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Varcan, Nezih. "Türkiyeʼde vergi politikalarının oluşumu Cumhuriyet dönemi /." Eskişehir [Turkey] : Anadolu Üniversitesi Basımevi, 1987. http://books.google.com/books?id=h2UwAAAAMAAJ.
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Fourie, Catherine. "Fairness and efficacy of the penalty provisions in the Tax Administration Act 28 of 2011." Thesis, Nelson Mandela Metropolitan University, 2016. http://hdl.handle.net/10948/12426.
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The purpose of this treatise was to examine the fairness and efficacy of the penalty provisions in the Tax Administration Act (the Act). An integrative literature review research method was used. The study commenced with a review of the local and international literature on tax compliance and the fairness and efficacy of penalties. This was followed by a study of the stated objectives of the Fiscus in respect of the strategy and approach to maintaining and improving taxpayer compliance and an analysis of the penalty regime of the Act. A comparative analysis was then performed of the relevant taxing legislation of five countries, which were chosen using a purposeful sample selected from the major trading partners of the Republic and countries with a similar tax framework. Following this, a review was performed of a cross section of the most recent tax related court cases in South Africa in order to assess the extent, consistency and fairness of the application of the penalty provisions. The study then concluded with an integrated assessment of the fairness and efficacy of the penalty provisions in light of the research conducted, and highlighted areas where the legislation appears to meet this objective, followed by recommendations for amendments in respect of policy and implementation. Finally recommendations were made for areas of further research which might improve the validity of the conclusions with respect to the stated objectives of the present research and to inform policy formulation.
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Gumbo, Wadzanai Charisma. "The taxation of the “sharing economy” in South Africa." Thesis, Rhodes University, 2019. http://hdl.handle.net/10962/64045.
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The research examined whether the services provided by the “sharing economy” platforms are adequately dealt with by the current South African tax systems. In addressing this main goal, the research analysed how the South African tax systems deal with the income and expenses of Uber, Airbnb and their respective service providers. The research also investigated how South Africa could classify “sharing economy” workers and how this would affect the deductibility of the worker’s expenses. A brief analysis was made of the taxation of the “sharing economy” businesses in Australia and the United States of America. These countries have implemented measures to effectively deal with regulating the “sharing economy” businesses. An interpretative research approach was used to provide clarity on the matter. Documentary data used for the research consists of tax legislation, case law, textbooks, commentaries, journal articles and theses. The research concluded that the current taxation systems have loopholes that are allowing participants in the “sharing economy” to avoid paying tax in South Africa. The thesis recommends that the legislature could adopt certain measures applied in Australia and the United States of America to more effectively regulate “sharing economy” in South African and remedy the leakages the current tax systems suffer, causing SARS to lose potential revenue.
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Siame, Chilengwe George. "Broadening the tax base: a case for the informal real estate sector in Zambia." Thesis, Rhodes University, 2010. http://hdl.handle.net/10962/d1003852.
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The main objective of the study was to analyze the potential tax collection from the informal rental housing market in Zambia, using household level rental housing data collected for the Lusaka Urban District by the Central Statistical Office (CSO) as a basis for computation and extrapolation to the national level. This data was used to analyze household monthly expenditure on housing (rent), the total number of households in rented accommodation, and the tax regime applicable on rental income, to estimate the potential tax revenue that could be realized from this emerging sector. The estimates indicate that about K9.7 billion revenue could be collected on income from rental housing in Lusaka Urban District alone and a total of K83 billion nationally per annum. This represents about 0.4 percent of the country’s GDP in 2007. Compliance needs to be improved and legislation revised to ensure that the landlords are compelled to remit tax to the Zambia Revenue Authority. The current legislation makes enforcement and compliance difficult as it places the statutory tax burden on tenants, who are very mobile. It is, therefore, recommended that the landlord is made responsible for the payment of taxes due on rental income and that any compliance requirements be enforced against the real estate/property that is generating the income. This study also examines the performance of the presumptive taxation regime in Zambia The study uses data from the Zambia Revenue Authority on revenue collection from presumptive taxes which were introduced to capture income from the informal sectors. The presumptive taxes already introduced in Zambia include: base tax, advance income tax and turnover tax for minibuses and taxi operators. To analyze the performance of the presumptive tax regime, the study utilizes data on imports made by those not registered for taxes, to estimate how much revenue could be generated by imposing a 3 percent turnover tax on the value of their imports at importation. The analysis shows that the Zambia Revenue Authority increased revenue collection from K5.3 billion in 2004 to K33.5 billion in 2007. This improvement in revenue collection is far below the potential, however, which is estimated at over K501 billion on imports of unregistered traders alone. To collect this revenue and expand the tax base, the tax authority needs to improve the administration of advance income tax on unregistered importers, and raise the advance income tax rate to a level where the importer is indifferent between paying the advance tax at the border and paying turnover tax inland.
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Evans, Christopher Charles Law Faculty of Law UNSW. "The operating costs of taxing the capital gains of individuals : a comparative study of Australia and the UK, with particular reference to the compliance costs of certain tax design features." Awarded by:University of New South Wales. Law, 2003. http://handle.unsw.edu.au/1959.4/20738.
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This study investigates the impact of aspects of tax design on the operating costs of the tax system. The thesis focuses on the Australian and UK regimes for taxing the capital gains of individuals. It contends that the compliance burden faced by personal taxpayers and the administrative costs incurred by revenue authorities are directly influenced by the design of the capital gains tax ('CGT') regimes in each country. The study bridges the divide between theoretical analysis of CGT and empirical studies on tax operating costs. It uses a hybrid research design to test a series of hypotheses that emerge from a review of the literature and the experience of the researcher. It combines a technical analysis of the relevant Australian and UK legislative provisions (including an analysis of the policy and other background data that underpins those provisions) with empirical research on the views and experience of practitioners who are responsible for the operation of the legislation in the two countries. The results obtained from this combined methodology indicate that the operating costs of taxing capital gains in Australia and the UK are directly affected by the design of the legislative provisions. Moreover, the study outcomes indicate that operating costs in both countries are high (on a number of comparative measures), have not reduced over time, and are both horizontally and vertically inequitable. The research indicates that the primary factors that cause the high operating costs include the complexity of the legislation and the frequency of legislative change, together with record-keeping and valuation requirements. The thesis identifies specific legislative changes that would address operational cost concerns. These include the phasing out of the 'grandfathering' exemption together with the introduction of an annual exempt amount, and the rationalisation of business concessions in Australia; and the abolition of taper relief and its possible replacement with a 50% exclusion in the UK. More importantly, it seeks a more principled approach to the taxation of capital gains in both countries, and emphasises that legislative change can and should only be enacted with a full and clear understanding of the operating cost implications of that change.
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Jaramba, Toddy. "Voluntary disclosure programmes and tax amnesties: an international appraisal." Thesis, Rhodes University, 2014. http://hdl.handle.net/10962/d1015666.
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Tax amnesties are government programs that typically allow a short period of time for tax evaders to voluntarily repay previously evaded taxes without being subject to penalties and prosecution that discovery of such tax evasion normally brings. Tax amnesties differ widely in terms of coverage, tax types, and incentives offered. A state’s Voluntary Disclosure Programme is another avenue available to taxpayers to assist them in resolving their state tax delinquencies. This programme is an on-going programme as compared to a tax amnesty, which is there for a limited time period only. The main goal of the research was to describe the tax amnesty and the voluntary disclosure programmes in South Africa and to assess their advantages and disadvantages. This thesis also discussed another form of voluntary disclosure programme, referred to as an Offshore Voluntary Disclosure Programme, which allows taxpayers with unreported foreign bank accounts, and presumably unreported foreign income, to voluntarily disclose their affairs. The study found that, due to tax amnesties, Government raises more tax revenue not only in the short run from collecting overdue taxes but also by bringing former non-filers back into the tax system for the long run. It was also found that, initially short-run revenue brought in from overdue taxes will be positive for the first amnesty and then decline each time the amnesty is offered repeatedly. The reason for the decline in revenue might be that tax amnesties provide incentives for otherwise honest taxpayers to start evading taxes because they will anticipate the offering of future amnesties, thereby weakening tax compliance. The costs associated with amnesty programmes include negative long run revenue impact and also that amnesty programmes reduce compliance by taxpayers in the long-run. In South Africa tax amnesties, especially the voluntary disclosure programme, are likely to be successful since they will increase the revenue yield and also bring non-filers back on the tax rolls.
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Schweitzer, A. G. "Aspects of the administrative law relationship between the taxpayer and the Commissioner for Inland Revenue." Master's thesis, University of Cape Town, 1991. http://hdl.handle.net/11427/22172.
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Bibliography: pages 133-135.There is an administrative law relationship between the taxpayer and the Commissioner for Inland Revenue, (hereinafter referred to as 'the Commissioner') The basis of this relationship is that the Commissioner is required to collect tax and the taxpayer is required to pay the tax. In exercising his powers under the Income Tax Act No. 58 of 1962 (hereinafter referred to as the Act), the Commissioner has been conferred with discretionary powers. In this thesis, this administrative law relationship is examined with specific reference to the means of regulating the exercise by the Commissioner of his discretionary powers. There are a number of ways in which the discretionary powers of the Commissioner may be regulated. Generally discretion may be regulated by 'rule based administrative action' (1). This means that discretionary power is exercised subject to internal rules which state how discretionary power must be exercised. Another method of regulating the exercise of discretionary power is subsumed under the category of 'adjudicative techniques of decision' (2). The essence of the latter category is that the affected person participates in the decision which affects him. The exercise of discretionary power may be regulated furthermore if the Minister who has responsibility for the Department is required to be responsible for and account publicly for the actions of his subordinate. In this thesis, examples of rule based administrative action and adjudicative techniques of decision are examined.
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Weston, Tracey Lee. "A comparison of the effectiveness of the judicial doctrine of "substance over form" with legislated measures in combatting tax avoidance." Thesis, Rhodes University, 2004. http://hdl.handle.net/10962/100.
