Dissertations / Theses on the topic 'Immovable property tax'

The object of this thesis is to provide guidelines relating to the tax benefits that are available to investors in immovable property in South Africa. This was done by analysing the various sections of the Income Tax Act, as well as case law and South African Revenue Service guidelines that interpret these sections, which provide for expenditure which may be deducted by taxpayers from their income when conducting the trade of letting immovable property in order to reduce their overall tax liability. The thesis also includes a chapter dealing with the four different types of vehicles that taxpayers may use when investing in property. It was found that there are significant tax benefits available to investors in immovable property through the general deductions provided in terms of section 11(a) of the Act, as well as the specific deductions that the legislature has promulgated for investors in immovable property. It was also found that each of the four vehicles has its own advantages and that a taxpayer’s personal circumstances will dictate which of the vehicles will best suit his or her needs.

The main Acts applicable to the disposal of immovable property are the Alienation of Land Act 68 of 1981, the Deeds Registries Act 47 of 1937(DRA), the Sectional Titles Act 95 of 1986, the Subdivision of Agricultural Land Act 70 of 1970, the Transfer Duty Act 40 of 1949(TDA), the Value Added Tax Act 89 of 1991(VAT Act) and the Income Tax Act 58 of 1962(ITA). Apart from legislation there is also South African common law which is based on Roman-Dutch and English Law principles which also play an important role when dealing in immovable property. This dissertation focuses its review on the timing of immovable property transactions to determine the incidence of tax in South Africa and concentrates on the differences in the timing of ownership according to the ITA, VAT Act, TDA and DRA as well as common law principles. International accounting standards have been reviewed and a comparison drawn between the accounting treatment of a disposal and the tax treatment as well as a comparison drawn up between South Africa and Australia with regards to how for tax purposes the disposal of immovable property is treated. Statutory authority is necessary before taxes can be imposed and only the statute must be used in order to determine the liability for tax. Accounting or related principles are not taken into account when the tax liability is determined except in instances where the ITA specifically provides for it. The aim of this dissertation is to answer the question of whether there is a disconnect between the timing of the transfer of immovable property and the timing of the attendant taxation for the seller through analysing specifically the various Acts and laws which impact the transfer of immovable property.

Includes bibliographical references.
This research paper analyses the income tax impact for international (non-resident) companies that dispose of their shares in mining or oil and gas companies situated in South Africa. Typically, a disposal of shares by a non-resident in a property-rich company in South Africa would attract CGT. In the case of the minerals sector, it is automatically assumed that a mining or oil and gas company is a so-called “land-rich” or “property-rich” company due to the nature of its operations. This paper seeks to test that assumption, ie do shares in a mining or oil gas company whose only asset is a mining or prospecting right or exploration or production right respectively qualify as an ‘interest in immovable property’ as that term is defined in the ITA for CGT purposes? To make this determination, the term ‘immovable property’ as it is used for common –law purposes and the potential misalignment of this definition when compared to the term as it is used in the ITA must be analysed.

Darbe nagrinėjama nekilnojamojo turto samprata, aptariami mokesčių sistemos vertinimo kriterijai ir mokesčių teisinės bazės sutvarkymo principai. Taip pat analizuojamos Lietuvos Respublikos ir kitų Europos valstybių teisės aktų nuostatos, susijusios su nekilnojamojo turto apmokestinimu bei įvertinama nekilnojamojo turto mokesčio reikšmė savivaldybių biudžetui. Atsižvelgiant į tai, numatomi galimi teisinio reglamentavimo pokyčiai Lietuvos nekilnojamojo turto apmokestinimo srityje.
In thesis, the concept of immovable property is examined. Further, assessment criterions and structuring legal framework of tax base are discussed, and analysis of provisions of Lithuanian and other European countries legal acts, regulating taxes on immovable property, is presented. Also the importance of tax on immovable property for municipal budget revenues is evaluated, and possible changes in the legal framework of Lithuanian laws regulating tax on immovable property are predicted. After the analysis of provisions of Lithuanian and other European countries legal acts, regulating taxation of immovable property, was completed, and topics related to taxes on immovable property in ad hoc literature were explored, it was found, that recent system of taxation of immovable property in Lithuania does not fully correspond with tendencies dominating in international practices: though Law on immovable property, which came into force since 1st of January 2006, extended the tax base, and though methods for determining taxable values of immovable property are the same which are used in international practices of immovable property taxation, still not all problems, relating to taxation on immovable property (as well as land) are solved. Considering this, it is stated that in the future it will be necessary to integrate in one legal act all provisions, regulating taxes both on immovable property and land. Further, assumption, that tax on immovable property, located in the Republic of... [to full text]

