Dissertations / Theses on the topic 'Contribuable'
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Mansouri, Elham. "A la recherche du contribuable marocain." Paris 2, 2000. http://www.theses.fr/2000PA020078.
Full textBangui, Taha. "La notion de garanties du contribuable." La Réunion, 2004. http://elgebar.univ-reunion.fr/login?url=http://thesesenligne.univ.run/04_24_Bangui.pdf.
Full textInquiring about the changes which have occured in tax procedures since the act passed en 2 April, 1955, leads one to present, beyond legislative or lawful reformes, the changes which are taking shape within the relations between the tax authorities and the taxpayer. Those changes are not simply the consequences of different directives laid down by new texts on tax procedures. Indeed, even if procedural practices have been drastically changed, what matters today is the analysis of the pratices of the inspectors in order to fully appreciate, beyond the contents of the texts, the changes which have talken place. Now, the appreciation of those praticies confirm the idea that reinforcement of the guarantees granted to the taxpayer is indeed a new concern. Yet it has also been noticed a true conflict between those guarantees and the guarantees which are ordinarily offered by the common law. This conflict takes the form of a deterioration of the guarantees of the comman law as well on the level of the respect of the right of private property as on the level of the respect of the guarantees of private life. These particular practices make it obvious that the methods of controlling and collecting taxes need to be changed. Then, the said procedures as regards controls as well as adjustments provolce many derogations to the principle of the rights of the defendant, which specificity in fiscal law is the research of all the guarantees of tax safety by the taxpayer
Boulakhrif, Driss. "Le contribuable dans le système fiscal marocain." Bordeaux 1, 1987. http://www.theses.fr/1987BOR1D014.
Full textThe situation of the moroccan tax-payers has always been characterized by inconsistencies. On the one hand, the state has never taken a real interest in the tax-payer as such, but merely, beyond him, in the taxable assets. On the other hand, there has always been a lack of real equality of the tax-payers before tax. Before this apparent contradiction, one can find no economic motives, but merely a logic of a political type. Actually, the distribution of the tax burden between the various categories of taxpayers is, to a large extent, a function of their respective position in comparison with the political power. Those who hold the power have always tended to adjust the tax system in order to bear a lesser part of this burden. As to the others, the leniency shown depends on the pressures and the influences they can bring to bear on this power. In the long term, such a situation can only be detrimental to those who make the most of it, because ot the tensions it creates and the conditions of dissatisfaction it develops. That is why a homogeneous system should be substituted for the present "split-up" system which deals differently with the tax-payers according to the category to which they belong
Boulakhrif, Driss. "Le Contribuable dans le système fiscal marocain." Lille 3 : ANRT, 1988. http://catalogue.bnf.fr/ark:/12148/cb376032955.
Full textRicher, Daniel. "Les droits du contribuable dans le contentieux fiscal." Lyon 3, 1996. http://www.theses.fr/1996LYO33011.
Full textCrouy-Chanel, Emmanuel de. "Le contribuable - citoyen : histoire d'une représentation fiscale, 1750-1999." Paris 1, 1999. http://www.theses.fr/1999PA010331.
Full textSid, Ahmed Karim. "Droits fondamentaux du contribuable et procédures fiscales (étude comparative)." Paris 1, 2006. http://www.theses.fr/2006PA010257.
Full textSid, Ahmed Karim. "Droits fondamentaux du contribuable et procédures fiscales : étude comparative /." Paris : l'Harmattan, 2008. http://catalogue.bnf.fr/ark:/12148/cb41197977d.
Full textHaloui, Khalil. "Les garanties du contribuable dans le cadre du contrôle fiscal en droit marocain." Phd thesis, Université de Grenoble, 2011. http://tel.archives-ouvertes.fr/tel-00683303.
Full textLetranchant, Stéphane. "Substitution de base légale et garanties du contribuable : une conciliation difficile, voire impossible ?" Paris 5, 2006. http://www.theses.fr/2006PA05D011.
Full textIn tax law, the principle of the substitution of legal foundation means that the Tax Authorities are invested with the facu!tv to change the motive for an adjustment before the tax tribunals. Although fac latter is predicated on certain fundamental principles. Its applicability appears to be particulary problematic. The Tax Authorities’ use of this prerogative is, in fact. Prejudicial to manv of the taxpayer’s guarantees vho, as such, appears to be deprived of the most substantial protective measures generally recognised as being available to it in case it wishes to contest a rectification. The tax payer’s position within the framework of tax disputes is, hence, considerably weakened by the existence of this mechanism whose implementation is a veritable source of insecurity and legal inequality. In this regard, the matter of the legitimacy of the substitution of legal foundation gives rise to debate and questioning to the extent that numerous arguments advocating its removal have come to the fore
Yakovenko, Ivan. "Droits fondamentaux du contribuable dans les systèmes européens de protection des Droits de l'Homme." Thesis, Strasbourg, 2018. http://www.theses.fr/2018STRAA009.
