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Journal articles on the topic 'Taxable entities'
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1
Štieberová, Ivana. "The Limit of Tax Audit and Its Impact on the Status of Taxable Entities." Public Governance, Administration and Finances Law Review 2, no. 1 (June 30, 2017): 43–55. http://dx.doi.org/10.53116/pgaflr.2017.1.5.
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Tax audit is a significant control mechanism nowadays, particularly in the context of increasing tax evasion and tax fraud. Taxable entities are obliged to tolerate the performing of tax audit for a certain statutory period. But what if the tax audit exceeds this statutory time limit? What impact does it have on the status of the taxable entity? Regarding the length of the tax audit, we will deal with the impact of the interest on value added tax refund on the status of the taxable entity. Will this interest contribute to its improvement?
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Kmeťová, Oľga, Magdaléna Freňáková, and Miloš Pachta. "Fiscal interest of the state and respecting the rights and legitimate interests of the taxable entities in case of refund of excess remission of value added tax." Investment Management and Financial Innovations 14, no. 2 (July 17, 2017): 207–17. http://dx.doi.org/10.21511/imfi.14(2-1).2017.06.
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The authors of this article, based on the principle of legitimacy, state that tax authorities in tax proceedings protect not only the fiscal interests of the state as a priority, but at the same time they are obliged to maintain the rights and legitimate interests of the taxable entities, analyze the current legislation of the tax audit in aspect of permissible statutory length of its duration and its impact on the process of refund of excess remission of VAT to the taxable entities.
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Rahmat, Abdul, and Johansyah Zaini. "Analisis Penerapan Perencanaan Pajak (Tax Planning) dalam Upaya Penghematan Beban Pajak Penghasilan Badan pada PT DCM Tahun 2017." Jurnal Pajak Vokasi (JUPASI) 1, no. 2 (March 31, 2020): 112–18. http://dx.doi.org/10.31334/jupasi.v1i2.818.
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This study aimed to analyze the implementation of the zakat policy as a reduction of taxable income of individual taxpayers at the LAZISMU office in Central Jakarta in 2018, and also to analyze the inhibiting entities faced, as well as the driving entities for LAZSIMU office in implementing the zakat policy as a reduction of taxable income of individual taxpayers. This research used a descriptive qualitative approach. The results showed that the implementation of the zakat policy as a reduction of taxable income of individual taxpayers at the LAZISMU office in Central Jakarta in 2018 according to the six factors used by the writer, policy size and objectives, resources, communication between organizations, character of implementing agents, disposition (tendencies/attitudes) of implementers, social, economic and political environments have been fulfilled. However, there are still some obstacles faced by LAZISMU in implementing the zakat policy as a reduction of taxable income, such as size and policy objectives, social and political environmental conditions, and support and participation of taxpayers in supporting this policy. Therefore the government must evaluate and overcome the obstacles in the implementation of the zakat policy as a reduction of taxable income.
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Nuruddin, Muhammad Ali, Muslich Anshori, and Imron Mawardi. "Zakat on Business Entities and its Tax Treatment." Media Trend 18, no. 1 (May 31, 2023): 41–53. http://dx.doi.org/10.21107/mediatrend.v18i1.19654.
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The focus of this paper is on zakat on business entities and its tax treatment, whether the zakat clause as a deduction from taxable income regulated in Law Number 23 of 2011 concerning zakat management and Law Number 36 of 2008 concerning the Fourth Amendment to Law Number 7 of 1983 concerning Income Tax affects taxable income and income tax that must be paid by the company. The research approach is a case study where the sampling business entities are companies engaged in property services whose income tax calculation is final and companies in the trading sector whose tax calculation uses the tariff of article 17 of the Income Tax Law. The results of the study provide legal certainty for business entities that pay zakat and become input for government policy in the management of zakat and taxation. If zakat payment is recognized as a deduction, it can encourage more active zakat payment and increase the contribution of zakat to state revenue. However, if zakat payment is not recognized, business entities may face higher tax burden which has implications on their financial planning. This research contributes to the understanding of zakat and taxation in Indonesia and has implications for the legal framework and tax regulations.
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Erickson, Merle M., and Shiing-wu Wang. "Tax Benefits as a Source of Merger Premiums In Acquisitions of Private Corporations." Accounting Review 82, no. 2 (March 1, 2007): 359–87. http://dx.doi.org/10.2308/accr.2007.82.2.359.
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Scholes et al. (2005) predict that S corporations, and other conduit entities such as partnerships and LLCs, can sell for a tax-driven purchase price premium relative to C corporations. We test this conjecture by comparing purchase price multiples in a sample of taxable stock acquisitions of S corporations to purchase price multiples for a matched set of taxable stock acquisitions of privately held C corporations. Consistent with Scholes et al.'s (2005) predictions, we find evidence that the organizational form of the target influences acquisition tax structure and acquisition price. Specifically, the evidence supports the conclusion that conduit entities (S corporations) fetch a taxbased purchase price premium relative to similar C corporations. Furthermore, our estimates indicate that average tax benefits in S corporation acquisitions are equal to approximately 12–17 percent of deal value.
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Băbălau, Anişoara. "Tax Rules of Buildings from Craiova in 2019." Applied Mechanics and Materials 896 (February 2020): 371–75. http://dx.doi.org/10.4028/www.scientific.net/amm.896.371.
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Taxes have a mandatory character, they are paid in money form by taxable subjects (natural, legal persons and entities without legal personality) for the realized income, the provision of services and the goods they own. Taxes can be collected using several methods: stop at source (the tax is transferred to the state budget by a third person); the method of applying and canceling mobile tax stamps; offsetting the amounts paid in addition; the method of claiming compensation for legal facilities; contesting the revenues illegally collected. According to the Decision no.533 / 2018 adopted by the Local Council of Craiova, for residential buildings and annex buildings owned by natural persons, the tax rate on buildings is 0.08% on the taxable value of the building. For non-residential buildings owned by natural persons, the tax rate is 0.4% applied to the taxable value of the building. In the case of buildings owned by legal entities, the tax rate on buildings for residential ones is 0.2%, and for non-residential ones 1.3% on the taxable value of the building. Also, tax exemptions were granted for the following categories of buildings: buildings which, according to the law, are considered historical, architectural or archaeological monuments, except for the rooms that are used for economic activities; buildings used for the provision of social services by non-governmental organizations and social enterprises as providers of social services; buildings used by non-profit organizations, used exclusively for non-profit activities, etc.
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Howard Miller, Dr Alfred. "Tax Strategies Employed by Overseas American Individuals and SMEs." Journal of Social Sciences Research, no. 53 (March 10, 2019): 690–99. http://dx.doi.org/10.32861/jssr.53.690.699.
