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Mariana, MUZYCHUK, and FOMINA Olena. "CbC-REPORTING IN TAX ADMINISTRATION." Foreign trade: economics, finance, law 116, no. 3 (June 15, 2021): 64–76. http://dx.doi.org/10.31617/zt.knute.2021(116)06.
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Background. Countering the erosion of the tax base through the use of transfer pricing (TP) is an important element of tax policy. Ukraine is implementing three-level TP reporting and the procedure of automatic exchange of tax information. The analysis of recent research and publications has showedthat research on the use of data obtained in the exchange of tax information procedure under the CbC standard is relevant and controversial. The aim of the articleis to investigate the conditions for the introduction of automatic information exchange in Ukraine and provide recommendations for the practical use of the obtained data for tax control purposes. Results. An analysis of the structure of three-level TP reporting and the conditions of its first submission in Ukraine was performed. The procedure of automatic exchange of tax information according to the CbCR standard is considered. Based on the results of this study, a set of proposals for the use of CbC reporting data for tax administration purposes has been developed. The implementation of these proposals will help strengthen tax control and administration. Conclusion. The information received under CbCR-standard is intended for comprehensive analysis and risk identification by tax administrations and cannot be an alternative to tax audits or investigations. The obtained results can be used to build the business processes on CbC information application by the tax authorities. Further research in this direction should focus on the development of recommendations for the business process on the automatic exchange of information according to the CbCR standard establishment and the further use of the data obtained under this exchange by the tax administration.
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Fionasari, Dwi, Retri Wiyarni, Della Hilia Anriva, Annie Mustika Putri, and Norra Isnasia Rahayu. "Pengaruh Penerapan Sistem Automatic Exchange Of Information, Sistem Administrasi Modern, Dan Sanksi Pajak Terhadap Kepatuhan Wajib Pajak." Jurnal Akuntansi dan Ekonomika 11, no. 1 (June 20, 2021): 82–88. http://dx.doi.org/10.37859/jae.v11i1.2544.
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This study aims to test whether there is an influence between automatic exchange of information system, modern administration system, and tax sanctions on taxpayer compliance. The data used in this study are primary data. This type of research is quantitative. The object of this research is the tax employee of the account representative division at the pratama service tax office Pekanbaru city, namely KPP Pratama Senapelan, KPP Pratama Tampan, and KPP Madya Pekanbaru city. Sample collection method using saturated sample method. Samples taken are 83 people. Test data analysis using multiple linear regression method processing using SPSS 20. The result of this study indicate that the automatic exchange of information system affects taxpayer compliance, while the modern administration sytem and tax sanctions have no effect on taxpayer compliance.
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Anggia, Putri. "The Influence of International Tax Policy on the Indonesian Tax Law." Yuridika 35, no. 2 (December 26, 2019): 343. http://dx.doi.org/10.20473/ydk.v35i2.16873.
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By 2012, the Indonesia government had validated Law Number 9 of 2017. One of the content is finance information government access to the customer bank and to the taxpayer. The government has considerations. First of all, Government will be open the access limitation of banking automatically that is necessary for taxation. The second, Indonesia has committed to international agreements of taxation which is obliged to fulfill the commitment. The commitment is to participate in implementing Automatic Exchange of Account Information (AEOI). Based on the policy, several managements and flow process around the banking area changed. Moreover as the customer bank are affected. The registration for the customer bank have been starting since 2018. By the earlier 2019, the progress of the administration needed to be checked and to be evaluated. This paper tries to discuss this issue based on the academic point of view. Data were obtained through library research. The library research was done by documentary study by collecting and analyzing selected laws and regulations, books, articles, journals and other documents which were relevant to the research. All datas were analyzed qualitavely. The implication of this research brings up a new idea about the theory of bank secrets. Initially, it is consisted of two theories, namely are absolute and relative. Despite of the two, there is a big affect in theory and academic knowledge about the validation of the agreement Indonesia government.
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Kudrle, Robert T. "The OECD's Harmful Tax Competition Initiative and the Tax Havens: From Bombshell to Damp Squib." Global Economy Journal 8, no. 1 (January 2008): 1850128. http://dx.doi.org/10.2202/1524-5861.1329.
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The OECD's Harmful Tax Competition of 1998 departed in both tone and substance from almost anything the organization had published before. The roots of the associated project lie mainly in EU concerns that certain forms of intra-union competition were eroding both the corporate and personal income tax bases of member states. But it appeared impossible to deal with those problems unless policies were also changed in the 40 or so jurisdictions know as “tax havens.” HTC threatened sanctions against the tax havens if they failed to collect and share information upon request about individuals and corporations attempting to evade or avoid income taxes. HTC also set criteria for the legitimacy of claims about corporate location. A firm could claim location in a tax haven only if it had “substantial” activity there. The report created a furor among the tax havens, which complained loudly that they were facing a new form of colonial control by being held accountable for standards they had no role in setting. Over the next several years the corporate element of the project disappeared, and the style of the OECD's approach shifted from confrontation to cooperation. HTC was strongly supported by the Clinton Administration, and summaries of the project's development often stress how much change came with the election of George W. Bush. A careful look at OECD reports, however, reveals that much of the shift in direction occurred before the outcome of the U.S. election in 2000 had been determined. The revised focus on bank secrecy did yield results. Virtually all of the tax havens had acceded to the revised OECD demands for transparency and information exchange by 2004. This article looks at the data on tax haven liabilities to gauge the impact of the project on tax evasion. It employs the ARIMA technique to investigate both tax haven activity as a whole and the particularly important case of the Cayman Islands. No significant impact can be found probably because investment in the havens remains very easy to disguise and very difficult to detect. This suggests that an effective attack on personal income evasion will require more than the OECD demanded. Automatic information-sharing on the ownership based on an internationally consistent set of identifying numbers over a range of financial instruments holds greater promise for a significant decline in the use of the havens for tax evasion.
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Pangestuti, Dinik Fitri Rahajeng, Nisrina Sari, and Ambar Lestari. "TAX HEAVENS PHENOMENON: TAX PLANNING STRATEGY OR TAX AVOIDANCE." Jurnal Ekonomi Syariah, Akuntansi dan Perbankan (JESKaPe) 4, no. 1 (July 27, 2020): 1–24. http://dx.doi.org/10.52490/jeskape.v4i1.627.
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Abstract
Tax planning is one example of the use of regulatory loopholes. On the other hand for the Fiscal Authority, carrying out tax avoidance practices as a form of tax planning will have a negative effect on the Government and, for this reason, the Government makes fiscal corrections as its remedial. Many also hide their assets in tax heavens countries. This is so that the assets they have are not taxed. Tax heavens countries are usually small countries that apply very low taxes, some even do not impose taxes at all. However, the government has prepared an Automatic Exchange of Information (AEoI) data exchange plan that occurs in 2018, certainly will make tax evaders unable to run away from the pursuit of the tax authorities, even if they have to flee to tax heavens countries (tax heavens).
Keywords: tax heavens, tax planning, Automatic Exchange of Information (AEoI)
Abstrak
Perencanaan pajak adalah salah satu contoh penggunaan celah peraturan. Pada sisi lain bagi Otoritas Fiskal, melakukan praktik penghindaran pajak sebagai bentuk perencanaan pajak akan membawa efek negatif bagi Pemerintah dan, untuk itulah, Pemerintah melakukan koreksi fiskal sebagai remedialnya. Banyak juga yang menyembunyikan asetnya di negara-negara tax heavens. Hal ini bertujuan agar aset yang mereka punya tidak terkena pajak. Negara tax heavens biasanya merupakan negara kecil yang menerapkan pajak yang sangat rendah, bahkan ada yang tidak mengenakan pajak sama sekali. Namun, pemerintah telah menyiapkan Rencana pertukaran informasi data perbankan secara otomatis (Automatic Exchange of Information/AEoI) yang terjadi pada 2018, dipastikan akan membuat para pengemplang pajak tidak akan bisa lari dari kejaran otoritas pajak, sekalipun mereka harus kabur ke negara surga pajak (tax heavens).
Kata kunci: Tax Heavens, Tax Planning, Automatic Exchange of Information (AEoI)
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Ispriyarso, Budi. "AUTOMATIC EXCHANGE OF INFORMATION (AEOI) DAN PENGHINDARAN PAJAK." Masalah-Masalah Hukum 49, no. 2 (April 30, 2020): 172–79. http://dx.doi.org/10.14710/mmh.49.2.2020.172-179.
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AEOI (Automatic Exchange Of Information) merupakan sistem yang mendukung adanya pertukaran informasi rekening wajib pajak antar negara. pada waktu tertentu secara periodik, sistematis, dan berkesinambungan dari negara sumber penghasilan atau tempat menyimpan kekayaan, kepada negara residen wajib pajak. Adanya AEOI ini dilatarbelakangi banyaknya penghindaran pajak yang dilakukan wajib pajak. Permasalahannya adalah (1) Bagaimana penghindaran pajak dilakukan wajib pajak di Indonesia (2) bagaimana peranan AEOI dalam mencegah atau mengurangi penghindaran pajak. Penghindaran pajak dilakukan wajib pajak melalui tax avoidance dan tax evasion. Peranan AEOI dalam mencegah atau mengurangi penghindaran pajak sangat penting, karena dengan adanya sistim ini, wajib pajak yang membuka rekening di negara lain akan terlacak secara langsung oleh otoritas pajak negara asal. Sistem ini juga akan berguna mengurangi pengemplang pajak untuk menghindari pajak, karena negara-negara yang ikut tergabung sistem ini, semakin banyak.