Full textNowadays, the use of different provisions intended to protect human rights in general, and the ECHR, in particular, by taxpayers and their counsel does not surprise with many domestic jurisdictions increasingly making reference to the Convention in any type of tax litigation. However, it is still a difficult topic to address as it simultaneously crosses across both public and private law. The main aim of this study is to identify the position of the Court on taxation matters, when it assumes a specific role in the protection of the taxpayer’s fundamental rights and freedom. Emphasis is given to the impact that the provisions of the Convention can exert on the evaluation of substantive and procedural tax rules that are applied in several countries of the Council of Europe and the protection of the taxpayer’s rights. The study has a specific interest to provide the means for a better understating of the real value of the European Convention on Human Rights for the protection of the taxpayer’s rights propelled by its dynamic interpretation over the past years. In this regard, the originality of the study is based on a broad analysis of cases recently decided by the Court. As far as possible, a comparison with the case law of the CJEU is also undertaken
Wrazen, Céline. "Fiscalité et réciprocité : Vers une mutation des relations entre l'Administration fiscale et le contribuable." Thesis, Lyon 3, 2011. http://www.theses.fr/2011LYO30110/document.
Full textEssence of social relations, reciprocity is the fundamental principle which governs human exchanges and defined the balance of their relationships. Protean and functional, it remains a delicate notion, between cooperation and struggle, in sociology but also in law. This balance cannot rhyme with equality when we study public relations: people don’t act behind a veil of ignorance and Administrations must work for public interest. The hiatus displayed, it is embodied basically in the unilateralism and legality of tax law. The reciprocal character is not excluded from these relations; from equality, it could be the anthropological and legal concept, serving each one, proportionally. Source of the human values and structures, from the family organization to the society organization, reciprocity colours both tax system that more special instruments. In accordance with its double nature, it may be in the form of “revenge” – tax compliance and tax inspection, failure to fulfil tax obligations and tax adjustment... – like in international law, but also in the form of “alliance” – Charters, tax audit, transaction... – like in contract law. Stabilizer, reciprocity is related to the renewal of these relations at all stages of the tax procedures – taxation, control, litigation – in the sense of a necessarily differentiated balance, which leads to an exchange of goods in the asymmetric conservation, or simply deferred, of the interests of each one
Atanga, Fongue Roland. "Contrôle fiscal et protection du contribuable dans un contexte d'ajustement structurel : le cas du Cameroun." Le Mans, 2006. http://www.theses.fr/2006LEMAA001.
Full textAtanga, Fongue Roland. "Contrôle fiscal et protection du contribuable dans un contexte d'ajustement structurel : le cas du Cameroun /." Paris : l'Harmattan, 2007. http://catalogue.bnf.fr/ark:/12148/cb41197617q.
Full textSebastien, Gilles. "Le contribuable et son juge : le système de régulation juridictionnel des décisions fiscales : l'exemple du tribunal administratif de Toulouse." Toulouse 1, 1994. http://www.theses.fr/1994TOU10031.
Full textThe applicant tax payer is the central element of the fiscal litigation system but in french tax law he is non-existent. Who is the applicant taxpayer ? which tax is the most contested ? what sort of claims before the judge are presented by the taxpayer ? what is the claimant's geographical localisation in the administrative court's district ? what solutions are to be devised by the judge ? answers to the above questions are not to be found in french tax law. The relations between the applicant taxpayer and the judge in the course of a trial follow the rules of administrative litigation (written, contradictory, inquisitorial characters). But some specific characters of fiscal procedure reveal themeselves : e. G. Examining techniques by the fiscal judge, such as expert's reports ; the claimant's having recourse to the services of a lawyer so as to be guided in the maze of the french fiscal system ; the silence of the fiscal administration thought it is the opposing party, which merely, in most of cases, answers the claimant's written memoranda
Hemery, Marie. "Citoyenneté fiscale et droit de l'Union européenne : de la protection européenne du contribuable national au consentement de l'impôt européen." Electronic Thesis or Diss., Paris 12, 2023. http://www.theses.fr/2023PA120002.
