Electric Power Law is revised. Part of the Energy Distribution Law (WED, abbreviated in Dutch) came into effect February 1, 1997. The WED also has far-going fiscal consequences for the energy market and people working in that market. The companies have to pay corporation taxes, are not allowed to activate goodwill and to deduct environmental investments anymore. 2 figs

Study On Budget Revenue Collection, Shadow Economy and Tax Losses Caused By It

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Radu Claudia Florina

2017-06-01

Full Text Available Tax avoidance is a phenomenon faced by all countries, to a lesser or greater extent, and we can say that it has begun to manifest itself since the introduction of taxes. It is known that generally taxes are not pleasing to taxpayers, especially when their level is high. However, it is important for individuals, as a whole, not to evade from their tax obligations. In this context taxes can be regarded as a necessary evil to ensure the resources needed for state functioning. But often some taxpayers are looking for ways to avoid taxes, engaging either in tax evasion to the shelter of the law or in fraudulent evasion. In this paper we present some of the aspects that motivate individuals to pay taxes. Also we analyze the situation of budgetary revenues in Alba County and also the evolution of the main income of consolidated general budget in Romania. In the end of the paper we intend to draw a parallel between shadow economy, tax burden and tax losses due to shadow economy for a sample of 32 countries. In this way we can see where underground economy and tax losses have the highest values and where are required measures to mitigate them.

The faltering legitimacy of international tax law

NARCIS (Netherlands)

Peters, C.A.T.

2013-01-01

International taxation has taken a central role in the ongoing political and economic crisis. There is a growing consensus in society that there is a need to change the current rules and norms of international taxation, since the changes in society are not properly reflected in the body of law

77 FR 74798 - Awards for Information Relating To Detecting Underpayments of Tax or Violations of the Internal...

Science.gov (United States)

2012-12-18

... contribution and the IRS's independent administration of the tax laws, this clear link requires: (i) A direct... in the information provided. The direct relationship test of the definition's first prong amounts to... regulations' definition of collected proceeds, therefore, does not refer explicitly to NOLs, tax credits, or...

Tax Evasion and the Impact on Economic Growth Acta Universitatis Danubius. OEconomica

Directory of Open Access Journals (Sweden)

Shkendije Demalijaj Ukaj

2014-12-01

Full Text Available The level of taxation is very important for the development of current and future of a country and fiscal policy should always be considered as an important factor in the behavior of participants and their ability to tax evasion and informality. Government fiscal policies can trigger tax increase under pressure, especially in situations such as economic crisis, inflation, unemployment, instability, when the burden of this obligation grows, its effects are considered to take them to tax evasion and informality (Dragomir. et al. 2011. However, these reasons do not relate to all the great presence of this phenomenon in Kosovo, taking into account the recent economic crisis has not reflected in the economy of Kosovo and the Kosovo tax burden is among the lowest in the region, but leading cause of tax evasion and informality can be considered above the corruption of public administration officials including tax and customs officials, insufficient staff for his fighting, weak rule of law, as well as lower fiscal culture for paying taxes. For this reason the scope of this paper will be the theoretical treatment of the informal economy and tax evasion in view of tax avoidance, meaning, characteristics and their effects on the economy and possible recommendations on these viewpoints.

Member States must apply most favoured nation treatment under EU law

NARCIS (Netherlands)

de Groot, I.M.

2014-01-01

According to case law from the Court of Justice of the European Union (CJEU), a Member State is not obliged to enact most favoured nation treatment if a tax treaty prescribes a certain type of tax treatment (bilateral most favoured nation treatment). In this article, the author discusses whether EU

Influence of Rules for Computing Corporate Income Tax on the Accuracy of Financial Statements of Lithuanian Companies

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Cernius Gintaras

2016-03-01

Full Text Available Companies in Lithuania have to follow Business Accounting Standards (BAS when preparing their financial statements. Recording financial transactions according to BAS ensures that the information a company shares with potential lenders and investors gives a true and fair view of its business situation. However, the tax law prescribes its own set of accounting rules, which can result in a difference between what a business shows in financial statements and what it reports on its tax returns. This paper examines whether Lithuanian companies predominantly use tax accounting principles that migrate into their financial statements to create an inaccurate picture of business performance. The method of experts’ evaluation was chosen for that purpose. The results indicate that Lithuanian companies tend to heavily rely on accounting principles prescribed in corporate income tax law thus distorting information contained in financial statements. The paper contributes to the scarce literature on this issue of high relevance to both academics and practitioners.

Investigation methodology for information-driven horizontal fiscal supervision : A Dutch approach to improving effective law enforcement

NARCIS (Netherlands)

Berkhout, T.M.; Engers, van T.M.

2012-01-01

The article focuses on how the Dutch Tax Administration and other tax administrations can deploy their resources efficiently and assure the quality of law enforcement. It says that the Tax Administration is seeking to new forms of co-operation with people to build trust, confidenceconfidence, and

ENVIRONMENTAL TAX IN CUBA, CONTROL YOUR FUND IN SANTIAGO DE CUBA

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Maira Vázquez-Díaz

2016-01-01

Full Text Available By issuing the Law 73 of the Tax System in 1994, the taxation on the usage and exploitation of natural resources began to be applied to promote a rational usage of these resources on the protection of the environment. This article refers to the application of this tax in Cuba based on records of imprinted and digital bibliography containing considerations of environmental economists about the subject on a legal approach. It also offers the reader a general view of the application of this tax in the province of Santiago de Cuba as well as information for the specialists incharge of collecting its income which is used to encourage the protection of the environment. 

Deferred Tax Assets and Deferred Tax Expense Against Tax Planning Profit Management

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Warsono

2017-09-01

Full Text Available The purpose of this study is to examine the probability of earnings management performed by Property and Real Estate companies listed in Indonesia Stock Exchange (BEI in the period 2011-2015. How to do the management to influence the accounting numbers can be either profit management through deferred tax assets, deferred tax expense and tax planning in the financial statements. This paper examines the effect of deferred tax assets deferred tax burden, and tax planning to earnings management conducted by the company. Data of the research is to use secondary data from company financial statements that were downloaded from the official website of Indonesia Stock Exchange. Using sampling technique is performed by purposive sampling. The study population is the Property and Real Estate companies listed in Indonesia Stock Exchange in the period 2011-2015. The study take sample as many as 34 companies Property and Real Estate in the Stock Exchange in 2011-2015. Hypothesis testing uses multiple regressions with SPSS software version 22. The result shows that the Deferred Tax Assets positive and significant effect on earnings management; while deferred tax expense and tax planning significant negative effect on earnings management.

Value added tax evasion and excise duty fraud on fuel market in the Czech Republic

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Pavel Semerád

2012-01-01

Full Text Available This paper deals with analysis of current problems in the motor fuel market. It analyzes bottlenecks in setting the legislative changes in value added tax, excise tax and the legislation concerning fuels. The biggest problem is tax evasions that favor one group of business entities at the expense of another, and also cause that the state loses revenues mainly from indirect taxes. Therefore, attention is directed to quality control of fuels as a means of consumer protection and prevention of tax evasion and ways to combat tax evasion in import, distribution and storage of mineral oils. The examples are the most common errors found in fraudulent companies. Based on the data collected the possible ultimate evasion was estimated. Therefore, I propose that value added tax law should be amended and some other measures to improve supervision by public authorities like tax authorities and customs administration offices should be taken.

26 CFR 1.907(b)-1 - Reduction of creditable FORI taxes (for taxable years beginning after December 31, 1982).

Science.gov (United States)

2010-04-01

... beginning after December 31, 1982). If the foreign law imposing a FORI tax (as defined in § 1.907(c)-3) is either structured in a manner, or operates in a manner, so that the amount of tax imposed on FORI is... excess profits taxes. Section 907(b) will apply to a person regardless of whether that person is a dual...

THE VALUE ADDED TAX AND THE EVASION CHAIN OF INTRA-COMMUNITARIAN VAT

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Deliman Eugen

2011-12-01

Full Text Available The relationship IRS taxpayer runs the risk of turning into a psychological war in which, however, given the positions held, the IRS is by far on a favorable footing. Between the apparently excessively formal position held by the IRS, which seems to conceal behind the laws, and the sometimes forced interpretation of the laws, by the taxpayer, there are the courts of law, also disturbed by the legislative changes which appear to have entered a perpetual motion. The objective of the fiscal administration regarding the value added tax is to combat tax evasion and fraud. It is very important to combat evasion in the VAT field because it represents the indirect tax of the largest share in the consolidated general budget. VAT evasion represents the intention of not paying the tax, withholding or not declaring it, or requesting its refund which would not be fit, due to the exaggeration of the deductible amount of the VAT. The essential aim of the IRS inspector is to verify the correctness of the declared amount of the value added tax. It should also be observed whether the incorrectness is deliberate or whether it was due to misunderstanding, carelessness or the ignorance of the payer. In all cases judgment is necessary, as for the cases of negligence the amount to be paid must be corrected and accompanied by applying fines and / or penalties, and in the cases of intended fraud legal actions are to be applied in order to obtain a conviction. Deceitful deductions represent other methods for tax evasion and are undertaken based on fake invoices, invoices often used several times for deduction, or invoices related to purchases that have never been made. Thus there are examples of economic agents who have practiced the right to deduct the VAT due to the acquisition of goods which consisted in the property of other economic agents. In other cases noticed was the deduction of VAT on goods or services that were not included in the activities of the economic

A note on the neutrality of profit taxes with tax evasion and tax avoidance

OpenAIRE

Che-chiang Huang; Horn-in Kuo

2014-01-01

Traditional literature exploring the relationship between production and tax evasion ignores the impact of other activities on these two decisions. This paper incorporates firms' tax avoidance activities into the model of tax evasion. In contrast to conventional results, we find that profit tax is not necessarily neutral. In addition, the independency or separability of tax evasion and production decisions may not hold either whenever tax avoidance is present.

Social Norms and the Enforcement of Laws

OpenAIRE

Daron Acemoglu; Matthew O. Jackson

2014-01-01

We examine the interplay between social norms and the enforcement of laws. Agents choose a behavior (e.g., tax evasion, production of low-quality products, corruption, substance abuse, etc.) and then are randomly matched with another agent. An agent's payoff decreases with the mismatch between her behavior and her partner's, as well as average behavior in society. A law is an upper bound (cap) on behavior and a law-breaker, when detected, pays a fine and has her behavior forced down to the le...