The last General Valuation in Cyprus, in 1980, took about twelve years to be completed by the Lands and Surveys Department. The comparison method was adopted and no computerised (mass appraisal) method or tool was used to assist the whole process. Although the issue of mass appraisal was raised by Sagric International, who had been invited to Cyprus as consultants, and recently by DataCentralen A/S with the development of a mass appraisal system based on regression analysis, there has been little literature and no research directly undertaken on the problems and the analysis of immovable property taxation in Cyprus and the development of an artificial neural networks valuation system for houses and apartments. The research project approached the issue of property taxation and mass appraisal through an investigation into Cyprus's needs for an up-dated tax base for equitabileness and for an assessment system capable of performing an effective revaluation at a certain date, with minimum acceptable mean error, minimum data and minimum cost. Investigation within Cyprus and world-wide indicated that this research project is a unique study in relation to Cyprus's property taxation and the development of a computer assisted mass appraisal system based on modular artificial neural networks. An empirical study was carried out, including prototyping and testing. The system results satisfy IAAO criteria for mass appraisal techniques, compare favourably with other studies and established a framework upon which future research into computer assisted mass appraisal for taxation purposes can be developed. In conclusion, the project has contributed significantly to the available literature on the immovable property taxation in Cyprus and the development of a computer assisted mass appraisal system for houses and apartments based on modular artificial neural network method. The proposed approach is novel not only in the context of Cyprus but also world-wide.

A non-resident who disposes of a direct interest in immovable property or an indirect interest in immovable property through the disposal of shares may be subject to capital gains tax in the country in which the immovable property is situated. Certain African countries were selected and the capital gains tax consequences on disposal of such property were determined by analysing the domestic tax legislation of the country in which the property is situated. In addition, the effect of any applicable double tax agreement ('DTA') to such disposals was considered. In certain countries - such as Angola and Nigeria - in terms of their domestic tax legislation, a non-resident will not be subject to capital gains tax in the respective country where the property is situated regardless of the value of the shares that is attributable to immovable property. In certain countries - such as Mozambique, Namibia, Tanzania and Zimbabwe - in terms of their domestic tax legislation, a non-resident may be subject to capital gains tax upon the disposal of an interest in immovable property in the respective country in which the immovable property is held regardless of the value of the shares that is attributable to immovable property, unless a DTA provides otherwise. In certain other countries - such as Botswana, Ghana, Lesotho and South Africa - in terms of their domestic tax legislation, a non-resident may be subject to capital gains tax upon the disposal of an interest in immovable property in the respective country in which the immovable property is held, however this will depend in general on the percentage of the value of shares that is attributable to immovable property, unless a DTA provides otherwise. Certain countries domestic tax legislation have specific provisions regulating how this percentage is determined. A DTA may provide relief to taxpayers who are subject to capital gains tax in both their resident country and the source country, on the disposal of an interest in immovable property held in the source country. In terms of domestic tax legislation, where the non-resident is liable to pay capital gains tax in the source country, the non-resident will in general have to comply with the withholding tax and filing obligations of that country where applicable.

This thesis is focused on tax issue, witch relates to real property trading. In the theoretical part of the thesis I describe the basic terms and deal with individual tax, which is related to the mentioned tax. In the context of the thesis will be compared to the tax burden for selected model situations that may arise in the sale, purchase or lease of real property. This load will be examined from the point of view of physical persons, to self-employed persons and also legal persons.

This thesis is focused on the comparison of immovable property measurement according to the International Financial Reporting Standards (IFRS), International Financial Reporting Standard for Small and Medium-sized Entities (IFRS for SMEs) and Czech accounting legislation. In addition, the thesis also deals with the law requirements regarding income tax related to this type of assets. Introductory chapter discusses the definition and classification of immovable property according to mentioned regulations. The main part of the thesis describes, compares using tables and particularly assesses measurement of immovable property at the time of recognition and after the recognition. The last two chapters are supplemented with a number of practical examples in order to illustrate the application of the theoretical knowledge.

This thesis is focused on tax field concerning real property trading. Firstly basic terms and tax breakdown are described. Within the thesis tax impact will be comared by simulating different situations which may happen when buying, selling, rating or donation and inheritance of real estate brood over individuals and last but not leaf legal entities point of view.