Full textThe European protection of the national taxpayer has an impact on tax citizenship as a principle of tax legitimisation. The national conception of tax duty based on the political participation of the citizen in his consent, through his representatives, is confronted with the European conception of tax duty based on the protection of the taxpayer, as the holder of freedom of movement, and aimed at favouring the construction of an economic area without borders. However, the study of these interactions shows that the relationship between European integration and tax citizenship should not be seen as a unilateral process whose only consequence would be the weakening of the latter, but as a transversal process where the effects of the enforcement of EU law on tax citizenship have a retroactive effect on the degree of European tax integration and, beyond, on the political organisation of the European Union. This observation invites us to study how these conflicting relations could, following the federal logic, be solved through the creation of a European tax consented by the European citizens themselves
Rasamoelina, Zoarinandrasana. "Les transformations du contentieux fiscal à Madagascar." Thesis, Paris 1, 2016. http://www.theses.fr/2016PA01D050.
Full textAs a legal instrument for each litigant, both for the taxpayer and for the tax administration, tax litigation is, in theory, an enabling observatory to measure the impact, the extent and the effectiveness of public policy concerning taxation. From a general point of view, it used to test in generally tax policy. Those are the terms under which its conceptualization as a control and modeling mechanism may be undertaken. Such efficient concept is essentially based upon the prism of judicial independence, separation of powers, effectiveness of judicial review, and by inference, protection of the rights and guarantees of the parties. However, the reality is very far removed from these aspirations. Indeed, tax litigation is characterized by three significant features, namely the supremacy of tax administration, the judge’s renunciation and divestment, in the same time the dispossession of Justice in favor of recourse to the contract-based solutions and the increased use of Alternative Dispute Resolution, and finally the decline of taxpayers right. To the prerogative of the public authority, expressly conferred by law upon the tax authority, are added the discretionary powers, which confers a quasi-judicial status. This way, amid a heightened legicentrisme and a misunderstanding of the concept of general interest and the role of tax judge, it results in the establishment of a real atrophied system, characterized by the judge’s renouncing his role and by the expansion of authorities’ administration. It is disappointing to note an overflow of the judiciary by other regulatory agencies. The litigation is outside judge’s control in favor of the administration, with complete indifference and appears to be more like a latent connivance. It is highly necessary to challenge things that are taken for granted, both the substantive and the procedural norms, and to deal with this form of legal orthodoxy which assumes that the rules are immutable. Furthermore, tax changes with the economic scene in constant flux, the litigation system must be also scalable, to provide legally consistent solutions, economically logical and equitable nonetheless. The evolution and the transformation of litigation should be a part of the legalization of all phases of the procedure. The aim is to enable effective control, neutral and objective, to avoid arbitrary decisions, even unequal, and finally to balance taxpayer rights and prerogatives of the administration
Wang-Foucher, Haiying. "Pouvoirs de l'administration et garanties du contribuable dans la vérification de l'entreprise : (étude comparative : France, Chine, Royaume-Uni et États-Unis)." Paris 1, 2007. http://www.theses.fr/2007PA010266.
Full textHamrouni, Slim. "Le contribuable, l'administration fiscale et le juge dans le contentieux fiscal et le contentieux fiscal pénal en droit tunisien : essai sur l'équivalence des rapports." Perpignan, 2005. http://www.theses.fr/2005PERP0605.
Full textIn the tunisian law,the tax litigation is specific in its two forms either fiscal or repressive. In fact,this specificity emanates from the fact that it differs from the common law rules. The tax litigation always relates the internal revenue service and the taxpayer. Besides when the tax litigation exceed the administrative phase,or when it extends to criminal proscute, the intervention of a judge of tax or a repressive one is compulsory. As a consequence of the presence of the internal revenue service in terms of public authaurity which defends the general iterest, the rights and garanties are mainly unequal in the relationship between the internal revenue service, the taxpayer and the fiscal or penal judge. Really,the bilateral relationship between the internal revenue service and the taxpayer in the administrative phase is caractered by the biggest rightes according to the internal revenue service. In fact the rules prescribed for the prelitigation and the litigation phases are often at the administration favour. It's the taxpayer who is overcharged by giving his allegation proof to obtain discharge,reduction or restitution of taxation. The judicial judge is in his turn submitted to the deviating procedure of the fiscal instance which reduces his power. The internal revenue service superiority is more clear in the criminal proscute where the judge and the taxpayer are under his authority and even whimsy desire
Konmam, Prosper. "La fiscalité locale au Cameroun." Thesis, Paris 1, 2013. http://www.theses.fr/2013PA010269.