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A study of the tax behavior of overseas Americans, both individuals and small firms is proposed. The researcher aims to discover and model behavior, through text analysis of data collected from a wide range of sources using interviews, surveys, blog and forum postings, published reports as well as personal communications, to demonstrate and inform using the pattern matching method initially proposed by Trochim (1989). Text mining and modeling techniques, using unsupervised machine learning facilitate large-scale analysis, and have been widely deployed in a range of language-based studies, driven by human-machine interaction. Major multinational corporations are excluded, and the study focuses on individuals and the smaller-scale juristic persons such as small and medium enterprises (SME). Behavioral approaches to taxation will motivate a better understanding of the phenomenon tax avoidance and tax evasion, once quantitative modeled. Overseas Americans are taxable, no matter where they reside globally, on the basis of having American citizenship. Non-citizens with a USA connection may also be subject to US taxes. The range of US taxable entities operating overseas include corporations, individuals, estates and trusts, and many of the small businesses filing as flow-through entities under the individual code, namely S-corporations, sole proprietorships, and partnerships, will be included in the study. There are an estimated 9 million taxable overseas Americans corporations and business entities. The Congressional Research Service (Gravelle, 2015), reported that as many as 100 billion U.S. dollars may go uncollected, due to tax evasion and a similar tax shortfall figure of 100 billion dollars is due to tax avoidance. Avoidance tends to be attributed to U.S. origin, multinational corporations and evasion by the smaller entities. The tax collection is exacerbated by changes to the 2018 tax code, which encourages compliance through tax cuts to a fixed 21% rate for the corporate sector, and reduced taxes for individual , opening up new avenues for aggressive tax avoidance strategies. A gap in the literature is the uncertainty regarding changing of the U.S. tax code in 2018 and how it will affect overseas American tax entities.
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Nelson, Walt, and Kent Ragan. "Deriving Unlevered Value – The REIT Approach." Journal of Finance Issues 15, no. 1 (June 30, 2016): 59–63. http://dx.doi.org/10.58886/jfi.v15i1.2486.
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This article demonstrates the application of the Modigliani and Miller valuation model to privately-held non-taxable real estate entities, such as real estate investment trusts (REITs). The International Financial Reporting Standards Foundation has recently published IFRS 13, which requires periodic valuation of privately held and publically held assets.
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Ṭḯrlea, Mariana Rodica. "Theoretical and Practical Study on the Establishment of the Taxable Value of Buildings Belonging to Legal Entities." International conference KNOWLEDGE-BASED ORGANIZATION 26, no. 2 (June 1, 2020): 109–20. http://dx.doi.org/10.2478/kbo-2020-0062.
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AbstractGEV 500 represents the International Standard regulating the establishment of the taxable value of buildings belonging to legal entities. In order to establish the taxable value of buildings, legal entities must appeal either to authorized persons specialized in real estate valuation (EPI) or to a corporate member, in which case the assessment report for taxation purposes can be made by one or more evaluators with EPI specialization.Our study aims at theoretical substantiation and practical evaluation for the purpose of taxing of an office apartment through the market approach, using quantitative methods. To this end, the value of the asset was determined in an appropriate manner in full consonance for the purpose of valuation by applying the market comparison method, using the comparison criteria that are specified in the case of building assets in the price per square meter and the income method, which takes the shape of an assumed or hypothetical rent that is determined on the basis of the cost that would be borne by the landlord to rent an equivalent space. The available data, information and delimitations have allowed, on the one hand, selection of the appropriate methods and, on the other hand, formulation of the opinion on the value.
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Ihnatišinová, Denisa. "IMPACT OF THE LEVEL OF DIGITAL PUBLIC SERVICES ON THE FULFILLMENT OF TAX OBLIGATIONS." Balkans Journal of Emerging Trends in Social Sciences 4, no. 2 (December 30, 2021): 100–109. http://dx.doi.org/10.31410/balkans.jetss.2021.4.2.100-109.
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The purpose of the paper is to find out how digitalization makes it possible to simplify the fulfilment of tax obligations of taxable persons - entrepreneurs. Digital development of tax administration means the level of digital services to tax entities. Taxpayers are perceived by the tax administration as clients who need to be simplified as much as possible. Introducing or increasing the provision of online services, pre-filled forms or electronization of invoices are current trends that reduce the time devoted to taxes. By monitoring the relationship between the development of the level of digital public services and the evolution of the number of hours needed to meet the tax obligations of the entrepreneur, it was found that the gradual introduction of digital projects reduces the administrative burden on taxable persons.
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Băbălau, Anişoara, and Adriana Ionescu. "Rules of Taxing Property Buildings." Applied Mechanics and Materials 880 (March 2018): 377–82. http://dx.doi.org/10.4028/www.scientific.net/amm.880.377.
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An Integral Part of the Economic and Financial Mechanism, Taxation Means, on the One Hand, the Collection of Resources to the State Budget, but Also a Legal Relationship between a Debtor and a Creditor, Including their Correlation Rights and Obligations. the Determinants of Budgetary Revenues Refer to the Subjects of Taxation, the Object of Taxation, the Unit of Taxation, the Tax Rate, the Rights and Obligations of the Debtors, their Liability, as well as the Payment Terms. Building Tax is an Annual Tax due to the Local Budget of the Administrative-Territorial Units in which the Building is Located by its Owners. Therefore, Subjects of Taxation are those who Own a Building Located on the Territory of Romania, with Certain Exceptions Regulated by the Fiscal Code. for Residential Buildings and Annex Buildings owned by Individuals, the Building Tax is Calculated by Applying a Rate between 0.08% and 0.2% on the Taxable Value of the Building. for Non-Residential Buildings owned by Individuals, the Tax is Calculated by Applying a Rate between 0.2% and 1.3% on the Taxable Amount of the Building. for Mixed-Purpose Buildings Owned by Individuals, the Tax is Calculated by Adding Together the Tax Calculated for the Area Used for Residential Purposes with the Tax Determined for the Area Used for Non-Residential Purposes. for Residential Buildings Owned or Held by Legal Entities, the Tax or the Building Tax is Calculated by Applying a Rate between 0.08% and 0.2% on the Taxable Value of the Buildings; and for Non-Residential Buildings the Tax or Tax on Buildings is Calculated by Applying a Rate between 0.2% and 1.3% Inclusive of the Taxable Value of the Building.
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Borse, Mr Gaurav, and Mrs Megha M. Bhogawar. "Review Paper- “FINANCIAL ASPECT’S RELATED TO GST & TAX PROCEDURE IN SANTOSH BAKSHETTI’S CONSULTING FIRM”." INTERANTIONAL JOURNAL OF SCIENTIFIC RESEARCH IN ENGINEERING AND MANAGEMENT 08, no. 01 (January 8, 2024): 1–13. http://dx.doi.org/10.55041/ijsrem27950.