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Taxation statutes often provide opportunities for tax avoidance by taxpayers who exploit the provisions of the taxing statute to reduce the tax that they are legally required to pay. It is, however, important to distinguish between the concepts of tax avoidance and tax evasion. The central issue, especially where the contract has no business purpose, is whether it is possible for the substance and legal form of the transaction to differ to such an extent that a court of law will favour the substance rather than the legal format. The debate is whether the courts should be encouraged to continue with their "judge-made" law or whether the tax jurisdictions should be supporting a legislative route as opposed to a judicial one, in their efforts not only to combat tax avoidance but also to preserve taxpayer certainty. The question is whether the Doctrine of "Substance over Form" as applied by the judiciary is effective in combating tax avoidance, or whether a legislated general anti-avoidance provision is required. An intensive literature survey examines the changes which have occurred in the application of judicial tests from the 1930's to date and investigates the different approaches tax jurisdictions follow in order to combat tax avoidance. The effect of the introduction of anti-avoidance provisions in combating tax avoidance is evaluated by making a comparison between the United Kingdom and South Africa. [n the United Kingdom, the courts are relied on to create anti-tax avoidance rules, one of which is the Doctrine of "Substance over Form". The doctrine is very broad and identifies various applications of the doctrine, which have been developed by the courts. In South Africa, the Doctrine of "Substance over Form" has been applied in certain tax cases; however the South African Income Tax Act does include anti-tax avoidance sections aimed at specific tax avoidance schemes, as well as a general anti-tax avoidance measure enacted as section 103. The judicial tests have progressed and changed over time and the introduction of anti-avoidance legislation in the Income Tax Act has had an effect on tax planning opportunities. A distinction needs to be made between fraudulent and bona fide transactions while recognising the taxpayer's right to arrange his or her affairs in a manner which is beneficial to him or her from a tax perspective. Judicial activism and judicial legislation in the United Kingdom has created much uncertainty amongst taxpayers and as a result strongly supports the retention of a general anti-avoidance section within an Income Tax Act. A general anti-avoidance provision, following a legislative route, appears to be more consistent and effective in combating tax avoidance.
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Fallet, Allan George de Abreu. "A natureza jurídica do processo administrativo fiscal." Pontifícia Universidade Católica de São Paulo, 2018. https://tede2.pucsp.br/handle/handle/21592.
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The purpose of this study is the legal nature of the fiscal administrative process. In this regard, certain conceptual premises are herein presented, for instance, the guidelines set forth in the Federal Constitution and the tax constitutional system as well as the necessity of compliance with the tax constitutional principles, such as the due legal process, full defense, adversary system, publicity, legal security, real truth and in dubio pro taxpayer, for the legality of the tax-administrative acts. In special, we will analyze the constitutional base of the Brazilian administrative process, the guidelines of the federal fiscal administrative process and its relationship and differences with the tax judicial process. These elements are connected in order to determine that the search for the conception of the fiscal administrative process is considered an arduous task in several countries and the distinction between the administrative procedure and administrative process is substantial for the clarification of the objectives of this matter. Finally, it is concluded that the fiscal administrative process has an administrative process nature destined for determination and requirement of the tax credit, as instrument of legal control, for the Brazilian tax system, taking into consideration that it presents specific particularities in the application of the legislation by the Tax Administration at the same time that it obeys the Public Law rules
O presente trabalho tem por objeto a natureza jurídica do processo administrativo fiscal. Nesse sentido se expõem algumas premissas conceituais, como as diretrizes previstas na Constituição Federal e o sistema constitucional tributário, bem como a necessidade do cumprimento dos princípios constitucionais tributários, como devido processo legal, ampla defesa, contraditório, publicidade, segurança jurídica, verdade material e in dubio pro contribuinte, para a legalidade dos atos administrativo-tributários. Em especial se analisa a base constitucional do processo administrativo pátrio, as diretrizes do processo administrativo fiscal federal e a sua relação e diferenças com o processo judicial tributário. Tais elementos se reúnem para aferir que a busca pela conceituação do processo administrativo fiscal é tarefa considerada árdua em diversos países, e a distinção entre procedimento e processo administrativo é fundamental para o deslinde dos objetivos desse tema. Ao final, conclui-se que o processo administrativo fiscal possui natureza de processo administrativo destinado à determinação e exigência do crédito tributário, como instrumento de controle de legalidade, para o sistema tributário brasileiro, em razão de apresentar peculiaridades específicas na aplicação da legislação pela Administração Tributária, ao mesmo tempo em que obedece às regras de Direito Público
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Costa, David Patrick Anthony. "Taxing recurrent services rendered by a foreign company to an associated enterprise in South Africa." Thesis, Rhodes University, 2013. http://hdl.handle.net/10962/d1008269.
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The objective of the study was to investigate the right of the South African Government to tax the income earned by a foreign company when rendering services in South Africa to a South African associated enterprise on a recurrent basis, together with the right to tax the amounts paid to the employees of the permanent establishment for services rendered in South Africa. At the same time the research investigated whether the services rendered by a foreign company to an associated enterprise in South Africa on a recurrent basis would constitute a permanent establishment, as this is essential before South Africa may tax either the foreign company or the employees of the permanent establishment (where such employees are not resident in South Africa).The research was conducted by means of a critical analysis of documentary data and data from a limited number of interviews with academics and the authors of textbooks and articles. In order to limit the scope of the research, a number of assumptions were made. Conflicting viewpoints underlying certain of these assumptions were discussed. Some of the important conclusions reached are that the provisions of the Vienna Convention on the Law of Treaties should be taken into account when interpreting South African legislation (including Double Tax Agreements), and that the Organisation for Economic Cooperation and Development (OECD) Commentary may be relied upon when interpreting OECD based Double Tax Agreements in South Africa. No conclusion was reached on whether to apply an ambulatory or a static basis of interpreting the OECD Commentary, however. The final conclusion of the research is that the services rendered in South Africa on a recurrent basis would be geographically and commercially coherent and consequently meet the "location test'. It is clear that as the services are rendered regularly and recurrently, they would be regarded as having the necessary permanence and would meet the 'duration test'. The place of business would therefore be regarded as being fixed (having the necessary degree of permanence). As the services would be rendered at the place of business of the South African entity, they would be regarded as being rendered 'through' the place of business and the foreign entity would be regarded as having a permanent establishment in South Africa (as defined in Article 5(1) of the OECD Model Tax Convention}. The South African Government would therefore be entitled to tax the income attributable to the permanent establishment and the income earned by the non resident employees, who rendered services in South Africa for the permanent establishment. Once the entitlement to tax exists, South African legislative rules determine how South Africa proceeds to tax the income.
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Duarte, Hernani Machado. "O sistema fiscal de Macau." Thesis, University of Macau, 1996. http://umaclib3.umac.mo/record=b1636854.
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Ferreira, Erika Borges. "As consequ??ncias da indefini????o de insumo para as contribui????es n??o cumulativas do PIS e da COFINS na ind??stria, no com??rcio e na presta????o de servi??o." FECAP - Faculdade Escola de Com??rcio ??lvares Penteado, 2014. http://132.0.0.61:8080/tede/handle/tede/532.
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Previous issue date: 2014-03-31The noncumulative emerged aiming to relieve the supply chain. The cumulative system is still applied, but many scholars argue that this form of taxation is detrimental to society because it has \"cascade\" effect. When drafting the law that determines on the non-cumulative PIS / COFINS (Social Integration Program / Contribution to Social Security Financing), the legislature created the obligation linked to this form of calculation of Income Tax systematic. Thus, companies are taxed on taxable income required to calculate their social contributions to the non-cumulative basis, on the other hand, companies that are on presumed income will have cumulative PIS / COFINS rates. In addition, legislation has listed punctually what are the inputs and credits allowed to relieve the supply chain. These attitudes have caused a mismatch with the general objectives of the creation of non-cumulative, this because the set which credits are allowed to discount, no full applicability of the principle of non-cumulative. Plus, segregate the determination in cumulative and non-cumulative basis in the computation of income provides a number of non uniform taxpayers with distinct characteristics and especially with costs / expenses divergent. It is noteworthy that the borrowing under the heading input, the nomenclature used in the legislation, generates different interpretations by taxpayers causing the taxman questions on recognition of that cost. Given these facts, we attempted to study the impact that the non-cumulative because the results of companies segregating them for industrial, commercial and service delivery branch. As a result of the survey conducted, it was found that, for these companies in the industrial and commercial sectors, noncumulative reached their goals relieving the supply chain, but the understated way, because only deducts the credits listed in the law. As for the two analyzed service providers, who are bound to non-cumulative contributions of the non-cumulative only led to higher cumulative systematic payments. Through the analysis performed it is concluded that the first non-cumulative must be exercised in full and unrestricted manner, as it is the essence of the Principle of Non Cumulativity and more, the taxpayer must have the free decision choose to be cumulative or non-cumulative, thereby exerting an efficient and effective tax administration
A n??o cumulatividade surgiu com o objetivo de desonerar a cadeia produtiva. O sistema cumulativo ainda ?? aplicado, por??m muitos estudiosos afirmam que essa forma de tributa????o ?? prejudicial ?? sociedade, pois tem efeito cascata . Quando da elabora????o da lei que determina sobre a n??o cumulatividade do PIS/COFINS (Programa de Integra????o Social/ Contribui????o para Financiamento da Seguridade Social), o legislador criou a obrigatoriedade dessa sistem??tica atrelada ?? forma de apura????o do Imposto de Renda. Assim, empresas tributadas no Lucro Real est??o obrigadas a apurar suas contribui????es sociais na forma n??o cumulativa, por outro lado, empresas que est??o no Lucro Presumido ter??o as al??quotas cumulativas para o PIS/COFINS. Al??m disso, a legisla????o elencou pontualmente quais seriam os cr??ditos e insumos permitidos para desonerar a cadeia produtiva. Essas atitudes causaram um desencontro com os objetivos gerais da cria????o da n??o cumulatividade, isto porque, ao definir quais cr??ditos s??o permitidos para desconto, n??o h?? aplicabilidade plena do Princ??pio da N??o Cumulatividade. E mais, segregar a apura????o em cumulativo e n??o cumulativo com base na apura????o do lucro estipula um n??mero de contribuintes desuniformes, com caracter??sticas distintas e principalmente com custos/despesas divergentes. Ressalta-se ainda que a tomada de cr??dito sob a rubrica insumo, nomenclatura utilizada na legisla????o, gera diversas interpreta????es por parte dos contribuintes ocasionando questionamentos do Fisco sob o reconhecimento desse custo. Diante desses fatos, buscou-se estudar os impactos que a n??o cumulatividade causa nos resultados das empresas segregando-as por ramo industrial, comercial e de presta????o de servi??o. Como consequ??ncia do levantamento efetuado, identificou-se que, para estas empresas dos setores industriais e comerciais, a n??o cumulatividade atingiu seus objetivos desonerando a cadeia produtiva, por??m de forma suavizada, pois deduz apenas os cr??ditos elencados em lei. J?? para os dois prestadores de servi??o analisados, que s??o obrigados a n??o cumulatividade das contribui????es, a n??o cumulatividade s?? ocasionou pagamentos superiores ?? sistem??tica cumulativa. Atrav??s da an??lise efetuada conclui-se que primeiramente a n??o cumulatividade deve ser exercida de forma plena e irrestrita, tal qual ?? a ess??ncia do Princ??pio da N??o Cumulatividade e mais, o contribuinte deve ter a livre decis??o em optar por ser cumulativo ou n??o cumulativo, exercendo assim uma gest??o tribut??ria eficiente e efetiva
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宗麗霞. "稅收政策與中國經濟發展." Thesis, University of Macau, 2003. http://umaclib3.umac.mo/record=b1636939.