Full textLocal taxes as all of the legal mechanisms for the collection of local taxes for the benefit in whole or in part of local communities appear in Cameroon with the formal creation of the cities in 1944. Before this reorientation of the taxation in the territory of Cameroon under trusteeship, it is actually a tool of colonial domination in the service of the interests of the colonial power. In the aftermath of the country's independence in 1960, the local tax system remains unchanged with the predominance of the ACC and a myriad of taxes and fees including productivity remain low. The timid reform of 1974 which has the real purpose of standardize the tax system after the reunification of the two Cameroon (Anglophone and Francophone) does in the end no major innovation. The same difficulties persist and worsen even with the economic crisis of the 1990s. Beyond the external factors, these difficulties are related to the bigotry of the administrative organization mode and on the other hand the weakness of legislation. A hope was born with 2009 reform, fruit of the ongoing decentralization process in Cameroon. This reform, despite its advances, rest however only below expectations and local communities in their vast majority are still in extreme poverty. New resources tax and nontax research processes are more experienced, strong partnerships of all kinds and the greater extension also taxable matter at the local level. These advances for efficiency strongly need a new form of administration of local tax and a strengthening of the legislative and regulatory system in striving to create better relations between the Administration and the taxpayers and also draw successful experiences elsewhere in other African countries at the same level of development. Reform is possible contrary to mediated by the afro-pessimists. For this, a clear diagnosis of the situation must be made and accepted by the central authority, but by local authorities and then all the implemented solutions highlight in this study should be sufficient to leave local taxation in Cameroon from its torpor
Ngoto, Yaga. "Le statut de contribuable dans le système fiscal zaïrois. Etude critique et comparative de la genèse de la norme fiscale statutaire dans la perspective d'instauration d'un nouveau système fiscal en république démocratique du Congo." Paris 9, 1999. https://portail.bu.dauphine.fr/fileviewer/index.php?doc=1999PA090034.
Full textAbitam, Alain. "Les garanties des contribuables dans les procédures d'imposition." Paris 2, 1999. http://www.theses.fr/1999PA020101.
Full textKourouma, Joseph. "La mobilisation des ressources fiscales en Guinée : contribution à la nécessaire transformation du système fiscal guinéen." Thesis, Lyon, 2016. http://www.theses.fr/2016LYSE3027.
Full textThe recurrence of the public deficit in Guinea and the subsequent difficulty of financing public services, requires that more financial resources are identified to address them. Among the means of reducing the deficit, tax, due to its low budget participation (17% against 20% of GDP in the countries of the West African sub-region) is a government revenue whose performance must be substantially improved.Achieving this goal requires first that we reform the tax policy : In addition to highlighting commercial agreements including tax and customs implications dwindling budget revenues, and tax expenditures resulting from the policy of attraction of foreign investments, it is important to improve the tax efficiency strategies, which consist firstly to reform domestic taxation and secondly, to strengthen international tax cooperation to improve the fight against fraud and tax evasion. It is then important that we pay attention in the relationship between the tax administration and the taxpayer. These include identifying the reasons for the lack of civism of the Guinean taxpayer. They boil down to a propensity of public financial administration, with significant powers, to bail out public funds facing taxpayers benefiting from weak legal guarantees, and a deep mistrust of the latter in the good management of the tax-paid, which requires measures extra-fis which requires criminal measures to ensure the effectiveness and the efficiency of public resources, thus taxThey boil down to a propensity of public financial administration, with significant powers, to replenish public funds facing taxpayers who receive only weak legal safeguards and a deep distrust of the latter on the good management of the tax paid, which requires extra tax measures to guarantee the effectiveness and efficiency of public resources, thus tax
Guimaraes, de freitas Magali. "Les prix de transfert pratiqués par les entreprises transnationales françaises et brésiliennes de 1994 à 2010 : 'Cas des droits de la propriété incorporelle'." Phd thesis, Université Paris-Est, 2010. http://tel.archives-ouvertes.fr/tel-00673607.
Full textBazart, Cécile. "La fraude fiscale : modélisation du face à face Etat contribuables." Montpellier 1, 2000. http://www.theses.fr/2000MON10067.
Full textGuimaraes, de Freitas Magali. "Les prix de transfert pratiqués par les entreprises transnationales françaises et brésiliennes de 1994 à 2010 : ‘Cas des droits de la propriété incorporelle’." Thesis, Paris Est, 2010. http://www.theses.fr/2010PEST2004/document.
Full textTransfer pricing are the prices to which services, the tangible property and intangibles are exchanged between parties with a link dependency in cross-border operations. The transfer pricing of the transactions with the intangible property rights adopted by a group of parties having a bond of dependence have a direct incidence on the benefit declared by each one as of these parts in their respective country. The French and Brazilian legislative measures incorporate the principle Řarms, however implicitly. The question of whether a taxpayer has respected the principle Řarms, however implicitly is a matter of fact to be examined in each case
Turrin, Marion. "La légitime répression de la fraude fiscale." Thesis, Aix-Marseille 3, 2011. http://www.theses.fr/2011AIX32001/document.