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While direct taxes are levied on taxable income earned by individuals and corporate entities, the burden to deposit taxes is on the assesses themselves. On the other hand, indirect taxes are levied on the sale and provision of goods and services respectively and the burden to collect and deposit taxes is on the sellers instead of the assesses directly. The GST Act came into existence, leading to the realization of “One country, one tax”. It is a centralized tax- paying network which simplifies payment of tax by the citizens as well as revenue collection by the government. It widens the tax base. Introduction of GST aims to alleviate, though not all, many of the problems leading to efficiency in operations for individuals leading to economic growth of the country. A direct tax is a tax that a person or organization pays directly to the entity that imposed it. An individual taxpayer, for example, pays direct taxes to the government for various purposes, including income tax, real property tax, personal property tax, or taxes on assets. An Income Tax Return (ITR) is a document you file with the Internal Revenue Service or the state tax board reporting your income, profits and losses of your business and other deductions as well as details about your tax refund or tax liability. Taxable income is the portion of a person's or company's gross income that the government deems subject to taxes. The computation of taxable income is done adding all the incomes that an individual can get (Income from salary, house property, capital gains, business/profession and other sources) and subtracting the deductions from it will give us the net taxable income. Keywords – TAXATION, GST, DIRECT TAXES, INDIRECT TAX, TAX COMPLIANCE, CAPITAL GAINS
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Tsyganov, Alexander, Andrey Yazykov, Dmitry Koshkin, and Dmitry Tulenty. "Reduction in the importance of indirect methods of assessing the taxable base in the conditions of digitalization of the economy." E3S Web of Conferences 376 (2023): 05055. http://dx.doi.org/10.1051/e3sconf/202337605055.
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Starting from January 1, 2021, the uniform tax on imputed income (UTII) has been cancelled. According to the Federal Tax Service, 96.2% of the subjects who paid UTII have already chosen an alternative tax regime. At the same time, in society, scientific and professional communities, and among business representatives, there are different points of view on this problem, opinions are expressed about the need to preserve indirect methods for assessing the taxable base, and UTII in particular. The state initially had a plan to abandon UTII and consistently implemented the abandonment of indirect methods of assessing the taxable base, implemented under imputed taxation (UTII), and the transition to fair taxation (STS, CTS) based on real income. The introduction of special tax regimes based on fair taxation has contributed to the growth of tax collections and an increase in the number of business entities that have chosen these regimes. Based on the results of the paper, conclusions are presented that can be used in analyzing the prospects for the development of tax systems.
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Orbach, Kenneth N., and Claire Y. Nash. "Guidance for Treasury in Drafting Regulations Interpreting Section 469(g)." ATA Journal of Legal Tax Research 12, no. 2 (May 1, 2014): 54–73. http://dx.doi.org/10.2308/jltr-50815.
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ABSTRACT Section 469 provides generally that losses from passive activities may offset income from passive activities, but cannot be deducted against nonpassive income. Any excess of passive losses over passive income in a taxable year is suspended and carried forward as a passive loss to subsequent years. Under Section 469(g), a taxpayer's suspended passive losses from an activity are freed up when the taxpayer sells his entire interest in the activity to an unrelated person in a fully taxable transaction. However, if the sale is to a related party, then the suspended losses remain suspended (but remain with the taxpayer) until the activity thereafter is sold in a fully taxable transaction to a party unrelated to the taxpayer. In our analysis, we consider legal, conceptual, and practical concerns affecting transactions governed by Section 469(g) and show that Section 469(g) should be interpreted under a hybrid theory for passthrough entities, rather than under a pure aggregate theory or pure entity theory. Through examples, we provide guidance to Treasury in drafting long-overdue regulations interpreting Section 469(g) for Chapter 1 (income tax) and Chapter 2A (Section 1411) purposes. In addition, we recommend that Congress amend Section 469(g)(1)(B) to require that in order to free up a taxpayer's suspended losses, the acquirer in a subsequent sale of the passive activity interest must be unrelated to the seller in that transaction, rather than to the taxpayer.
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ROGACHEV, Aleksandr S. "Taxation of small business entities in the context of National Development Goals implementation." Finance and Credit 29, no. 10 (October 30, 2023): 2346–75. http://dx.doi.org/10.24891/fc.29.10.2346.
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Subject. This article discusses the issues related to taxation in Russia, its special regimes and tax potential. Objectives. The article aims to analyze special tax regimes, formulate a definition of this concept, and develop a methodology for assessing the tax potential. Methods. For the study, I used the general scientific methods. A synergistic dualism method created on the basis of existing methods of tax potential assessing, was also applied. Results. The article highlights the main features, advantages and disadvantages of the special tax regime, describes approaches to taxation of small business, and reveals the concept of the tax potential of the territory. The article presents a model of Russia's tax potential and formulas for calculating the volume of tax revenues at the expense of natural, material and financial resources. The results of the analysis of the tax potential of small business in Russia from 2006 to 2021 are presented as well. Conclusions. The proposed measures to increase the taxable capacity of the area will be useful for federal projects.
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Antolis, Michael Lianwar, Ida Ayu Putu Widiati, and I. Putu Gede Seputra. "Pengenaan Pajak Penghasilan Terhadap Pelaku Usaha Jasa Promosi Melalui Media Sosial." Jurnal Interpretasi Hukum 2, no. 3 (November 24, 2021): 468–72. http://dx.doi.org/10.22225/juinhum.2.3.4121.468-472.
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Income tax is a tax imposed on individuals/business entities on income earned in the tax year. Promotional service business actors are tax subjects who earn income that exceeds the non-taxable income and the income is obtained from activities promoting goods or services through social media, such as Instagram, YouTube, WhatsApp or other types of social media. The purposes of this study are to examine the regulation of income tax in promotional services business activities through social media as well as the mechanism for collecting income taxes against business actors in promotional services through social media. This study uses normative legal research methods, with legal materials consisting of primary legal materials and secondary legal materials. The collection of legal materials in this study was carried out by the recording method. The legal material analysis method used is argumentative technique. The result of the study shows that the regulation of income tax in promotional service business activities through social media, in this case YouTubers or Celebrities, is subject to income tax for those whose income exceeds Non-Taxable Income (PTKP) based on the Regulation of the Director General of Taxes Number PER-17/PJ/2015.
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Nayanov, A. V., L. N. Alaikina, S. A. Novoselova, and O. K. Kotar. "PLANNING AND EVALUATION OF TAX BURDEN OF AGRICULTURAL PRODUCERS ON «PROFITABLE» TAXES AND CHARGES." Scientific Review Theory and Practice 11, no. 7 (2021): 2257–67. http://dx.doi.org/10.35679/2226-0226-2021-11-7-2257-2267.