Effects of state-level Earned Income Tax Credit laws in the U.S. on maternal health behaviors and infant health outcomes.

Science.gov (United States)

Markowitz, Sara; Komro, Kelli A; Livingston, Melvin D; Lenhart, Otto; Wagenaar, Alexander C

2017-12-01

The purpose of this paper is to investigate the effects of state-level Earned Income Tax Credit (EITC) laws in the U.S. on maternal health behaviors and infant health outcomes. Using multi-state, multi-year difference-in-differences analyses, we estimated effects of state EITC generosity on maternal health behaviors, birth weight and gestation weeks. We find little difference in maternal health behaviors associated with state-level EITC. In contrast, results for key infant health outcomes of birth weight and gestation weeks show small improvements in states with EITCs, with larger effects seen among states with more generous EITCs. Our results provide evidence for important health benefits of state-level EITC policies. Copyright © 2017 Elsevier Ltd. All rights reserved.

THE TAX CONTROL AS A COMPONENT OF TAX ADMINISTRATION

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Olga Zhuk

2017-03-01

Full Text Available In the article the features of tax control in the system of taxes administration were investigated. The basic approaches to the determination of tax control were defined. Principles of tax control that must be kept were defined and it will ensure efficiency and effectiveness of tax control. Basic forms of tax control were characterized. An advantages of horizontal monitoring that is one of the form of tax controls were directed. Key words: tax control, tax control forms, horizontal monitoring, documentaries, desk and actual checks.

Beyond excise taxes: a systematic review of literature on non-tax policy approaches to raising tobacco product prices.

Science.gov (United States)

Golden, Shelley D; Smith, Margaret Holt; Feighery, Ellen C; Roeseler, April; Rogers, Todd; Ribisl, Kurt M

2016-07-01

Raising the price of tobacco products is considered one of the most effective ways to reduce tobacco use. In addition to excise taxes, governments are exploring other policies to raise tobacco prices and minimise price dispersion, both within and across price tiers. We conducted a systematic review to determine how these policies are described, recommended and evaluated in the literature. We systematically searched six databases and the California Tobacco Control library for English language studies or reports, indexed on or before 18 December 2013, that included a tobacco keyword (eg, cigarette), policy keyword (eg, legislation) and a price keyword (eg, promotion). We identified 3067 abstracts. Two coders independently reviewed all abstracts and identified 56 studies or reports that explicitly described a public policy likely to impact the retail price of tobacco products through non-tax means. Two coders independently identified tobacco products targeted by policies described, recommendations for implementing policies and empirical assessments of policy impacts. The most prevalent non-tax price policies were price promotion restrictions and minimum price laws. Few studies measured the impact of non-tax policies on average prices, price dispersion or disparities in tobacco consumption, but the literature includes suggestions for crafting policies and preparing for legal challenges or tobacco industry opposition. Price-focused evaluations of well-implemented non-tax price policies are needed to determine whether they can deliver on their promise to raise prices, reduce price dispersion and serve as an important complement to excise taxes. Published by the BMJ Publishing Group Limited. For permission to use (where not already granted under a licence) please go to http://www.bmj.com/company/products-services/rights-and-licensing/

10 CFR 1015.103 - Antitrust, fraud, tax, interagency, transportation account audit, acquisition contract, and...

Science.gov (United States)

2010-01-01

... part on conduct in violation of the antitrust laws or to any debt involving fraud, the presentation of... whole or in part on conduct in violation of the antitrust laws or any claim involving fraud, the... 10 Energy 4 2010-01-01 2010-01-01 false Antitrust, fraud, tax, interagency, transportation account...

Regional features of the individual income tax

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L. V. Demina

2016-01-01

Full Text Available Tax on income of physical persons according to the method of establishing refers to federal taxes, however, is the establishment of a regional peculiarities. Currently, in accordance with the distribution of taxes between the budgets of the order, the share of this tax in the regional budgets is directly dependent on the level and income level received by the population, to carry on activity in a particular area of the country. The article discusses the possibility of impact on the taxation of income of different categories of individuals from the regions. Since the tax on personal income has expressed toms-social orientation, in the Tax Code of the Russian Federation provided for the regions eligible for the establishment of a number of benefits for certain categories of taxpayers. This article describes the possible impact on the taxation of income of different categories of individuals from the regions by establishing incentives. The issues of granting tariff preferences income owners of private farms on the example of the Moscow region. An important social task of the state related to the support of family and birth rate increase, which is be implemented in the Russian Federation in the framework of the tax on personal income, is exemption from personal income tax funds regional maternal (family capital. The regional legislation can be traced virtually the same position on the determination of the number of children in the case of birth (adoption of which the inhabitants of the region there is a right to additional measures of state support and tax benefits. The data on the size of the analysis of the results of the regional maternity capital and the terms of its provision. We describe the benefits that the regions were able to provide 2016 individuals - payers of personal income tax on income from the sale of real estate. We consider the benefits that are currently install or may be establish by laws of subjects of federation in the

Report on OCDE’s tax bases erosion and shifting benefits: origin and implementation within international and global framework

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Fernando Serrano Antón

2014-07-01

Full Text Available This work is intended to analyze circumstances leading to OCDE’s report on tax bases erosion and shifting benefits. Inconsistency of tax systems and unilateralism in current economic globalization framework might have led to asymmetric tax situations, mostly exploited by multinational companies. Means and tools used and proposed by several international institutions in order to implement legally binding actions through soft law and acceptance by different countries as method used in the fight against tax avoidance and fraud are also discussed.

Bureaucratic Tax-Seeking: The Danish Waste Tax

OpenAIRE

Christoffersen, Henrik; Svendsen, Gert Tinggaard

2000-01-01

Two main results in traditional tax theory states the following. First, general taxes minimize the welfare loss from changed relative prices. Second, because the total public budget tends to exceed the optimal size, a leader (here named 'troop leader') is needed in the budget process to prevent over-taxation. Nevertheless, differentiated taxes initiated by individual ministries generate a still larger proportion of total tax revenue, in particular under cover of taxing externalities such as e...

Climate protection laws in Taiwan

International Nuclear Information System (INIS)

Chiu, Yen-Lin Agnes

2014-01-01

The contribution on climate protection laws in Taiwan is first describing the international position and cooperation with UNFCCC, The national climate protection policy covers energy and industry, trading and economy, forestry and agriculture, traffic and local affairs, society and education. The description of the actual legislation includes the constitutional framework, environmental legislation, air pollution legislation, environmental compatibility regulations, renewable energy development legislation, energy management laws, legal drafts concerning reduction of greenhouse gas emission and energy taxes. Finally the competences and responsibilities of authorities are summarized.

Integrating ICT Skills and Tax Software in Tax Education: A Survey of Malaysian Tax Practitioners' Perspectives

Science.gov (United States)

Ling, Lai Ming; Nawawi, Nurul Hidayah Ahamad

2010-01-01

Purpose: This study aims to examine the ICT skills needed by a fresh accounting graduate when first joining a tax firm; to find out usage of electronic tax (e-tax) applications in tax practice; to assess the rating of senior tax practitioners on fresh graduates' ICT and e-tax applications skills; and to solicit tax practitioners' opinion regarding…

Bureaucratic Tax-Seeking: The Danish Waste Tax

DEFF Research Database (Denmark)

Christoffersen, Henrik; Svendsen, Gert Tinggaard

2000-01-01

Two main results in traditional tax theory states the following. First, general taxes minimize the welfare loss from changed relative prices. Second, because the total public budget tends to exceed the optimal size, a leader (here named 'troop leader') is needed in the budget process to prevent...... over-taxation. Nevertheless, differentiated taxes initiated by individual ministries generate a still larger proportion of total tax revenue, in particular under cover of taxing externalities such as environmental pollution. We suggest that this situation leads to over-taxation for two reasons. First......, the absence of a strong and fully informed troop leader prevents rational coordination of collective action. Second, budget maximization leads to overwhelming fiscal pressure because bureaucracies are competing about resources just like fishermen or hunters (here named 'bureaucratic tax-seeking'). Taxing...

TAX TREATMENT SPECIFIC TO INTRA COMMUNITY COMMERCIAL BUSINESS TRANSACTIONS - ACQUISITION AND INTRA-COMMUNITY SUPPLY OF GOODS

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Paliu -Popa Lucia

2009-11-01

Full Text Available Romania's accession to the European Union has imposed harmonize national legislation with Community law, registering significant changes in the tax area, particularly on value added tax. In order to determine the person liable to pay value added tax, related to intra-community commercial transactions, must to clarify tax matters for those operations. Given the complexity of intra-community commercial transactions and their taxation, in the following issues we will address the intra-community trade in goods, with reference to specific tax treatment of supplies and intra-community acquisitions of goods. To do this we will consider more specific situations that arise in trade relationship between EU Member States, examples that will allow us to draw some conclusions on tax matters arising in intracommunity commercial relationship

Policy recommendations on tacing and reducing program mismatch and perverse incentives present in earmarking sin tax to tobacco growing areas

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Madeiline Joy Aloria

2018-03-01

Full Text Available Background Recognizing that the Philippine 1991 tobacco tax sharing law favoured the development of tobacco, the Sin Tax Law, a separate law on restructuring cigarette tax, expanded the use of such to also cover shifting farmers to viable alternative livelihood. Aside from health-driven supply reduction objectives, this is crucial as evidence shows that tobacco production is continuously declining starting decades ago, requiring to actively shift farmers. Methods Data on tobacco excise tax earmarking and utilization, farmers´ production and shifting behaviours, labor improvement and poverty alleviation indicators, and LGU capacity were analysed to determine potential program mismatches and perverse incentives. Supporting qualitative data were used to identify policy and structural gaps to address these. Results Financing livelihood projects becomes the least priority (only 6% average share i funds, as a result of LGU´s final allocation being determined by their share in total tobacco leaf production, which actually put pressure on their farmers to increase production volume. Meanwhile, infrastructure continue to get bulk of sin tax earmarking and are linked to its political benefits. Last, the provision of cooperative and agro-industrial projects in selected areas were shifting behaviour is heavy can still be improved. Conclusions As the two tobacco tax sharing laws fund both programs to develop tobacco and to shift tobacco farmers to other livelihood, a schizophrenic management exists. Key structural and policy ingredients have to be present to reverse this. First is the need to establish institutional support to manage alternative livelihood funds, in order to balance the powers of National Tobacco Administration over tobacco growing areas. Allocation should not be based on production volume but rather on a systemic or comprehensive welfare assessment of shifted farmers. As livelihood programs are most commonly coursed through civil society

Capital Income Tax Coordination and the Income Tax Mix

DEFF Research Database (Denmark)

Huizinga, Harry; Nielsen, Søren Bo

2005-01-01

in the mix of capital and labor taxes brought on by capital income tax coordination can potentially be welfare reducing. This reflects that in a non-cooperative equilibrium capital income taxes may be more distorting from an international perspective than are labor income taxes. Simulations with a simple...... model calibrated to EU public finance data suggest that countries indeed lower their labor taxes in response to higher coordinated capital income taxes. The overall welfare effects of capital income tax coordination, however, are estimated to remain positive.JEL Classification: F20, H87......Europe has seen several proposals for tax coordination only in the area of capital income taxation, leaving countries free to adjust their labor taxes. The expectation is that highercapital income tax revenues would cause countries to reduce their labor taxes. This paper shows that such changes...