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Winkleman, Tyler. "Automatic Information Exchange as a Multilateral Solution to Tax Havens." Indiana International & Comparative Law Review 22, no. 1 (January 1, 2012): 1932–217. http://dx.doi.org/10.18060/17676.
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Filipova-Slancheva, Atanaska. "Automatic exchange of tax information: initiation, implementation and guidelines in Bulgarian context." Problems and Perspectives in Management 15, no. 2 (September 27, 2017): 509–16. http://dx.doi.org/10.21511/ppm.15(si).2017.04.
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The paper aims to introduce and clarify automatic exchange of tax information as a global and European Union initiative in order to curb tax evasion via cross-border tax avoidance, along with aggressive tax competition. It investigates the role of Organization for Economic Cooperation and Development (OECD) which developed Common Reporting Standard (CRS) and endorsed it in 2014. CRS is a framework for automatic exchange of tax information with the purpose to promote cooperation among various jurisdictions. For EU Member States, CRS is transposed by the amended EU Directive on Administrative Cooperation (DAC2). Bulgaria as a member state has transposed the Directive in the national law. This study examined automatic exchange of tax information (AETI) from Bulgarian perspective – historic development, legal framework, responsible and competent authorities and application of DAC2 and expectations for newly approved DAC3. In the study, Bulgarian financial institutions (banks) are examined, implementation status and how the challenge of AETI, including client information and data protection, are addressed. Primary data for banks are collected from publicly available sources (website of the respective bank), as company websites of top 5 Bulgarian banks were examined for information related to automatic exchange of financial information/tax information. Results show that major Bulgarian banks, within First Group in terms of assets, are initiating the process, internal due diligence and preparation for the new reporting requirements. General conclusion is that currently there are some critical issues to be addressed, new DAC3 might introduce higher challenges, as practical guidance is the solution.
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Estellita, Heloisa, and Frederico Silva Bastos. "TAX EXCHANGE OF INFORMATION AND INTERNATIONAL COOPERATION IN BRAZIL." Revista Direito GV 11, no. 1 (June 2015): 13–35. http://dx.doi.org/10.1590/1808-2432201502.
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Globalization and internationalization of companies are phenomena that need to be considered by modern tax administrations. In many situations, such as tax evasion, harmful tax competition and money laundering, domestic statutes seem to be ineffectual in a global dimension. Fo cope with that, new forms of regulation and regulators emerge. Under this view, an effort towards signing international treaties, conventions and agreements seems to be a feasible solution. The brazilian legal framework contains principles and rules that make international cooperation and exchange of information (eoi) with other countries possible. Furthermore, the brazilian tax administration has wide-ranging access powers to obtain information for international exchange purposes and has the tools to coercively produce such information. Brazil is following the right path to implement international exchange of information standards. However, there are some obstacles that need to be fixed for a more efficient implementation of these mechanisms. This article examines some topics of the brazilian legal and institutional framework on the tax exchange of information, such as a new model of approach of the tax administration, the tax transparency agenda and the international agreements on eoi matters, the brazilian supreme court rulings under bank secrecy and the rights of brazilian taxpayers regarding eoi.
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OLEYNIKOVA, Liudmyla, and Inna DOLZHENKO. "Improvement of tax control in Ukraine on the basis of implementing BEPS plan tools and automatic information exchange." Naukovi pratsi NDFI 2020, no. 3 (December 4, 2020): 79–94. http://dx.doi.org/10.33763/npndfi2020.03.079.
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The article is devoted to substantiating the need to develop and strengthening the competencies and capabilities of tax services to identify and stop tax evasion in the global economic space characterized by the use of aggressive tax planning schemes related to the taxation of cross-border companies. The aim of the article is to determine the procedures and consequences of the introduction in Ukraine of the standard of automatic exchange of information for tax purposes, the advantages of which are its potential to curb significant tax evasion offshore. Research methods: methods used in this research goes as following: comparative analysis, systematic analysis, cognitive-analytical, data base analysis etc. It is established that the exchange of information between the tax authorities of different countries is the most important among the international instruments to combat cross-border tax evasion schemes, and the main international tool for cooperation in overcoming the asymmetry of tax information is the introduction of a standard for automatic exchange of information for tax purposes. Emphasis is placed on the parameters set by the CRS standard for the identification and exchange of information and the steps that need to be taken to implement it in Ukraine. Research methods: methods used in this research goes as following: comparative analysis, systematic analysis, cognitive-analytical, data base analysis etc. Author arrives at the conclusion that the dates of establishment of the automatic taxation and financial information exchange system in Ukraine (in accordance with CRS standards) are not being followed sufficiently. In this paper author discusses the importance of systematic and methodological establishment of the automatic taxation and financial information exchange system in Ukraine (in accordance with CRS standards) as well as suggests the methods that would efficiently speed up the process of law enforcement project development in Ukraine as well as other normative acts.
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Tedja, Adrian Adhitana, Vincent Arta Wijaya, and Jevelyn Lidyawati. "Automatic Exchange of Information on Indonesia Jurisdiction in order to Control Business Opportunities." Notaire 2, no. 2 (August 8, 2019): 143. http://dx.doi.org/10.20473/ntr.v2i2.13174.
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The Automatic Exchange of Information (AEOI) is a product of common reporting standard as a result of Indonesia's ratification of the Convention on Mutual Administrative Assistance in Tax Matters. The convention purpose is to prevent transnational tax evasion and money laudry, with the existence of an automatic exchange of information system through out members of the convention can enact and enforce its laws. The main problems concerning an autamated system is the jurisdiction regarding the enacting state, as well as bank secrecy laws in ratifying countries. With banks are compromised to reveal tax payers information to the state, many tax payers will eventually lose interest in one state and start seeking tax havens, which will impact the economy and business sectors as well as trade policies between states. The purpose of this research is to find out what law governs AEOI in Indonesia and its impact on transnational jurisdiction between ratifying and non-ratifying states. This research is a juridical-emphirical research which uses statute approach, conceptual approach and comparative approach. The research compares Indonesia laws including banking law as well as statistics of Indonesian economic growth since the enactment of tax amnesty as a reaction towards AEOI.
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Maslov, Kirill. "THE LEGAL PROBLEMS OF INFORMATION EXCHANGE IN SYSTEM OF TAX AUTHORITIES." Law Enforcement Review 1, no. 4 (January 10, 2018): 46–55. http://dx.doi.org/10.24147/2542-1514.2017.1(4).46-55.
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The subject. The article is devoted to legal issues in the regulation of relations on information exchange between departments of the Federal Tax Service of Russia and their officials.The purpose of the article is to determine the legal basis, allowing the effective exchange of tax information between tax authorities.The methodology of the study includes general scientific methods (analysis, synthesis, comparative method, description) as well as particular academic methods (interpretation of legal acts, formal-legal method).Results, scope. Information interaction of bodies of tax administration along with General principles of information exchange, shall further be based on the principle of maximum accessibility to bodies of tax administration existing tax information. Information must be transmitted by officials of these bodies to each other by applying the maximum number of forms of interaction. It is not only the planned transfer of certain data, but prompt replies to queries; unification of formats of information used (in the future, if technically possible, a unified information system to allow remote access to every employee of all departments); support workers one bodies the activities of other specialists; coordination of control activities; joint seminars (conferences).Conclusions. A security feature of the standards for the exchange of information in the system of tax administration, will be fully realized only when along with an indication of the type of information to be found who, in what organ and in what order must pass, and what will be the liability for violation of the rules.
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Poponova, N. A. "Results of tax transparency standards implementation in the Organization of economic cooperation and development." Entrepreneur’s Guide 13, no. 1 (February 21, 2020): 55–67. http://dx.doi.org/10.24182/2073-9885-2020-13-1-55-67.
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The study subject is the measures of suppression so called «Harmful tax competition» process and the world financial system transparency increasing, as well as international taxation rules transparency increasing. These measures are taken by Organization of economic cooperation and development (OECD) and European Union (EU) countries since the mid of 2000. This study describes their main results. The theme of Russian Federation participation in the process of international automatic tax information exchange is touched.Conclusions were drawn about the increase of the level of tax legislation so as to reach the international level in field of compliance. It has done due to implementation of the financial information automatic exchange standard.Also the aspect of inefficiency of the most traditional schemes of international tax optimization in the future are touched. The negative aspects of the international exchange of tax information were also noted.
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Noked, Noam. "Tax Evasion and Incomplete Tax Transparency." Laws 7, no. 3 (August 23, 2018): 31. http://dx.doi.org/10.3390/laws7030031.