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The agrarian sector of the Russian economy is systematically exposed to state intervention in terms of establishing a special tax regime and providing benefits for certain types of taxes. Along with this, the current tax mechanisms that stimulate investment, innovation and entrepreneurial activities of economic entities of the agro-industrial complex have not been sufficiently worked out, which periodically entails the emergence of a number of problems in the conduct of agribusiness. The article deals with the problematic issues of assessing and planning the tax burden of agricultural producers on the «profitable» taxes at the regional level, the revenues of which largely depends on the filling of budgets of all levels. In this regard, for the executive and legislative authorities of subsidized regions, the issues of objectivity in assessing the tax burden on «profitable» taxes and the possibility of increasing tax revenues from them to the budget are of particular interest. The aim of the study is to analyze the tax burden of agricultural enterprises in terms of «profitable» taxes and to develop proposals for improving the methodology for its assessment, taking into account the close relationship between production efficiency and tax policy. The authors analyzed the flows of tax payments, as well as the list of obligations of agricultural producers of the Saratov region to pay «profitable» taxes, depending on the selected tax regime. The problematic issues of the mechanism of formation of the taxable base and the possibility of eliminating the impact of the human factor on the reduction of the taxable base for «profit- able» taxes are considered. The author’s method of determining the normative taxable base of agricultural organizations for «profitable» taxes, taking into account the profitability of production and differentiation by natural and economic microzones of the Saratov region, is proposed. Using the available information base, the calculation of the regulatory taxable base of agricultural enterprises for profit tax and unified agricultural tax in the context of microzones of the Saratov region was carried out.
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Tarasevich, Tetyana, and Vitaliy Lazarenko. "Criminal liability for bringing bankruptcy of certain business entities." Law Review of Kyiv University of Law, no. 2 (August 10, 2020): 378–82. http://dx.doi.org/10.36695/2219-5521.2.2020.72.
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The article distinguishes between financial insolvency and bankruptcy, which is recognized by the economic court as the debtor’sinability to satisfy monetary claims of creditors differently than through the application of the liquidation procedure. The legislation ofUkraine on criminal liability for bankruptcy provides for a fine of two thousand to three thousand non-taxable minimum incomes ofcitizens with the deprivation of the right to occupy certain positions or engage in certain activities for up to three years.Bringing an enterprise to bankruptcy, in particular state or state-owned, is very common in Ukraine and outwardly manifests itselfmainly as covert forms of privatization. Such actions against state-owned enterprises result not only in dubious privatization agreements,but also in the destruction of integral property complexes of strategically important objects for the state, a sharp rise in unemployment,and so on.The activity of agricultural enterprises plays an extremely important role in the development of the market economy of Ukraine,as it is caused by attracting a significant amount of investment in the economy of our country and improving the economic situation inUkraine. The share of agriculture in Ukraine’s GDP in 2019 was 8.9%, or almost 360 billion hryvnias.At the same time, for the bankruptcy of an agricultural or state-owned enterprise, the guilty person may be punished by a finewith restriction of the right to hold certain positions or engage in certain activities. The imposition of a penalty in the form of a finewith restriction of certain rights for the commission of this crime is not sufficient to achieve the purposes of punishment and entails aninjustice in the application of criminal law, which cannot be considered acceptable. Conclusions have been drawn on the need tostrengthen criminal liability for bankruptcy of an agricultural, state-owned enterprise and enterprise, in the authorized capital of whichthe share of state ownership exceeds 50 percent.
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Zaharco, Silvia. "ASSESSMENT OF THE TAX BURDEN IMPACT ON THE ENTITY'S FINANCIAL RESULTS: MICRO AND MACROECONOMIC ASPECTS." Journal of Social Sciences 6, no. 3 (October 2023): 68–76. http://dx.doi.org/10.52326/jss.utm.2023.6(3).05.
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Taxes are costs for entities that significantly affect the financial results of the economic-financial activity. The level of fiscal burden imposed on taxpayers depends both on the external fiscal environment in which the entity operates and on the characteristics of its financial and economic activities, including its cost structure, sales revenue, income and other indicators. Therefore, to ensure efficient activity, it is necessary to carry out a comprehensive analysis of the impact of fiscal burden on the entity's financial results. The purpose of this research is to assess the level of fiscal burden and determine the degree of influence on some indicators that characterize the economic-financial activity of the entity. The study is based on the methods of assessing the fiscal burden applied in international practice at both the micro and macroeconomic levels. The study reveals that in order to determine the fiscal burden, especially at the microeconomic level, there is a need to combine several indicators, in accordance with the conceptual approach to the analysis of the tax system. Therefore, increasing the entity's financial results does not only involve reducing taxes, but creating an efficient system for managing and optimizing the entire taxable system.
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Guia, Leandro Dias, and José Alves Dantas. "Value relevance of deferred tax assets in the Brazilian banking industry." Revista Contabilidade & Finanças 31, no. 82 (April 2020): 33–49. http://dx.doi.org/10.1590/1808-057x201808060.
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ABSTRACT This study aimed to investigate the informational relevance to the capital market of the significant level of deferred tax assets (DTAs) in the Brazilian banking industry, identifying whether such assets influence the market value of publicly-held banks. The value relevance of DTAs in the banking industry is an incipient topic in the national literature, with conflicting results in the international research. Brazil presents characteristics, most notably regarding the dimension of the asymmetries between accounting and taxable profit, which justify concern about the effects of DTAs on the market value of banks. The literature highlights issues involving DTAs related to their ability to generate economic benefits and control of the entity, especially in the banking industry, due to not fulfilling the role of financial intermediation, which would make them devoid of economic substance. This would signal potential bank risks and weaknesses, such as a reduction in the quality of equity and profits, in addition to distortions in the economic-financial indicators, which would justify a negative perception on the part of investors. As the study’s main contribution to the literature, we can highlight the identification that in the Brazilian market, the asymmetries between banks’ taxable and corporate earnings, the origin of deferred tax assets, weigh negatively on the market value of these institutions. We empirically tested the hypothesis in the Brazilian capital market, using data from 2000 to 2017 on publicly-held banks, by estimating two models - Market-to-Book and Ohlson (1995). The results of this study show that in the Brazilian capital market there is a negative relationship between the volume of the banks’ DTAs and the market value of these entities, corroborating the hypothesis that investors identify the relevance of these assets in the equity structure as a sign of the quality of the equity and the profit of these entities being undermined.
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Douthett, Edward B., Jonathan E. Duchac, and Arthur Petzel. "The Constitutionality of Uncompensated §179D(d)(4) Allocations by State, Local, and Municipal Government Building Owners." ATA Journal of Legal Tax Research 16, no. 1 (July 1, 2018): 1–16. http://dx.doi.org/10.2308/jltr-52126.