Petroleum products fiscality in the first 2006 finance law and in the amended 2005 finance law

International Nuclear Information System (INIS)

2006-01-01

The measures relative to petroleum products fiscality adopted in the amended 2005 finance law aim at adjusting the allocation of the domestic tax on petroleum products (DTPP) to the 'departements' in order to compensate for the competence transfers which took place in the framework of decentralization. They concern the agriculture and LPG sectors and prepare to the DTPP regionalization. The measures adopted in the first 2006 finance law deal with the fiscality of biofuels and with the DTPP transfers to regions. (J.S.)

A Study of Japanese Consumption Tax System : Mainly on Multiple Tax Rates and Input Tax Credit Methods

OpenAIRE

栗原, 克文

2007-01-01

One of the most important discussions on Japanese tax system reform includes how consumption tax (Value-added tax) system ought to be. Facing issues like depopulation, aging society and large budget deficit, consumption tax can be an effective source of revenue to secure social security. This article mainly focuses on multiple tax rates and input tax credit methods of Japanese consumption tax system. Because of regressive nature of consumption tax, tax rate reduction, exemption on foodstuffs ...

The relationship between financial and tax accounting in Albania

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Ilda Duhanxhiu

2012-03-01

Full Text Available Typically ‘income tax’ laws rely on financial accounting data to determine the taxable income of a business entity, although financial and tax accounting have different goals and requirements. The purpose of this paper is to explore the relationship between financial and tax accounting rules in Albania. The study employs a mixed methodology, comprising a review of the legislation, institutional framework and context, and semi-structured interviews with accountants, academics and institutional players. By reviewing the development of this relationship during the past 20 years, we aim to identify and explain the major divergences at present between two sets of rules.

Improving VAT Compliance in Romania by Implementing a New Tool – Tax Lottery Receipts

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Dragos Ungureanu

2015-12-01

Full Text Available This paper aims to present and explain the newly implemented measure of organizing a Tax Lottery Receipts in Romania, in orderto combat tax evasion by raising awareness among consumers and make them responsible when purchasing any goods.The lottery proposes an approach to strengthen the fiscal voluntary conformation by stimulating financially those who promote respecting the law – asking for the fiscal receipt, and helpthe fiscal authorities this way in the fight against tax evasion, contrasting at the same time with punishing those who do not respect it – not issuing fiscal receipts.

Different Tax Systems among Nations and International Tax Avoidance

OpenAIRE

栗原, 克文

2008-01-01

As economic globalization proceeds, tax policies of one nation influence others more and greater pressures are imposed on tax systems and tax administrations．The possibility of tax avoidance will expand if cross-border transactions are abused．Specifically, tax system differentials among countries increase the opportunity for tax avoidance．Under some tax avoidance schemes, foreign entities which have no or little economic substance are used to create artificial losses, so that they can minimiz...

Using Machine Learning in Environmental Tax Reform Assessment for Sustainable Development: A Case Study of Hubei Province, China

Directory of Open Access Journals (Sweden)

Yinger Zheng

2016-11-01

Full Text Available During the past 30 year of economic growth, China has also accumulated a huge environmental pollution debt. China’s government attempts to use a variety of means, including tax instruments to control environmental pollution. After nine years of repeated debates, the State Council Legislative Affairs Office released the Environmental Protection Tax Law (Draft in June 2015. As China’s first environmental tax law, whether this conservative “Environmental Fee to Tax (EFT” reform could improve the environment has generated controversy. In this paper, we seek insights to this controversial issue using the machine learning approach, a powerful tool for environmental policy assessment. We take Hubei Province, the first pilot area as a case of EFT, and analyze the institutional incentive, behavior transformation and emission intensity reduction performance. Twelve pilot cities located in Hubei Province were selected to estimate the effect of the reform by using synthetic control and a rapid developing machine learning method for policy evaluation. We find that the EFT reform can promote emission intensity reduction. Especially, relative to comparable synthetic cities in the absence of the reform, the average annual emission intensity of Sulfur Dioxide (SO2 in the pilot cities dropped by 0.13 ton/million Yuan with a reduction rate of 10%–32%. Our findings also show that the impact of environmental tax reform varies across cities due to the administrative level and economic development. The results of our study are also supported by enterprise interviews. The EFT improves the overall environmental costs, and encourages enterprises to reduce emissions pollution. These results provide valuable experience and policy implications for the implementation of China’s Environmental Protection Tax Law.

29 CFR 553.211 - Law enforcement activities.

Science.gov (United States)

2010-07-01

... includes physical training, self-defense, firearm proficiency, criminal and civil law principles... parking violations and issuing appropriate warnings or appearance notices, (7) Wage and hour compliance officers, (8) Equal employment opportunity compliance officers, (9) Tax compliance officers, (10) Coal...

Intangible asset tax depreciation in the Czech Republic

Directory of Open Access Journals (Sweden)

Pavel Svirák

2011-01-01

Full Text Available This paper aims to familiarize readers with the legislative development of intangible asset tax depreciation in the Czech Republic since 1993. The paper is divided into several basic chapters, of which the main chapter describes and analyzes the development of legislation in three thus-existing legal modes regulating intangible asset tax depreciation (the periods 1993–2000; 2001–2004; 2004–2011. A separate sub-chapter deals with each of these three modes, which fundamentally differ in the concept of determining tax depreciations. For better clarity, changes in the legislation in question are described using tables. Over the first mentioned mode, i.e. the mode valid for assets acquired in the period 1993–2000, intangible asset tax depreciations were determined by the same manner as tangible asset tax depreciations. This period is characterized by gradual establishment (specification of legislation that may be partially attributed to the stormy development of social conditions and the need for them to be reflected in law. For the period 2001–2003, standard amendments were contained in accounting regulations. The Income Tax Act (hereinafter ITA did not contain an amendment of intangible assets and its depreciations. It merely determined that accounting depreciations of intangible assets were a tax expense. Nevertheless, changes also occurred in this short time period, which this paper will later address. Effective from 2004, legislation on intangible assets and their tax depreciations returned to the ITA. Changes came in this mode of determining depreciations as well; nevertheless, one may consider the current legislative regulation to be stabilized. Later in this paper for the selected category of intangible assets (software, the authors describe and assess the dependence of the portion of the entry price entering tax expenses in the form of tax depreciations on the year of acquiring intangible assets. To achieve the stated objectives

From tax evasion to tax planning

OpenAIRE

Bourgain, Arnaud; Pieretti, Patrice; Zanaj, Skerdilajda

2013-01-01

The aim of this paper is to analyze within a simple model how a re- moval of bank secrecy can impact tax revenues and banks' profitability assuming that offshore centers are able to offer sophisticated but legal or not easily detectable tax planning. Two alternative regimes are considered. A first in which there is strict bank secrecy and a second where there is international information exchange for tax purposes. We show in particular that sharing tax information with onshore coun- tries can...

Tax haven implications in financial crime

OpenAIRE

Daniela Iuliana Radu

2015-01-01

The term "tax haven" is often incorrectly used to describe a country because from this point of view, we should use the term "financial secrecy jurisdiction". A certain degree of financial and banking secrecy is characteristic of all states, almost all states requiring a certain level of protection for banking and commercial information. Banking and financial secrecy jurisdictions refuse, nearly always, to violate its own laws on banking secrecy, even when it could be a serious violation of t...

Preconditions of Voluntary Tax Compliance: Knowledge and Evaluation of Taxation, Norms, Fairness, and Motivation to Cooperate

Science.gov (United States)

Hofmann, Eva; Hoelzl, Erik; Kirchler, Erich

2010-01-01

Taxpayers' willingness to cooperate with the state and its institutions in general, and their willingness to pay taxes in particular, depend on a variety of variables. While economists stress the relevance of external variables such as tax rate, income and probability of audits and severity of fines, psychological research shows that internal variables are of similar importance. We present a comprehensive review on the relevance of citizens' knowledge of tax law, their attitudes towards the government and taxation, personal norms, perceived social norms and fairness, as well as motivational tendencies to comply, and discuss possibilities for strategic intervention to increase tax compliance. PMID:22428111

ANALYSISTHE POLITICAL AND ECONOMIC FACTORS OF ANTI-INCOME TAX AVOIDANCE SYSTEM BETWEEN TAIWAN ANDCHINA

Directory of Open Access Journals (Sweden)

Chia-Jen Chang

2012-07-01

Full Text Available This study found that the main reasons, which lead to a more stringent Anti-Income Tax Avoidance in China than in Taiwan, are as follows by analysis thedifferences of Cross-Strait (Taiwan and China Anti-Income Tax Avoidancepolicies and the process of law regulation. First, the executive department inChina has higher autonomy to regulate Anti-Income Tax Avoidance; whereasTaiwan’s regulations need to reflect citizens’ demand. Second, foreign-fundedenterprises have less impact on Anti-IncomeTax Avoidance in China; however,multinational enterprises in Taiwan have strong influence on it. Third, China hasthe large scale of domestic market, but Taiwan is a typical export-orientedeconomic system. Forth, most multinational enterprises in China are belonged tocentral government. Nevertheless, they are private-owned in Taiwan.