The present paper is a thorough study on the recent developments of excise tax in Peru. It begins by showing the most recent regulatory treatment on this tax, then focusing on the current system of it, analyzing the most relevant aspects of the excise tax, aiming to be a contribution to the future improvement of this tax.
El presente artículo es un estudio minucioso de la evolución reciente del Impuesto de Alcabala en Perú. Parte de presentar los más recientes tratamientos normativos de dicho impuesto, para luego centrarse en el actual régimen del mismo, analizando los aspectos más relevantes del Impuesto de Alcabala, procurando servir de aporte para la futura mejora de este tributo.

Number of areas, including the VAT one, were hit by recodification of private law since 2014. Number of areas, including the VAT, were hit by recodification of private law since 2014. This thesis focuses on analysis of the taxation progress of selected immovable property in years 2013 to 2015 and also on description of changes, that have occured - mainly due to the introduction of the new Civil Code. The reader finds a detailed comparison of selectedimmovable property and its supply according to the new Civil Code, the VAT Act and the Council Directive 2006/112/EC. The emphasis is placed on factual application of the theoretical findings (on the selected set of transactions) and the quantification of the impacts on the amount of the output tax in each year in the practical part of the thesis.

This master`s thesis is dealing with parallel existence of two evaluating regulations. The first is the implementing regulation to evaluating property. Second of them is executive regulation to legal Senate arrangement of taxes on the acquisition of immovable property and the purpose of which is evaluating in Tax Offices. Thesis mainly occupies with methods of evaluation according to each of the regulations and their comparing. An essential part of this thesis is model examples, on which is demonstrated, what differences can be reached according to the regulations. The result of this thesis is a decision-making schema. This schema describes which of the regulations is more profitable during evaluating of lands and what the conditions of it are.

Дисертаційна робота присвячена дослідженню функціонування механізму майнового оподаткування в Україні. Визначено, що, незважаючи на чисельні наукові доробки у сфері майнового оподаткування, існують певні розбіжності у понятійному апараті. Запропоновано визначення дефініцій «майно» і «нерухомість» як об’єкта оподаткування; «механізм майнового оподаткування», який представляє собою сукупність методів, прийомів, важелів, організаційно-інформаційного та законодавчого забезпечення, спрямованих на виконання завдань податкової політики у сфері майнового оподаткування; введено поняття «соціальна норма житлової нерухомості». Проведений аналіз функціонування механізму майнового оподаткування в Україні показав його неефективність, а роль майнових податків у надходженнях до бюджету – незначною. Узагальнення наукових доробок у сфері майнового оподаткування, закордонного досвіду дозволило запропонувати концептуальні положення щодо вдосконалення механізму майнового оподаткування в Україні, а саме: розширення кола платників та об’єктів нерухомого майна; розширення кола об’єктів рухомого майна та введення у транспортний податок екологічної складової; у якості бази оподаткування доцільним є використання ринкової вартості об’єкту житлової і нежитлової нерухомості; створення Департаменту оцінки земель, житлової та нежитлової нерухомості для забезпечення ефективного функціонування механізму майнового оподаткування. Запропоновано методичні рекомендації з моделювання надходжень від майнових податків до бюджету, які дозволяють оцінити вплив низки чинників.
Диссертационная работа посвящена исследованию функционирования механизма имущественного налогообложения в Украине. Определено, что, несмотря на большое количество исследований в сфере имущественного налогообложения, существуют определенные расхождения в понятийном аппарате. Предложено определение дефиниций: «имущество» как объект налогообложения, под которым следует понимать материальные ценности, характеризующиеся признаками: стоимостной оценкой; принадлежностью на праве собственности одному или нескольким лицам; их использование приносит или потенциально может приносить доход или экономическую выгоду; «недвижимость» как объект налогообложения, представляющую собой единство земли и расположенных на ней зданий, сооружений, помещений и другого недвижимого имущества; «механизм имущественного налогообложения», который представляет собой совокупность методов, приемов, рычагов, организационно-информационного и законодательного обеспечения и направлен на выполнение заданий налоговой политики в сфере имущественного налогообложения. Такое понимание позволяет целенаправленно использовать составляющие механизма имущественного налогообложения для повышения эффективности его функционирования; введено понятие «социальная норма жилой недвижимости», под которой понимается законодательно установленная максимальная норма жилья (кв. м) на один объект жилой недвижимости, обеспечивающая нормальные условия проживания владельца. Проведенный анализ функционирования механизма имущественного налогообложения в Украине показал его неэффективность, а роль имущественных налогов в поступлениях в бюджет – незначительной. Обобщение научных разработок в сфере имущественного налогообложения, зарубежного опыта позволило предложить концептуальные положения совершенствования механизма имущественного налогообложения в Украине, а именно: расширение круга плательщиков и объектов недвижимого имущества; расширение круга объектов движимого имущества и введения в транспортный налог экологической составляющей; в качестве базы налогообложения целесообразным является использование рыночной стоимости объекта жилой и нежилой (коммерческой) недвижимости; создание департамента «Оценки земель, жилой и нежилой недвижимости» для обеспечения эффективного функционирования механизма имущественного налогообложения. Предложены методические рекомендации по моделированию поступлений от имущественных налогов в бюджет, которые позволяют оценить влияние ряда факторов.
The dissertation work is sanctified to the research of functioning of the mechanism of the property taxation in Ukraine. Certainly, that without regard to the numeral scientific revisions in the field of the property taxation, there are certain divergences in a concept vehicle. Determination of the definitions the «property» and the real «estate» is offered as an object of the taxation; «the mechanism of the property taxation», that is totality of methods, receptions, levers, organizationally-informative and legislative providing, that is sent to implementation of the tasks of the tax policy in the field of the property taxation; a concept «the social norm of the housing real estate» is entered. The conducted analysis of the functioning of the mechanism of the property taxation in Ukraine demonstrated its inefficiency, and the role of the property taxes in receivables in a budget - insignificant. The generalization of the scientific revisions in the field of the property taxation with the foreign experience allowed to offer conceptual positions in the relation to perfection of the mechanism of the property taxation in Ukraine, namely: the expansion of the circle of taxpayers and the objects of the real estate; the expansion of circle of objects of the personal chattels and introduction to the transport tax of ecological constituent; the use of market value of object of the housing and unoccupied real estate is appropriated in quality of the base of a taxation expedient; the creation of the department of «Estimation of earth, housing and unoccupied the real estate» is for providing of the effective functioning of the mechanism of a property taxation. Methodical recommendations are offered from the design of receivables from the property taxes in a budget, that allow to estimate the influence of row of factors.