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Romano, Carlo Alberto. "Advance tax rulings and principles of law : towards a European tax rulings system? /." Amsterdam : IBFD, 2002. http://bibpurl.oclc.org/web/31193.
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Delport, Jacqueline Hayley. "Legal privilege in tax matters." Thesis, Nelson Mandela Metropolitan University, 2016. http://hdl.handle.net/10948/12637.
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In South Africa the boundaries of the common law principle of legal professional privilege in tax matters is unclear. Common law legal professional privilege in South Africa and in other jurisdictions has been a right available only to clients of attorneys. In 2015, amendments were enacted in section 42A of the Tax Administration Laws Amendment Act. These amendments set out further requirements that need to be satisfied for a taxpayer to claim his right to legal professional privilege over particular communications. The amendment does not feature any recognition of the extension of legal professional privilege for which all non-attorney tax practitioners have been lobbying for since the enactment of the Tax Administration Act. The stance taken by SARS in its non-response to the pleas for extension of legal professional privilege have both Constitutional and administrative consequences: constitutional consequences in the form of the infringement of the non-attorney tax practitioner’s right to equality and the taxpayer’s right to privacy: administrative consequences arise in the form of an infringement of an individual’s right to fair administrative justice under the Promotion of Administrative Justice Act. Foreign jurisdictions have been considered to determine whether South African is operating in line with international standards relating to legal professional privilege. Although, not every foreign jurisdiction examined for the purpose of this study, has implemented an extension of legal professional privilege, they have still ruled on the matter, or implemented an alternative solution, for example, a accountant concession for accountants. On this basis it is submitted that South Africa must implement a new provision within the Tax Administration Act defining the extension of legal professional privilege by law.
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Namubiru, Hadija Murangwa. "Tax administration and the adequacy of fiscal codes in combatting tax evasion in Rwanda." Thesis, McGill University, 2003. http://digitool.Library.McGill.CA:80/R/?func=dbin-jump-full&object_id=80939.
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This thesis discusses the notion of tax evasion in Rwanda. It looks at the role of tax administration and fiscal codes in Rwanda in the implementation of tax anti-evasion measures in the country. The tax administration and fiscal codes provide opportunities for the Rwandan people to realize a tax evasion free society not only because of the tax administration departments in place to curb tax evasion, the types of taxes, the measures of collection, but also the reasonable fiscal procedure process in tax payment and also in allowing the taxpayer participation in the tax assessment process, an essential component of co-operative taxpayer attitudes for potential tax revenue collections to thrive.However, this thesis scrutinizes the reality in Rwanda for the extent to which tax administration and tax laws have gone to achieve the goal of curbing tax evasion.
Tax administration measures and fiscal code provisions in place, can not be said to be perfect as at times it is foreign ideas imported into Rwanda, which must be adopted often as a conditionality to that much needed development assistance. This in light of the persistent institutionalized corruption existing in Rwanda, and the reality of public participation in the tax assessment process given the Rwandan culture of evading taxes, makes the anti-evasion process inadequate in Rwanda, thus further "watering down" the sufficiency of the tax law and tax administration as a previously perceived usable strategy for curbing tax evasion. The thesis argues therefore that the tax administration and fiscal codes in curbing tax evasion are limited by existence of these realities unless modifications are made in the implementation of measures against tax evasion in Rwanda.
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Schenk-Geers, Antonia Cornelia Maria. "Internationale fiscale gegevensuitwisseling en de rechtsbescherming van de belastingplichtige /." Deventer : Kluwer, 2007. http://www.gbv.de/dms/spk/sbb/recht/toc/52713810X.pdf.
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Haginour, Faisal. "The challenges of tax administration in Somaliland Ministry of Finance: a critical analysis of institutional perspective." University of the Western Cape, 2018. http://hdl.handle.net/11394/6802.
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Masters in Public Administration - MPAThis research focuses on the challenges of tax administration in Somaliland Ministry of Finance (MOF). The study analyses existing challenges in the MOF-Tax Administration, causes of these challenges, the impact of these challenges on domestic revenue collection as well as the country’s economic growth and development. In order to obtain a desirable, comprehensive, and in-depth understanding of the research problem, the researcher applied a mixed method approach, thereby limiting the weaknesses of using the quantitative or qualitative research approach alone. The sample size consisted of 63 staff members. The research included 57 questionnaires for 57 employees and lower level managers as well as 6 interviews for top and middle-level managers in Somaliland Inland Revenue Department. The data was analyzed using Statistical Package for Social Science (SPSS), Ms. Excel, and conceptual analysis, where themes were developed and analyzed. The key findings of the research were that Somaliland tax administration faces immense challenges that can be broadly grouped into three categories: institutional challenges, attitudinal challenges as well as political and economic challenges. These challenges are mainly due to the absence of professional staff, the lack of taxpayers’ education, outdated tax laws, non-compliance behavior of taxpayers, rigidity of the tax system, and poor public trust amongst others. These challenges restrained tax revenue collection, public service provision, investments, and economic growth issues. Therefore, the recommendations, accordingly made in this thesis, include, amongst others, the need to establishing a professional training center for staff, automating tax procedure, implementing effective performance appraisal system, and the regular updating of tax policies to establish a transparent, accountable and equitable tax system in Somaliland.
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Peuthert, Benjamin M. [Verfasser]. "Mutual relationships in taxation procedure : a survey of family firms' tax compliance, tax auditors' negotiation strategy and time consumption / Benjamin M. Peuthert." Hannover : Technische Informationsbibliothek (TIB), 2017. http://d-nb.info/1152966510/34.
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James, Simon Robert. "Taxation and economic decisions : tax administration, policy and reform, with special reference to self-assessment for income tax." Thesis, Leeds Beckett University, 1998. https://ethos.bl.uk/OrderDetails.do?uin=uk.bl.ethos.243659.
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This thesis focuses on two case studies in order to provide evidence relating to the central hypothesis that effective policy analysis can require a wider approach than that offered by Economics alone and that an interdisciplinary analysis can lead to further insights into the relevant issues. The main case study involves self-assessment for income tax. It is argued that a cost-benefit type study of current administrative and compliance costs is insufficient to analyse the desirability of operating a self-assessment system. The work that follows therefore analyses the UK tax system and its administration in order to understand the development of the present system and what it is required to do. It makes comparisons with the Swedish tax system and draws on the findings of two important publications, the Report of the Meade Committee and The Reform of Personal Taxation. The research goes on to use management methods to analyse the future likely enviromnent in which the tax system will have to operate. It includes important related issues such as tax compliance where it is shown that taxpayer compliance is influenced by psychological and sociological as well as purely economic factors. The second case study is concerned with economic decision-making. The research presented here on female economic decision-making similarly takes a wider approach to policy analysis. It does this by locating the decision-making process in a social, family, context rather than only as a result of the independent actions of utility maximising individuals, which would be the more normal mainstream economic approach. It finds that social and gender-related factors are also important variables in economic decision-making in households. The overall conclusion is that to achieve a fuller understanding of human economic behaviour and to develop appropriate policy solutions to important questions, economic analysis needs to be supplemented by a wider approach drawing on other disciplines as appropriate.
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Walenczykowski, Slawomir P. "Tax reform in transition economies and its impact on economic performance." Thesis, Monterey, Calif. : Springfield, Va. : Naval Postgraduate School ; Available from National Technical Information Service, 2002. http://library.nps.navy.mil/uhtbin/hyperion-image/02Jun%5FWalenczykowski.pdf.
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Thesis (M.S. in International Resource Planning and Management)--Naval Postgraduate School, June 2002.Thesis advisor(s): Robert M. McNab, William R. Gates. Includes bibliographical references (p. 55-57). Also available online.
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Pierpoint, Stephen John. "The administration of the land tax in England, 1643-1733." Thesis, University of Cambridge, 2017. https://www.repository.cam.ac.uk/handle/1810/270078.
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Despite England’s growing international trading wealth, an expanding secondary sector, and more productive agriculture the mid-seventeenth century state with its outdated tax system was politically and militarily weak. Civil war and its aftermath created the urgent and protracted supply need which instigated the creation and honing of radically new effective tax forms and processes which proved indispensable during the Restoration and beyond. Drawing on Kent, London and Bristol case studies this thesis explores how the land tax became a mainstay of an increasingly powerful early modern English state by considering its administration, processes and tax mechanics from its 1643 inception to the excise crisis. Economic development offered fiscal opportunity and whilst the excise exploited product supply chains, the land tax targeted rent and income generated from agricultural, commercial and domestic real estate. Occupiers and landlords shared immediate fiscal burdens. Land taxes exploited cashflows around financial and seasonal production cycles, particularly in the more commercialised South and East, where fresh attempts were made to value and tax land. Effective local governors had for decades bolstered their own authority by delivering national initiatives and now worked in partnership with legislators to nurture the new tax and create resilience. The state’s bargain was that parliament would determine deadlines and fixed tax amounts from each locale, but local governors had immediate process ownership to determine its detailed application. Continued fiscal success required fresh waves of innovation, adaption and involvement including: empowerment, delegation, the deployment of more experienced officials, simplification, and improved stakeholder oversight. As post-Revolutionary conflict drove fiscal burdens higher, land taxes became a permanent fiscal implement of the state, despite regular outbreaks of political angst at the tax’s power. The resulting coordinated collective commitment of tens of thousands of officials, across county, city and country, was the great fiscal achievement of the age; a picture long obscured by institutionalised state narratives.
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McManus, Jacqueline Law Faculty of Law UNSW. "Capacity-development at work: the contribution of workplace-based learning to tax administration." Awarded by:University of New South Wales. School of Law, 2007. http://handle.unsw.edu.au/1959.4/29565.
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This study is concerned with workers, workplace learning and organisations. In the current climate of techno-logisation and globalisation, change is constant. Consequently, development of workers??? capacity to grow and adapt is essential for both the employability of the individual, and the economic survival of organisations. Capacity is considered essential because it encompasses more than current ability, it enables the growth of innovative approaches to work, which are required to adapt to change. Learning is central to capacity-development and so learning skills and related ???general skills??? are vital, but these skills must be developed in a specific context to be useful tools. Learning involves balancing the chaos of uncertainty and the old grooves of experience. Learning also involves personal growth. This study explores ways of helping workers develop capacity and especially learning skills, in a context of complexity, to meet the demands of their changing environment. The methodological approach taken is two fold, including both a conceptual and an empirical component. Firstly, a framework, based on conceptual innovation, is constructed to direct the design of workplace-based programs aimed at developing workers??? capacity. This is done as guidance in tailoring a program that promotes the development of an understanding of the necessary skills and knowledge in the context of the work undertaken, how to use them effectively, and the impact they have on the worker and their environment. It is contended that this framework promotes continued and sustained growth in workers??? skills and adaptability, that is, it develops capacity. Secondly, fieldwork based on a program developed for a group of tax administrators to instantiate this framework is reported. The findings show that this workplace-based program designed for the Australian Taxation Office has precipitated the development of the participant workers??? capacity, and in so doing, has shown the empirical significance of the conceptual innovation. Finally, the broader implications of developing workers??? capacity are explored. These include the need for organisational support for workers??? capacity-development, the possibility of the development of a learning culture in organisations, and the general applicability of the framework to other organisations, professions, and industries.