Full textThe tax fraud repression legitimacy refers to the different prerogatives the fiscal administration implements to prevent, detect and sanction anyone trying to shirk its tax responsibilities. This process, that must be coordinated with the fundamental rights, is part of tax rules.This requirement, part of the Constitution, involves a balance between relations that is difficult to reach.This fight against tax fraud, lawful objective in the way it preserves tax equality, justifies the use of measures that infringes fundamental rights and weakens the legal security any taxpayer has the right to pretend.These guaranties opposed themselves to the tax administration and its ability to appreciate the different breaches it notices without any limitations.The judge role is then fundamental since he has to preserve anyone’s rights and duties, he participates to the creation of a basis of obligations that have to be followed for each procedure, and that are reused afterwards by the legislator
Cheng, Li. "Le principe de légalité de l'impôt et son application en Chine." Thesis, Aix-Marseille, 2013. http://www.theses.fr/2013AIXM1014.
Full textThe principle of legality of the tax, being a translation of the taxation consent in a legal background, is universally recognized by democratic countries. This principle, consisting to limit the taxation power of the government and to protect the fundamental rights of citizen, plays a crucial role to establish a hierarchy of legal rules. However, this principle is recognized only partially and vaguely in China. We have conviction that the effective application of this principle will not only improve the efficiency of the management of the taxes, but also calm down the tensions and to improve the relationship between the administration and tax payers.The application of this principle must be carried out around two axes: one consists in the establishment of taxation rules principally by law in order to limit the power of regulation of government, the other in effective application of the legal rules in taxation, in order to protect the tax payer’s rights. For the first one, abrogation of delegations of legislative power appears desirable and necessary to settle the problem of negligence of legislator’s competence, as well as the depreciation of the tax norms in China. And as for the second one, it is necessary to notice the illegality and irregularities in the execution of the legal rules, which is an obstacle to apply this principle either in the taxation in the proceedings
Pellas, Jean-Raphaël. "Fiscalité et service public." Thesis, Paris 1, 2015. http://www.theses.fr/2015PA010266.
Full textThe financing of cultural activities through taxation undergoes mutations that affect the very essence of public service culture. Both the tax that the public service culture are vectors of social cohesion. On the one hand, the tax connects the individual to a political community and social ties rooted in body of constitutional rules. But in recent decades, this link penny loosens the pressure resistance to tax. The adoption of new own paradigms to provide consent to taxation does not seem sufficient to stem tax avoidance. On the other hand, cultural public policy of the State, which is a factor of social cohesion around cultural identities are fragmented in the same time, to the point that a multiplication of decision making bodies in the cultural field has seen the day during the last thirty years. This institutional arrangement, polycentric, led the state to adopt new governance models making it more permeable hybridization of its work with the private sector. The scarcity of public resources allocated to support cultural activities weaken in times of cri sis, the fulfillment of cultural interventions of the state. The new tax regulation model that tends to b1ing about a procedural legitimacy of the tax, in the absence of cognitive legitimacy, combined with the new cultural mode! which involves increasing participation of the management of cultural activities by the private sector leads to a reordering of cultural public action. By using private financing techniques including sponsorship background, including conservation and development of cultural heritage value is weakened to market risk. The cultural state is no longer collection of the market but is confined to a strategist State posture. Paradoxically, the commodification of cultural property, accentuated by tax incentives, unfolds as to blur the public cultural action of the catalyst state of cultural identities
Katir, El Hassane. "Contribution à l'analyse de la doctrine administrative fiscale au Maroc." Thesis, Paris 1, 2016. http://www.theses.fr/2016PA01D043.
Full textAs an effective phenomenon marking the tax area, the tax administrative doctrine is a show of power of the tax administration and of their writers as well, to the point that it substitutes widely to the tax norm. This raises question of respect for the hierarchy of legal standards and taxpayer protection against the excesses of the tax administration interpretation. The tax administrative doctrine has no juridical value but, often, tax inspectors apply the administrativ circulars, bargaining and risking sometimes the juridical and law security and the taxpayers' guaranties. Thi power force of the tax administrative doctrine calls us on its status so as not to be placed on a hierarchical ran superior to the fiscal text. The tax administration in Morocco is not immune against this phenomenon which should normally seek th intervention of the juridical authority. However, taxpayers are reluctant to resort to administrative courts to challenge illegal doctrine and prefer to express individual requests to the administration for the interpretation of the law. Also, to monitor and contrai the administrative doctrine, it is necessary to rethink the elaboration of this doctrin in the order of greater efficiency by adopting an approach of collective conception. And to mitigate the possibl abuse, the appeal of abuse of power must have the importance it deserves in the field to assert the supremacy of the law and to consolidate the state of right
N?ske, Jo?o Ricardo Fahrion. "Os impostos indiretos e a (des) prote??o de direitos fundamentais : uma necess?ria rean?lise das imunidades tribut?rias." Pontif?cia Universidade Cat?lica do Rio Grande do Sul, 2018. http://tede2.pucrs.br/tede2/handle/tede/8238.