Redistributive Effects of Income Tax Rates and Tax Base 1984-2009: Evidence from Japanese Tax Reforms

OpenAIRE

Miyazaki, Takeshi; Kitamura, Yukinobu

2014-01-01

The primary objective of this paper is to examine how and to what extent changes in income tax rates and income tax deductions affect income inequality from longitudinal perspectives, by using microdata from Japanese individuals and households. The findings of this paper could shed light on the effects of tax rates and tax deduction on tax progressivity. First, redistributive effects of the Japanese income tax are likely to decline for the period 1984-2009. Second, the income tax reforms, i.e...

Excise Tax Avoidance: The Case of State Cigarette Taxes

Science.gov (United States)

DeCicca, Philip; Kenkel, Donald; Liu, Feng

2013-01-01

We conduct an applied welfare economics analysis of cigarette tax avoidance. We develop an extension of the standard formula for the optimal Pigouvian corrective tax to incorporate the possibility that consumers avoid the tax by making purchases in nearby lower-tax jurisdictions. To provide a key parameter for our formula, we estimate a structural endogenous switching regression model of border-crossing and cigarette prices. In illustrative calculations, we find that for many states, after taking into account tax avoidance the optimal tax is at least 20 percent smaller than the standard Pigouvian tax that simply internalizes external costs. Our empirical estimate that tax avoidance strongly responds to the price differential is the main reason for this result. We also use our results to examine the benefits of replacing avoidable state excise taxes with a harder-to-avoid federal excise tax on cigarettes. PMID:24140760

Excise tax avoidance: the case of state cigarette taxes.

Science.gov (United States)

DeCicca, Philip; Kenkel, Donald; Liu, Feng

2013-12-01

We conduct an applied welfare economics analysis of cigarette tax avoidance. We develop an extension of the standard formula for the optimal Pigouvian corrective tax to incorporate the possibility that consumers avoid the tax by making purchases in nearby lower tax jurisdictions. To provide a key parameter for our formula, we estimate a structural endogenous switching regression model of border-crossing and cigarette prices. In illustrative calculations, we find that for many states, after taking into account tax avoidance the optimal tax is at least 20% smaller than the standard Pigouvian tax that simply internalizes external costs. Our empirical estimate that tax avoidance strongly responds to the price differential is the main reason for this result. We also use our results to examine the benefits of replacing avoidable state excise taxes with a harder-to-avoid federal excise tax on cigarettes. Copyright © 2013 Elsevier B.V. All rights reserved.

Does an Uncertain Tax System Encourage "Aggressive Tax Planning"?

OpenAIRE

James Alm

2014-01-01

"Aggressive tax planning" (ATP) is typically characterized as a tax scheme that reduces the effective tax rate of a particular type of income to a level below the one sought by fiscal policy for this income. One motivation often suggested for its use is the uncertainty in tax liabilities introduced by a complicated and ever changing tax system. In this paper, I examine the impact of an uncertainty on the use of such tax schemes; by implication, I also examine how a simpler and more stable tax...

Settlement of Tax Disputes in the Russian Federation and Germany

Directory of Open Access Journals (Sweden)

Anastasiya Alexandrovna Konyukhova

2015-01-01

Full Text Available This article is devoted to the settlement of tax disputes in the Russian Federation and the Federal Republic of Germany. The features of the conflict settlement mechanism are both shown in the stage of administrative and judicial review. In accordance with German law, the administrative stage of dispute resolution, carried out by the tax authority, always precedes the filing of a complaint to a court. Consequently, the taxpayer submits his first application in writing to the tax authority that issued the tax act, though in some cases to a higher tax authority. This obligatory procedure was borrowed by the Russian tax system. The trial stage of tax dispute settlement in Germany is carried out by specialized courts, forming a two-level system for legal proceedings. Thus, the tax dispute submitted to the Court is settled first by the financial lands courts and then by the higher Federal Financial Court. However, the Federal Financial Court takes into consideration only certain categories of actions listed in the Act (the Regulations of finance courts (Finanzgerichtordnung. In Russia appeals of administrative review of tax conflicts, unlike in the German system, are handled by arbitration and general jurisdiction courts. The Supreme Arbitration Court of the Russian Federation is the supreme judicial body for settling economic disputes and other cases considered by arbitration courts in implementing federal procedural judicial supervision over their activities and provides explanations regarding judicial practices. Arbitration courts established at the level of the Federation to resolve disputes involving commercial entities, e.g. enterprises and entrepreneurs, resolve the bulk of tax disputes. These courts are composed of specially created panels of judges known as bars, i.e. groups of judges who specialize in reviewing taxation cases.

Dividends and Taxes: Evidence on Tax-Reduction Strategies.

OpenAIRE

Chaplinsky, Susan; Seyhun, H Nejat

1990-01-01

This article investigates two aspects of dividend tax avoidance not addressed by prior research. First, it examines the aggregate dividend tax savings provided to individuals through tax-exempt and tax-deferred accumulators. Using the Internal Revenue Service Individual Income Tax Model, it then proceeds to determine whether specific provisions of the Internal Revenue Code, such as the preferential treatment of capital gains, the investment-interest limitation, and the $100 dividend exclusion...

CEO Power, Corporate Tax Avoidance and Tax Aggressiveness

OpenAIRE

GATOT SOEPRIYANTO

2017-01-01

My thesis investigates the association between CEO power, corporate tax avoidance and tax aggressiveness, using two organizational theory perspectives: self-interest and stewardship. I find that a powerful CEO engages in less corporate tax avoidance activities, which lends credence to the risk minimization motive of the stewardship perspective. My findings on the association between CEO power and tax aggressiveness show that powerful CEOs avoid risky tax avoidance strategies that expose a fir...

Implications about the causality principle in the business income tax

Directory of Open Access Journals (Sweden)

Luis Durán Rojo

2009-06-01

Full Text Available The following article presents the implications about the practice of the causality principle for the determination of the income set with intention to apply the business income tax.We start considering the fact that this tax can be imposed to acquire goods known as a deductible expense of the practice, but not from those that are going to be part of the compatible cost to expropriate. Then, we make an extensive analysis about the way the Peruvian income tax law has configured the approaches of this principle and the understanding emerged from important jurisprudence cases from the members that solve problems, specially the Tax Court, when adopting a fast principle of expenses without causes.At the same time, this article describes the achievements of the rational and normality cost principles, so important for the evaluation of the performance of the principle of causality.Finally, we present some ideas about the accreditation of the cost facing and its relation to the causality principle.

STUDY CONCERNING THE IMPACT OF PROFIT TAX ON THE COMPANIES’ ACTIVITY

Directory of Open Access Journals (Sweden)

Violeta Isai

2015-05-01

Full Text Available Within the fiscal reform in Romania, the harmonization of the law regarding the profit tax with the community one prompted deep alterations aimed namely at: the scope (the taxation of the foreign legal people and of the incomes from external sources, the non-deductible and fiscally deductible amounts, the facilities granted to the taxpayers, the way of covering the fiscal losses etc. This harmonization was intended to avoid the double taxation of the incomes made from activities carried out by economical agents in several states of the European Union space. This means finding encouraging solutions to the cross border activities by renouncing the discriminatory fiscal rules by which the incomes are taxed twice, with the later return of the taxes in one of the states.

The relationship between alcohol taxes and binge drinking: evaluating new tax measures incorporating multiple tax and beverage types.

Science.gov (United States)

Xuan, Ziming; Chaloupka, Frank J; Blanchette, Jason G; Nguyen, Thien H; Heeren, Timothy C; Nelson, Toben F; Naimi, Timothy S

2015-03-01

U.S. studies contribute heavily to the literature about the tax elasticity of demand for alcohol, and most U.S. studies have relied upon specific excise (volume-based) taxes for beer as a proxy for alcohol taxes. The purpose of this paper was to compare this conventional alcohol tax measure with more comprehensive tax measures (incorporating multiple tax and beverage types) in analyses of the relationship between alcohol taxes and adult binge drinking prevalence in U.S. states. Data on U.S. state excise, ad valorem and sales taxes from 2001 to 2010 were obtained from the Alcohol Policy Information System and other sources. For 510 state-year strata, we developed a series of weighted tax-per-drink measures that incorporated various combinations of tax and beverage types, and related these measures to state-level adult binge drinking prevalence data from the Behavioral Risk Factor Surveillance System surveys. In analyses pooled across all years, models using the combined tax measure explained approximately 20% of state binge drinking prevalence, and documented more negative tax elasticity (-0.09, P = 0.02 versus -0.005, P = 0.63) and price elasticity (-1.40, P tax. In analyses stratified by year, the R-squares for models using the beer combined tax measure were stable across the study period (P = 0.11), while the R-squares for models rely only on volume-based tax declined (P tax measures, combined tax measures (i.e. those incorporating volume-based tax and value-based taxes) yield substantial improvement in model fit and find more negative tax elasticity and price elasticity predicting adult binge drinking prevalence in U.S. states. © 2014 Society for the Study of Addiction.

Automatic exchange of information: towards a new global standard of tax transparency

Directory of Open Access Journals (Sweden)

Miguel Eduardo Pecho Trigueros

2014-07-01

Full Text Available Tax authorities are increasingly relying on mutual cooperation with their foreign peers to enforce more effectively their internal tax laws. After the banking scandals of 2008 and the subsequent global financial crisis, the Global Forum on Transparency and Exchange of Information for TaxPurposes has proposed the exchange of information upon request as the fiscal transparency standard. However, some measures adopted by the European Union, previous initiatives from the Organization for Economic Cooperation and Development (OECD and, above all, the introduction of the Foreign Account Tax Compliance Act (Fatca by the United States in 2010 have promoted the need to adopt the automatic exchange of information as the new fiscal transparency standard. Automatic exchange of information allows home countries to verify whether their taxpayers have correctly included foreign income, allowing tax authorities to have early warning of possible noncompliance cases. In February 2014, the OECD published its proposal for a new global model of automatic exchange of financial account information. The new global model contains the necessary legal instruments and due diligence and reporting procedures, mainly for financial institutions.