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This article discusses the impact of incomplete tax transparency on tax evasion. While FATCA and CRS address some forms of tax evasion, tax evaders may still use other tax evasion opportunities. Anti-tax evasion measures might not be effective or cost-efficient if tax evaders can continue evading taxes through alternative tax evasion channels. Automatic exchange of information (AEOI) might also exacerbate the social harm from tax evasion if tax evaders take costly actions to avoid reporting. This article explores policy responses that could better address the problems created by incomplete tax transparency.
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Dahlan, Muhammad. "SHADOW ECONOMY, AEOI, DAN KEPATUHAN PAJAK." Scientax 2, no. 1 (October 23, 2020): 39–56. http://dx.doi.org/10.52869/st.v2i1.51.
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This research develops a broad conceptual framework of shadow economy transactions in Indonesia based on the previous research and finds the correlation with the current tax regulation on automatic exchange of information and tax compliance. Shadow economy is the activity of individuals, households, and/or firms that evade, avoid, or not report its transaction to the government. Based on the previous research, by using monetary approach, the average size of shadow economy in Indonesia equals to 8 – 19% of GDP. Based on this data, the government uses automatic exchange of information (AEOI) to minimize the effect of shadow economy to increase tax revenue and to boost tax compliance.
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Lesage, Dries, Wouter Lips, and Mattias Vermeiren. "The BRICs and International Tax Governance: The Case of Automatic Exchange of Information." New Political Economy 25, no. 5 (March 5, 2019): 715–33. http://dx.doi.org/10.1080/13563467.2019.1584168.
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OLIYNYK, Yana, and Maria KUCHERIAVA. "Assessment of Ukraine’s readiness for international automatic exchange of information for tax purposes." Fìnansi Ukraïni 2021, no. 2 (April 2, 2021): 85–97. http://dx.doi.org/10.33763/finukr2021.02.085.
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The implementation of a constituent element of a three-tier model of transfer pricing documentation – a report in the context of the countries of the multinational group of companies – is a prerequisite for Ukraine's joining the Multilateral Competent Authority Agreement as a measure for implementation of Action 13. The Ministry of Finance of Ukraine, together with the State Tax Service of Ukraine, developed a Roadmap on preparation and harmonization of the draft regulatory legal acts necessary to ensure implementation of the Law of Ukraine dated January 16, 2020 No. 466-IX, according to which the development, approval and registration of the regulatory legal acts for the country-by-country reporting and the procedure for filling it out must be completed until November 23, 2020. The purpose of the article is to determine the institutional basis for improving the legislation of Ukraine in the field of international exchange of information for tax purposes, in particular, the development of recommendations and proposals of the OECD in the field of country-by-country reporting of the multinational group of companies. In the course of study, the authors examined the OECD documents that form the institutional basis for the development of methodological and organizational support for reporting in the context of countries. In accordance with Action 13 of the BEPS Action Plan, jurisdictions of the world have undertaken to increase the transparency of taxation by enshrining in law the requirement to disclose information on the general distribution of their income, taxes and other indicators by the location of economic activity of multinational group of companies. The comparative analysis of the terminology and content of information to be disclosed in the country-by-country reporting in accordance with OECD documentation and Law № 466-IX shows that there is a discrepancy in terminology, indicators and degree of data disclosure in some indicators.
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Subagyono, Bambang Sugeng Ariadi. "Legislation of Law Number 9/2017 as Indonesia's Commitment to Automatic Exchange of Financial Information and Comparison to Malaysia’s Commitment." Research, Society and Development 8, no. 9 (June 26, 2019): e21891237. http://dx.doi.org/10.33448/rsd-v8i9.1237.
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Taxpayer data and information of banking and finance institutions are useful for guidance in giving prediction on any kind of development. A corrective act must be taken as an effort of law enforcement within taxation sector and to increase the Inland Revenue. Financial information exchange concerning on tax interests can be done by both demand and automatic way (Automatic Exchange of Financial Account Information/AEol). This study aimed to know the urgency of Legislations of Law Number 9/2017 as the country allowance increasing effort and how Malaysia's Commitment to Implement Automatically Exchange Information Relating to Financial Accounts (AEoI). Using descriptive qualitative as the methodology, the result showed that Indonesia proved the commitment by signing Multilateral Competent Authority Agreement after AEoI and agreed to start the automatic financial information exchange. It has approved on the Legislation Number1/2017 on financial information access as tax interests which then changed to Legislation Number 9/2017 a year later. Meanwhile, in comparison, Malaysia’s commitment to the AEoI has signed some agreements and committed to exchange information with respect to different types of accounts opened and maintained by the Malaysian financial institutions.
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Ioniță, Claudiu, Birol Ibadula, Cristina Vlad, and Petre Brezeanu. "Crackdown on tax evasion – improving ways of coordination between the tax authorities and automatic exchange of information developments in Romania." Proceedings of the International Conference on Business Excellence 11, no. 1 (July 1, 2017): 523–31. http://dx.doi.org/10.1515/picbe-2017-0056.
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Abstract In an effort to reduce the tax transparency and banking secrecy, the Organisation for Economic Co-operation and Development (“OECD”) has been taking the lead on the battle against cross-border tax evasion, seconded by the Internal Revenue Services (“IRS”) of the United States of America (“USA”), the G20 and the European Commission. Understanding the power that is brought by information and knowledge, the international community proposed adapting the exchange of information tools that were available to them and extending them to a worldwide level. As a result, the Common Reporting Standard (“CRS”) and the Foreign Account Tax Compliance Act (“FATCA”) reporting standards were born. This paper aims at analyzing the improvements in automatic exchange of information brought by the CRS and FATCA standards, together with its limitations. An important section of this paper shall be dedicated to the role that Romania plays in the international efforts of fighting tax evasion, together with the tools and procedures developed in order to sustain the reporting standards. In order to analyze the effects of the CRS and FATCA, it is essential to understand the pros and the cons of the international cooperation on tax matters and its available tools before the CRS and FATCA were created. As there is limited previous literature on the subject, the methodology of the research will consist mainly of analyzing the guidelines issued by the international public body representatives and of the current legislative framework. The main finding of the paper can be considered the fact that the new developments in the automatic exchange of information field can represent a huge step forward towards limiting the tax evasion activity, however, one should be reserved due to aspects such as compliance costs, protection of private information, data gathering and processing techniques and tax residency uncertainty. Further analysis is required when the automatic exchange of information results will be available in order to update the reservations of the paper.
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Darmanti, Riska Marlinda, and Darmawan Mangkan. "THE IMPLEMENTATION OF AUTOMATIC EXCHANGE OF INFORMATION AS A TOOL TO TACKLE OFFSHORE TAX EVASION: AN EXPERIENCE FROM INDONESIA." Scientax 2, no. 1 (October 23, 2020): 100–122. http://dx.doi.org/10.52869/st.v2i1.61.
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Cross-border tax evasion has been a central issue in international taxation in recent years. The use of Offshore Financial Centres (OFCs) and low tax jurisdictions to facilitate the wealth of high net worth individuals has led to offshore tax evasion and has eroded the tax bases of countries. Meanwhile, international tax cooperation is emerging with the aim of enhancing tax transparency. One way to reach tax transparency is with the implementation of the exchange of information for tax purposes. The tax authorities have already implemented the exchange of information on request; however, this method is ineffective to fight against offshore tax evasion. The tax authorities must already obtain the evidence of their suspicion over the taxpayers; otherwise, their request may be denied as a ‘fishing expedition’. The demand for offshore financial information is obvious since it will enable tax authorities to oversee the level of offshore tax compliance. This study considers the importance of the Automatic Exchange of Information (AEOI) as a tool to access the resident’s financial information of residents who kept their financial assets in other jurisdictions with a case study in Indonesia. The financial information from other jurisdictions is fundamental for Indonesia because it can be used for analysis and law enforcement of taxpayers, especially those who previously saved money abroad and have not reported or paid the correct amount of tax. This paper recognizes that despite the benefits of the AEOI, the implementation of the AEOI in Indonesia is still facing challenges, although it has been two years since its first implementation. This study will follow a qualitative methodological approach with a detailed literature review and real experience in Indonesia. Finally, this article explores the current stage of implementing the AEOI in Indonesia and the challenges faced by Indonesia with some proposed solutions for the Directorate General of Taxes for the effective implementation of the AEOI in Indonesia.
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Obadina, Derek Adetokunbo. "Confronting the problem of cross-border tax evasion in an era of greater global transparency of tax relevant information." Journal of Money Laundering Control 19, no. 4 (October 3, 2016): 470–99. http://dx.doi.org/10.1108/jmlc-10-2015-0043.