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Coordena??o de Aperfei?oamento de Pessoal de N?vel Superior - CAPES
Le but de cette th?se est d'analyser la r?percussion ?conomique des imp?ts indirects sur les entit?s b?n?ficiant d'immunit?s fiscales. Pour cela, il est ?tudi? d'une mani?re critique la tarification excessive des actifs de ces entit?s par la charge fiscale indirect, incidents sur la cha?ne de production. A partir d'une interpr?tation syst?matique et t?l?ologique on consid?re la n?cessit? de prot?ger le patrimoine de l'entreprise afin d'assurer que la r?alisation des droits fondamentaux pour la m?me ne pas ?tre touch? par la taxation. Un tel besoin aurait pour instrument les immunit?s fiscales qui, ? leur tour, s'appliqueraient aux contribuables en opposition ? la non-cumulativit?, puisqu'elles emp?cheraient le transfert ?conomique. Il est conclu que, en ?tant des immunit?s fiscales un principe constitutionnel, ils doivent se chevaucher la non cumulativit? et devraient se voir attribuer une plus grande valeur ? la protection et la promotion des droits fondamentaux par les immunit?s, m?me si cela se produit avec une violation de la non la cumulativit?. Compte tenu de cela, on sugg?re la possibilit? de g?n?rer un cr?dit financier aux entit?s b?n?ficient de l'immunit? tributaire proportionnelles au montant des imp?ts indirects per?us, similaires ? celles effectu?es dans les exportations. Cette suggestion est limit?e et doit ?tre complet?e par un changement l?gislatif qui permettra aux entit?s immunitaires de demander la conversion en revenu desdits cr?dits financiers, devant l??tat taxateur. De cette fa?on, bien qu'une grande partie de la doctrine et de la jurisprudence comprendre que le fait que les contribuables ne font pas partie de la relation juridique, un r?examen des immunit?s fiscales semble ?tre n?cessaire afin d'assurer l'effectivit? des droits fondamentaux.
A presente disserta??o tem por objeto a an?lise da repercuss?o econ?mica dos impostos indiretos sobre entidades beneficiadas pelas imunidades tribut?rias. Para tanto, investiga-se de maneira cr?tica a onera??o do patrim?nio destas entidades atrav?s da carga tribut?ria indiretamente incidente na cadeia produtiva. A partir de uma interpreta??o sistem?tica-teleol?gica considera-se a necessidade de prote??o do patrim?nio como forma de assegurar que o fornecimento de direitos fundamentais pelas mesmas n?o seja atingido pela tributa??o. Referida necessidade teria como instrumento as imunidades tribut?rias que, por sua vez, ao ser aplicada aos contribuintes de fato incorreria em contraposi??o ? n?o-cumulatividade, visto que impediria o repasse econ?mico. Conclui-se que, em sendo as imunidades tribut?rias princ?pio constitucional, devem as mesmas se sobrepor ? n?o-cumulatividade, devendo ser atribu?do um valor maior ? prote??o e promo??o dos direitos fundamentais atrav?s das imunidades, ainda que com isto ocorra uma viola??o ? n?ocumulatividade. Diante disto sugere-se a possibilidade da gera??o de cr?dito financeiro ?s entidades imunes proporcional ao valor dos impostos indiretos recolhidos, de modo semelhante ao realizado nas exporta??es. Complementa-se com a sugest?o de mudan?a legislativa que permita ?s entidades imunes buscar a convers?o em renda, dos referidos cr?ditos financeiros, perante o ente pol?tico tributante. Desta forma, ainda que boa parte da doutrina e jurisprud?ncia entenda que os contribuintes de fato n?o integrem a rela??o jur?dico tribut?ria, uma rean?lise das imunidades tribut?rias mostra-se necess?ria a fim de se assegurar a efetividade dos direitos fundamentais.
Dupeu, Nael. "Les moyens en contentieux fiscal." Electronic Thesis or Diss., Toulon, 2023. http://www.theses.fr/2023TOUL0159.
Full textTax litigation arises from a persistent disagreement between the taxpayer and the tax administration. The taxpayer who wishes to contest the tax must submit a contentious claim to the competent tax service before being able, if necessary, to bring the dispute in front of the judge. The taxpayer and the tax authorities must then present means capable of justifying the merits of their respective positions. The tax judge must assess the means of the parties in order to resolve the dispute. The purpose of this study is to systematize the means in tax litigation. The specific nature of the tax dispute has an influence on the means as invoked by the parties and assessed by the judge. The objective nature of tax litigation implies in fact bringing together favorable conditions for the application of tax legality. The parties thus enjoy great freedom to develop their legal argument during the litigation procedure. The purely objective nature of tax litigation is sometimes a source of imbalance between the parties to the tax proceedings. The objective application of tax law is also at the heart of the tax judge's office, although he sometimes reveals a form of subjectivity in his assessment of means. The ambition of this research is to identify the specific features of the means in tax litigation
Ahmed, Aba el Darda Hassany. "La justice fiscale dans les rapports entre l'administration fiscale et les contribuables : étude de droit égyptien et de droit français." Lille 2, 2006. http://www.theses.fr/2006LIL20006.