PENGARUH CORPORATE GOVERNANCE TERHADAP TAX AVOIDANCE (Perusahaan Pertambangan yang terdaftar di BEI

Directory of Open Access Journals (Sweden)

Sri Mulyani

2018-05-01

Full Text Available he purpose of this research is to know the influence of institutional ownership, independent commissioner, audit committee and audit quality to tax avoidance at mining company listed on BEI year 2014-2016. The population of this study is mining companies listed on the BEI 2014-2016 as many as 46 companies. Sampling used in this research purposive sampling method. Data source is secondary data obtained from company website and BEI website (www.idx.co.id. This study uses multiple regression analysis to analyze data with the help of SPSS 21 edition program. The results of this study indicate that the variables of institutional ownership, audit committee and audit quality have significant influence on tax avoidance, while independent commissioner variable has no significant effect on tax avoidance. The results of this study are expected to be an additional consideration of the management in conducting tax avoidance is correct and efficient without violating applicable tax laws, and can provide additional information for users of financial statements in investment decision making.

Tax regulating carbon market in Brazil: barriers and perspectives

International Nuclear Information System (INIS)

Marques, Fernando; Magalhaes, Gerusa; Parente, Virginia

2010-01-01

The world is moving towards a low carbon economy to fight global warming caused by increases in anthropogenic emissions of greenhouse gases (GHGs). The carbon market beckons as a promising opportunity for Brazil through Clean Development Mechanism (CDM) projects, which result in Certified Emission Reductions (CERs). Although Brazil is responsible for about 8% of all CDM projects in the world, there is still no specific tax regulation for CERs, thus hindering the development of carbon market in Brazil. It is essential that Brazil have a consistent internal framework which guarantees to potential investors a minimum security on the legal and fiscal operations of CERs. There are government institutions, considering the current law and that, given the number of bills being processed in Congress, are not definitive. Such bills have different understandings for the legal classification of CERs and the related tax treatment. This article supports an urgent need for a regulatory tax system for CERs, proposing a tax exemption on transactions involving CERs in order to encourage the effective development of carbon markets in Brazil in the context of the currently international legal system in which Kyoto Protocol is based. (author)

A choice experiment on tax: Are income and consumption taxes equivalent?

OpenAIRE

Kurokawa, Hirofumi; Mori, Tomoharu; Ohtake, Fumio

2016-01-01

We test the equivalence of income and consumption taxes through a choice experiment. Under a given set of income and consumption parameters, subjects were asked to choose among an income tax of 20%, a consumption tax of 25% (which is an equivalent tax burden), a consumption tax of 22%, and a consumption tax of 20%. Our results showed that subjects prefer income tax to consumption tax when the nominal consumption tax rate is higher than the nominal income tax rate. However, subjects tend to pr...

TOWARDS A LAW OF SUSTAINABLE FISCAL RESOURCES

Directory of Open Access Journals (Sweden)

Ionel BOSTAN

2015-12-01

Full Text Available Our approach aims to raise the benchmarks intended, we believe, to print efficiency rules for public financial law which, by definition, governs the issue of budgetary resources. Knowing the mechanism of legal and tax and the use of this type of resource, given the current context, we introduce some approaches to the position of financial law located in the best connection with economics, and we consider key issues of this - crisis/ growth, sustainable development, strategies/ policies, state intervention tools etc. aiming to easier to put out various budgetary implications caused by certain processes/ phenomena in the real economy. Also, we bring some elements of analysis, comments and views coming to justify the importance of rights (set of rules and principles of major influence the financial and fiscal consolidation based in the extent possible, the development lasting nature. It is expected thus that such a law (fiscal consolidation based on sustainability can drive more speedily to create a stable tax system capable of generating sufficient budgetary resources in terms of efficiency and efficacy, ensuring cost reductions with unit budget and compliance taxpayers being, while flexible, simple, transparent and adaptable to national/ international changes.

Tax competition and tax harmonization in the European Union

Directory of Open Access Journals (Sweden)

Danuše Nerudová

2004-01-01

Full Text Available The article deals with the problems of tax competition and harmonization within the European Union. It reveals the single difficulties connected with harmonization, identifies the problems arising from tax competition and points out the harmful tax competition as well. Single compulsory harmonized tax base in connection with prevailing tax competition in the area of tax rates is the suggested solution in the scope of direct taxation. As the solution in the area of indirect taxation could serve the introduction of “principle of origin”. This would cause remarkable administrative costs decrease not only for economic subjects but for tax authorities as well.

THE IMPLICATIONS OF TAX MORALE ON TAX COMPLIANCE BEHAVIOR

Directory of Open Access Journals (Sweden)

Nichita Ramona-Anca

2012-07-01

Full Text Available The present paper focuses on the analysis of tax compliance behavior from the tax morale standpoint. We grounded our research on the idea that empirical studies constantly invalidating the assumptions of theoretical models of tax evasion show there are more factors influencing compliance than just the economic ones (e.g., audit probability, fine, tax rate, income. Giving the fact that audit probabilities are generally very low and that tax evasion is not as high as one could expect, tax morale might have to do with the high degrees of tax compliance registered around the world. In a stream of articles on taxation published beginning with the late 60n#8217;s, tax morale defined as the intrinsic motivation to comply or n#8220;internalised obligation to pay taxn#8221; (Braithwaite and Ahmed 2005 has been found to positively relate to tax compliance and negatively relate to shadow economy. This paper attempts to offer a broader view on the influence of tax morale on compliance behavior, covering articles ranging from national and cross-cultural surveys to experimental games. Moreover, the aim of the article is to emphasize the policy implications of tax morale research and the changes governments could make in order to raise the amount of public levies.

Aggressive Tax Strategies and Corporate Tax Governance: An Institutional Approach

OpenAIRE

Garbarino, Carlo

2009-01-01

This paper deals with the impact of tax-aggressive strategies on corporate governance by adopting an agency perspective of the firm and discusses how certain corporate tax governance measures may limit these kinds of managerial actions. We first clarify a few basic concepts such as tax minimization, effective tax planning, tax avoidance, and tax evasion, which are important to understand in the discussion about aggressive tax behaviour. We further define the regulative concept of effective ta...

Health spending, illicit financial flows and tax incentives in Malawi.

Science.gov (United States)

O'Hare, B; Curtis, M

2014-12-01

This analysis examines the gaps in health care financing in Malawi and how foregone taxes could fill these gaps. It begins with an assessment of the disease burden and government health expenditure. Then it analyses the tax revenues foregone by the government of Malawi by two main routes: Illicit financial flows (IFF) from the country, Tax incentives. We find that there are significant financing gaps in the health sector; for example, government expenditure is United States Dollars (USD) 177 million for 2013/2014 while projected donor contribution in 2013/2014 is USD 207 million and the total cost for the minimal health package is USD 535 million. Thus the funding gap between the government budget for health and the required spending to provide the minimal package for 2013/2014 is USD 358 million. On the other hand we estimate that almost USD 400 million is lost through IFF and corporate utilization of tax incentives each year. The revenues foregone plus the current government health spending would be sufficient to cover the minimal public health package for all Malawians and would help tackle Malawi's disease burden. Every effort must be made, including improving transparency and revising laws, to curtail IFF and moderate tax incentives.

The relationship between alcohol taxes and binge drinking: evaluating new tax measures incorporating multiple tax and beverage types

Science.gov (United States)

Xuan, Ziming; Chaloupka, Frank J.; Blanchette, Jason G.; Nguyen, Thien H.; Heeren, Timothy C.; Nelson, Toben F.; Naimi, Timothy S.

2015-01-01

Aims U.S. studies contribute heavily to the literature about the tax elasticity of demand for alcohol, and most U.S. studies have relied upon specific excise (volume-based) taxes for beer as a proxy for alcohol taxes. The purpose of this paper was to compare this conventional alcohol tax measure with more comprehensive tax measures (incorporating multiple tax and beverage types) in analyses of the relationship between alcohol taxes and adult binge drinking prevalence in U.S. states. Design Data on U.S. state excise, ad valorem and sales taxes from 2001 to 2010 were obtained from the Alcohol Policy Information System and other sources. For 510 state-year strata, we developed a series of weighted tax-per-drink measures that incorporated various combinations of tax and beverage types, and related these measures to state-level adult binge drinking prevalence data from the Behavioral Risk Factor Surveillance System surveys. Findings In analyses pooled across all years, models using the combined tax measure explained approximately 20% of state binge drinking prevalence, and documented more negative tax elasticity (−0.09, P=0.02 versus −0.005, P=0.63) and price elasticity (−1.40, Ptax. In analyses stratified by year, the R-squares for models using the beer combined tax measure were stable across the study period (P=0.11), while the R-squares for models rely only on volume-based tax declined (Ptax measures, combined tax measures (i.e. those incorporating volume-based tax and value-based taxes) yield substantial improvement in model fit and find more negative tax elasticity and price elasticity predicting adult binge drinking prevalence in U.S. states. PMID:25428795

Tax havens: Features, operations and solving tax evasion problems

Directory of Open Access Journals (Sweden)

Obradović-Ćuk Jelena

2016-01-01

Full Text Available Tax haven offers minimal or no tax liability to foreign individuals and enterprises in economically and politically stable environment, where little or no financial information is shared with foreign tax authorities. The aim of this research is to create a comprehensive overview of the characteristics and operations of tax havens, as well as to point out to the ways to overcome the problem of tax evasion. The methodology used in the work is characteristic of social science research: analysis, synthesis and discussion, comparative, inductive and historical analysis, together with the usage of relevant national and international sources. This paper describes the basic features of tax havens, as well as specific business models applied in them. A separate chapter deals with overcoming the problem of tax evasion, which is the main adverse effect of doing business through tax havens.

GOODS AND SERVICE TAX ONE NATION ONE TAX IN INDIA.

OpenAIRE

Shuchi Sharma; Rupendra Prakash Yadav.

2018-01-01

Goods and Service Tax is a significant and logical step towards a comprehensive Indirect tax reform in India. This paper analyses the concept of Goods Service Tax and further discusses their impact on the various sectors in India. Brief description is given on Goods Service Tax background and Goods and Service Tax models helps to reduce tax burden. It aims at creating a single and unified market benefiting both corporate and economy because this is the only Indirect tax that directly affects ...