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Purpose This paper aims to examine the Nigeria’s approach for tackling tax evasion, the limitations of double tax conventions for that purpose, the benefits of multilateral instruments/standards for automatic exchange of tax information and Nigeria’s ability to participate in such arrangements. Design/methodology/approach This paper is a library-based research, deploying content analysis with respect to books, law reports, law journals and newspapers. Findings Nigeria has taken significant steps to deal with domestic tax evasion by tightening anti-money laundering legislation, principally by making tax evasion a predicate offence and by imposing relating reporting obligations on financial institutions and a wide range of designated non financial institutions (DNFI's), but cross-border tax evasion remains a big problem owing to a limited network of double tax conventions (DTCs) and inherent limitations of the machinery in limiting exchange of information to distinct requests. Nigeria’s ability to benefit from new international standards providing for automatic exchange is compromised by the absence of robust rules with respect to taxpayer confidentiality and data protection. Research limitations/implications Because the research focused on Nigeria, the findings of the study might not be applicable to other jurisdictions. Originality/value Given the devastating effects of tax evasion on development in Nigeria and the priority accorded to the eradication of the problem in the sustainable development goals, this paper meets a need to determine the extent of sufficiency of Nigeria’s legal and regulatory framework in enabling the country to tackle tax evasion.
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Ahrens, Leo, and Fabio Bothner. "The Big Bang: Tax Evasion After Automatic Exchange of Information Under FATCA and CRS." New Political Economy 25, no. 6 (July 10, 2019): 849–64. http://dx.doi.org/10.1080/13563467.2019.1639651.
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Orlov, S. N., and Yu V. Fedotova. "Tax administration of small and medium-sized businesses in the digital economy." Financial Analytics: Science and Experience 13, no. 3 (August 14, 2020): 327–42. http://dx.doi.org/10.24891/fa.13.3.327.
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Subject. The article addresses tax administration of small and medium-sized businesses in the digital economy. Objectives. We investigate methods for improving the tax administration of small and medium-sized businesses in the digital transformation of the economy. Methods. The study draws on theoretical and empirical methods. Results. We propose to introduce a unified ecosystem of small and medium-sized businesses to enhance the efficiency of tax administration based on the interests of the said businesses. The ecosystem is a social and technical system, which is implemented through a set of computer programs; the participants of the system share the programs and exchange information. This is an environment that provides conditions for innovative development of a particular industry. Conclusions. Digital transformation of tax administration is critical, as it is the main element of the country's tax system management. It is possible through creating a single technological platform for data exchange, i.e. a special industry-based ecosystem.
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Mohammad, Ryan, and Helmi Zus Rizal. "EVALUASI TINDAK LANJUT PENGELAKAN PAJAK MODUS CROSS-BORDER TRANSACTION DI INDONESIA DENGAN KEBIJAKAN AUTOMATIC EXCHANGE OF INFORMATION FOR TAX PURPOSE." Scientax 1, no. 1 (October 14, 2019): 58–74. http://dx.doi.org/10.52869/st.v1i1.9.
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The Implementation of Exchange of Information for Tax Purposes policy in the second quarter of 2017 is Indonesian Government efforts to mitigate tax avoidance behavior by using a cross-border transaction. In this paper, we research the effect of the policy to Indonesian resident behavior compliance with Difference-in-difference research design using cross-border deposit Indonesian resident data as a proxy for behavior compliance Indonesian resident who does cross border transaction. The observation started from the first quarter of 2008 until the first quarter of 2019, which results in the decrease of cross-border deposit Indonesian resident in Offshore Financial Centre about 25,9%. Furthermore, the results continue that not every cross-border deposit Indonesian resident repatriated or declared in Indonesian, but shifting into other countries who had not to comply to exchange of information policies around 4,6%. These results suggest that the implementation exchange of information for tax purpose policies had a significant role to increase the enforce compliance behavior of Indonesian resident.
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Letete, Puseletso. "Developments In Exchange Of Information In Tax Matters Within SADC: A Move Towards Tackling Tax Fraud In Southern Africa." International Business & Economics Research Journal (IBER) 17, no. 2 (March 27, 2018): 9–20. http://dx.doi.org/10.19030/iber.v17i2.10143.
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In recent years around the world, it is apparent that the need for mutual assistance between states is increasing and gaining support. The Organisation for Economic Cooperation and Development (OECD) has been in the lead of this effort. This approach has also been prevalent in Africa, particularly in the Southern African Development Community (SADC) which is viewed in the context of strengthening economic integration and cooperation in the region. Recently, there has been extensive commitment by many jurisdictions around the world to eradicate problems to the exchange of information in tax matters by approving and supporting the international standard on transparency and exchange of information. The regional organisations in Sub-Saharan Africa have engaged in new trends in tax policy and administration. This has seen the adoption of agreements to regulate exchange of information in tax matters which is the subject of the present enquiry.
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Kudrle, Robert T. "Ending the Tax Haven Scandals." Global Economy Journal 9, no. 3 (September 24, 2009): 1850175. http://dx.doi.org/10.2202/1524-5861.1520.
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States around the world appear more determined than ever to end tax haven abuse. The new U.S. administration, for example, is taking action against both major tax haven problems: corporation income tax avoidance and personal income tax evasion. Some progress may be made. This essay argues, however, that only radically new policy will likely suffice either to shore up corporate tax revenues or to sharply diminish evasion. Global formula apportionment is needed if the corporate income tax is to be preserved, and only a combination of automatic information sharing among governments and source withholding can stamp out evasion. As in most areas of international economic policy, U.S. leadership is essential.
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Mach, Joanna. "Automatic Exchange of Information on the Issued Tax Interpretations in the Context of a Taxpayer’s Rights." Studia Iuridica Lublinensia 27, no. 2 (September 17, 2018): 117. http://dx.doi.org/10.17951/sil.2018.27.2.117.
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Hakelberg, Lukas. "The power politics of international tax co-operation: Luxembourg, Austria and the automatic exchange of information." Journal of European Public Policy 22, no. 3 (July 17, 2014): 409–28. http://dx.doi.org/10.1080/13501763.2014.941380.
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Sholihah, Jamilatus, and Dyah Ochtorina Susanti. "MEANING OF BANK SECRETS AFTER THE ENACMENT OF LAW NUMBER 9 OF 2017 ON STIPULATION OF GOVERNMENT REGULATION IN LIEU OF LAW NO. 1 OF 2017 ON ACCESS TO FINANCIAL INFORMATION FOR THE INTERESTS TAXATION INTO LAW." NOTARIIL: Jurnal Kenotariatan 3, no. 1 (July 6, 2018): 38. http://dx.doi.org/10.22225/jn.3.1.639.38-46.
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The national economic development in Indonesia is inseparable from the banking role. The existence of the stipulation of Government Regulation in Lieu of Law (PERPU) Number 1 of 2017 on Access to Financial Information for Tax Purposes will certainly affect the regulation of the banking sector in particular related to bank secrets. The establishment of the Perpu appears to have attracted the attention of the government to immediately pass it into law. It is proven which on 23 August 2017 President Joko Widodo has authorized the Perpu to become a law through Law Number 9 of 2017 on Stipulation of Government Regulation in Lieu of Law (PERPPU) Number 1 of 2017 on Access to Financial Information for Tax Purposes into the Law -What. The policy is a form of Indonesia's commitment to participate in the automatic exchange of information globally for tax purposes. The automatic opening of bank secrets for tax purposes will certainly affect the previous banking arrangements, especially those related to bank secrets. Therefore, in order to avoid overlapping arrangements, the state of Indonesia needs to harmonize all regulations relating to bank secrets and the opening of bank secrets for tax purposes.
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Pratiwi, Dian, and Dwi Martani. "REALITAS PENATAUSAHAAN PIUTANG PAJAK PEMERINTAH." Indonesian Treasury Review: Jurnal Perbendaharaan, Keuangan Negara dan Kebijakan Publik 6, no. 2 (June 30, 2021): 139–58. http://dx.doi.org/10.33105/itrev.v6i2.355.
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The Audit Board of the Republic of Indonesia (BPK) had findings on tax receivables in the last seven years, indicate that the DGT has not managed tax receivables properly. This study aims to analyze problems in the administration of tax receivables at DGT, benchmarking with other countries, and provide suggestions to solve these problems. This study uses a qualitative method with case studies at the DGT and some other tax authorities as multiple units of analysis. Data collection are carried out through interviews and documentation. The results show several problems in the administration of tax receivables at DGT that lead to the system, Taxpayer Account application, regulation, human resource, and exchange of information. Some suggested solutions to solve these problems are integrating existing systems in DGT, developing Taxpayer Accounts, improving the quality of human resources and conducting regular supervision, revised PER-08/PJ./2009 and affirming rules for DGT's recurring business processes, and building a data exchange system between the DGT and the Tax Court as well as the DGT and Directorate General of the Treasury
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Jilkine, V. A. "Introduce CRS Standards for the Automatic Exchange of Tax Information into International Practice and Improve the Legal Regime on Controlled Foreign Companies." Russian Journal of Legal Studies 5, no. 4 (December 15, 2018): 70–75. http://dx.doi.org/10.17816/rjls18446.