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De, Cogan Dominic Arthur. "Tax by law or by administrators : the changing boundaries between 1900 and 1950." Thesis, University of Cambridge, 2012. http://ethos.bl.uk/OrderDetails.do?uin=uk.bl.ethos.610228.
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Ghebretsadk, A. F. (Abraham Fissehaye). "Semi-autonomous revenue authorities for successful implementation of tax administration reform." Thesis, Stellenbosch : Stellenbosch University, 2003. http://hdl.handle.net/10019.1/49786.
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Thesis (MPA)--University of Stellenbosch, 2003.ENGLISH ABSTRACT: There is a growing tendency towards the establishment of semi-autonomous revenue authorities to collect taxes on behalf of the government. This is necessary for the efficient tax collection by which the state finances its administrative organs. Tax administration as part of the general civil service has suffered due to budget restrictions, inefficiency and corruption resulting from the mere characteristics of the field of public administration. As a remedy, modern tax administrations are now introducing the principles and methods used in the private sector. The trend in public administration, thus, seems to be towards autonomy and professionalization. Strengthening tax administration is thus critical to the successful implementation of the whole tax system. Tax administration, to be successful, needs the simplification of tax policy, commitment at the political and managerial level, and the existence of a comprehensive set of strategies. There is evidence that the creation of semi-autonomous tax authorities has enabled some developing countries to dramatically increase tax revenue. These semi-autonomous revenue authorities are created with the aim of generating additional revenue, improving the tax system and ensuring more equitable taxation. The revenue authorities' model keeps the better employees by better compensation, is flexible in human resources management, integrates tax operations, and is flexibile in budget management. Despite their similarity in objective there are some variations of organizational design of revenue authorities from country to country, with differences in their legal foundation, governance structures, staffing, funding basis, and internal organization. However, there are arguments against semi-autonomous revenue authorities and that they are not a panacea of tax administration. The arguments against the revenue authorities' model are higher costs, discontent of the wider civil service (because of inequities of salary), risks involved in the autonomy, potential for corruption, sustainability and necessity. Nevertheless, the advantages of revenue authorities weigh more than the disadvantages. To overcome the disadvantages of semiautonomous revenue authorities, there should be a clearly defined relationship between the government and the revenue authorities, there should be an appropriate regulatory framework and public accountability, and the structure should be as simple as possible.
AFRIKAANSE OPSOMMING: Daar is 'n groeiende tendens na die totstandkoming van semi-outonome inkomste owerhede om belasting namens die regering in te vorder. Dit is nodig vir die doeltreffende invordering van belasting deur middel waarvan die staat sy administratiewe organe finansier. Belasting administrasie, as deel van die algemene staatsdiens het gely deur begrotingsbeperkings, ondoeltreffendheid en korrupsie wat voortvloei uit die blote kenmerke van die gebied van die openbare administrasie. As 'n remedie, is moderne belasting administrasies besig om die beginsels en metodiek wat in die privaat sector gebruik word in te voer. Die tendens in publieke administrasie is dus gerig op outonomiteit en professionalisme. Die versterking van belasting administrasie is dus krieties vir die suksesvolle implimentering van die hele belastingsisteem. Belasting administrasie, om suksesvol te wees, benodig die vereenvoudiging van belasting beleid, verbondenheid op politieke en bestuursvlak en die bestaan van 'n omvattende stel strategieë. Daar is getuienis dat die totstandkoming van semi-outonome belastingowerhede het sekere ontwikkelende lande in staat gestelom dramaties die belasting inkomste te vermeerder. Hierdie semi-outonome inkomste owerhede is tot stand gebring met die doelom addisionele inkomste te genereer, die belastingsisteem te verbeter en om meer billike belastingte verseker. Die belastingowerhede model behou die beter werknemers deur middel van beter kompensasie, is buigsaam t.o.v. menslike hulpbronbestuur, integreer belastingsprosesse en is buigsaam in begrotingsbestuur. Nieteenstaande hul eendersheid t.o.v die doelwitte, is daar wel variasies van organisasie ontwerp van belastingowerhede van land tot land, met verskille in hul regsgrondslag, "governance" strukture, personeelvoorsiening, basis van bevondsing en die interne organisasie. Daar is wel argumente teen semi-outonome belastingowerhede en dat hulle nie die wondermiddel vir belasting administrasie is nie. Die argumente teen die belastingowerhede model is dié van hoer kostes, ontevredenheid van die breë openbare administrasie (weens die onbillikheid van salarisse), die risko verbondce aan die outonomiteit, die potensiaal vir korrupsie, volhoubaarheid en noodsaaklikheid. Desnieteenstaande, die voordele van belastingowerhede weeg sterker as die nadele. Om die nadele te oorkom, moet daar 'n duidelike uiteengesette verhouding tussen die regering en die belastingowerhede wees, daar moet 'n toepaslike regulerende raamwerk en openbare toerekenbaarheid en die struktuuer moet so eenvoudig moontlik wees.
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Yevgenyeva, Anzhela. "Direct taxation and the internal market : assessing possibilities for a more balanced integration." Thesis, University of Oxford, 2013. http://ora.ox.ac.uk/objects/uuid:3b286ca9-ae8c-4be7-92d3-6c3975c4dc19.
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The role of the Court of Justice of the European Union in the process of direct tax integration in the European Union (EU) has been widely discussed in the academic literature, while another important actor, the European Commission, has attracted much less attention. The Commission’s input is commonly perceived to be limited to the right of legislative initiative. This study questions such an oversimplified interpretation and draws a more nuanced picture of EU tax harmonisation by integrating an analysis of the complex regulatory approaches adopted by the Commission for the establishment and smooth functioning of the Internal Market. It is argued that the past decade brought a notable change in the Court-dominated pattern of direct tax integration. This change is apparent first in the evolution of enforcement strategies under Articles 258 and 260 TFEU; and second, in the increased reliance upon non-binding regulatory measures. Both developments have strengthened the role of the Commission, supplying it with more possibilities for influencing national direct tax systems, despite the reluctance of Member States to agree upon legislative harmonisation. Against this background, the procedural and substantive problems associated with these instruments require closer examination. The normative scope of this research covers the key procedural problems related to the infringement procedure and non-binding regulatory measures. The empirical component explores the Commission’s enforcement and coordination practices, drawing particular attention to two case studies: the tax treatment of losses in cross-border situations and exit taxation. Following the analysis of enforcement and coordination in the field of direct taxation, the study argues the need and proposes potential solutions for (i) the developing of a more comprehensive procedural framework for the infringement procedure and non-binding regulatory acts; (ii) the strengthening of accountability mechanisms; and (iii) the enhancing of the effectiveness of their application.
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Hailemicael, Arey Ogbagergis. "Assessing the level of efficiency and effectiveness of tax administration in Eritrea." Thesis, Stellenbosch : Stellenbosch University, 2003. http://hdl.handle.net/10019.1/53299.
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Thesis (MPA)--University of Stellenbosch, 2003.ENGLISH ABSTRACT: This paper that is composed of six chapters discusses the basic issues of modem tax administration and the extent to which Eritrean tax administration adheres to the requirements contained in these issues. The first chapter includes a general introduction, brief historical background of Eritrea, premise, problem definition, objective, design and methods, scope and limitation of the study. The second chapter deals with the literature review on the theoretical perspective of tax system and administration. There are detailed discussions about the types, characteristics, and functions, ethics of taxes and efficiency and effectiveness of tax administration. This theoretical aspect discusses the basic issues of modem tax administration trends and their development and reforms. The reforms are mainly concerned with prevention of tax evasion, avoidance, corruption and measures taken for making tax administration more efficient and reducing the complexity of taxation laws. Chapter three explores international success stories in dealing with major tax issues, thereby using the solutions as benchmarks. Experiences in Singapore, Bolivia, Croatia, Jamaica, Guatemala and Spain are used as standards to examine the level of efficiency and effectiveness of tax administration in Eritrea. This chapter also shows that modem tax administrations are concerned with a stronger focus on taxpayers, employees and their development, usage of technology, financial independence and privatisation of those areas that could be better performed by the private sector. To accomplish the above mentioned goals, the abovementioned countries have set in motion to reform tax administrations with the aim of solving key problems such as low salaries and the connected problems of attracting and retaining high quality personnel and curbing corruption. The fourth chapter presents the actual situation of tax administration in Eritrea. It deals with missions, objectives, functions, human resource condition, facilities, the level of application of modem technology and the weaknesses and strength of the Inland Revenue Department (lRD). It also describes the measures, which have been taken by IRD administration to motivate its employees and to enhance the voluntary compliance of taxpayers. The fifth chapter provides a consolidated assessment of the present situation of tax administration in Eritrea based on international experiences of tax administration and on theoretical aspects of taxation. This chapter also scrutinizes the amendments of Proclamation No. 62/1994 and 64/1994 and their effect on tax administration, saving, consumption and investment in Eritrea. The sixth chapter provides a conclusion and recommendations that could be used by tax authorities in Eritrea to implement the best practices of tax administration used in the abovementioned countries. This study provides an overview on IRD's present situation and how it could successfully manage organisational transformation to achieve significantly increased customer satisfaction, enhanced organisational flexibility, employee motivation and increase in tax collection by following the recommendations based on theory and the experiences of other countries.