A incumbência de evitar as inundações nas cidades exige a um fluxo de receitas para financiar novos investimentos, operação e manutenção do sistema de drenagem pluvial, bem como a mudança no comportamento que as pessoas estabelecem no uso do solo permeável da bacia hidrográfica. Este estudo de caso testa a hipótese de que os recursos públicos necessários para o financiamento da drenagem pluvial urbana são passíveis de recuperação parcial, pelo governo local, através da tributação imobiliária. A metodologia de investigação tem como base conceitual o modelo Pressão-Situação-Resposta. O planejamento da pesquisa abrange desde os problemas gerados pela impermeabilização do solo até a necessidade de contenção das águas de escoamento superficial. A partir dos diversos instrumentos tributários imobiliários disponíveis para o governo local, são definidas as técnicas de coleta de dados, os métodos de estimativa dos custos e as áreas para o desenvolvimento dos estudos de caso, que se localizam na cidade de Porto Alegre, RS. A análise quanto ao uso da taxa e da contribuição de melhoria foi realizada em zonas urbanas, uma nova e outra consolidada - Bacias Santo Agostinho e Almirante Tamandaré, respectivamente, e para toda a zona urbana quanto ao uso do incentivo fiscal sob a forma de isenção de tributos para o investimento privado na construção de reservatório de amortecimento. Os resultados demonstram que a taxa para financiamento da operação e manutenção do sistema de drenagem urbana, embora possa ser usada para efeitos de proteção ambiental, não tem este condão, mas satisfaz os requisitos de disponibilidade, especificidade e divisibilidade do disposto nos artigos 77 e 79 do Código Tributário brasileiro. O critério a ser usado para obter o percentual de impermeabilização da zona de estudo combina a classificação de tipos de solo (permeável ou impermeável) e seus usos (público ou privado). Assim, para as zonas maiores utilizou-se a classificação de imagens espectrais, enquanto para quantificar o percentual de área a ser mantida em estado natural nos lotes menores se utilizou o estabelecido pelo PDDUA como limite mínimo de área livre. No estudo de caso desenvolvido para calcular a possibilidade de financiar o investimento público no Conduto Álvaro Chaves verificou-se que a contribuição de melhoria poderia ter sido usada para absorver a totalidade de seu custo, pois a mais-valia imobiliária o excedeu. Demonstraram-se todas as etapas de seu cálculo, desde a escolha das áreas de abrangência e de controle amostral até o cálculo da participação de cada lote no pagamento da obra, de acordo com as exigências e os limitadores legais. As conclusões deste estudo suportam o argumento de que a utilização de incentivos fiscais, como a isenção de tributos imobiliários, pode estimular o proprietário a construir um reservatório de detenção de águas pluviais no lote, induzindo o cidadão a compensar pelo uso do recurso natural solo impermeável. Uma vez superadas as dificuldades técnicas para a obtenção parcial de recursos destinados ao financiamento do sistema de drenagem, o último desafio é o relativo à opção política pelo desenvolvimento urbano com o uso de alternativas sustentáveis.
The mission of preventing cities floods requires a cash flow to finance new investments, the operation itself and the maintenance of urban storm drainage system, as well as the change in behavior that people establish with the use of the permeable river basin. This study focus in the hypothesis that public funds necessary for financing urban pluvial drainage can be partially recovered through immovable property taxation enforced at local government level. The research methodology is based on the conceptual model “Pressure-State-Response”. The research planning covers from the problems generated by the surface impermeabilization to the need for restraining superficial water runoff. Data collection techniques, cost estimation methods and areas for the development of case studies, located in the city of Porto Alegre, RS, are defined, taking into consideration diverse immovable property taxes available at local government level. The analysis regarding to the use of tax and betterment levies was undertaken covering a new and a consolidated urban zones - Santo Agostinho and Almirante Tamandaré river basin, respectively. In addition, the entire urban area is taken into account for simulating the benefits of using fiscal incentives in the form of tax exemption for encouraging private investments directed to build deadening storage reservoir. The results demonstrate that the rate for funding the operation and the maintenance of urban drainage system although it can be used for environmental protection purposes does not have this wand. But it satisfies the legal requirements, of availability, specificity and divisibility required by articles 77 and 79 of the brasilian Tax Code. The criterion established to obtain the waterproofing percentage of study area combines the classification of soil type (permeable and impermeable) and their uses (private and public). Classification of spectral images was applied for establishing the permeable rate in larger areas, whereas the criteria defined by PDDUA were applied to quantify the percentage of permeable area of small plots, that is, areas in which the soil is kept naturally. The case study of funding the public investment in Alvaro Chaves drainage system, has verified that betterment levies could be used to recover its total cost once the increase in property values exceeded it. Taking into account legal requirements, all steps for calculating the contribution have been demonstrated, covering from the selection of areas affected by public investment to the establishment of the percentage participation at individual taxpayer level for paying the costs of the investments. The findings of this study supports the argument that the use of fiscal incentives as the property tax exemptions can stimulate the build of reservoir of stormwater detention in the plots, inducing the citizen to compensate for the use of the natural resource land use waterproof. Once the technical drawbacks to obtain partial funds for financing drainage system are overcome, the last challenge is concerning with political will on the use of sustainable alternatives to urban development.