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Countering crime in taxation area is one of the crucial tasks since this type of offence encroaches upon the economic principles and the power of the state, promotes development of corruption ties and therefore is deemed to be among the most dangerous perils to the national financial security. The Tax Policy Centre of the Organization for Economic Co-operation and Development has launched a system, within the framework of the Automatic Exchange Portal, for disclosure of schemes aimed at circumventing the single standard (CRS) for automatic exchange of information on taxpayers’ accounts. The law on the place of residence (location) is applicable in terms of international private law pertaining to OECD information exchange rules. The legislation on controlled foreign companies proved to be the legislators’ response, in most of the developed countries, to minimization of taxation in offshore zones, having the purpose to prevent tax evasion through offshore companies established in jurisdictions with minimal taxation. On 27.12.2017, within the framework of the course for counteracting offshore structures and obtaining unreasonable tax benefits, certain amendments were introduced in Federal Law No. 376-ФЗ, with specification of conditions for classifying a foreign company as a controlled foreign company; setting the criteria for recognizing individuals and organizations to be controlling entities; introducing a procedure for taxation and exemption of controlled foreign company’s profit from taxation. In this regard, it is necessary to draft a number of laws aimed at development of mechanisms for return of capital to the Russian jurisdiction and regulation of legal norms intending to release business representatives from paying the 13-percent tax in the event of termination of their business abroad.
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Smith, Freya. "Asset protection in multinational enterprises – where to now?" Multinational Business Review 22, no. 4 (November 17, 2014): 351–71. http://dx.doi.org/10.1108/mbr-04-2014-0014.
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Purpose – This paper aims to shed light on the potential implications for asset protection planning in multinational enterprises (MNEs) from the Organisation for Economic Co-Operation and Development (OECD)’s work on base erosion and profit shifting (BEPS) and the global push towards increased transparency and automatic information exchange. Design/methodology/approach – An examination of the academic literature across a range of areas of the law relevant to MNEs and an analysis of the risks facing MNEs and the significance of asset protection in managing these risks. An examination of the OECD’s work on BEPS and automatic information exchange and implications for asset protection strategies utilised by MNEs with a particular focus on the critical issues of disclosure, ownership and control. Findings – The full extent to which MNEs will be affected by the OECD’s work on BEPS remains unknown. Early signs indicate a significant shift in the focus of tax rules away from the pricing of specific transactions between related entities to the total global value chain of an MNE opening the door for more widespread adoption of enterprise liability and for states to obtain a complete view of MNE tax and asset protection planning, potentially including previously impenetrable trusts and limited liability companies. Originality/value – This paper is one of the first to provide an analysis of the importance of asset protection to MNEs and the potential risks arising for asset protection planning in MNEs from the OECD’s work on BEPS and automatic information exchange.
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Grona, Andrew Vadimovich. "WAYS TOWARDS ADVANCED AUTOMATIC MEASURES TO PREVENT VAT EVASION." UKRAINIAN ASSEMBLY OF DOCTORS OF SCIENCES IN PUBLIC ADMINISTRATION 1, no. 11 (January 24, 2018): 102–18. http://dx.doi.org/10.31618/vadnd.v1i11.18.
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This paper intends to bring a view on possible measures, which the Cabinet of Ministers and Finance Department of Ukraine are authorized to implement. These measures concern introducing new criteria for evaluating the level of risks, sufficient for stopping a registration of tax invoices/adjustment calculations, depending on a kind of the stated goods’ issue. Both the criteria and implementation of those are based on the information, received from an au- tomated VAT payers’ inventory accounting system, necessary for creationas a component of VAT electronic administration system. The paper brings a view on measures, intended to automate a processof reviewing tax payers’ written expla- nations by the SFS committee, established in accord to FDU’s order # 566 on 13.06.2017. In addition, some automatic measures to prevent realizing the “twist- ing” operations have been proposed in the paper. It was noted that the procedure for stopping the registration of risky tax invoices was introduced as a means of automatically preventing such a widespread VAT avoidance scheme as a “twist” for all goods, and not just for fuel. In this article, under the risky tax billing/ adjustment calculations, it is proposed to understand such tax invoices/adjust- ments calculations that satisfy the approved criteria of the Ministry of Finance to assess the degree of risk sufficient to stop their registration. It is noted that the principle of indiscretion has already been established in Ukraine. It is estab- lished prematurely, since it is not yet backed up by effective automatic measures to prevent VAT deviations. The real implementation of this principle is one of the key points in improving the investment climate and implementing economic re- forms in Ukraine. It will sharply increase the level of freedom of doing business in Ukraine, will open the way for an automatic VAT refund procedure and deprive enterprises of unreasonable checks that are carried out in connection with the detection of tax breaches by their counterparties (and, more often, counteragents of their counterparties).
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Grona, Andrew Vadimovich. "WAYS TOWARDS ADVANCED AUTOMATIC MEASURES TO PREVENT VAT EVASION." UKRAINIAN ASSEMBLY OF DOCTORS OF SCIENCES IN PUBLIC ADMINISTRATION 1, no. 12 (February 14, 2018): 102–18. http://dx.doi.org/10.31618/vadnd.v1i12.53.
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This paper intends to bring a view on possible measures, which the Cabinet of Ministers and Finance Department of Ukraine are authorized to implement. These measures concern introducing new criteria for evaluating the level of risks, sufficient for stopping a registration of tax invoices/adjustment calculations, depending on a kind of the stated goods’ issue. Both the criteria and implementation of those are based on the information, received from an automated VAT payers’ inventory accounting system, necessary for creationas a component of VAT electronic administration system. The paper brings a view on measures, intended to automate a processof reviewing tax payers’ written explanations by the SFS committee, established in accord to FDU’s order # 566 on 13.06.2017. In addition, some automatic measures to prevent realizing the “twisting” operations have been proposed in the paper. It was noted that the procedure for stopping the registration of risky tax invoices was introduced as a means of automatically preventing such a widespread VAT avoidance scheme as a “twist” for all goods, and not just for fuel. In this article, under the risky tax billing/ adjustment calculations, it is proposed to understand such tax invoices/adjustments calculations that satisfy the approved criteria of the Ministry of Finance to assess the degree of risk sufficient to stop their registration. It is noted that the principle of indiscretion has already been established in Ukraine. It is established prematurely, since it is not yet backed up by effective automatic measures to prevent VAT deviations. The real implementation of this principle is one of the key points in improving the investment climate and implementing economic reforms in Ukraine. It will sharply increase the level of freedom of doing business in Ukraine, will open the way for an automatic VAT refund procedure and deprive enterprises of unreasonable checks that are carried out in connection with the detection of tax breaches by their counterparties (and, more often, counteragents of their counterparties).
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KRYSHTOPA, Iryna, and Larysa NIKOLENKO. "Country-by-country reporting: international experience of implementation." Fìnansi Ukraïni 2021, no. 6 (August 4, 2021): 29–39. http://dx.doi.org/10.33763/finukr2021.06.029.
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Considering the tasks set for Ukraine in frames of combating tax evasion of multinational enterprises, it is extremely important to bring the provisions of national legislation in line with international rules of tax administration. This primarily concerns the creation of institutional conditions in order to increase the financial flows transparency of multinational enterprises for tax administrations and enable them to obtain necessary information for identifying and assessing transfer pricing risks.Nowadays, more than 100 countries prepare a country-by-country report of an international group of companies, which discloses data on activities of certain enterprises in accordance with the requirements of national legislation and the unified standard of country-by-country reporting, approved by the OECD [1]. However, the analysis of domestic practice of reporting by countries of international group of companies, as well as the study of other regulations, which application allows metropolitan countries to ensure the transparent level of taxation of their multinational corporations, indicates the need for further improvement of domestic mechanisms for counteracting tax base erosion and exchange of information obtained in the framework of international exchange. This fact actualizes a chosen research topic. It is revealed that information disclosed in country-by-country reports gives the possibility for tax administrations to assess high risks of transfer pricing. In turn, the development of the mechanism for ensuring confidentiality and appropriate use of such reports will oblige taxpayers to careful adhere to transfer pricing rules and mandatory tax information exchange. The investigation of international experience in frames of implementation of uniform standards for the disclosure of information on income distribution and tax payments suggests the importance of country-by-country reporting. And identification of main trends in the field of international initiatives on issues of disclosure of income distribution information by groups of enterprises brings Ukraine closer to the consistent implementation of this approach in practice of international groups of companies.
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Batara Randa, Indira Despuanitara, and Imam Haryanto. "PERLINDUNGAN HUKUM ATAS DATA WAJIB PAJAK DALAM SISTEM AUTOMATIC EXCHANGE OF INFORMATION (AEoI) STUDI PERBANDINGAN INDONESIA UNI EROPA." Legal Standing : Jurnal Ilmu Hukum 5, no. 1 (January 29, 2021): 25. http://dx.doi.org/10.24269/ls.v5i1.3563.
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The system of exchanging information on taxpayer data between countries called as AEoI is follow up action on tax amesty which provides many benefits for the country but has risks for taxpayers data. Law 9/2017 concerning the AEoI merely governs technical issues and does not regulate regarding taxpayer data protection even if taxpayer data protection is guaranteed in article 28G paragraph (1) of the 1945 Constitution. Personal data in Indonesia is currently not regulated in a specific law. The need for personal data protection arrangements is an urgent matter because personal data stores human dignity, especially in the AEoI system that has data permissions. This paper compares the personal data protection arrangements in the European Union and the regulatory principles applied in Indonesia because it is important for Indonesia to meet European Union standards regarding personal data protection.