AFRIKAANSE OPSOMMING: In hierdie studie wat bestaan uit ses hoofstukke, word die basiese kwessies om moderne belasting administrasie bespreek en die mate waartoe die belasting administrasie van Eritrië daaraan voldoen. Die eerste hoofstuk sluit die volgende in: 'n algemene inleiding, 'n kort historiese agtergrond oor Eritrië, 'n voorafgaande stelling, 'n probleem definisie, asook die doelwitte, metodes, omvang en delimitasies van die studie. Die tweede hoofstuk bevat 'n literatuur oorsig oor die teoretiese perspektief op belastingsisteme en administrasie. Daar is gedetailleerde besprekings van die tipes, kenmerke en funksies van belasting asook die etiek daarvan en die doeltreffendheid en effektiwiteit van die belasting administrasie. Hierdie hoofstuk bespreek die basiese kwessies i.v.m. die tendense in belasting administrasie, hoe hulle ontwikkel en hoe hulle hervorm kan word. Die hervormings het meestal betrekking op die voorkoming van belasting ontduiking en vermyding, korrupsie, en metodes om die belasting administrasie meer effektief te maak en om die wette minder ingewikkeld te maak. Hoofstuk drie gaan in op internasionale suksesverhale i.v.m. belasting en die oplossings word as bakens gebruik. Die effektiwiteit van Eritrië se belastingstelsel word gemeet aan wat gebeur het in ander lande soos Singapore, Boliwië, Kroatië, Jamaika, Guatemala en Spanje. Hierdie hoofstuk toon ook dat moderne belasting administrasie meer fokus op belastingbetalers, werknemers, die gebruik van tegnologie, finansiële onafhanklikheid en die privatisering van areas wat beter deur die privaatsektor bedryf kan word. Om die bostaande te bereik, het die genoemde lande maatreëls ingestelom die belasting administrasie te hervorm en om die volgende sleutelprobleme op te los: lae salarisse, die lok en behou van hoë kwaliteit personeel en die voorkoming van korrupsie. In die vierde hoofstuk word die eintlike werklikheid van belasting administrasie in Eritrië bespreek. Dit behandel die doelwitte en funksies van die belasting department (IRD) asook die sterktes en swakhede daarvan en tot hoe 'n mate moderne tegnologie gebruik word. Dit beskryf ook wat die belasting departement gedoen het om sy wernemers te motiveer en om die samewerking van belasting betalers te verseker. Die vyfde hoofstuk is 'n waardebepaling van die eintlike huidige situasie van belasting administrasie in Eritrië gemeet teen internasionale ondervindings en die teoretiese aspekte van belasting. In hierdie hoofstuk word ook gekyk na die amendemente tot Proklamasie No 62/1994 en 64/1994 en hulle uitwerking op belasting administrasie, spaar, verbruik en belegging 10 Eritrië. In die sesde hoofstuk is daar gevolgtrekkings en aanbevelings wat die outoriteite in Eritrië kan gebruik. Hulle kan die praktyke wat die beste in ander lande gewerk het, implementeer. Hierdie studie verskaf 'n oorsig oor die huidige situasie in die Binnelandse Inkomste Departement in Eritrië en oor hoe organisatoriese hervorming kan plaasvind wat sal lei tot beter belasting betalers tevredenheid, meer organisatoriese vlugheid, werknemers motivering en 'n dramatiese vermeerdering in belasting invordering. Hierdie hervorming moet gegrond wees op die aanbevelings soos geformuleer uit die ondervindings van ander lande.
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Larsson, My, and Emeline Chamoun. "Taxation of Bitcoin - Filling in the Blanks : An explorative analysis of tax evasion among Swedish investors and the Swedish Tax Agency’s perception of the issue." Thesis, Jönköping University, Internationella Handelshögskolan, 2021. http://urn.kb.se/resolve?urn=urn:nbn:se:hj:diva-53367.
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Background: The ongoing digitalization in the world with accelerated advancement of technology both develops and challenges the traditional view of means of payment. Legal and economic challenges havebeen recognized in regard to Bitcoin, one of these challenges refer to Bitcoin being defined as property of capital which has caused difficulties in individual income declaration and an overall challenge for cryptocurrencies to act as currencies. Furthermore, Bitcoin is being recognized as an investment possibility, however, since Bitcoin transactions are anonymous it contributes to issues within the public economy as profits made from Bitcoin trades are being evaded. Purpose: The purpose of this study is to analyze tax evasion among Swedish investors when trading with Bitcoin. Furthermore, this study aims to expand the understanding of Bitcoin traders and determine whether some individuals are more likely to evade taxes in regard to trades with Bitcoin. The intentionis to identify whether there is a connection in demographic- and behavioral factors that indicate whether one is more willing to comply with tax obligations or not. This paper further aims to investigate the STA’s perception of Bitcoin in comparison to the general public as well as how the STA work with the challenges that exist today. Method: This study uses a combination of an inductive and an explorative approach with a mainly quantitative research strategy. Three sources of data have been used: 1) an online survey published in forums for Swedish investors, 2) interviews with the STA 3) court orders provided by the STA. Furthermore, a binary logistic model was performed in SPSS to examine statistically significant results. Conclusion: In regard to taxes linked to trades with Bitcoin, the findings of this study confirm that women are more likely to evade taxes, individuals between the ages of 50 and 79 are less likely to evade taxes in comparison to ages ranging between 18 and 29, individuals who are married are more likely to evade taxes than individuals who are single and investors using platforms registered within Scandinavia are more likely to evade taxes. In addition, the findings of this study indicates that behavioral factors such as morale, trust, awareness, social influence and probability of detection may be influential in tax compliance. Furthermore, the study found a deviation in the perception of taxation linked to Bitcoin where the STA does not recognize taxation linked to Bitcoin as a cause of concern whilst the general public find it to be difficult and an increased risk of tax evasion.
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Krepel, Marina Meirelles Sobreira. "Soluções de controvérsias nas convenções internacionais contra dupla tributação." Universidade de São Paulo, 2015. http://www.teses.usp.br/teses/disponiveis/2/2133/tde-08122015-090032/.
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O presente estudo trata do procedimento amigável e da arbitragem como métodos de solução de controvérsias envolvendo a dupla tributação no âmbito das convenções internacionais celebradas por diversos países. Com efeito, em virtude do desenvolvimento das tratativas comerciais, são recorrentes as discussões relativas à soberania dos países e ao limite de sua competência tributária, sendo que as convenções internacionais para evitar a dupla tributação surgiram como mecanismos para conciliação dos interesses dos Estados Contratantes e de seus contribuintes. Ocorre, contudo, que os acordos internacionais nem sempre são suficientes para dirimir todos os conflitos envolvendo a dupla tributação, exigindo-se a adoção de outros mecanismos, i.e. procedimento amigável e arbitragem, conforme previstos no artigo 25, da Convenção Modelo da Organização para Cooperação e Desenvolvimento Econômico. O procedimento amigável permite a negociação entre dois ou mais países visando solucionar eventual conflito surgido no âmbito da aplicação da convenção internacional, bem assim a integração de seu conteúdo e a resolução de problemas interpretativos que podem desvirtuar seu fim. A arbitragem, por sua vez, possibilita a composição pacífica dos Estados Contratantes mediante a submissão da controvérsia à apreciação de um tribunal arbitral composto por sujeitos altamente capacitados e com expertise sobre a matéria. A despeito das inúmeras vantagens apresentadas por esses mecanismos, o Brasil não adota o procedimento amigável e ainda não incluiu a arbitragem em suas convenções internacionais, de modo que é imperativo o estudo de referido tema para o incremento e a harmonização das relações internacionais mantidas pelo país e seus contribuintes.The present study deals with the mutual agreement procedure and arbitration as methods of resolving disputes involving double taxation in tax treaties signed by several countries. Indeed, due to the development of commercial trades are currently the discussions on the sovereignty of states and the limit of its tax competence, so the tax treaties for the avoidance of double taxation have emerged as mechanisms for reconciling the interests of the Contracting States and its taxpayers. However, these tax treaties are not always sufficient to resolve all conflicts of double taxation by requiring the adoption of other mechanisms, such as mutual agreement procedure and arbitration as provided for in Article 25 of the Model Convention of the Organization for Economic Co-operation and Economic Development. The mutual agreement procedure allows the negotiation between two or more countries to resolve any conflicts arising in the scope of tax treaty, as well as the integration of content and the resolution of interpretive issues that can prejudice its finality. Arbitration, on the other side, enables the peaceful settlement of the Contracting States through the submission of the dispute before an arbitral tribunal composed of highly trained individuals and expertise on the matter. Despite the many advantages presented by these mechanisms, Brazil does not adopt the mutual agreement procedure and the arbitration is not yet included in their tax treaties, so it is imperative the study of theme for the improvement and harmonization of international relations retained by country and its taxpayers.
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Lee, Myon Woo. "Policy change and political leadership in Japan case studies of administrative reform and tax reform /." The Ohio State University, 1994. http://catalog.hathitrust.org/api/volumes/oclc/32057359.html.
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Kemmet, Lynndee Ann. "Intergovernmental fiscal policy in California: The 1993 property tax shift." CSUSB ScholarWorks, 1994. https://scholarworks.lib.csusb.edu/etd-project/912.
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Kayuza, Hidaya M. "Real property taxation in Tanzania : an investigation on implementation and taxpayer perceptions." Doctoral thesis, Stockholm : Division of Building and Real Estate Economics, Royal Institute of Technology, 2006. http://urn.kb.se/resolve?urn=urn:nbn:se:kth:diva-615.
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Khurram, Sobia. "Corruption in the developing world : the case of Semi-Autonomous Revenue Authorities, with special reference to Pakistan." Thesis, University of Stirling, 2016. http://hdl.handle.net/1893/24522.
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SARAs have been established to achieve dual objectives of improving efficiency and controlling corruption in tax administrations. Key question for this research include: why some SARAs have failed to effectively control opportunities for corruption and what should be done about it? To explore these questions, this thesis has set out an Anti-Corruption SARA Framework. The novel contribution of this thesis lies in developing the new lens (analytical framework) which causes us to see the topic of SARAs against corruption quite differently (due to differentiating between motivations and opportunities for corruption). In order to analyze the validity of the framework, a two-staged analysis of SARAs, labelled as the macro and micro analysis, was conducted for SARAs and Federal Board of Revenue (FBR) in Pakistan. In the macro level of analysis (through secondary literature analysis), it was found that SARAs made partial progress to control corruption by focusing more on controlling motivations for corruption (through personnel autonomy) and lesser focus on controlling opportunities for corruption (through effective accountability). In the micro analysis (through semi-structured interviews and secondary literature), it was found that FBR remained ineffective in controlling both motivations and opportunities for corruption despite focusing more on controlling motivations for corruption (through personnel autonomy) and lesser focus on controlling opportunities for corruption (through effective accountability). In both macro and micro analyses, continued interference from Ministries of Finance (MoF) was found to undermine not only effective accountability for SARAs and FBR, but also undermining control of opportunities for corruption. Findings of both macro and macro level of analysis resulted in three main recommendations. These findings pointed towards a recommendation of reforming SARAs into an organizational form which is far more disaggregated from the parent ministry, such that SARAs have no accountability link with MoFs in the presence of other effective oversight bodies. It is recommended that SARA countries should develop this understanding about importance of balancing both autonomy and accountability mechanisms to be fully effective against corruption for controlling both motivations and opportunities for corruption. Thirdly, research findings point towards a case of converting FBR into a SARA in the form of Pakistan Revenue Authority, such that it is free from any direct oversight by the MoF, and in contrast should be subjected to effective oversight by other oversight bodies, such as already existing Cabinet Committee for Federal Revenue.
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Faifi, Farai. "The presumption of gult created by Section 235(2) of the Tax Administration Act: a constitutional and comparative perspective." Thesis, Rhodes University, 2014. http://hdl.handle.net/10962/d1012979.