M.Comm.
The for-profit business must maximise owners' wealth over the long term. It is accomplished by legally structuring the lease to minimise tax liability. Accounting profits and tax liability arising from the lease are determined in different ways: different lease structures could result in similar accounting profits, but different tax liability. A lease's accounting profits may be preestimated with relative certainty, but it's difficult to pre-estimate its tax liability. It's especially difficult with long-term leases that stretch over a number of accounting periods and tax years. There isn't a specific framework with which tax liability arising from the lease of immovable property may be determined and minimised. This study focuses on determining and minimising income tax liability within the context of the leasing of immovable property in South Africa. The workings of the factors that give rise to the tax liability are distinguished. Different types oflease agreements, reflecting the commercial objectives, are identified. A framework is then constructed from these factors to simplizy determination of the tax liability, and to structure the lease so that tax liability may be reduced. The different types of lease agreements are imposed on the framework to subordinate the reduction of tax liability to the parties' commercial objectives.

碩士
國立高雄大學
法律學系碩士班
106
For a long time, in order to promote economic growth, land is often regarded as an economic production factor, and land is continuously developed into an industrial zone or a science park. In the past two or three decades, real estate prices have skyrocketed, and many people have speculated and the land has been identified as the most profitable commodity. In addition to property rights, land and housing are closely linked to the right to life and personality, and cannot be separated. That is to say, the individual's survival and personality are absolutely related to the possession and freedom of use of his property. Taxation is a kind of infringement of property rights, which also involves the deprivation of the right to life and personality. Taxation legislation should be based on its appropriate purpose, generally required for public expenditure, and should be based on financial needs, the availability of alternative sources and the fairness of taxation. If the purpose of taxation is to prohibit certain transactions, it should be guided by the economic principles of market distribution efficiency and legal economic analysis to avoid disrupting the operation of the market and considering the principle of social justice to analyze whether it should be taxed. In many countries' constitutions, citizens' property rights are protected and cannot be denied without compensation. Tax itself is a form of deprivation of property without compensation, and unless the Constitution itself authorizes taxation, it violates the constitutional protection of property rights. Although taxation is authorized by the Constitution, because taxation is a kind of deprivation without compensation, the promulgation of tax law should conform to the correct legislative policies and principles. What is the policy of legislation, that is, what kind of tax, class, and class to whom it is a policy issue, the answer often includes economic, political, social, and legal (including tax law principles). On the other hand, the tax law policy should be designed to achieve the legitimate purpose of taxation. Its main purpose is twofold: First. Provide a source of funding for public expenditure. Second, the redistribution of wealth. In addition, the government often uses taxation to achieve another purpose, which is to prohibit certain acts or transactions. However, such taxes add additional costs to the transaction and have a negative impact on the operation and distribution efficiency of the free market. Unless there is no alternative, taxation should be avoided to prohibit certain transactions. Since the impact of the subprime mortgage storm in the United States affects the stability of the global economy and financial markets in 2008, countries are competing to introduce loose monetary policies to stimulate economic growth, but so far the economic growth rate has been slow, accompanied by the expansion of asset prices, especially It is the formation of the real estate price bubble that makes the city's small people look down on the house. This phenomenon, in addition to continuing to support the bubble with low interest rates, the Chinese government has no countermeasures. Since the 2008 subprime mortgage storm, most institutions, scholars, or famous mouths have seen housing prices in high housing prices. They believe that housing prices will be reversed due to insufficient affordability.According to the fourth quarter "Statistics of Housing Price Capability Indicators" released by the Ministry of the Interior in 2016, the ratio of housing prices in Taipei City has reached 15.12 times, and the loan burden rate is 63%, ranking among the top cities in the world.Up to 45% of respondents believe that housing prices are “unreasonable”, reflecting the heavy burden of home purchases. Although the central bank continues to reduce the number of loans for the purchase of real estate (especially luxury homes), In the third quarter of 2018, the Xinyi House Price Index in Taipei City still rose 0.76% from 271.57 in the third quarter of 2017 to 275.04. Does the Government try its best to achieve the purpose of "tax-free justice"?