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ABSTRACT Internal Revenue Code §179D provides accelerated tax deductions to building owners that invest in energy efficient building improvements. However, the value of this incentive for government building owners is limited as these entities are tax exempt. §179D(d)(4) allows state and local governments to realize a portion of these benefits by transferring their §179D deductions to a qualified, taxable, private sector entity in exchange for compensation. This compensation can be used to reduce the governmental entity's cost of energy efficient investments, allowing them and, ultimately, taxpayers to benefit from this incentive. In practice, disagreement exists over a governmental entity's right to compensation in exchange for §179D(d)(4) transfers. These differences have become more visible in recent years, resulting in policy changes by state and local governments, and litigation by state agencies that had not been compensated for these transfers. We contribute to this debate by reviewing and evaluating (1) the arguments against providing compensation in exchange for §179D(d)(4) transfers, (2) the state constitutionality of uncompensated §179D(d)(4) transfers, and (3) recent litigation and policy changes. Our analysis finds little support for arguments against compensated transfers, and a reasonable argument that compensated transfers may be required under most state constitutions.
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Antić, Dinka. "Electronic Taxable Person – The Last Stage of Evolution of Taxpayer’s Personality? // Elektronska oporeziva osoba – posljednja etapa evolucije personalnosti poreskog obveznika?" Годишњак факултета правних наука - АПЕИРОН 9, no. 9 (October 14, 2019): 176. http://dx.doi.org/10.7251/gfp1909176a.
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A taxpayer is a person who is required by law to pay the tax. Historically, a taxpayer has been a physical entity since the appearance of tax, before the new era, by the end of 19th century, when the appearance of corporations led to the spread of the term of taxpayer to legal entities. The development of modern concepts of taxation resulted in the acceptance of a group of personally connected individuals with the taxpayer of income tax, and later groups of legal entities with a single taxpayer of VAT and income tax. The development of digitization, telecommunications and robotics has recently stirred up a debate on a new category of taxpayers – robots and a new concept of electronic tax capacity. The essence of the idea is the standpoint of the tax neutrality, that is, the equal tax treatment of work, regardless of whether the work is performed by a man or a robot. The new work taxation concept should, on the one hand, eliminate the current tax discrimination of labor-intensive companies in relation to automated companies, and, on the other hand, replace the lost revenues from taxation of man’s work. Acceptance of the concept of electronic tax capacity and personalization of robots for tax purposes basically results in a thorough redefinition of the basic postulates of taxation theory.
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Abdul, Hassan, Umaru Mustapha Zubairu, and Bilkisu Abubakar. "Curbing Tax Evasion through Taxpayer Identification Number (TIN) in Niger State, Nigeria." SRIWIJAYA INTERNATIONAL JOURNAL OF DYNAMIC ECONOMICS AND BUSINESS 1, no. 1 (March 30, 2021): 1. http://dx.doi.org/10.29259/sijdeb.v1i1.1-16.
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This study assessed the effectiveness of the introduction of Taxpayer Identification Number (TIN) in curbing tax evasion in Niger State, Nigeria from the point of view of ten tax officers of the Niger State Internal Revenue Service. Adopting a qualitative research design, ten tax officers were interviewed to understand their collective perceptions of the level of tax evasion in Niger State before and after the introduction of TIN. Thematic analyses of the interviews revealed that all ten tax officials agreed that tax evasion was at a very high level before the introduction of TIN, but reduced dramatically after the introduction of TIN proving its efficacy. The study recommended that tax evasion in the State could be further reduced if businesses operating in the informal sector could be registered and included in the database of taxable entities.
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Semerád, Pavel, Vladimír Rogalewicz, and Miroslav Barták. "Using electronic record of sales to support fair budgetary allocations across Czech municipalities." GeoScape 17, no. 1 (June 1, 2023): 47–57. http://dx.doi.org/10.2478/geosc-2023-0004.
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Abstract The paper focuses on electronic record of sales, a tool enabling continuous monitoring and control of declared sales of business entities. Such systems have been recently gaining popularity in European countries. The objective of the paper is to analyse the possible use of electronic record of sales for a fairer redistribution of shared taxes according to the place where the taxable income was earned. We do not consider the current situation to be entirely fair, as sales may be realized in the whole territory of the country. However municipalities that help businesses achieve their income are not fairly rewarded for doing so. This usually gives larger municipalities an advantage at the expense of smaller ones. Currently, the tax administration has sufficient technical equipment to be able to identify the place where the revenue was received.
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Gujarathi, Mahendra R., and David R. Comerford. "Acquisition of Hutchison Essar (India) by Vodafone (U.K.): A Case in International Taxation of Indirect Transfer of Shares." Issues in Accounting Education 32, no. 2 (April 1, 2016): 83–93. http://dx.doi.org/10.2308/iace-51458.
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ABSTRACT Vodafone is recognized globally as a seminal case in which the taxation of indirect transfer of shares was litigated before a country's highest judicial court. Vodafone Group plc, through a web of its directly and indirectly owned subsidiaries in different tax jurisdictions, acquired a majority interest in Hutchison Essar, an Indian telecommunications company. For failing to withhold taxes, the Indian Revenue Service has assessed $5 billion in taxes and penalties on Vodafone. Whether India's position to tax indirect transfer of shares between two non-Indian entities is consistent with the practices of OECD countries such as the U.S. and whether such tax measures help economic competitiveness are hotly debated topics. The case can be used in a graduate course in international taxation, or in a capstone course to address the topics of tax research and tax policy. It helps students to (1) research tax literature in the U.S. and a foreign country and apply it to a real-world context, (2) understand a complex acquisition transaction and its tax ramifications, (3) determine whether a similar transaction would be taxable in the Organisation for Economic Co-operation and Development (OECD) countries, and (4) evaluate the pros and cons of taxing the transfer of shares between two foreign entities by tax authorities.
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Okunogbe, Oyebola, and Gabriel Tourek. "How Can Lower-Income Countries Collect More Taxes? The Role of Technology, Tax Agents, and Politics." Journal of Economic Perspectives 38, no. 1 (February 1, 2024): 81–106. http://dx.doi.org/10.1257/jep.38.1.81.
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Increasing tax revenues is a major policy goal in many low- and lower-middle-income countries. While economic growth is an important determinant of taxation, available evidence indicates that it does not automatically increase taxation. Rather, countries must make targeted investments in their tax capacity. In this paper, we examine the rapidly growing body of evidence on different interventions to improve tax capacity and increase tax revenues in lower income countries, with a focus on two key inputs: information technology and tax officials. We examine the role and limitations of digitization for identifying taxable entities, verifying tax liabilities, and ensuring collection of tax owed. We also consider how the deployment and incentives of tax officials shape their performance, and the interplay between them and technology tools. Lastly, we emphasize the importance of political incentives and consider the conditions under which governments choose to invest in tax capacity and expand tax collection.
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Daris, Fiki Taufik, Acun Ependi, Dinie Setyawati, and Meta Marcelina. "Relevansi Penunjukkan BUMN Selaku Pemungut PPN (WAPU) di Era e-faktur." Jurnal Pendidikan Akuntansi & Keuangan 8, no. 2 (July 30, 2020): 187–96. http://dx.doi.org/10.17509/jpak.v8i2.24476.