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Brodzka, Alicja. "Better governance through more transparency on advance cross-border tax rulings." Journal of Governance and Regulation 6, no. 1 (2017): 7–11. http://dx.doi.org/10.22495/jgr_v6_i1_p1.
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In recent years, the challenge posed by tax fraud and tax evasion has increased considerably and has become a major concern within the European Union. As a consequence, in the European initiatives a special emphasis has been laid on the actions aimed at reinforcing the anti-abuse provisions in bilateral tax treaties, national legislation and EU corporate legislation. Any artificial arrangement carried out for tax avoidance purposes would be ignored and companies would be taxed instead on the basis of actual economic substance. The aim of the article is presenting the European initiative aimed at implementing the automatic mode of the exchange of information on cross-border tax rulings and advance pricing arrangements. The paper investigates if the implemented measure can help Member States to detect certain abusive tax practices taken by companies, and to take the effective actions in response. It also tries to answer the question whether the initiative can result in more transparency and – as a consequence – in much better governance, both at the states’ and the corporations’ level.
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Lia Muliawaty. "THE IMPACT ANALYSIS OF COORDINATION AGAINST THE EFFECTIVENESS OF SERVICE ONE-STOP CORPORATE ADMINISTRATION SYSTEM AREA AT PANDEGLANG, BANTEN PROVINCE." Journal Sampurasun : Interdisciplinary Studies for Cultural Heritage 3, no. 2 (December 29, 2017): 113. http://dx.doi.org/10.23969/sampurasun.v3i2.432.
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The main problem in this research is the effectiveness of the service of motor vehicle registration number at the offices of Single Administrative System Single Roof Pandeglang Banten Province low, allegedly caused by the coordination between each unit or part has not run optimally. The method used in this research is descriptive analysis by using path analysis (path analysis) that is by seeing how big influence and independent variable to dependent variable, either influence directly or indirect influence. With this design will be measured directly or indirectly the coordination influence expressed in 7 (seven) dimensions, namely the existence of agreement and unity of understanding, the existence of agreement on the activities, the existence of obedience, the exchange of information, the presence of coordinators who can lead, the existence of information from Various parties, and the mutual respect for the effectiveness of service at the Office of Pandeglang Area Manunggal One Roof Administration System of Banten Province.The results of the research can be found that the effectiveness of Motor Vehicle Tax Service is influenced by the coordination at the office of Pandeglang Area Manunggal One Roof Administration System of Banten Province, with the percentage is 98.0%. This means that the coordination is very dominant and decisive towards the increase of tax service on the Pandeglang Area Manunggal One Roof Administration System of Banten Province. However there are also other factors that are not examined (epsilon) but determine against the tax service on Pandeglang Area Manunggal One Roof Administration System of Banten Province of 2.0%.
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Natania, Euodia Shienny, and Arthik Davianti. "An Accounting Perspective of Tax Amnesty in Indonesia." Journal of Accounting Auditing and Business 1, no. 1 (January 3, 2018): 1. http://dx.doi.org/10.24198/jaab.v1i1.15645.
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In 2016, the Indonesian government has issued a new tax program, which is tax amnesty. The application of tax amnesty was driven by of the global economic downturn, due to the decreasing trading activity, followed by the increasing prices of the export-import activity. In addition, the tax ratio in Indonesia is considered to be too low compared to other neighboring countries. However, as anticipated, the implementation of tax amnesty requires global information disclosures, particularly repatriation fund from overseas investments. For example, in addition to banks in Indonesia, Singapore is one of a place to invest. According to The Jakarta Post (2016), more than a half of Singapore’s economy is supported by Indonesian business people with an estimation of US$200 billion in private banking assets and 40 percent of the island’s total private banking assets. Such investments are to be disclosed in tax amnesty program. This particular disclosure as in Automatic Exchange of Information (AEoI) will start in 2018 and also the revision of banking regulation to disclose data for taxation. AEoI is already agreed in Group of Twenty’s (G-20) meeting last February in China (Merah Putih Bisnis, 2016). After arrived in this situation, taxpayers cannot conceal their asset anymore from the tax authority. The disclosures will include financial proxy war such as assets protection scheme and international planning that will inflict country financial loss (Aliandu, 2016). The Indonesian government also considered tax amnesty as a way out to solve its economic problems. Therefore, the underlying perception for that consideration is that tax amnesty is expected to gain more funds from tax based on disclosing the repatriation fund from overseas investments.
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Ryl’skaya, M. A., A. Yu Kozhankov, and O. G. Bobrova. "CUSTOMS PAYMENTS: TRENDS IN THE DEVELOPMENT OF CUSTOMS ADMINISTRATION IN RUSSIA IN THE FRAMEWORK OF THE EURASIAN CUSTOMS UNION (EACU)." Finance: Theory and Practice 22, no. 4 (October 3, 2018): 88–103. http://dx.doi.org/10.26794/2587-5671-2018-22-4-88-103.
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The authors put forward and consistently proved the hypothesis that changes in the structure of international trade (the development of electronic commerce, the active implementation of electronic cross-border payments), its legal regulation (the WTO Agreement on Trade Facilitation and the Framework Agreement on Paperless Cross-Border Trade, the entry into force of the Customs Code of the Eurasian Customs union) determine the need for changes in the paradigm of control and supervision activities in the sphere of charging, paying and collecting customs payments. We concluded that the tools introduced by the Federal Customs Service and the Federal Tax Service (electronic tracking of goods, electronic information exchange between tax and customs authorities, integrated information resource on international trade operators) are effective. The authors also present the results of the analysis of the economic effect of changes in the legal regulation of the accrual, payment, collection of customs payments, expressed in the growth of additional accrued and additional collected payments. Based on the analysis of the system of customs and tariff regulation, of the dynamics of the rates of the unified Customs Tariff of the EEu, and of the law enforcement practices, the authors formulated areas of risk that include the lack of uniform application of customs legislation and the strong influence of WTO law. The research carried out by the authors made it possible to forecast directions for improving the legal regulation and administration of the charging, paying and collecting customs payments. It includes: improving the unified mechanism of customs and tax administration, as well as foreign currency control based on the creation and application of integrated information technologies; implementation of international standards developed under the World Customs Organization; the existence of prerequisites for the possibility of payment of import customs duties and taxes after the release of goods for conscientious operators; redistribution of functions of customs and tax authorities (leaving control over the payment of import customs duty in the competence of customs authorities, with the possible transfer of control over the payment of indirect taxes (VAT and excise) payable in respect of imported goods).
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Santoso, Belinda Carissa. "AKIBAT ADANYA KETERBUKAAN INFORMASI PAJAK PASCA DIKELUARKANNYA PERPPU NOMOR 1 TAHUN 2017 TENTANG AKSES INFORMASI KEUANGAN UNTUK KEPENTINGAN PERPAJAKAN." Mimbar Keadilan 13, no. 1 (January 24, 2020): 12–21. http://dx.doi.org/10.30996/mk.v13i1.2640.
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The tax avoidance activity that is most often carried out by individual taxpayers is to flee their savings to other countries. The practice of escaping funds out of the country is not a new matter in the world of international taxation, so many countries are trying to find the way to prevent this. Automatic Exchange of Information is a plan from GZO countries and was initiated by the Organization for Economic Cooperation and Development regarding a system which supports the exchange of taxpayer accounts information between countries. With this system, taxpayers who have opened account in other country will be able to be tracked directly by the tax authorities of their home country. Indonesia as one of the countries that have agreed on AEoI, issues a Government Regulation in Lieu of Law Number 1 Year 2017 regarding Access to Financial Information for Tax Purposes. Government Regulation in Lieu of Law Number 1 Year 2017 gives authority to the Directorate General of Taxes to obtain access to the financial information for tax purposes from financial service institutions that carry out activities in the banking sector, capital market, insurance, other financial service institutions, and/or other entities categorized as financial institutions in the field of taxation. Basically the purpose of this authorization is for DGT (Directorate General of Taxes) to strengthen taxation database to meet the needs of tax revenues so that the state budget can be fulfilled well every year, and to eradicate world tax criminals. With this PERPPU (Government Regulation in Lieu of Law Number 1 Year 2017), it doesn't rule out the possibility of leakage of domestic customers‘ financial information that can cause various kinds of risk such as buying and selling customers’ data, the desire to save by domestic taxpayers is deacreasing due to the fear and discomfort as if the taxpayers' financial condition is stripped naked in their own country, so their trust in financial service institutions is reduced and people prefer to save their money in cash or invest it in the form of land or building. Kegiatan penghindaran diri dari membayar pajak yang paling sering dilakukan oleh wajib pajak individu adalah dengan melarikan uang tabungannya ke negara lain. Praktik melarikan dana keluar negeri bukanlah hal baru di dunia perpajakan internasional sehingga banyak negara yang berusaha mencari cara untuk mencegah hal tersebut. Automatic Exchange Of Information adalah sebuah rencana dari negara G20 yang diinisiasi oleh Organisation for Economic Cooperation and Development mengenai sistem yang mendukung pertukaran informasi keuangan wajib pajak antar negara. Dengan sistem ini, wajib pajak yang memiliki rekening di negara lain bisa dilacak secara langsung oleh otoritas pajak negara asalnya. Indonesia sebagai salah satu negara yang menyepakati AEoI, mengeluarkan Peraturan Pemerintah Pengganti Undang-Undang Nomor 1 Tahun 2017 tentang Akses Informasi Keuangan Untuk Kepentingan Perpajakan. PERPPU 1 Tahun 2017 ini memberikan kewenangan kepada Direktorat Jenderal Pajak untuk memperoleh akses informasi keuangan untuk kepentingan perpajakan dari lembaga jasa keuangan yang melaksanakan kegiatan di sektor perbankan, perasuransian, pasar modal, lembaga jasa keuangan lainnya, dan/atau entitas lain yang termasuk sebagai lembaga keuangan di bidang perpajakan. Pada dasarnya maksud dari pemberian wewenang ini agar DJP dapat menguatkan basis data perpajakan untuk memenuhi kebutuhan penerimaan pajak sehingga anggaran negara dapat terpenuhi dengan baik setiap tahunnya, serta untuk memberantas penjahat-penjahat pajak dunia. Dengan adanya PERPPU ini tidak menutup kemungkinan terjadinya kebocoran data informasi keuangan nasabah dalam negeri yang dapat menimbulkan berbagai macam resiko seperti terjadinya jual beli data nasabah, keinginan menabung wajib pajak dalam negeri semakin berkurang karena munculnya rasa takut dan tidak nyaman seolah-olah kondisi keuangan wajib pajak ditelanjangi di negara sendiri, sehingga kepercayaan terhadap lembaga jasa keuangan menjadi berkurang dan masyarakat lebih memilih menyimpan dananya dalam bentuk tunai atau investasi berupa tanah atau bangunan.