碩士
東吳大學
法律學系
107
Since 2009, the price of real estate in Taiwan has been soaring, which attracts government's close attention. In the aspect of taxation of immovable property, owing to the Immovable Property Gains Tax in Taiwan failed to charge the income by its real value and depends overly upon Assessed Present Value and The Current Value of a House, which are assessed value announced by government and approximately 30~40 percentage lower than its fair market value. Therefore, the taxation of immovable property in Taiwan is much more lower than other Capital Gains Tax, which caused the unfair taxation system. Since January 1st,2016, the system of integrated taxation on income from transaction of house and lands has been implemented in our country. It is a significant tax overhaul containing:(1) the alteration of tax categories; (2) the alteration of the method for signing individual income tax returns; (3) the taxable base of real states should be certificated by its fair market value; (4) the income of immovable property become taxed separately. Since the legitimacy of House-Land Combination Tax is earning public finance-revenue and the taxation is lack of pecuniary consideration, the equality of taxation should be highly fulfilled. Therefore, my research is aimed to viewing whether the new system is in line with the Ability-to pay Principle, and I discovered there are several new problems in new system. About the new law, the House and Land Transactions Income Tax is coexisting with The Land Value Increment Tax, and that may cause the Double Taxation. Based on the view that the abolishment of The Land Value Increment Tax is constitutional, this paper advocates solving the erosion of local finance through the tax-sharing system; The Tax Estimation method should be objective and reasonable. However, in some cases, the new legal system requires that the “cost of acquisition” be determined by the government which estimate the value according Consumer Price Index, and the “acquisition, improvement and transfer costs” will be determined according to the 5 percent of the transaction price. It is contrary to the intention that Tax Estimation should be equivalent to the actual income of the taxpayer. Also, the means of the Taxable Base investigation, this paper consider that the German law can be used as a reference, to use the actual price registration information as one of the means to estimate the real price of real estate, then, to explain how the actual price registration obligation is established as The Obligation of Taxpayers to Assist by Reporting the Required Information. As regards the tax rate, this paper agrees with the new system of "separate taxation" and "proportional tax" because the income from real estate transactions is "capital gain". It is not personality and easy to produce the characteristics of "concentration effect" and "blocking effect". When Design system, the appropriate response should be made (for example, the Taxable Base is halved or a special deduction is given, and then included in Individual Income Tax which is progressive ), and aslo taxed separately.However, the amount of the proportional tax rate should be more detailed. For example, if the tax rate of the individual's real estate transaction in the short-term period is 45%, the excessive tax rate should be too high and should be moderated; The general tax rate should consider the relationship between "hard-working income" and "other capital gains" tax rates. It should not be lower than the tax rate of hard-working income, and not higher than other capital gains, appropriately induce investment funds to flow to other capital gains market, and pursue justice in the tax law system. The tax law amendment is highly positive, but it is still imperfect. However, the implementation of the system is more important than the perfection of the system. I hope that through this article, an explanation can be provided. When applying the new law, the taxation authority and the administrative court can practice the Ability-to-pay Principle and the protection of the basic rights of the people.