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This research examined the legal nature of the presumption of guilt created by section 235(2) of the South African Tax Admiration Act and considered whether or not its practical application violates the taxpayer’s fundamental right contained in section 35(3) of the Constitution, which gives every accused taxpayer the right to a fair trial, including the right to be presumed innocent. The research also provided clarity on the constitutionality of this presumption because it has been widely criticised for unjustifiably violating the taxpayer's constitutional right to a fair trial. The conclusion reached is that the presumption created by section 235(2) of the Tax Administration Act constitutes an evidentiary burden rather than a reverse onus. It does not create the possibility of conviction, unlike a reverse onus where conviction is possible, despite the existence of a reasonable doubt. Therefore, it does not violate the accused taxpayer’s the right to a fair trial and the right to be presumed innocent and hence it is constitutional. Accordingly, the chances that the accused taxpayer will succeed in challenging the constitutionality of section 235(2) of the Act are slim.
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McKerchar, Margaret Anne Australian Taxation Studies Program UNSW. "The impact of complexity upon unintentional noncompliance for Australian personal income taxpayers." Awarded by:University of New South Wales. Australian Taxation Studies Program, 2002. http://handle.unsw.edu.au/1959.4/19253.
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This study explores the impact of complexity upon unintentional non-compliance behaviour for personal taxpayers in Australia. This area of research did not appear to have been previously studied in an Australian context and in this respect, the study represents an original contribution. While studies have been conducted both in Australia and overseas, they have generally been directed at other types of compliance behaviour and tend to be inconclusive in their findings. According to the compliance literature, there appeared to be little consensus of opinion on the factors that determined behaviour and appropriate research methods. It emerged that more narrowly-defined studies with stronger research methods offered potential for furthering knowledge in this field. Thus the study focused on one behavioural outcome and one type of taxpayer, using a multi-paradigm research method. Unintentional non-compliance, as an outcome, was selected as it appeared to hold promise for improvements in overall compliance to be readily made, provided its causes were understood. Complexity was considered to be the most likely cause of unintentional non-compliance, and those who prepared their own income tax return, the group likely to be most affected. The study used both a quantitative and qualitative component from which a number of convergent results emerged. These included that the major cause of complexity was the ambiguity of tax laws and the volume of explanatory material required. Further, personal taxpayers were committed to compliance even though they regarded the system as less than fair. Together, complexity and commitment to compliance caused taxpayers to experience unnecessary compliance costs. Where taxpayers completed their own return, complexity resulted in a high level of errors that generally resulted in an overstatement of tax liability. In addition, some taxpayers chose to be over-compliant as a means of dealing with complexity and commitment. It was concluded that complexity compromised the integrity of the Australian income tax system by imposing an unfair burden on personal taxpayers in respect of both tax paid and compliance costs incurred. However, there appeared to be little, if any, financial incentive for the tax authority to address the causes of complexity for personal taxpayers.
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Anskaitytė, Renata. "Gyventojų pajamų mokesčio analizė ir tobulinimas." Master's thesis, Lithuanian Academic Libraries Network (LABT), 2007. http://vddb.library.lt/obj/LT-eLABa-0001:E.02~2007~D_20070816_153257-49792.
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Tyrimo objektas – gyventojų pajamų mokestis. Tyrimo dalykas – gyventojų pajamų mokesčio analizė ir tobulinimas. Darbo tikslas – atskleidus mokesčių teorinius pagrindus ir gyventojų pajamų mokesčio problemas, įvertinti gyventojų pajamų mokestį ir pateikti pasiūlymus šio mokesčio tobulinimui. Darbo uždaviniai: • Atskleisti pagrindines mokesčių teorijas, funkcijas ir apmokestinimo ribą; • Nustatyti gyventojų pajamų mokesčio problemas; • Sukurti metodiką gyventojų pajamų mokesčio vertinimui; • Įvertinti gyventojų pajamų mokestį ir nustatyti kitimo tendencijas; • Pateikti pasiūlymus gyventojų pajamų mokesčio tobulinimui. Tyrimo metodai – literatūros analizė, loginė analizė, duomenų sisteminimo ir dorojimo, statistinės analizės būdai: dinamikos eilučių, mažiausių kvadratų metodas, santykinių dydžių, grafinio vaizdavimo, horizontalioji ir vertikalioji analizė, regresinė analizė. Išanalizavus Lietuvos autorių mokslinius straipsnius, periodinę spaudą, užsienio autorių mokslinius darbus apie gyventojų pajamų apmokestinimą, atlikta Lietuvos gyventojų pajamų mokesčio analizė ir pateikti pasiūlymai šio mokesčio tobulinimui.The object of this research is the Personas Income Tax. The subject of this research is analysis and improvement of Personal Income Tax. Research aim – by detecting theoretical essential of taxing and problems of Personal income tax, value Personal income tax and subject proposal for a further personal income tax improvement. The purpose of the work: - open main theories, functions of tax, principles of faxing and border; - estimate problems of Personal income tax; - create mythology to value Personal income tax; - to value Personal income tax and set its variation; - subject proposal for a further. Research methods: logical and comparative analysis, methods of logical and graphic modeling, methods of statistical analysis, horizontal and vertical analysis, dynamic line, regression. Researching treatise of Lithuanian author’s, periodical print, scientific task of foreign author’s about Personal income taxing, accomplished analysis of Personal income tax and proposed suggestion for improvement of Personal income tax.
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Brattlöf, Linus, and Ida Mbenga. "The Relationship Between Corporate Taxation And R&D Investments : A quantitative study of R&D expenditure in U.S. firms when subjected to reductions in corporate taxation." Thesis, Jönköping University, IHH, Företagsekonomi, 2021. http://urn.kb.se/resolve?urn=urn:nbn:se:hj:diva-52772.
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Corporate taxation is a very politicized topic, and policymakers have different perspectives on what level of corporate tax rate yields the optimal outcome for research and innovation activity. The argument is divided where one side believes that corporate taxation and R&D activity has a negative relationship, which implies that a decrease in corporate taxation yields a better outcome for firms’ R&D activity. Whilst the other side believes that there exists a positive relationship, implying that the prevailing strategy is to increase corporate taxes to further encourage R&D activity. Therefore, the inherent purpose of this study focuses on the effect that corporate taxation has on the U.S corporate environment, whilst researching to understand the two polarized perspectives on corporate taxation and discover which perspective appears more prominent. To succeed in this regard, this study extracts internal financial information from firms located in the U.S states, by comparing the corporate tax change that the Trump administration implemented in 2018. Enabling this research study to compare firms’ R&D expenditure during the pre-tax reform (2017) with the post-tax reform (2018), indicating a firm’s differences in R&D expenditure. The difference-in-difference method was used with a total sample size of 71 firms, which uses a control group and a treatment group to negate macro-environmental disruptions to indicate the accurate effects of the tax policy change. The results state that companies that experienced a reduction in corporate taxes raised their R&D expenditure, approximately by 11.60%. This showed that there was a very large increase in R&D activity when corporate taxation was significantly lowered, which would support the literature’s findings that suggested the existence of a negative relationship. However, the research yielded a result that would indicate that the 11.60% increase was not a statistically significant result and that further studies need to be conducted.
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Bunnage, Grant J. "Public Dollar Private Owners; Tax Subsidies for New Stadiums in Professional Sports." Scholarship @ Claremont, 2011. http://scholarship.claremont.edu/cmc_theses/114.
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The growing popularity of North American professional sports over the last twenty years directly coincides with the recent trend of urban communities using tax dollars to publically subsidize professional football, baseball, and basketball stadiums. Communities across North America invest substantial amount of public tax dollars in private facilities in light of a consensus among policy analysts that the economic impact of the new stadium is greatly exaggerated. The economic impact of new stadiums has been extensively researched, the focus of this paper rather, is to examine the impact publically subsidized facilities built in the last twenty years have on the overall team valuation compared to teams with no public subsidy or no new stadium.
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Parulienė, Vaiva. "Mokesčių administravimo Lietuvos Respublikos muitinėje teisinis reglamentavimas." Master's thesis, Lithuanian Academic Libraries Network (LABT), 2006. http://vddb.library.lt/obj/LT-eLABa-0001:E.02~2006~D_20061215_113534-20263.
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The purpose of this work is to determine the effect of legal regulation of tax administration at customs-house on the collection of taxes administered by the customs authorities, to determine and to analyze the most topical theoretical and practical problems in the area of tax administration at customs-house, and to search for the solution of these problems.
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Mas, Montserrat Mariona. "Essays on Wealth Taxation, Aviodance and Evasion among the Rich." Doctoral thesis, Universitat de Barcelona, 2020. http://hdl.handle.net/10803/668654.
Full textAbstract:
This PhD thesis contributes to the ongoing debate about wealth taxation by providing empirical evidence on this matter. On the one hand, it studies behavioural responses to taxes that levy broad stocks of wealth - i.e. the inheritance tax and the annual net wealth tax -, paying special attention to tax avoidance and focusing on the upper part of the wealth distribution. On the other hand, it analyses tax evasion and wealth disclosed through voluntary disclosure programs.
More specifically, after a brief introduction, the second chapter of this Thesis studies the effect of the inheritance tax both on the apportionment of estates and on the reporting and assessment of inherited assets. It uses the universe of inheritance tax returns of Catalan tax residents from 2008 to 2015 and exploits two tax reforms that occurred during 2010 and 2011 in Catalonia. It first exploits the introduction of a deduction for heirs older than 74 to study the effect on estates’ apportionment and uses this age cut-off to instrument inheritance tax rates. Results indicate that spouses are more likely to inherit the entire estate when there is no need to minimize tax payments. Second, it exploits a natural experiment resulting from the quasi-repeal of the inheritance tax for bequests given to close relatives to study changes in reported inheritances. It implements a difference-in-differences strategy that compares estates mostly inherited by close heirs, and hence, affected by the quasi-repeal of the tax, to estates mostly inherited by distant heirs not affected by this reform. Results indicate that reported estates increased up to 40% due to this tax cut. This response is primarily explained by the rise in real estate assessments and, to a lesser extent, by the reporting of assets that otherwise would have been evaded, such as cash, antiques, jewellery, etc.
The third chapter presents a study which focuses on the net wealth tax. It studies how taxpayers reacted to the reintroduction of the Spanish Net Wealth Tax in 2011, focusing not only on wealth accumulation, but also on potential avoidance strategies related primarily to exemptions and the existence of a limit on tax liability. It uses a panel of tax return micro-data from the universe of Catalan wealth taxpayers between 2011 and 2015, which approximately accounts for the wealthiest 1% of income tax filers. As there are no data for the period when the wealth tax was not being imposed, it takes advantage of the unexpected reintroduction of the tax by the Catalan Government at the end of 2011. This serves as the control year. The variation in treatment exposure, measured through the average tax rates, is then used to identify the effects of the wealth tax. Results show that the taxpayers' response to the reintroduction of the wealth tax was significant and they reflect avoidance rather than real responses. Facing higher wealth taxes did encourage taxpayers to change their asset and income composition to take advantage of exemptions (mostly business-related) and the limit on tax liability. Overall, these avoidance responses are large in terms of revenues and increasing over time.