Imperfect tax competition for profits, asymmetric equilibrium and beneficial tax havens

DEFF Research Database (Denmark)

Johannesen, Niels

2010-01-01

We present a model of tax competition for real investment and profits and show that the presence of tax havens in some cases increases the tax revenue of countries. In the first part of the paper, we argue that tax competition for profits is likely to be imperfect in the sense that the jurisdicti...... countries. We demonstrate that the latter effect may dominate the former effects so that countries, on balance, benefit from the presence of tax havens.......We present a model of tax competition for real investment and profits and show that the presence of tax havens in some cases increases the tax revenue of countries. In the first part of the paper, we argue that tax competition for profits is likely to be imperfect in the sense that the jurisdiction...... countries. In the second part of the paper, we introduce tax havens. Starting from a symmetric equilibrium, tax havens unambiguously reduce the tax revenue of countries due to a ‘leakage effect' - tax havens attract tax base from countries - and a 'competition effect' - the optimal response to the increased...

Tax Potential vs. Tax Effort; A Cross-Country Analysis of Armenia's Stubbornly Low Tax Collection

OpenAIRE

David A. Grigorian; Hamid R Davoodi

2007-01-01

Despite recording double digit growth since 2000, Armenia's tax-to-GDP ratio has been fairly stable at about 14½ percent. This paper catalogues a range of factors that may account for Armenia's stubbornly for tax collection by benchmarking Armenia's tax-to-GDP against some comparator countries and conducting an extensive econometric study of the main determinants of tax collection. We find empirical support for the hypothesis that the persistence of Armenia's low tax-GDP ratio can be traced t...

Using payroll deduction to shelter individual health insurance from income tax.

Science.gov (United States)

Hall, Mark A; Hager, Christie L; Orentlicher, David

2011-02-01

To assess the impact of state laws requiring or encouraging employers to establish "section 125" cafeteria plans that shelter employees' premium contributions from tax. Available descriptive statistics, 65 key-informant interviews, and relevant documents in study states and nationally, 2008-2009. Case studies were conducted in Indiana, Massachusetts, and Missouri--three states adopting laws in 2007. Descriptive quantitative information came from insurers, regulators, and surveys of employers. In each state, 15-17 semistructured but open-ended interviews were conducted with insurance agents, insurers, government officials, and third-party administration firms, and 29 informed sources were interviewed from a national perspective or other states. Key informants were selected based on their known or reported experience, in a "snowball" fashion until saturation was reached. Interview notes were coded for systematic analysis. Finally, relevant rulings, brochures, instructions, marketing materials, and other documents were collected and analyzed. Despite the potential for substantial cost savings, use of section 125 plans to purchase individual insurance remained low in these states after 1 or 2 years. Absent a mandate, few employers were strongly motivated to offer these plans in order to retain an adequate workforce, and uncertainty about federal legality deterred doing so. For smaller employers, benefits to owners did not outweigh administrative complexities. Nevertheless, few downsides were found to states mandating or encouraging these plans. In particular, there is little evidence that many employers dropped group coverage as a result. Section 125 plans remain a limited tool for states to reduce the inequitable tax treatment of individually purchased insurance, but a complete remedy requires reform of federal tax law. © Health Research and Educational Trust.

Bureaucratic Tax-Seeking: The Danish Waste Tax

DEFF Research Database (Denmark)

Christoffersen, Henrik; Svendsen, Gert Tinggaard

2002-01-01

model. These suggestions are confirmed by the case of the Danish waste tax with its fixed price approach and perverse incentives compared to that of achieving environmental target levels in a cost-minimising way. Thus, we recommend that bureaucratic institutions should coordinate their tax......-seeking efforts to maximise budgets in the long run and that the ministries that collect green tax revenues should not be allowed to control these revenues. Furthermore, our results dictate that postulated effects from green tax intervention need to be demonstrated....

Slovenian income taxes and analysis of their tax expenditure in 2006-2010

Directory of Open Access Journals (Sweden)

Maja Klun

2012-09-01

Full Text Available Tax expenditure analyses have been an important element in the supervision of reform processes linked to implementing different kinds of tax incentive and the management of a correct tax policy. The paper provides an evaluation of tax expenditure in Slovenia relating to personal income tax and corporate income tax. Four consecutive tax years were selected for the calculation of the tax expenditure on personal income tax (2006-09, while three consecutive years were selected for the corporate income tax calculation (2008-10. The tax expenditure calculated for personal income tax was highest in 2006 and reached 5.2% of GDP. After several changes in personal income tax, expenditures decreased to around 3% of GDP in the following three years. The tax expenditure calculated for corporate income tax was much lower as compared to GDP than for personal income tax, reaching around 0.2% of GDP.

Tax Governance

DEFF Research Database (Denmark)

Boll, Karen; Brehm Johansen, Mette

to wider international trends within tax administration, especially concerning the development of risk assessments and internal control in the corporations and a greater focus on monitoring of these elements by the tax authorities. Overall, the working paper concludes that Tax Governance as a model......This working paper presents an analysis of the experiences of Cooperative Compliance in Denmark. Cooperative Compliance denotes a specific kind of collaborative program for the regulation of large corporate taxpayers by the tax authorities. Cooperative Compliance programs have been implemented...... in several countries worldwide. In Denmark the program is called Tax Governance. Tax Governance has been studied using qualitative method and the analyses of the working paper build on an extensive base of in-depth interviews – primarily with tax directors from corporations participating in the program...

Classical Corporation Tax as a Global Means of Tax Harmonization

OpenAIRE

Kari, Seppo; Ylä-Liedenpoha, Jouko

2002-01-01

Classical corporation tax entails double taxation of corporate income. The alternative practice of imputing corporation tax to the domestic recipients of dividends is shown, in the case of a company with international owners, to effectively convert the imputation system back to a classical corporation tax. It also requires complex rules for exempting flow-through dividends from equalization tax to avoid the cumulation of corporation tax internationally. In contrast, classical corporation tax ...

Imposition of direct taxes on elektronic commerce

OpenAIRE

Baltaduonienė, Vaida

2006-01-01

Problems, relating to the imposition of direct taxes on e-commerce, calculation and collection thereof in e-commerce are discussed in the final Master's thesis with reference to the laws of the Republic of Lithuania, by comparing them with the model of the double taxation avoidance agreement of the Organization for Economic Co-operation and Development as well as the remarks of the experts of this Organization. Criteria, according to which the e-commerce taxation jurisdiction is applicable, a...

Tax Information Exchange with Developing Countries and Tax Havens

OpenAIRE

Braun, Julia; Zagler, Martin

2015-01-01

The exchange of tax information has received ample attention recently, due to a number of recent headlines on aggressive tax planning and tax evasion. Whilst both participating tax authorities will gain when foreign investments (FDI) are bilateral, we demonstrate that FDI receiving nations will lose in asymmetric situations. We solve a bargaining model that proves that tax information exchange will only happen voluntarily with compensation for this loss. We then present empirical evidence in ...

The Tax Base And The Tax Bill. Tax Implications of Development: A Workbook.

Science.gov (United States)

Brighton, Deb; Northup, Jim

The property tax base in Vermont's towns are overburdened as property taxes are usually the only funding method available to finance schools, police departments, highway work, recreation programs, and government in general. Attempting to offer their citizens a balanced program of services without exorbitant taxes, local officials are striving to…

41 CFR 105-55.003 - Antitrust, fraud, tax, interagency claims, and claims over $100,000 excluded.

Science.gov (United States)

2010-07-01

... apply to any debt based in whole or in part on conduct in violation of the antitrust laws or to any debt... antitrust laws or any claim involving fraud, the presentation of a false claim, or misrepresentation on the... 41 Public Contracts and Property Management 3 2010-07-01 2010-07-01 false Antitrust, fraud, tax...

Risk diversification and tax competition : the influence of risk correlations and tax provisions on tax competition

OpenAIRE

Berndt, Markus; Reichl, Bettina

2000-01-01

From standard-portfolio-models the authors derive demand elasticities for risky assets, and combine the results with a simple non-cooperative model of tax competition between capital importing countries. They find that tax rates resulting from tax competition depend heavily on the correlations of capital market indices. If investment alternatives are not correlated, the outcome of both tax competition and a cooperative solution of tax harmonization are identical. The results suggest regional ...

Tax Morality and Progressive Wage Tax

OpenAIRE

Andras Simonovits

2010-01-01

We analyze the impact of tax morality on progressive income (wage) taxation. We assume that transfers (cash-back) and public expenditures are financed from linear wage taxes. We derive the reported wages from individual utility maximization, when individuals obtain partial satisfaction from reporting wages (depending on their tax morality), and cannot be excluded from the use of public services. The government maximizes a utilitarian social welfare function, also taking into account the utili...

Tax havens: Features, operations and solving tax evasion problems

OpenAIRE

Obradović-Ćuk, Jelena; Mitić, Petar; Dinić, Vladimir

2016-01-01

Tax haven offers minimal or no tax liability to foreign individuals and enterprises in economically and politically stable environment, where little or no financial information is shared with foreign tax authorities. The aim of this research is to create a comprehensive overview of the characteristics and operations of tax havens, as well as to point out to the ways to overcome the problem of tax evasion. The methodology used in the work is characteristic of social science research: analysis,...

A taxing environment: evaluating the multiple objectives of environmental taxes.

Science.gov (United States)

Miranda, Marie Lynn; Hale, Brack W

2002-12-15

Environmental taxes have attracted attention in recent years as a tool to internalize environmental externalities. This paper evaluates Sweden's experience with environmental taxes in the energy sector by examining how environmental taxes compare with estimated environmental externalities associated with the use of oil, coal, natural gas, and forest residue fuels. We also analyze how environmental taxes influence fuel choices in the energy sector by comparing the production, environmental, and tax costs for the same fuels. We find that (i) the Swedish environmental taxes correspond imperfectly with environmental costs; (ii) the Swedish tax and subsidy system introduces changes in fuel choice decisions; (iii) the energy users are responding to the incentives created by the tax and subsidy systems in ways that are consistent with economic theory; and (iv) the Swedish experience with environmental taxes and subsidies bears directly on wider evaluations of energy policy approaches internationally.