Full textThe aim of this research work is to study the fiscal justice in the relationships between the fiscal administration and the taxpayers. This subject appears of big current events in Egypt as in France. Indeed, the relationships between the tax authorities and taxpayers can be defined as the whole of the contacts of any nature which discuss between the tax authorities and the taxpayers. Our thesis goes to study two bown questions him a to the other the prerogatives of the tax authorities to bring the respect of the law and the rights and the guarantees of the taxpayers. Indeed, it exists a seriousness risk of conflict between two majors preoccupations : on the one hand, the effectivity of the administrative action which demands the existence of prerogatives to reduce the fraud and the fiscal escape. In addition, the respecting of the rights and the guarantees of the taxpayers. In what measure can speak of equilibrium between prerogatives of the tax authorities and the rights of the taxpayers ? This first question registers in a perspective to evolve in the matter, through of potentialities improvements study those relationships. The study of fiscal justice in the relatioships between the fiscal administration and the taxpayers will be the subject of the two parts of this research : the course of fiscal reports (First part), and the evolution towards the improvement fiscal relationships (Second part)
Gérard, Laurence. "Les recours des contribuables sur le fondement de la Convention européenne de sauvegarde des droits de l'homme et des libertés fondamentales." Paris 2, 2000. http://www.theses.fr/2000PA020109.
Full textRycx-Tekaya, Aude. "La fraude et l'évasion fiscales : regards croisés France et Emirats Arabes Unis." Thesis, Lille 2, 2012. http://www.theses.fr/2012LIL20012.
Full textAlthough the matter is old-dated, the Governments have focused their attentions on tax evasion and tax avoidance since the 2008 financial crisis,. Facing a major crisis with dramatic aftermaths, the governments have become aware of the urgent need of an efficient action. Considered as a major stake, the fight against these practices is now taking a new scale. Until now the tax evaders benefited from a certain leniency but the recent scandals which broke are questioning the tax havens, that are associated to the raging crisis and gave them quite a different face. Many States, which until then balk at cooperating about tax matters, were obliged to do so in front of the growing international pressure. Our study demonstrates that the tax havens are not the only responsible to the crisis. The tax evasion and tax avoidance problem must be thought in a global frame. The theorization of the notions of tax evasion and tax avoidance, will allow us to understand the reasons and the consequences of these practices. The example of the United Arab Emirates will put into light the reasons that make certain territories real attractive poles for companies and individuals. It will be noticed that these reasons aren’t fiscal only. Due to globalization, the States can’t nowadays react anymore in a national and isolated way. The answer owes to be global and broadly discussed.Thus, after having studied the tools used by the tax authority to fight against these harmful practices, we will see how the tax authority is trying to pursue its goal without being prejudicial to the rights and the guarantees of the taxpayer. Keywords : tax, tax evasion, tax avoidance, tax investigation, taxpayer protection, tax heavens, offshore, relocation, free zone, the United Arab Emirates, fight against tax evasion and tax avoidance
Kessentini, Adlene. "L'égalité des parties dans le contentieux fiscal ?" Thesis, Paris 2, 2019. http://www.theses.fr/2019PA020064.
Full textTax litigation suffers from several drawbacks which questions about the importance of its role in civil society as a mechanism for regulating the tension that may arise between the State and individuals during the procedure of taxation. Most of these flaws can be explained by the existence of rules designed to favor the Administration over the taxpayer as a part of this confrontation which concern the legality of the taxes. Despite this indisputable verdict, the relationship between these two protagonists has been evolved throughout several reforms and, significantly, since the transition to the state model called “post-modern state”. This model is characterized by the revaluation of the individual and the attenuation of the idea of “state imperium” in all branches of law including their litigious proceeding. Indeed, the litigation procedure which has to be followed by the applicant, both in the context of the previous complaint and in the jurisdictional phase, contains several rules which place the administration in an advantageous position to over the taxpayer. Similarly, the rules relating to the substance of the dispute that apply in the context of the debate contain mechanisms and techniques that allow the Administration to effectively defeat claims to maintain the taxation of the taxpayer, which rather aim at the discharge or the reduction of taxes.This situation highlights an inequality of the parties throughout the tax dispute. Therefore, an evolution is desirable in the aim to be in line with the new culture which results from the new fiscal governance emerging since the beginning of the 21st century and which metamorphoses the fundamentally objective relationship between the Administration and the taxpayer. Such a development would also be compatible with the emergence of a standard of rules inherent to any process that runs against any favoritism of one party over the other, under the influence of procedural law and the super legislative rules
Henneaux, François. "Le moment de la naissance du revenu imposable en droit fiscal belge: Fait générateur du revenu, interaction avec le régime des fruits civils, interaction avec le principe d'annualité de l'impôt." Doctoral thesis, Universite Libre de Bruxelles, 2021. http://hdl.handle.net/2013/ULB-DIPOT:oai:dipot.ulb.ac.be:2013/321960.