Leaving aside these avoidance strategies, the fourth chapter of this Thesis takes a step forward and studies wealth evasion among the rich. This chapter exploits a tax amnesty implemented by the Spanish government in 2012. Through belated wealth tax returns submitted after the voluntary period - by the end of the amnesty program -, it identifies taxpayers voluntarily disclosing hidden wealth and quantifies the levels of evasion. Then it estimates the probability of a taxpayer being evader given the values reported in wealth tax returns filed during the voluntary period. For this matter, it frames tax evasion detection as a binary classification problem and trains and evaluates multiple classifiers commonly used in supervised machine learning methods. The accuracy rates indicate that the relatively little information available from wealth tax returns already allows to distinguish evaders from (presumably) non-evaders. Nonetheless, the provision of additional taxpayers' information might help to achieve a better detectability. Finally, the fifth and last chapter concludes.
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Siebenthaler, Jennifer W. "ENDOWMENTS OF HIGHER EDUCATION INSTITUTIONS AND INDIVIDUAL INCOME TAX POLICY: WEALTH EROSION FROM A LOSS IN CHARITABLE CONTRIBUTIONS." UKnowledge, 2019. https://uknowledge.uky.edu/epe_etds/68.
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The most significant tax overhaul bill in over thirty years was enacted in 2017 and expected to have wide-ranging effects. The Tax Cuts and Jobs Act includes numerous policies that directly and indirectly impact the higher education sector and the effect to endowments was not addressed in the public debate leading up to enactment. Unlike expendable gifts, a reduction in endowment contributions has a cumulative effect because a gift to an endowment can benefit all subsequent years. Each year following a contribution, investment income earned on the original gift is available for spending and benefits escalate over time in amount, assuming the value of the original gift continues to grow. The purpose of this study is to analyze precisely the direct and indirect impact of personal income tax regulations on the charitable sector. It will do so by disaggregating data to delineate clearly the differential consequences that distinguish higher education from other components of the broad charitable sector umbrella. A model is developed to predict the erosion of endowment wealth following a decrease in contributions due to tax policy using panel data from a previous ten-year period assuming the tax policy was first effective beginning in year one. The erosion of overall endowment wealth is gradual, and subsectors of higher education are predicted to experience varying rates of attrition. Regression analysis is then used on giving by source data to institutional and endowment characteristics indicative of greater reliance on contributions from individuals to the endowment; the results are suggestive but inconclusive.
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Štefánková, Stanislava. "Komparace procesní úpravy správy daní v České republice a Slovenské republice." Master's thesis, Vysoké učení technické v Brně. Fakulta podnikatelská, 2014. http://www.nusl.cz/ntk/nusl-224511.
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The diploma thesis focuses on tax administration in the Czech Republic and in Slovakia. It deals with the comparison of procedural law of tax administration, compares the principles enshrined in the relevant laws and marginally deals with the principles of good administration. It also compares chosen taxes obligations, which the taxpayer has to comply with towards tax authorities. The thesis also contains recommended solutions for simulated problem situations.
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Burnus, Roman. "Daňové penále v České republice." Master's thesis, Vysoké učení technické v Brně. Fakulta podnikatelská, 2008. http://www.nusl.cz/ntk/nusl-221973.
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Master's thesis brings the basic summary of principles and methods of tax supervision and comments development of tax penalty. Purpose of the Master's thesis is a creation of proposals for improvement tax collection and increasing efficiency of tax procedure. Increasing tax submission and liberalization of tax penalty system inspired by legislation of European union are strategic goals of thesis.
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Konmam, Prosper. "La fiscalité locale au Cameroun." Thesis, Paris 1, 2013. http://www.theses.fr/2013PA010269.
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La fiscalité locale vue comme l’ensemble des mécanismes juridiques régissant la collecte des impôts locaux au profit en totalité ou en partie des collectivités locales apparaît au Cameroun avec la création formelle des villes en 1944. Avant cette réorientation de la fiscalité dans le Territoire du Cameroun sous tutelle, elle est en réalité un outil de domination coloniale au service des intérêts de la Puissance mandatrice. Au lendemain de l’indépendance du pays en 1960, le système fiscal local demeure inchangé avec la prédominance des CAC et une kyrielle de taxes et redevances dont la productivité demeure faible. La timide reforme de 1974 qui a pour but réel d’uniformiser le système fiscal après la réunification des deux Cameroun (Anglophone et Francophone) n’apporte en définitive aucune innovation majeure. Les mêmes difficultés persistent et s’empirent même avec la crise économique des années 90. Au-delà des facteurs externes, ces difficultés sont liées d’une part à l’archaïsme du mode d’organisation administrative et d’autre part à la faiblesse de la législation. Un espoir naît avec la réforme de 2009, fruit du processus de décentralisation en cours au Cameroun. Cette réforme, malgré ses avancées, reste toutefois en deçà des attentes et les collectivités locales dans leur immense majorité croupissent toujours dans l’extrême pauvreté. De nouveaux processus de recherche de ressources fiscales et non fiscales sont de plus en plus expérimentés, faisant la part belle à des partenariats de tous types et aussi à l’extension plus grande de la matière imposable au niveau local. Ces avancées pour plus d’efficacité auront fortement besoin d’une nouvelle forme d’administration de l’impôt local et d’un renforcement du dispositif législatif et réglementaire en s’efforçant de créer de meilleures relations entre l’Administration et les contribuables et aussi, puiser des expériences réussies ailleurs dans d’autres pays Africains de même niveau de développement. La réforme est possible contrairement à une idée véhiculée par les afro-pessimistes. Pour cela, un diagnostic clair de la situation doit être fait et accepté par l’autorité centrale mais aussi par les autorités locales et ensuite toutes les solutions mises en exergue dans cette étude devraient suffire pour sortir la fiscalité locale au Cameroun de sa torpeurLocal 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
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Berlianto, Aprinto. "Tax competition and harmonization in Southeast Asia : a thesis presented in partial fulfilment of the requirements for the degree of Master in Public Policy at Massey University, Albany, New Zealand." Massey University, 2009. http://hdl.handle.net/10179/966.
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Policy makers in the Southeast Asian region are faced with many challenges in national policy taxation from globalization, in particular the increasing cross-border mobility of capital. One of the challenges is the competition to attract a mobile capital base which leads to a trend towards declining statutory corporate taxation rates and a pressure to harmonize taxation policy. This study explores taxation literature and uses empirical evidence from the period of 1996-2006 to examine tax competition and tax harmonization in the region. The study seeks evidence for the existence of tax competition by analyzing recent trends in two groups of measures of taxation: tax rates and tax revenues. This begins with looking at the trends of statutory corporate tax rate. Evidence is found for a decline in statutory corporate tax rates, developments commensurate with the existence of tax competition. On the contrary, the tax revenue data presented here, show that the expected decline in total tax revenues has not occurred; indeed, a significant increase has been recorded. It is also supported by empirical evidence of the ratio of corporate tax revenue either relative to GDP or to total tax revenue. The strengthening of these revenues has meant that the expected shift in the tax burden away from mobile to immobile factors has also failed to materialize. The two groups of measures of taxation thus provide apparently inconsistent views of the impact of tax competition. There follows an analysis of the elements of tax competition according to literature, in an attempt to draw out its implications for the experience within the Southeast Asian region. This study also examines the case for tax harmonisation and the Southeast Asian experience and it is concluded that the progress of tax harmonisation between countries has tended to be difficult to achieve because of the differences among the countries in terms of the tax structures and level of economies.
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Júnior, Antonio Carlos Ferreira de Souza. "A cessação dos efeitos da coisa julgada das relações tributárias continuativas em face de superveniente decisão do STF." Universidade Católica de Pernambuco, 2011. http://www.unicap.br/tede//tde_busca/arquivo.php?codArquivo=597.
Full textAbstract:
O presente trabalho tem por o objeto de pesquisa pretende, a partir da contextualização da teoria do direito e direito positivo vigente, estabelecer a resposta para a seguinte pergunta: É possível a cessação dos efeitos da coisa julgada de relações jurídicas continuativas em matéria tributária em face de superveniente decisão plenária do Supremo Tribunal Federal? Para tanto, divide-se o trabalho em duas partes. Na primeira parte, analisaremos os seguintes aspectos: a)
enfoque da teoria do direito, onde se estabelecem as premissas teóricas que serão contextualizadas no curso de todo o trabalho; b) complementando as premissas iniciais
desenvolvidas anteriormente, analisa-se sanção de inconstitucionalidade sob a ótica constitucional. Ainda estudaremos o modelo teórico difundido pela maior parte da doutrina que o contrapõe ao direito positivo nacional; c) em seguida, a partir do estudo sistemático da coisa julgada e da eficácia da decisão plenária do Supremo Tribunal Federal sobre as relações jurídicas tributárias, serão indicadas as premissas menores do trabalho. Na segunda parte,
busca-se, a partir da coleta de dados dos repositórios de jurisprudência do Superior Tribunal de Justiça e Conselho Administrativo de Recursos Fiscais, estabelecer uma análise qualitativa do modelo decisório definido por aquele órgão. A partir das premissas articuladas, conclui-se que o ordenamento jurídico brasileiro, ao menos no que se refere à relação tributária, atribui um caráter vinculativo às decisões plenárias do Supremo Tribunal Federal. Tal caráter
constitui verdadeira alteração do arcabouço normativo prévio, pois insere uma nova expectativa normativa que deve ser obedecida pela administração pública e os contribuintes.
Logo, a superveniente decisão do STF possui o condão de alterar o estado de direito da sentença atingida pela coisa julgada, o que permite a sustação da eficácia futura da sentença, por meio da ação de modificaçãoIs it possible to stop the concrete effects of a res judicata in a continuative tax legal relationship after a Supreme Court decision in the same issue? This research explores this question in two different ways: first, from Legal Theory point of view, will be analyzed the formal institutions related with object, with especial attenction to the unconstitutional norm sanction; second, confronting all theoretical models, this research collected data from one of Brazilian High Corts (Superior Tribunal de Justiça) and from High Administrative Court for Tax Disputes (Conselho Administrativo de Recursos Fiscais) with the scope to get a qualitative diagnosis of judicial and administrative decision making in disputes envolving the same object of this dissertantion. From these premisses, was found a trend to assign biding effects to Supreme Court precedents related to tax issues, inserting a new normative expectation to be obeyed by Governement and taxpayers. So, without any legislative reform, any incidental Supreme Court colegial decision can modify res judicata state of right, allowing the interruption of the future effectiveness of such sentences
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Normantaitė, Renata. "Gyventojų pajamų mokesčio analizė." Master's thesis, Lithuanian Academic Libraries Network (LABT), 2005. http://vddb.library.lt/obj/LT-eLABa-0001:E.02~2005~D_20050526_125912-55372.