Energy law. An anthology of the most important legislation and regulations. 9. new rev. ed.; Energierecht. Textsammlung der wichtigsten Rechtsvorschriften und Regelungen

Energy Technology Data Exchange (ETDEWEB)

NONE

2011-07-01

The book under consideration is a current anthology of the most important legislation and regulations on energy law and contains the energy economy law, competition law, general conditions of supply and the tax law.

Everyday Representations of Tax Avoidance, Tax Evasion, and Tax Flight: Do Legal Differences Matter?

OpenAIRE

Kirchler, Erich; Maciejovsky, Boris; Schneider, Friedrich

2001-01-01

From an economic point of view, legal considerations apart, tax avoidance, tax evasion and tax flight have similar effects, namely a reduction of revenue yields, and are based on the same desire to reduce the tax burden. Due to legal differences and moral concerns it is, however, likely that individuals perceive them as different and as unequally fair. Overall, 252 fiscal officers, business students, business lawyers, and entrepreneurs produced spontaneous associations to a scenario either de...

Tax Policy Trends: Republicans Reveal Proposed Tax Overhaul

Directory of Open Access Journals (Sweden)

Philip Bazel

2017-10-01

Full Text Available REPUBLICANS REVEAL PROPOSED TAX OVERHAUL The White House and Congressional Republicans have revealed their much-anticipated proposal for reform of the U.S. personal and corporate tax systems. The proposal titled, “UNIFIED FRAMEWORK FOR FIXING OUR BROKEN TAX CODE” outlines a number of central policy changes, which will significantly alter the U.S. corporate tax system. The proposal includes a top federal marginal rate reduction for the sole proprietorships, partnerships and S corporation—small business equivalents— from 39.6% to 25% (state income tax rates would no longer be deductible. Large corporations would also see a meaningful federal rate reduction given the proposed drop in the federal corporate income tax rate from 35% to 20%. Additionally, the proposal includes a generous temporary measure intended to stimulate investment, full capital expensing for machinery with a partial limitation of interest deductions.

Tax Exemption Issues Facing Academic Health Centers in the Managed Care Environment.

Science.gov (United States)

Jones, Darryll K.

1997-01-01

Traditional characteristics of academic health centers are outlined, and conflicts with managed care are identified. Operating strategies designed to resolve the conflicts are discussed in light of tax statutes and regulations, Internal Revenue Service interpretations, and case law. Detailed references are included to provide a complete resource…

Analysis of the differences between the accounting and tax treatment for items of property, plant and equipment: The Peruvian case

OpenAIRE

Oscar Alfredo Díaz Becerra; Luis Alberto Durán Rojo; Amalia Valencia Medina

2012-01-01

This research work aims principally to make an analysis showing differences between the measurement and the recognition of items of property, plant and equipment. It focuses on the differences caused by existing differences between the treatment settled in the accounting standards and the one settled in the tax regulations related to Corporate Income Tax, for Peruvian case.A review of the related accounting standards and the standards established in the Peruvian Income Tax Law and its regulat...

Paying for individual health insurance through tax-sheltered cafeteria plans.

Science.gov (United States)

Hall, Mark A; Monahan, Amy B

2010-01-01

When employees without group health insurance buy individual coverage, they do so using after-tax income--costing them from 20% to 50% more than others pay for equivalent coverage. Prior to the passage of the Patient Protection and Affordable Care Act (PPACA), several states promoted a potential solution that would allow employees to buy individual insurance through tax-sheltered payroll deduction. This technical but creative approach would allow insurers to combine what is known as "list-billing" with a Section 125 "cafeteria plan." However, these state-level reform attempts have failed to gain significant traction because state small-group reform laws and federal restrictions on medical underwriting cloud the legality of tax-sheltered list-billing. Several authorities have taken the position that insurance paid for through a cafeteria plan must meet the nondiscrimination requirements of the Health Insurance Portability and Accountability Act with respect to eligibility, premiums, and benefits. The recently enacted Patient Protection and Affordable Care Act addresses some of the legal uncertainty in this area, but much remains. For health reform to have its greatest effect, federal regulators must clarify whether individual health insurance can be purchased on a pre-tax basis through a cafeteria plan.

Tax System in Poland – Progressive or Regressive?

Directory of Open Access Journals (Sweden)

Jacek Tomkiewicz

2016-03-01

Full Text Available Purpose: To analyse the impact of the Polish fiscal regime on the general revenue of the country, and specifically to establish whether the cumulative tax burden borne by Polish households is progressive or regressive.Methodology: On the basis of Eurostat and OECD data, the author has analysed fiscal regimes in EU Member States and in OECD countries. The tax burden of households within different income groups has also been examined pursuant to applicable fiscal laws and data pertaining to the revenue and expenditure of households published by the Central Statistical Office (CSO.Conclusions: The fiscal regime in Poland is regressive; that is, the relative fiscal burden decreases as the taxpayer’s income increases.Research Implications: The article contributes to the on-going discussion on social cohesion, in particular with respect to economic policy instruments aimed at the redistribution of income within the economy.Originality: The author presents an analysis of data pertaining to fiscal policies in EU Member States and OECD countries and assesses the impact of the legal environment (fiscal regime and social security system in Poland on income distribution within the economy. The impact of the total tax burden (direct and indirect taxes, social security contributions on the economic situation of households from different income groups has been calculated using an original formula.

Enhancing the Alberta Tax Advantage with a Harmonized Sales Tax

Directory of Open Access Journals (Sweden)

Philip Bazel

2013-09-01

Full Text Available Alberta enjoys a reputation as a fiercely competitive jurisdiction when it comes to tax rates. But the reality is that the province can do better with a tax mix that has greater emphasis on consumption, rather than income tax levies. While Alberta has a personal tax advantage compared to other Canadian jurisdictions — but not the United States — it relies most heavily on income taxes and non-resource revenues that impinges on investment and saving. Taxes on new investment in Alberta’s non-resource sectors are no better than average, compared to other countries in the Organization for Economic Cooperation and Development, or OECD, so it is not exceptionally attractive to many different kinds of investors. And Alberta’s corporate income tax rate is not much more competitive than the world average for manufacturing and service companies. By introducing the Harmonized Sales Tax with a provincial rate of 8 per cent (in addition to the federal 5 per cent rate, Alberta has the ability to make its tax system more competitive. An HST would even allow the province to entirely eliminate income tax for the majority of families. And because the HST would be easily administered using the same collection mechanisms that already exist for the GST, implementing a new Alberta HST could be done relatively smoothly and with minimal additional administration costs. Adopting an Alberta HST is the simplest, most efficient and fairest way to reform the provincial tax system, and will deliver noticeable benefits to Albertans, most visibly in the form of significant income tax relief. It would enable the province to raise the income-tax exemption from $17,593 to $57,250, making it possible for couples to earn up to $114,500 free of any provincial income taxes. In addition, the province could lower income tax rates for income over that amount from 10 to nine per cent. And with the revenue from the HST, Alberta would have the capacity to lower its general corporate

A tax proposal for a cash flow corporate tax

Directory of Open Access Journals (Sweden)

Lourdes Jerez Barroso

2013-12-01

Full Text Available Purpose: Due to its advantages in terms of neutrality and simplicity, the aim of this paper is to design a tax base for corporation cash flows, as well as to develop its practical implementation.Design/Methodology: The conceptual aspects and the background of tax on corporation tax flows are reviewed and a tax base that levies a charge on the corporation’s economical activities’ cash flow is then proposed. In order to carry this out, a methodological procedure is developed on the basis of the accounting documents that companies must present and through which the stock variables and the accounting documents’ work flow is transformed into cash flow.Findings: An implementation on the basis of the accounting documents that Spanish companies must present. Practical Implications: This paper defines the procedure to follow in order to determine the tax base of a cash flow corporate income tax on the basis of its accounts, which would allow an estimation of this tax figure’s revenue impact.Originality/ Value: The design of a tax base of cash flows for companies. The accounting approximation carried out to determine the cash flows justifies the fact that the tax base proposal is technically possible.

TAX AND ACCOUNTING RULES APPLICABLE TO VEHICLES WITH LIMITED TAXATION TREATMENT

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ECOBICI NICOLAE

2012-09-01

Full Text Available In the context of the deep changes imposed by our country's integration into the European Union, it is wellknown that tax law has undergone substantial changes, especially in terms of value added tax. However, with thecoming of the financial and economical crisis in Romania, the authorities have always been concerned with attractingadditional amounts to the general consolidated budget, justification that contributed to the issue of legislativedocuments in order to limit the deduction of certain expenses incurred by entities not directly related to businessperformance, and the value added tax in respect thereof. Based on this consideration, in this paper we intend toaddress the accounting and tax implications that legislative changes applicable from May 1, 2009 [2], regarding thelimitation of deduction right for vehicles, have on both the taxable income from a firm and on the cash assets, withoutomitting to analyze the changes affecting this sector since January 1, 2012 and thereafter on July 1, 2012. Therefore,the purpose of this paper concerns, on the one hand, the fiscal approach in terms of income tax and VAT for the purchase of vehicles (including leasing, fuel and operating , maintenance and repair costs thereof, and on the otherhand, the accounting rules required for motor vehicles, owned or in use, subject to expense deduction limitation.

Reducing tobacco use and access through strengthened minimum price laws.

Science.gov (United States)

McLaughlin, Ian; Pearson, Anne; Laird-Metke, Elisa; Ribisl, Kurt

2014-10-01

Higher prices reduce consumption and initiation of tobacco products. A minimum price law that establishes a high statutory minimum price and prohibits the industry's discounting tactics for tobacco products is a promising pricing strategy as an alternative to excise tax increases. Although some states have adopted minimum price laws on the basis of statutorily defined price "markups" over the invoice price, existing state laws have been largely ineffective at increasing the retail price. We analyzed 3 new variations of minimum price laws that hold great potential for raising tobacco prices and reducing consumption: (1) a flat rate minimum price law similar to a recent enactment in New York City, (2) an enhanced markup law, and (3) a law that incorporates both elements.