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In order to improve compliance and secure tax revenue, the Directorate General of Taxes appoints State-Owned Enterprises (SOEs) and several subsidiary entities as VAT Collectors, so that the collection and deposit obligations shift to VAT Collectors along with the consequences of sanctions. However, based on The Audit Board of Indonesia's audit report, it is known that there are VATs that have not yet been deposited and there are delays in depositing VAT which can result in potential tax fines. In 2016 DGT launched e-tax invoice application that aims to improve services and facilitate supervision of taxable entrepeneur. This paper was made using a literature review research method that examines theory, regulation, and implementation that is associated with the development of taxation applications, namely e-tax invoice. The results of the study showed that there were recommendations for considerations in evaluating the changes in regulations or evaluating the appointment of certain SOEs and Agencies as VAT collectors.
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Segal, Mark A. "The Unitary Tax Reconsidered." Journal of Applied Business Research (JABR) 10, no. 3 (September 22, 2011): 1. http://dx.doi.org/10.19030/jabr.v10i3.5917.
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<span>How to determine the amount of income of essentially integrated multi-jurisdictional business entities that should be taxable by a particular state constitutes one of the most persistent issues in the state tax area. The need to resolve this issue is critical in light of states fiscal needs and the growing interdependence of the global economy. Unitary taxation constitutes a frequently employed approach to the issue. Unitary taxation, particularly its common variant of worldwide formula apportionment, has generated considerable controversy with regard to the appropriateness of its manner of apportionment and the impact it can have upon interstate and international commerce and relations. In this paper examination and analysis are made of: the major issues pertaining to the unitary tax and worldwide formula apportionment, the evolution of the unitary tax and the case law concerning it, as well as alternative courses of action for resolving the unitary tax controversy.</span>
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Egholm Elgaard, Karina Kim. "A comparative analysis of VAT grouping schemes from a Nordic perspective—aspects of tax avoidance and fiscal competition." Nordic Tax Journal 2017, no. 1 (May 26, 2017): 1–25. http://dx.doi.org/10.1515/ntaxj-2017-0001.
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Abstract Value-added tax (VAT) grouping schemes, whereby several legally independent entities are treated as a single taxable person for VAT purposes, are well known, though their detailed rules differ from country to country. This article deals with specific tax avoidance and fiscal competition aspects of VAT grouping schemes in Denmark, Norway, and Sweden. The article gives examples of tax abuse and avoidance by using various VAT grouping models, with the main emphasis on the practice in Denmark, which may be indicative of similar problems in other countries. The article shows that there are significant differences in the rationales for national VAT grouping schemes, and these indicate that there are mismatches between the national schemes of the EU Member States and the original intention of the EU scheme. Finally, an examination of the different national rationales shows the necessity of striking a balance between combating tax avoidance and preventing distortion of competition.
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Kim, Jeong Ho, and Chae Chang Im. "The Study On The Effect And Determinants Of Small - And Medium-Sized Entities Conducting Tax Avoidance." Journal of Applied Business Research (JABR) 33, no. 2 (March 1, 2017): 375–90. http://dx.doi.org/10.19030/jabr.v33i2.9911.
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SME often lack the capacity to keep transparency in management due to a small number of information users. Thus, the adoption of K-IFRS can be burdensome to numerous SME, which led to the enactment of Accounting Standards for Small- and Medium-sized Entities (AS-SME). AS-SME allows the accountants to easily implement accounting rules when writing financial statements and the users to comprehend useful information. SME hold less tax burden since they receive a tax deduction and exemption from the Tax Act. Thus, we conjecture that the financial determinants of tax avoidance between SME and non-SME will differ. We divide the total sample according to the corporate tax avoidance and empirically examine whether the difference actually exists. Our sample consists 18,954 audited firms including those external audited from 2011 to 2013. This study implements BTD, the difference between accounting profit and taxable income and estimated corporate tax avoidance (TS), which is the part that cannot be explained by total accruals in BTD to proxy for tax avoidance. (Desai and Dharmapala 2006). We summarize our findings as below: there is a significant distinction between SME and non-SME regarding the related financial determinants. The result shows that firm size (SIZE), profitability (ROA), leverage (LEV), operating cash flow(CFO), capital intensity (PPE), R&D intensity (RNDS), and growth rate (GS) all influence the corporate tax avoidance of SME. Our result also suggests that there is variation in the determinants among the SME with high corporate tax avoidance. The attempt to investigate the financial determinants of the tax avoidance in SME can be a barometer of the effectiveness of AS-SME, which is enacted to lessen the tax burden of the SME. We intend to provide policy implication regarding SME subsidy by examining the motive for corporate tax avoidance in SME.
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Timiryanova, Venera, Kasim Yusupov, and Ruzel Salimyanov. "Relationship Between Consumption and Personal Income Within a Hierarchically Structured Spatial System." Spatial Economics 16, no. 4 (2020): 91–112. http://dx.doi.org/10.14530/se.2020.4.091-112.
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Differentiation in the level of socio-economic development of territories is largely manifested in both inter-regional and intra-regional differences in personal income and consumption of goods. In this regard the methods of hierarchical analysis (HLM, Hierarchical Linear Modeling) that make it possible to study variation at several levels taking into account both municipal and regional factors are acquiring special relevance. Along with hierarchical effects, neighborhood effects can be distinguished. This is possible due to the imposition of a spatial adjacency matrix on the data observing spatial interactions within the spatial-hierarchical models (HSAM, Hierarchical Spatial Autoregressive Modeling). The aim of the study is to better understand the relationship between consumption and personal income within a hierarchically structured and spatially oriented economic system. The analysis uses the data from 2319 municipalities (i.e. municipal districts or rayons) and urban districts (okrugs) in 84 constituent entities of the Russian Federation for 2018. It showed that 38.4% of the variation among municipalities in terms of sold foods volume is explained by regional factors. The developed hierarchical (two-level) model revealed the positive impact of the volume of social benefits and taxable personal income in the municipality, and the volume of per capita retail trade at the level of the Russian Federation constituent entities, on the volume of foods sold within municipalities, and substantiate the negative impact of the Gini index increase, as well as highlight the positive spatial effect
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Gunawan, Enggun, and Regita Adhia Pramesti. "Calculation, Deposit, Reporting and Recording of VAT Accounting With E-Invoice On PT. Cipta Medika Indonesia." Neo Journal of economy and social humanities 2, no. 3 (August 21, 2023): 177–85. http://dx.doi.org/10.56403/nejesh.v2i3.127.