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The object of this research is the Personal Income Tax Research aim – to analyze of personal income tax, its administration in theory and practical activity, formulate proposals for a further personal income tax improvement. Objectives: - to exhibit tax essentiality, taxation principle; - to give shot overview of personal income tax history and personal income tax in foreign countries; - to analyze of personal income tax, to present its merits and demerits; - to analyze administration of personal income tax; - formulate proposals for a further personal income tax improvement Research methods: logical and comparative analysis and synthesis by specialized, Lithuanian and foreign authors, methods of logical and graphic modeling.
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Petersen, Hans-Georg. "Steuern in Fragilen Staaten : Empfehlungen für die Entwicklungszusammenarbeit." Universität Potsdam, 2010. http://opus.kobv.de/ubp/volltexte/2010/4846/.
Full textAbstract:
Fragile states are characterized by institutions which do not have the political will or ability to reduce poverty in the interests of their citizen, to establish basic social security, to promote a successful development process, and to guarantee security and human rights. The regional disintegration processes after the period of imperialism and the fall of the iron curtain have created many new states, which still are politically unstable and unable for a sustainable development. In the literature such states are describes as "weak", "failing or failed", "collapsed", "conflict or post-conflict" - dependant on the extent of the particular state failure. Several indicators try to describe such states and partly allow for projections of the future development. Then the role of taxation is discussed in detail before recommendations for the development cooperation are presented. Obviously taxation plays a key role for the democratization process in fragile states.
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Ossa, Louis René. "Fiscalité des particuliers en Afrique subsaharienne et mobilité internationale des personnes." Thesis, Paris 1, 2017. http://www.theses.fr/2017PA01D083.
Full textAbstract:
La fiscalité des particuliers en Afrique subsaharienne s'articule autour des principes de territorialité, d'extraterritorialité et d'internationalité. Ces derniers n'ont pas connu d'évolution particulière ces dernières années, en dépit de changements radicaux que connaît la société internationale. Ces principes demeurent fondés sur la reconnaissance pleine et entière de la souveraineté juridique de l’État, qui en fait l'acteur principal de la fonction fiscale. Ils évoquent une « société internationale vertébrée », dans laquelle les frontières physiques sont autant politiques qu'économiques. Ils postulent que l’État a les moyens de contrôler toutes les activités économiques réalisées dans les limites de son territoire, et en particulier les importations et les exportations tant de biens que de prestations. En réalité, la société internationale actuelle, du fait de la mondialisation, est devenue économiquement « invertébrée ». Il ne fait point de doute que l'érosion amorcée des frontières politiques (et sûrement des frontières économiques), entraînera une mobilité toujours plus accrue des particuliers, et donc une propension plus élevée à la fraude et à l'évasion fiscales. Les notions de résidence fiscale (qui découle du principe de territorialité) ou de disponibilité du revenu, de vente d'un bien ou de prestation d'un service (constitutive du fait générateur) ne sont pas devenues totalement inutiles. L'impôt restera toujours rattaché à une entité politique, qu'elle soit appelée État ou pas. De même, la mobilisation d'une recette fiscale dépendra toujours de l'évènement qui crée la dette fiscale. Toutefois, deux évolutions majeures fie peuvent plus être ignorées : (1) l'inefficacité du principe de territorialité pour définir la résidence fiscale dans un monde de plus en plus ouvert, et (2) l'indiscernabilité du fait générateur d'un nombre croissant de transactions économiques. A l'évidence, ces deux principes ont besoin d'être revisités, à coup sûr « rajeunis », pour tenter de les adapter à la société économique actuelle. Au bout de cette démarche devrait se dessiner une « nouvelle fiscalité des particuliers » qui consacre les aspirations légitimes à la liberté politique, économique et sociale des individus. Ce chantier commence avec l'autonomisation du cadre conceptuel et administratif de la fiscalité des particuliers. En effet, l'inadaptabilité de la fiscalité des particuliers à l'environnement économique international s'explique prioritairement par son alignement inexplicable sur le système fiscal des entreprises. La recherche de l'efficacité suggère pourtant une autonomie des règles d'imposition et de gestion des impôts des particuliers. En matière de politique fiscale, les questions essentielles comme la concurrence fiscale des hauts revenus, la juridiction fiscale des personnes ou l'affectation du produit de l'impôt suggèrent des approches originales et spécifiques aux particuliers. En matière d'administration fiscale, le même souci d'efficacité commande la mise en place d'un dispositif organisationnel et méthodologique adapté à l'exigence de « bonne gouvernance » particulièrement sensible en matière de gestion fiscale des particuliers.Au total donc, ce nouveau monde politique, économique et social appelle à une rénovation conséquente du cadre actuel d'imposition des individus en Afrique et la consécration d'un système fiscal construit autour de la recherche d'un meilleur équilibre entre les principes de coercition d'une part et d'attractivité d'autre partIndividual taxation instruments in SSA are fundamentally premised on the principles o f: (I) territoriality, (II) extraterritoriality and (III) internationality. Despite a lot of radical changes largely driven by globalization these instruments of individual taxation have more or less remained the same. The principal actor in the tax function is the state whose being is based on the full recognition of the legal sovereignty of states. The state evokes an "international society vertebrate", where physical boundaries are both political and economic. They imply that the state has the means to control all economic activities within its territory, but also to effectively control imports and exports of both goods and services. The current international society has become "spineless" economically due to globalization. There is no doubt that this erosion of political and economic boundaries results in an increase in the mobility of individuals, as well as an increase in fraud and higher tax evasion. The principle of territoriality (that anchors the notion of tax residence or domicile for tax purposes) and the availability of income, sale of goods, or performance of a service (constituting the operative event) are not inherently challenged. The notion of taxation will always be linked to a political entity whether it is called a State or not, just as the mobilization of tax revenue will always depend on an event that creates tax obligation. On the one hand, what is at stake is operational incompleteness of territoriality in defining tax residence, and on the other hand the indiscernibility of certain transactions for triggering the calculation of due dates for certain taxes. These principles in face of globalization and societal development have their own challenges. Consequently, there is need to rethink their relevance in modern taxation to adapt them to changing times.In this context, it seems necessary to build a "new income tax system" which incorporates the legitimate aspirations of the political, economic, and social freedom of individuals. This new project begins with empowering the conceptual and administrative framework for individual taxation. Indeed, the unsuitability of individual taxation in the international economic environment is primarily due to the inexplicable alignment of the tax system with the individual companies. The search for efficiency demands a range of standards for taxation and income tax management, principally in the current context of international mobility. In tax policy, developing an autonomous approach to the international tax competition phenomena of tax jurisdiction, the traceability of taxes collected from individuals and which considers the peculiarity of this category of taxpayers, is an urgent necessity. In tax administration, the same concern for efficiency requires the implementation of a new organizational and methodological device to implement the demand for transparency and traceability. This new situation proposes a significant renovation of the taxation framework for individuals that aimed at a better balance between the principles of coercion and fiscal attractiveness
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Nesteckis, Antanas. "Gyventojų pajamų mokesčio įtaka savivaldybių biudžetų pajamoms." Master's thesis, Lithuanian Academic Libraries Network (LABT), 2009. http://vddb.library.lt/obj/LT-eLABa-0001:E.02~2008~D_20090114_153917-18506.
Full textAbstract:
Antanas NESTECKIS
Gyventojų pajamų mokesčio įtaka savivaldybių biudžetų pajamoms
Magistrantūros studijų baigiamasis darbas, 53 puslapių, 8 paveikslai, 13 lentelių, literatūros šaltinių, priedai.
RAKTINIAI ŽODŽIAI: gyventojų pajamų mokestis, savivaldybės biudžetas, mokesčio tarifas, gyventojų pajamų apmokestinimas.
Tyrimo objektas - gyventojų pajamų mokesčio pajamos Kauno apskrities savivaldybėse.
Tyrimo dalykas - gyventojų pajamų mokestis.
Tyrimo tikslas – nustatyti gyventojų pajamų mokesčio įtaką savivaldybių biudžetų pajamoms.
Tyrimo uždaviniai:
1. Nustatyti gyventojų pajamų mokesčio reikšmę savivaldybių pajamoms;
2. Identifikuoti pajamų mokesčio politikos tendencijos Europos šalyse;
3. Nustatyti pagrindines gyventojų pajamų apmokestinimo principų ir uždavinių taikymo problemas.
4. Parengti gyventojų pajamų mokesčio įvertinimo formuojant savivaldybių biudžetų pajamas metodiką;
5. Atlikti pajamų surinkimo iš gyventojų pajamų mokesčio įvertinimą;
6. Pateikti pasiūlymus pajamų surinkimui iš gyventojų pajamų mokesčio tobulinti.
Tyrimo metodai:
• tiriant teorinius gyventojų pajamų apmokestinimo pagrindus bei mokesčių politikos ES tendencijas naudoti bendramoksliniai tyrimo metodai – mokslinės literatūros bei teisinių dokumentų analizė ir sintezė.
• vertinant gyventojų pajamų mokesčio įtaką savivaldybių biudžetų pajamoms – statistiniai duomenų rinkimo bei analizės metodai, teisinių gyventojų pajamų mokesčio Lietuvos dokumentų analizė ir sintezė, loginė analizė ir... [toliau žr. visą tekstą]Antanas Nesteckis The influence of Personal Income Tax on Municipal Budget Revenue Final work Master of Science diploma comprises of 53 pages, 8 pictures, 7 tables, literature sources and appendixes. Keywords: Personal Income Tax, Municipal Budget, tax rate, Personal Income taxation. Research object – revenue of Personal Income Tax in Kaunas district. Research subject - Personal Income Tax. Research aim – to estimate the influence of Personal Income Tax on municipal revenue. Research tasks: 1. To determine the influence of Personal Income Tax on Municipal Revenue; 2. To identify Income Tax policy trends in European countries. 3. To determine the main problems of Personal Income Tax taxation principles and aims use. 4. To prepare a methodology of Personal Income Tax assessment setting Municipal Revenue. 5. To estimate Personal Income Tax collection. 6. To make a suggestions for the improvement of Personal Income Tax collection. Research methods: • Analysing the main reasons of theoretical Personal Income Tax taxation and Tax policy trends there were used scientific research methods - scientific literature, legal document analysis and synthesis. • Evaluating influence of Personal Income Tax on Municipal Revenue there were used statistical data collection and analysis methods, legal Lithuanian documents about Personal Income Tax analysis and synthesis, logical analysis and synthesis. • Processing and systematization statistic information there were used aggregation... [to full text]