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Levashenko, A. D., and A. A. Koval’. "FOREIGN CURRENCY CONTROL IN CASE OF FREE MOVEMENT OF CAPITAL." Finance: Theory and Practice 22, no. 4 (October 3, 2018): 76–87. http://dx.doi.org/10.26794/2587-5671-2018-22-4-76-87.
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The current practice of foreign currency control in Russia is based on the mechanisms that were formed during the period of the Soviet administrative and command economy. The approaches applied in Russia to foreign currency regulation and foreign currency control (repatriation requirements, closed list of operations for crediting funds to foreign accounts) create barriers for the Russian business and citizens, significantly complicating the procedure for their foreign economic activity. At the same time, the existing restrictions, in conditions when the requirements for the sale of a part of foreign currency earnings and other restrictions on the movement of capital are not applied, do not ensure the achievement of macroeconomic goals, which are laid down in the preamble of the act “On foreign currency regulation and foreign currency control”. The foreign currency act in Russia does not currently ensure the achievement of the goals for which it was adopted. In practice, the act solves the tax objectives and the tasks of combating the legalization of criminal revenue. Developed countries and members of the Organization for economic cooperation and development (OECD) do not use similar mechanisms to control the movement of funds. At the same time, foreign countries are actively developing instruments to control cross-border cash flows within the framework of legislation on combating money laundering and financing of terrorism, as well as in the framework of improving the mechanisms of international exchange of financial information for tax purposes. The authors propose a reform of the current foreign currency regulation aimed at the abolition of currency restrictions and the development of alternative mechanisms for controlling the cross-border movement of funds by improving the international exchange of tax information, including automatic one, as well as improving the effectiveness of measures to combat money laundering in international trade.
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Kireenko, Anna P., and Svetlana K. Sodnomova. "THE VALUE ADDED TAX TRANSFORMATION AND MODERN PRACTICES OF IMPROVING ITS COLLECTION." Tyumen State University Herald. Social, Economic, and Law Research 6, no. 3 (2020): 273–94. http://dx.doi.org/10.21684/2411-7897-2020-6-3-273-294.
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This article deals with the history and current practice of handling the value added tax (VAT). The authors have analyzed the main advantages and disadvantages of VAT: the prevailing negative impact on the cash flows of VAT payers; the complexity of the tax, which increases the costs of its collection from the state and from taxpayers; the low ratio of actual VAT income to potential; the inability to prevent certain types of tax fraud. The authors explain their thesis that the prospects for the VAT development are connected, firstly, with overcoming the inherent tax deficiencies, and secondly, with the transformation of tax under the influence of the external environment. This article studies the directions of tax transformation and the objective prerequisites for applying a single standard tax rate to a wide tax base. The data on the structural transformation of the economy in developed countries and Russia and its impact on VAT are analyzed. Particular attention is paid to the alternative tax collection practices: reverse payment mechanism, split-payment mechanisms, and single window method. The experience of using tax lotteries as a method of increasing the collection of value added tax is analyzed in detail. The considered mechanisms for collecting VAT effectively reduce tax evasion arising from the overestimation of VAT deductions, but can not deal with the concealment of income. All the new methods are associated with an increase in the costs of tax administration and approval, require an increase in reporting for taxpayers, introduce new responsibilities for the exchange of data with tax authorities, including the transfer of accounting data and invoice information (including in real time). The reverse payment mechanism and the split payment method, change the nature of VAT collection, canceling fractional payments, which are usually considered as the main advantage of VAT.
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Subagiyo, Agus, Diana Prihadini, Mainita Hidayati, Dwikora Hardjo, and Pebriana Arimbhi. "The Direction of Tax Policy in 2021 in the Context Increase Tax Revenue in the 19th COVID Recovery." Ilomata International Journal of Tax and Accounting 1, no. 4 (October 30, 2020): 264–66. http://dx.doi.org/10.52728/ijtc.v1i4.151.
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The COVID-19 pandemic has changed economic and social developments and arrangements throughout the world. This pandemic requires the Government together with elements of the community to make efforts to prevent the spread of the virus and economic recovery. In the context of maintaining sustainable development in the midst of dynamic fundamental challenges, the National Budget as an instrument of fiscal policy is designed to be more productive, effective, and efficient in order to accelerate economic growth for welfare and improve the government's balance sheet. Global economic activity has been disrupted due to lockdown policies in a number of Indonesia's major trading partners, which has reduced supply of important components for industries from abroad. The increasing exchange rate of the US dollar makes the price of imported materials more expensive. On the consumption side, many companies experience cash flow difficulties, thereby reducing their ability to pay taxes resulting in significant tax revenues such as Corporate Income Tax. Significant reduction in international trade activities also resulted in lower tax revenues from imports and import duties. Tax revenues also experienced pressure from falling world oil prices, minerals, and CPO which are important components in calculating oil and gas PPh and export duties. Tax revenue performance is expected to weaken in 2020 with a tax ratio potentially below 9 percent. The government has made the first policy of relaxing the taxation by reducing the burden of business activities and helping to improve the condition of the company's cash flow, especially during and after the COVID-19 epidemic. The company can use a reduction in corporate income tax rates, exemption from import PPh and certain sector import duties, as well as various other tax facilities to cover increases in input material prices and decreased sales so that it continues to operate normally. Both Governments have made efforts to expand the taxation base and improve tax administration. Third The addition of new tax objects, one of which the Government levies taxes on Trade through Electronic Systems (PMSE) and other object sources of excise products such as plastics, sweetened drinks, and fuel oil (BBM). Fourth, from the aspect of tax subject by extending the taxpayers (WP), which are sector-based and regional, increase WP voluntary compliance through effective education and service improvement, including the High Net Worth Individual (HNWI) group. The Fifth Government seeks to improve tax governance and administration starting from business processes, information technology, databases (core tax), organizations, and HR. From government policies in the effort to accelerate economic recovery, there are still various obstacles, especially in terms of regulations or policies prepared as well as technology as a means of infrastructure in supporting these regulations. The regulation or policy must touch on all aspects, namely aspects of tax law, aspects of tax justice, and aspects of the Double Tax Avoidance Agreement (P3B) for cross-border transactions.
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Garkushenko, Оksana, and Olha Kuvaldina. "Problems and the future of corporate income tax and VAT in the conditions of digitalization." Economy of Industry 3, no. 95 (September 15, 2021): 52–69. http://dx.doi.org/10.15407/econindustry2021.03.052.
Full textAbstract:
Globalization and digitalization lead to significant changes in society and economy, including the field of taxation. Moreover, the efforts of governments of many countries are aimed at implementing measures to combat profit shifting and ensure that budget revenues from corporate income tax and VAT are received in the proper amount. The article analyses main problems of corporate income tax and VAT, possible ways to solve them in near and distant perspectives. With regard to respective taxes, the main aspects of combating tax base erosion and tax evasion with the use of new digital methods, and the state of BEPS steps implementation in this part are analysed. Given that the corporate income tax in modern conditions has a number of disadvantages, it is likely that in the future it will be replaced by an alternative – a tax on withdrawn capital or a tax on cash flows at destination. VAT, in turn, is a neutral tax that is easy to algorithmize and administer. Therefore, it can also displace corporate income tax from the tax systems of countries. At the same time, there are a number of problems with VAT: cases of fraud, non-taxation or double taxation of transactions in international trade. It has been found that in the short run (up to 5 years) it is important for national governments to increase efforts to implement BEPS plan and to strengthen information exchange and international cooperation to counteract base erosion and profit shifting. To simplify VAT administration and improve the interaction between taxpayers and tax authorities within the same country, as well as in international trade, it is feasible to use the e-invoicing practice more widely. In distant perspective, it is possible to use blockchain technology. Taking into account global trends, the article provides recommendations for improving VAT and corporate income tax in the context of globalization and digitalization (in particular – further implementation of BEPS measures in all countries of the world, mandatory registration as VAT payers in jurisdictions, where sells of goods and services to end users take place, strengthening international coordination and cooperation in the field of taxation), as well as general recommendations that should contribute to digitalization and economic development of Ukraine in the near and distant future.