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VAT is a single tax that will be imposed on all transactions, both sales and purchases of goods and services that take place in Indonesia at a single rate as of April 2022, which is 11%. VAT is charged to individual taxpayers or business entities that obtain the status of a Taxable Entrepreneur (PKP). VAT and PPnBm have the same legal basis, namely Law Number 42 of 2009, which has been replaced or revoked by Law Number 7 of 2021 concerning Harmonization of Taxes. The purpose of this study is to find out how to calculate, deposit, report and record VAT with e-Faktur at PT Cipta Medika Indonesia. The data collection technique used is by using observation and interview methods. The data taken is real based on what is in the company. The results of this study indicate that calculating, depositing, reporting and accounting records VAT through the e-Faktur applications are very helpful and facilitate the process from accounting records to reporting at PT Cipta Medika Indonesia.
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Chazova, I. Yu, and I. A. Mukhina. "ROLE OF PUBLIC AUTHORITIES IN THE DEVELOPMENT OF ENTREPRENEURIAL ACTIVITY." Bulletin of Udmurt University. Series Economics and Law 30, no. 2 (April 23, 2020): 222–29. http://dx.doi.org/10.35634/2412-9593-2020-30-2-222-229.
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Doing business requires certain rules that are formed and regulated by public authorities. The main results of the development of local self-government in the Volga Federal district from the point of view of entrepreneurial activity of public authorities are analyzed. The indicators of local self-government in the Udmurt Republic that characterize the economic activity of municipalities are considered. It is revealed that representatives of local self-government bodies are not able to solve not only financial issues, but also issues of local economy. At the same time, for the period from 2010 to 2018 the number of organizations in Udmurtia decreased by 944 units, which is due to a significant excess of annually liquidated organizations over the number of newly created ones. Negative consequences for the region's economy are manifested in a decrease in: the volume of goods and services produced by various entities; sales turnover, respectively, the amount of taxable profit, and the number of taxes collected; and employment. In Udmurtia in 2018, the number of employed people was 700.5 thousand people, that is, based on 1 economic entity, about 20 people. Forms of support for small and medium-sized businesses are analyzed, federal programs and projects that are aimed at helping small and medium-sized businesses in Udmurtia are considered. Measures are proposed to identify the key points for the development of municipal policy in relation to economic entities, which will allow developing infrastructure, entrepreneurship, and the social sphere, and making better and more effective use of the territory's resources.
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Chand, Vikram, Céline Martin, and Natassia Burkhalter. "Country Note: Arm’s Length Principle from a Swiss Perspective: Profit Allocation to Inbound and Outbound Permanent Establishments." Intertax 50, Issue 1 (January 1, 2022): 66–81. http://dx.doi.org/10.54648/taxi2022006.
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Switzerland continues to be one of the most preferred locations for many businesses when setting up a headquarters or permanent establishment (PE) structures. Thus, obtaining tax certainty and predictability is crucial for such structures. Swiss tax law does not provide for detailed rules for international profit allocation and particularly the arm’s length principle (ALP) for the determination of an enterprise’s profit. Therefore, the Swiss tax authorities and courts largely rely on general national tax law principles for their assessment of the allocation and calculation of the taxable profit of a company or a PE in Switzerland. They have developed a sophisticated system of profit correction in order to determine the relevant taxation basis, in particular when prices between related entities or within PE relationships are deemed to not be set at arm’s length. This practice is continuously evolving, and the Authorized OECD Approach (AOA) is increasingly integrated in the assessment of each individual case. Against this backdrop, the present contribution discusses the application of the ALP from a Swiss tax treaty and Swiss national law perspective as applicable to transactions among separate entities as well as to head office and PE relations. With respect to the latter, the reader will find an overview of the profit allocation rules applicable in domestic and international cases. Moreover, for illustration, two case studies are developed and analysed for cross-border relations with fixed place PEs (inbound and outbound cases) and an example is provided for the interaction between international and domestic profit allocation. Switzerland, profit allocation, AOA, permanent establishment, arm’s length principle, transfer pricing, international, intercantonal, developments, cases.
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Nayanov, A. V., L. N. Alaikina, S. A. Novoselova, and I. V. Sharikova. "THE ASSESSMENT OF TAX POTENTIAL OF THE AGRARIAN SECTOR OF THE SARATOV REGION ECONOMY." Vektor nauki Tol'yattinskogo gosudarstvennogo universiteta. Seriya Ekonomika i upravlenie, no. 3 (2021): 50–60. http://dx.doi.org/10.18323/2221-5689-2021-3-50-60.
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The authors considered the problematic issues of assessment and the directions of improvement of the tax potential application efficiency at the regional and municipal levels as the fill rate of their budgets mainly depends on tax revenues. In this regard, the issues of objectivity of the assessment of tax potential and the possibility of its increase are of great interest for municipal administrations and bodies of the legislative power of beneficiary regions. The authors evaluated the aggregate taxable entities at macro-and micro-levels. The study identified the possibility of using tax potential when assessing the level of impact of taxation on the formation of the conditions for enterprise growth. The authors discovered the interrelation between tax potential at the macro-level and the priority directions choice for the region’s development, analyzed the structure of taxpayers, and determined their role in the formation of the Saratov Region revenue. The paper substantiates the significance of each type of tax, levies, and charge in the formation of the consolidated budget of the region. The authors focus on the types of taxation regimes of agricultural organizations, the size of their tax burden. The paper includes the analysis of tax payment flows, as well as presents the list of obligations of agricultural producers to pay taxes depending on the selected taxation regime. The authors analyzed the influence of tax returns from agroindustrial complex activity on the formation of the Saratov Region revenue, evaluated the taxation of agriculture by the types of taxes, and calculated the tax potential of agricultural producers. The study identified the problems and specified several meaningful measures, which allow identifying the reserves aimed at increasing the level of tax potential of the region and municipal entities.
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Uustalu, Erki. "The Compatibility of the Estonian Tax Treatment of Real Estate Income with EU Law." Intertax 39, Issue 8/9 (August 1, 2011): 449–58. http://dx.doi.org/10.54648/taxi2011049.
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The European Court of Justice (ECJ) has made a number of important judgments regarding the tax treatment of dividends on outbound situations, whether received by non-resident legal entities or foreign funds. The article analyses a similar issue - the tax treatment of real estate income received by non-residents. Based on an infringement procedure by the Commission of European Communities against Estonia on the discriminatory treatment of real estate income received by foreign investment funds (No. 2008/4851) and a pending dispute before the Tallinn Administrative Court on taxation of gains from liquidation of an Estonian real estate company at the hands of Austrian parent company (No. 3-10-25), the article questions whether indirect discrimination may be caused by applying different tax rates to the residents and non-residents, including an option granted to the resident companies to choose their tax rate; whether the unequal treatment may be a result of different computation of the taxable base (gross or net comparison) or due to the specific characteristics of the Estonian corporate tax system, the cash flow disadvantage might be such cause. The author concludes with some suggestions on changes to be made to bring Estonian legislation in line with European Union (EU) law.