Faktor-Faktor yang Menyebabkan Wajib Pajak Melakukan Tax Offenses, Tax Fraud, dan Tax Evasion (Studi Empiris di KPP Pratama Medan-Polonia)

OpenAIRE

Amalia, Gita

2016-01-01

This research aims to analyze the influence of tax fairness, tax compliance, tax knowledge, tax system, and discrimination against taxpayer perception about the ethical of tax offenses, tax fraud, and tax evasion. This research was conducted at the tax service office Pratama MedanPolonia, with a sampling technique is convenience sampling and distributing the questionnaires until fifty questionnaires. All of the questionnaires given to the taxpayer who listed on tax service office Pratama Meda...

Tax policy to combat global warming: On designing a carbon tax

International Nuclear Information System (INIS)

Poterba, J.

1991-01-01

This chapter is divided into five sections. The first describes the basic structure of the carbon tax, focusing on the policies already in place in Europe as well as proposed taxes for the US. The second section considers the distributional burden of carbon taxes across income groups. The third section examines the production and consumption distortions from a carbon tax, using a simple partial-equilibrium model of the energy market. These estimates do not correspond to the net efficiency cost of carbon taxes because they neglect the reduction in negative externalities associated with these taxes, but they indicate the cost that must be balanced against potential efficiency gains from the externality channel. The fourth section discusses the short- and long-run macroeconomic effects of adopting a carbon tax, drawing on previous empirical studies of the relationship between tax rates and real output growth. A central issue in this regard is the disposition of carbon tax revenues. The fifth section considers several design issues relating to carbon taxes, such as harmonization with other greenhouse taxes and the difficulty of taxing fossil-fuel use in imported intermediate goods. There is a brief concluding section that discusses broader issues of policy design

Aplicações da lei de Newcomb-Benford na auditoria tributária do imposto sobre serviços de qualquer natureza (ISS Applications of the Newcomb-Benford law in the tax audit of the service tax (ISS

Directory of Open Access Journals (Sweden)

Josenildo dos Santos

2009-04-01

Full Text Available Este artigo teve por objetivo verificar se o modelo contabilométrico baseado na Lei de Newcomb-Benford (NB-Lei é aplicável ao trabalho de auditoria tributária do ISS. Para isso, realizou-se a confrontação do resultado do modelo contabilométrico com o obtido pela auditoria contábil-fiscal registrado no relatório Termo Final de Fiscalização lavrado pelo fisco da Prefeitura localizada em uma Cidade do Nordeste. Optou-se por realizar um estudo de caso em uma empresa pertencente ao segmento de publicidade e o período de análise compreende as notas fiscais (NFs emitidas durante os anos de 2002 a 2005. Para o levantamento dos dados, utilizaram-se múltiplas fontes de evidências ao alcance dos objetivos do trabalho, analisando-se o conjunto dos seguintes documentos: a Código Tributário Municipal; b Código Tributário Nacional; c Termos finais de fiscalização; d Declaração de serviços de empresas fiscalizadas; e Relatórios de divergências das empresas fiscalizadas; f Manual de rotinas de fiscalização. No que tange ao tratamento de dados, adotou-se como estratégia a utilização da estatística descritiva (medidas de posição e dispersão e a estatística de inferência (teste de hipótese e significância e análise de correlação. Os resultados oriundos do estudo de caso da empresa de publicidade evidenciaram a aplicabilidade do modelo baseado na Lei de Newcomb-Benford para o processo de auditoria tributária do ISS, pois esse sinalizou os possíveis desvios com a emissão e escrituração das notas fiscais, os quais foram confirmados com os resultados da fiscalização.This paper aimed to check if the quantitative accounting model based on the Newcomb-Benford Law (NB-law is applicable to ISS tax auditing. For this purpose, the result of the quantitative accounting model was confronted with the result of the accounting-fiscal audit registered in the Final Fiscalization report elaborated by the tax authorities of a municipal

The taxes allocation devoted to the sustainable development (energy conservation, renewable energies)

International Nuclear Information System (INIS)

2005-01-01

This document aims to bring a better knowledge of the sustainable energy equipment which benefit of tax allocation. It presents the expenditure concerned by this law, the buildings where the expenditure are allowed, the expenditure amount and the administrative procedure to benefit of this decree. (A.L.B.)

Estonian Tax Structure

Directory of Open Access Journals (Sweden)

Viktor Trasberg

2014-08-01

Full Text Available The paper analyses Estonian tax structure changes during the last decade and critically assesses the current situation. The country’s tax mix is rather unique among EU countries – it has one of the highest proportions of consumption taxes in total taxes and the lowest level of capital and profit taxes. Such an unbalanced tax structure creates risks for public finances, limits revenue collection and distorts the business environment.

Tax tips for forest landowners for the 2008 tax year

Science.gov (United States)

Linda Wang; John L. Greene

2009-01-01

This article summarizes key federal income tax provisions for forestland owners, foresters, loggers, forest product businesses, and tax practioners, and is current as of October 1, 2008.  Consult your tax and legal professionals for advice on your particular tax situation.

Tax planning in corporation

OpenAIRE

Nevodnicheva, Yulia

2010-01-01

This thesis "Tax planning in corporation" puts brain to legal entity income tax and it is looking for possible solutions in tax planning in corporation. The first part deals with the tax theory, the other part is the theory of tax planning, comparison of tax regimes and tax policy and tax revenue by optimizing both internationally and in the local aspect. The last part discusses options for optimizing tax

REFLECTIONS OVER THE FINANCIAL CRISIS AND TAX HEAVENS INFLUENCE IN LAUNCHING IT

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Constantin ENEA

2010-09-01

Full Text Available The problem of tax havens, "Finance about black holes, was revived in November 2008, during the worst financial crisis at a meeting of 17 countries held in Paris on the initiative of Germany and France. Participating countries have asked the OECD to update until mid 2009, a blacklist of tax havens, adding that Berlin called Switzerland. A previous list was published in early 2000 by the OECD. But there were only three countries - Monaco, Andorra and Liechtenstein. Some states were removed from the list over the years, after he had pledged transparency. Fearing not appear on the list updated, Belgium, Austria, Luxembourg, Switzerland, Liechtenstein and Andorra but announced last minute changes to national laws on banking secrecy. According to OECD methodology, a country must meet four criteria to fall within the tax havens. First, association with tax havens you levied level is very low, and in some cases to zero. But this criterion is not sufficient given that each jurisdiction has the right to individually set the taxes levied inside. Other criteria set forth by the OECD refers to the lack of transparency of bank operations, the existence of regulations that impede the exchange of information between governments on taxes and the absence of conditions for economic activities undertaken by some companies to be substantial. This latter criterion may reveal the intention of certain countries to attract investment based only on the opportunities offered by the tax - the so-called offshore centers.

Paying taxes in Euro area countries: issues behind tax morale

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Virgilijus Rutkauskas

2016-10-01

Full Text Available This article investigates theoretical and practical aspects of tax morale in euro area countries. The attitude of households on tax payment – whether to pay taxes or not – is assessed quantitatively by employing dichotomous logit-probit regression analysis. Research is based on household level data received from World Values Survey and European Values Study. The results suggest that the main issues behind weak tax morale are corruption, disrespect to the country. Additionally tax morale is significantly affected by factors like age, gender, religiousness, gender, income and education. Article concludes on possible policy options in order to increase tax morale.

Tax havens or tax hells? A discussion of the historical roots and present consequences of tax havens

Directory of Open Access Journals (Sweden)

Ana Margarida Raposo

2013-09-01

Full Text Available Tax havens are not recent phenomena. However, in contrast to historical precedents, tax havens in the age of mobile capital allow for non-consensual transfers and are not profitable for every citizen. We discuss the four main groups of tax havens (former Western possessions, sovereign nations, countries controlled by cartels, and emerging economies. This article also synthesizes the history of tax havens and describes their current heterogeneity, discussing the main methods available to regulate tax haven flows. Some of the most efficient methods involve unilateral measures (such as the Fiscal Transparency of Outland Societies but also encompass multilateral measures (such as Tax Harmonization and the Request for Information.

Agreement of the silent partnership – tax and legal consequences of its conclusion and execution

OpenAIRE

Monika Zieniewicz

2016-01-01

The institution of the silent partnership is not currently regulated by any legal act in the Polish legal system, although its importance in practice is not in doubt. As every action made in the economic sphere and economic execution of the contract is associated with specific effects on the basis of the tax laws. However, due to the lack of statutory regulation of the institution of silent partnership problematic is the question of determining the effects of tax legislation. Therefore, speci...

Tax Expenditures in Croatia

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Vjekoslav Bratić

2006-06-01

Full Text Available The tax system of the Republic of Croatia contains a large number of very diverse kinds of tax expenditures whose the declared aim is to achieve certain social and economic objectives. This paper considers all the items that constitute tax expenditures in Croatia, within the systems of the personal income tax, corporate income tax, and real estate transfer tax and value added tax. The objective of the article is to determine the real level of tax expenditures per form of tax in the 2001-2004 period. We hypothesised that the tax expenditures in the analysed forms of tax are both high and growing, which was ultimately borne out, for almost all the analysed items in the tax forms considered are growing.

The state tax regulation in the oil and gas industry

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E. I. Cherkasova

2018-01-01

Full Text Available Russian tax laws in petrochemical complex generally has a fiscal orientation now. The current system of taxation in the oil industry has the biggest tax burden in the world, amount of oil and gas revenues was more then 43-51% of all budget revenues over past decades, remaining its main source. Generally, there were changes in the ratios of incomes in the forms of export customs duty and tax on the extraction of minerals. State policy in the field of resource payments affects the entire industry, influencing the structure of oil and oil supplies on internal and external markets and realization of the programs for modernization and development in priority areas. Changes of structure of national production, increasing the contribution of agriculture, IT sphere and other branches to aggregate national product should be reflected in the revision of the tax burden on the industries, associated with the extraction and processing of minerals. It is necessary to reduce the fiscal direction of tax regulation in petrochemical sector with a simultaneous increasing the role of tools that stimulate modernization and updating of equipment, implementation of new processes and technologies, the maximum use of process-deepening processes as well as the development of deposits with severe production conditions. In the near future, it is planned to introduce new changes in taxation in field of oil production and refining - introduction of benefits for oil production in new fields or fields with difficult production conditions or poor quality of oil and introduction of a tax on additional income..