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Çağdaş, V., A. Kara, P. van Oosterom, C. Lemmen, Ü. Işıkdağ, R. Kathmann, and E. Stubkjær. "AN INITIAL DESIGN OF ISO 19152:2012 LADM BASED VALUATION AND TAXATION DATA MODEL." ISPRS Annals of Photogrammetry, Remote Sensing and Spatial Information Sciences IV-2/W1 (October 5, 2016): 145–54. http://dx.doi.org/10.5194/isprs-annals-iv-2-w1-145-2016.
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A fiscal registry or database is supposed to record geometric, legal, physical, economic, and environmental characteristics in relation to property units, which are subject to immovable property valuation and taxation. Apart from procedural standards, there is no internationally accepted data standard that defines the semantics of fiscal databases. The ISO 19152:2012 Land Administration Domain Model (LADM), as an international land administration standard focuses on legal requirements, but considers out of scope specifications of external information systems including valuation and taxation databases. However, it provides a formalism which allows for an extension that responds to the fiscal requirements. This paper introduces an initial version of a LADM – Fiscal Extension Module for the specification of databases used in immovable property valuation and taxation. The extension module is designed to facilitate all stages of immovable property taxation, namely the identification of properties and taxpayers, assessment of properties through single or mass appraisal procedures, automatic generation of sales statistics, and the management of tax collection, dealing with arrears and appeals. It is expected that the initial version will be refined through further activities held by a possible joint working group under FIG Commission 7 (Cadastre and Land Management) and FIG Commission 9 (Valuation and the Management of Real Estate) in collaboration with other relevant international bodies.
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Umar, Bello, Martins Mustapha Abu, and Zayyanu Mohammed. "Strategies for preventing illicit financial flows in developing countries." Journal of Money Laundering Control 23, no. 3 (May 1, 2020): 601–8. http://dx.doi.org/10.1108/jmlc-02-2020-0017.
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Purpose This paper aims to critically review the strategies for prevention of illicit financial flows to and from developing countries with a view of ascertaining the most effective strategies to be selected and implemented by developing countries to stem the scourge. Design/methodology/approach The peer-reviewed journal articles were studied; those that discussed illicit financial flows were selected and reviewed critically using the systematic quantitative assessment techniques together with an output table. Findings The critical review deduced that enacting effective trade laws, trade regulations, creating a beneficial ownership registry, multinational companies disclosing information on business, automatic exchange of information on tax issues, the Financial Action Task Force 40 guidelines on anti-money laundering and countering financing of terrorism and domestic and international cooperation are the most reliable strategies that should be implemented by developing countries. Research limitations/implications The wide geographic scope of developing countries, use of only high-quality databases that restricted the use of other articles and use of public sector perspective are the limitations for this paper. Originality/value This study is amongst the limited works to discuss the most reliable and effective strategies to prevent illicit financial flows in developing countries.
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Bachurin, Dmitry G. "Conventional Legal Regulation of Value-Added Taxation by the Member States of the Gulf Cooperation Counci." Vestnik Tomskogo gosudarstvennogo universiteta, no. 464 (2021): 232–38. http://dx.doi.org/10.17223/15617793/464/26.
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The article discusses the legal aspects of supranational legal regulation of value added taxation in the Persian Gulf countries. The novelty of the research lies in the comparative aspect of the legal study of supranational law on the value-added tax in the Gulf countries, which allows formulating fundamentally new characteristics and interpretations that extend the theoretical and legal views on the legal mechanism of VAT, and analyzing the key provisions of the legal regulation of VAT of the states that are parties to the Common VAT Agreement. The issues of the Agreement for the countries of the Gulf Cooperation Council, as well as acts of national legislation on this tax, were studied. The analysis of the provisions of the Agreement allows concluding that the tax instrument this Agreement regulates can be classified as a type of neutral legal regulation of value-added taxation. Its peculiarity is that the country for one reason or another introduces VAT into the national tax system with minimal tax rates and continues to keep it at a low level that does not have a restraining effect on the development of its own industry. This is the reference point for the Common VAT Agreement for the countries of the Gulf Cooperation Council. The research shows that the supranational legislation of the Persian Gulf countries covers the most complex and fundamentally significant issues of legal regulation of value-added taxation, which developed taking into account the accumulated world experience in the administration of this tax. Conclusions have been obtained that the main direction of the adopted supranational legislation is the creation of a unified legal framework for the development of a coordinated legal regulation of VAT in each of the six Arab states of the Persian Gulf. The definitions of concepts that are crucial for VAT regulation are given, among which the following can be distinguished: reverse VAT accrual, input tax, deductible tax, net tax, mandatory registration threshold, voluntary registration threshold, and tax group. In the final part of the work, it is concluded that the second regional system of legal regulation of value-added taxation after the European one is being created, which begins its development on the basis of supranational legislation. Within its framework, the states that are parties to the Agreement shall organize administrative cooperation in the following areas: (1) exchange of information necessary for determining tax accuracy; (2) coordination of synchronized audit procedures and participation in audits; (3) assistance in tax collection and adoption of necessary procedures related to VAT collection.
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Petersen, P. E., R. J. Baez, and M. A. Lennon. "Community-oriented Administration of Fluoride for the Prevention of Dental Caries." Advances in Dental Research 24, no. 1 (January 18, 2012): 5–10. http://dx.doi.org/10.1177/0022034511429349.
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Dental caries is the most prevalent chronic disease affecting human populations around the world. It is recognized that fluoride plays a significant role in dental caries reduction. Meanwhile, several low- and middle-income countries of Asia have not yet implemented systematic fluoride programs; contributing factors relate to misconceptions about the mechanisms of fluoride, low priority given to oral health in national health policy and strategic plans, and lack of interest among public health administrators. A workshop on the effective use of fluoride in Asia took place in Phang-Nga, Thailand, in 2011. A series of country presentations addressed some of the topics mentioned above; in addition, speakers from countries of the region provided examples of successful fluoride interventions and discussed program limitations, barriers encountered, and solutions, as well as possibilities for expanding coverage. Participants acknowledged that automatic fluoridation through water, salt, and milk is the most effective and equitable strategy for the prevention of dental caries. Concerns were expressed that government-subsidized community fluoride prevention programs may face privatization. In addition, the use of affordable fluoride-containing toothpastes should be encouraged. The workshop identified: strengths and weaknesses of ongoing community-based fluoride programs, as well as the interest of countries in a particular method; the requirement for World Health Organization (WHO) technical assistance on various aspects, including fluoridation process, feasibility studies, and implementation of effective epidemiological surveillance of the program; exchange of information; and the need for inter-country collaboration. It was acknowledged that program process and evaluation at the local and country levels need further dissemination. The meeting was co-sponsored by the World Health Organization, the International Association for Dental Research, and the World Dental Federation.
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Bucur, Amelia, Gabriela Dobrotă, and Oana Dumitraşcu. "Implications of Fiscal Pressure on the Sustainability of the Equilibrium and Performance of Companies. Evidences in the Rubber and Plastic Industry from Romania." Sustainability 11, no. 7 (April 8, 2019): 2082. http://dx.doi.org/10.3390/su11072082.
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The relationship between the degree of taxation, the activity of firms and the performance measured by the ability to achieve positive results and to ensure a financial equilibrium has been an important issue in the debate in a great deal of research, but in most of them, the analyses were reported according to a set of factors (inclusive the fiscal degree). This paper comprises an empirical investigation to identify the effects of the degree of taxation on financial stability and the balance of enterprises. An analysis of the degree of taxation and of the economic growth rate in Romania was made in the first part, and, after that, empirical analyzes were conducted on how the volume of taxes, the capital structure and other indicators influences the level of value added as well as the volume of fiscal pressure and the duration of payment of tax liabilities. Using data on the level of macroeconomic taxation, as well as information on financial equilibrium indicators at the level of some representative companies in the field of rubber and plastic processing listed on the stock exchange, a model of the existing relationships between a series of indicators related to financial equilibrium and economic growth rate, fiscal pressure and profitability was produced, using statistical analyses based upon multiple regressions and simulations in SPSS software. The main conclusions show that taxes and fees influence the financial positions of firms by changes in the volume and structure of the capital used, the level of profit/loss, as well as financial equilibrium, at the level of solvency and liquidity. Also, the results extend the understanding of the importance the tax administration in creating added value, ensuring financial equilibrium and good performance in the context of the sustainable development of companies.