碩士
國立政治大學
財政學系
104
This thesis aims to reveal the adequacy, stability and cyclical properties of the immovable property tax through studying its responses to economic growth. The LSDV model is used to examine the panel data of 34 OECD countries since the 1970s. The regression results show that for every 1% growth of GDP, the immovable property tax revenue increases by 0.720%, but the proportion of immovable property tax in total tax revenue does not significantly change. Thus, the immovable property tax is lack of GDP elasticity, and its growth in long term is slower than other taxes and GDP, which means it can not ensure adequate revenues for local governments. In the other hand, the negligible change of the proportion of immovable property tax in total tax during the recession period provides comparatively stable revenues in short term, especially when the recession risk is rising at present. The tax burden measured by the proportion of immovable property tax in GDP is not effected significantly by the business cycle.So, the immovable property tax is a- cyclical. In addition, the impact of economic growth on the immovable property tax is asymmetric. Compared to slowing a recession, it is less likely for the immovable property tax to prevent an economy from overheating. The GDP elasticities of housing price and the value of households’ immovable assets are respectively1.909 and 1.396, while the market value elasticities of the tax revenue are only 0.116 and 0.282. So, the immovable property tax’s inadequacy, stability and a-cyclical properties come mainly from the process of tax base assessment and the system of tax rate adjustment, rather than the real estate market. To strengthen the connection between immovable property tax and economic growth, governments must decrease various restrictions and assessment lags of the immovable property tax.

Thesis (M.Com. (Taxation))--University of the Witwatersrand, Faculty of Commerce, Law and Management, School of Accountancy, 2014.
South Africa has the status of being the richest country based on mineral reserves. This status incentivised many offshore investors to invest in shares in South African mining companies which, in turn, hold mining rights and/or prospecting rights. This research evaluates, with specific reference to offshore investors, whether any South African capital gains tax implications would arise upon the disposal by non-residents of shares in a South African company holding prospecting rights or mining rights. The report focuses on paragraph 2 of the Eighth Schedule to the Income Tax Act 58 of 1962 (‘the Act’) as well as the legal nature of mining rights, prospecting rights and prospecting information to determine whether such rights and information would fall within the ambit of paragraph 2 of the Eighth Schedule to the Act. The report concludes on whether the disposal by non-resident shareholders of shares in a South African company which holds mining rights and/or prospecting rights would fall within the ambit of paragraph 2 of the Eighth Schedule to the Act.

Comparison of regulation of property transfer tax and the tax on the acquisition of immovable property This diploma thesis is devoted to comparison of real estate transfer tax based in act n. 357/1992 Sb. and tax on the acquisition of immovable property based in statutory measure of Senate n. 340/2013 Sb. This legal act of Senate was enacted due to the recodification of private law in Czech republic in 2014. Thesis is based on comparation of particular tax elements and specific legal provisions. The aim is to identify the reasons for these changes, check the possibility of applying historical judgments on new regulation and consider the legislation in terms of de lege ferenda. The work contains only substantive part of legislation. The first chapter deals with general introduction to tax theory. It defines the term tax, its properties and tax elements. This chapter also displays tax system. The second chapter is devoted to a general description of both taxes and the fundamental reasons for adopting the new regulation. It also discusses new institutes of the new Civil Code, for which it was necessary to adopt new legislation. Speculates also about the form of a statutory measure of the Senate codification. The third chapter is dedicated to the comparison of the specific statutory provisions contained...