Full textDoctorat en Sciences juridiques
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Xu, Chen. "Les contentieux fiscaux devant l'arbitre." Thesis, Bourgogne Franche-Comté, 2018. http://www.theses.fr/2018UBFCF005.
Full textThe two disciplines, arbitration and taxation, are traditionally considered to be distinct, and exclude one another. On the one hand, tax sovereignty is vital for the state. On the other hand, arbitrator, being a private judge, has always been suspected, rightly or wrongly, of not being sufficiently sensitive to the public interest. However, the developments observed over the last decades have shown that this incompatibility between the two disciplines was not or is no longer the case. Indeed, with economic globalization, the challenge of the state is no longer how to tax its taxpayers but how to keep them in or even to attract those of other states to its territory. In this context, states become more flexible in resolving disputes involving tax issues. Arbitration of these disputes has thus become a reality in practice. However, in reviewing the law and the jurisprudence, we find that arbitration is not suitable for resolving all kinds of tax disputes, especially considering the interests of taxpayers. Arbitration of tax disputes in domestic law has been proved to be a failure. A form derived from arbitration, called baseball arbitration, appears to be more appropriate for resolving double taxation disputes. However, in international investment law, where the jurisprudence in tax matters has developed considerably over the past twenty years, we find that arbitration is an ideal way to resolve tax disputes related to this area, because arbitrators, in their practice, have found a balance between the protection of the host State's tax sovereignty and the protection of taxpayers-foreign investors
Bénichou, Delphine. "Le conseil constitutionnel, juge fiscal." Electronic Thesis or Diss., Université Paris-Panthéon-Assas, 2024. http://www.theses.fr/2024ASSA0007.
Full textThe Constitutional Council largely thwarted all the constituent's predictions in the particular field of tax legislation. Although he is not a tax judge by law, he has succeeded in establishing himself as protector – now essential – of the rights and interests of the taxpayer, affirming both his singular place and his irreducible difference. He does not owe this position – at least not solely – to the remarkable and noted intensity of the constitutionalization movement which has affected tax law over the last 30 years. It draws it above all from the powerful link made up of reciprocal utilities which unites it to its own tax jurisprudence. Using tax litigation to perfect and energize its control of constitutionality, the specificities of constitutional tax litigation have allowed it to build itself as the source of authority that everyone knows – welcomes or regrets – today, both in the internal order than in the external order
Okou, Urbain. "La sécurité juridique en droit fiscal : étude comparée France-Côte d’Ivoire." Thesis, Paris 5, 2014. http://www.theses.fr/2014PA05D022.
Full textFrance and Côte d'Ivoire are two countries with similarities mainly due to their common colonial past; but they are also two countries with many differences especially due to their level of development. While the rules of substantive tax law within each of these two countries make it possible to study the requirements of legal certainty and the means whereby they are taken into account, it is actually the procedural practice that reveals more substantively the effectiveness of this consideration. It should also be noted that the issue of legal certainty is often reduced to the only requirements of accessibility, stability or predictability of the standard. This actually reflects a partial approach to the requirements of legal certainty that tends to limit its study to the formal quality and the temporal evolution of legal acts. Taking into account a plurality of different legal systems, however, reveals that the concept of legal certainty does not necessarily lead to an unequivocal content. Indeed, since legal certainty is not always expressed in identical terms from one legal framework to another, legal certainty could prove to be polysemic, or even antinomic, from one legal and fiscal system to another. Thus, beyond the norm, legal certainty also applies to the legal framework and system as well as to the legal and judicial practice. Legal certainty thus, appears in tax law, as an expression of the reliability of a legal and fiscal framework and system, through quality standards, offering a guarantee of accessibility and intelligibility, as well as means for the taxpayer to build predictions or satisfy those legitimately built. Moreover, beyond the framework imposed by the present dissertation, it is important to deal with the problem of legal certainty in a less restrictive way, so as not to obscure the historical, philosophical, sociological and legal aspects essential to a holistic study of the issue