Ownership of land and its transfer from the perspective of tax legislation Abstract The thesis deals with ownership of land and its transfer from the perspective of tax legislation. The aim of the thesis is to describe tax obligations connected with the ownership of land and with the transfers of ownership of land in the Czech Republic and further to consider the appropriateness of current legislation and its potential changes. The issue of tax regulations related to the ownership of land and its transfer is closely linked to the civil law. Introductory part of the thesis is therefore devoted to the theoretical introduction of the issue with respect to both financial law and civil law. The first chapter defines the term real estate and land. The second chapter describes and overviews forms of transfer of ownership of real estate and shortly also the issue of real estate cadaster. The fourth and fifth parts are the crucial ones with respect to the whole thesis. The fourth part overviews the responsibilities relating to the ownership of real estate particularly with regard to the land tax. In the following subchapters the author describes structural tax elements of the land tax and further deals with appropriateness of the land tax and its potential changes. The author perceives the land tax as justifiable by...

The aim of this thesis is comparison of development of legislation of tax on the acquisition of immovable property and that for the purposes of evaluation of potential changes of this tax. The comparison is performed on particular elements of the tax on the acquisition of immovable property in three time periods. From 1. 1. 1993, thus in act n. 357/1992 Sb., on inheritance tax, gift and real estate transfer tax. From 1. 1. 2014, thus statutory measure of Senate n. 340/2013 Sb., on tax on the acquisition of immovable property. And last from 1. 1. 2017 thus statutory measure of Senate n. 340/2013 Sb., on tax on the acquisition of immovable property, as amended by act. n. 254/2016 Sb., an act which amends statutory measure Senate n. 340/2013 Sb., on tax on the acquisition of immovable property. The first part of the thesis deals with general introduction to tax theory focusing on transfer taxes. This chapter also defines the term tax in general, characterization of transfer taxes and its development in the Czech Republic and determination of the meaning of tax. The second chapter already concentrates on the actual comparison of tax elements. The description of the development of legislation and evaluation of conformity with the construction of the tax and its meaning is emphasised. Each subchapter...

A presente dissertação consiste numa análise comparativa ao tratamento fiscal dos rendimentos obtidos por pessoas singulares residentes em território português, consoante a sua participação seja feita em OIC nacionais ou em OIC estrangeiros. Em concreto, pretendemos apurar as diferenças previstas na legislação portuguesa para a tributação dos rendimentos que derivem de operações equivalentes, consoante o investimento seja feito em OIC nacional ou em OIC estrangeiro. Como procuraremos demonstrar, o regime nacional em vigor, seja por via legal ou regulamentar, parece beneficiar, paradoxalmente, o investimento em OIC estrangeiros, no que a determinadas operações geradoras de rendimento concerne. A participação em OIC estrangeiro poderá desencadear uma situação de dupla tributação jurídica na esfera do participante. Nessa medida, procuraremos aferir como se efetua a repartição da competência tributária internacional entre o Estado português e o Estado da fonte, de forma a perceber em que hipóteses e em que termos os rendimentos obtidos pelo participante hão de ficar sujeitos à aplicação do regime fiscal português.
This dissertation consists of a comparative analysis of the tax treatment of income obtained by natural persons resident in portuguese territory, depending on whether they invest in portuguese or non-portuguese CIUs. Specifically, we intend to determine the differences in Portuguese legislation for the taxation of income derived from equivalent operations, depending on whether the investment is made in a portuguese or non-portuguese CIU. As we will try to demonstrate, the national regime in force, whether by law or regulation, seems to paradoxically benefit investment in non-portuguese CIUs, as far as certain income generating operations are concerned. The investment in a non-portuguese CIU may give rise to a situation of juridical double taxation in the sphere of the investor. To this extent, we will seek to assess how the division of international tax jurisdiction between the portuguese state and the source state takes place, in order to understand in what circumstances and under what terms the income obtained by the investor will be subject to the portuguese tax regime.