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Klyushnichenko, Victor, Nikolai Kaverin, and Nikita Lebedev. "INVENTORY ERRORS AND PROBLEMS TO FIX THEM." Interexpo GEO-Siberia 3, no. 2 (2019): 99–106. http://dx.doi.org/10.33764/2618-981x-2019-3-2-99-106.
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Characteristic of the main reasons for emergence of the register mistakes causing suspension of carrying out the state cadastral registration of real estate is given. It constrains processes of fixing of the rights for objects of natural and legal entities and also formation of taxable base. Sources of emergence of register mistakes and possible ways of their elimination or weakening of influence are described. This type of mistakes is made mainly by cadastral engineers in the course of cadastral activity. If the materials containing such mistakes are entered in the Unified state register of the real estate, then as the defendant both the cadastral engineer, and body of registration of the rights can act as the third party. In the course of elimination of register mistakes the court appoints the cadastral engineer who on the catalog of coordinates submitted by court fixes the problem taking place between the adjacent land plots. The practice of elimination of this sort mistakes in foreign countries which is that the cadastral engineer and also his close relatives in case of his death, bear responsibility within thirty years is shown. Recommendations about decrease in the causes of register mistakes are provided in the boundary and technical plans prepared by cadastral engineers.
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ANTOW, Angelica, Hendrik GAMALIEL, and Anneke WANGKAR. "Analysis of Value Added Tax Accounting Treatment at PT Daya Anugrah Mandiri Airmadidi Branch." Journal of Governance, Taxation and Auditing 1, no. 3 (January 31, 2023): 323–28. http://dx.doi.org/10.38142/jogta.v1i3.574.
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Value Added Tax (VAT) is a levy imposed on every sale and purchase transaction of goods and services carried out by individual taxpayers or business entities that have received the status of a Taxable Entrepreneur (PKP). The last amendment to the VAT Law is in Law Number 7 of 2021 concerning the Harmonization of Tax Regulations (UU HPP). PT Daya Anugrah Mandiri or better known as Daya Motor is a subsidiary of the Daya Group engaged in the retail sector of Honda motorcycles. Every purchase and sale of motorbikes carried out by PT Daya Anugrah Mandiri Airmadidi Branch is inseparable from the imposition of Value Added Tax (PPN). The purpose of this study is to find out how the VAT accounting treatment is at PT Daya Anugrah Mandiri Airmadidi Branch. This study used descriptive qualitative method. Researchers will explain the data obtained through interviews, observation, documentation, so as to get answers to problems in detail and clearly. The results of this study indicate that 4 aspects of the VAT accounting treatment at PT Daya Anugrah Mandiri Airmadidi Branch are in accordance with existing tax provisions and regulations, namely recognition, calculation, presentation, and reporting. But the recording is not appropriate because there is a recording error which results in data differences.
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Hryhorashchenko, O. V. "Tax evasion: initiation of pre-trial investigation, primary actions, main directions of the pre-trial investigation body’s work." Bulletin of Kharkiv National University of Internal Affairs 101, no. 2 (P. 1) (July 2, 2023): 185–93. http://dx.doi.org/10.32631/v.2023.2.17.
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The article focuses on the problems of legal regulation and peculiarities of pre-trial investigation of tax evasion cases. It analyses scientific works whose authors have studied the peculiarities of theoretical and practical aspects of tax relations, in particular in the area of tax law violations related to tax evasion. The author's own definition of tax features has been formulated. It has been established that the main ways of tax evasion are: illegal activities – “shadow economy”; concealment of taxable objects; tax accounting in violation of current legislation; creation of fictitious companies; difficulties in interpreting tax legislation, which leads to unintentional mistakes on the part of taxpayers.
The elements of a criminal offence under Article 212 of the Criminal Code of Ukraine have been detailed. It has been emphasised that for an objective, qualitative, comprehensive, full study of the case file, the investigator may invite persons with special knowledge in the field of tax relations, including specialists of the State Audit Service of Ukraine and the Main Department of the State Tax Service.
On the basis of the above legislative and doctrinal statements, the following features of a tax have been proposed: mandatory payment; made by individuals and legal entities; received by the budget of the appropriate level; statutory terms and amount of tax; legal liability for violation of tax legislation.
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Nuzhdin, Roman Viktorovich, Irina Nikolaevna Maslova, Ekaterina Vyacheslavovna Gorkovenko, and Maksim Nikolaevich Derevenskikh. "Accounting Tax Policy on Value Added Tax of Processing Organizations of the Agro-Industrial Complex." Налоги и налогообложение, no. 6 (June 2022): 50–75. http://dx.doi.org/10.7256/2454-065x.2022.6.38161.
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The subject of the study is the essential aspects and signs of the relations of interested users that develop in the process of developing the policy of tax accounting of agro-industrial processing organizations to assess the possibilities of optimizing value added tax (VAT). The purpose of the study is the theoretical justification and methodological support of the accounting tax policy from the point of view of the optimization processes of taxation of the object of research - the added value of processing organizations. The solution of the following tasks contributes to the achievement of this goal: to reveal the essence and content of the varieties of value added; to describe the features of VAT tax accounting in processing organizations of the agro-industrial complex; to substantiate the directions for improving the accounting tax policy of the object of research; to develop optimization measures for the policy of tax accounting. The methodological basis of the research is the methods that reveal the logic of the presentation: ideological – dialectical, deductive, inductive; general scientific - systemic; private scientific – statistical, analysis, comparison. The scientific novelty of the research consists in the development of methodological provisions of a recommendatory nature aimed at developing the policy of tax accounting of the object of research. The following provisions have the status of scientific increment: 1) the concept of "accounting tax optimization" is clarified, which is considered in contrast to traditional approaches, based on the trinity of essential characteristics of optimization processes; 2) methodological tools for improving the accounting tax policy on VAT in processing organizations of the agro-industrial complex are proposed, which differ from existing techniques and methods by eliminating contradictions between the accounting tax policy adopted by the organization and the methods of conducting tax accounting based on the implementation of regulatory legal opportunities: 1 - the content of the register of tax accounting and distribution of input VAT between taxable and non-taxable results of processing production is justified; 2 - the list of provisions of the accounting tax policy on VAT is characterized. The application of these recommendations in the course of forming a policy of value-added tax accounting and its optimization in processing organizations of the agro-industrial complex will contribute to increasing the tax solvency of these business entities.
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Turnbull, Shann. "A new way to govern for eternity based on systems science." Journal of Behavioural Economics and Social Systems 4, no. 1 (May 29, 2022): 81–106. http://dx.doi.org/10.54337/ojs.bess.v4i1.7297.
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This article is motivated by the CEO of the largest investor in the world wanting in 2018 “A new model for corporate governance” and that “companies must benefit all their stakeholders”. Firms that benefit all their stakeholders become what Ostrom described in her 2009 Nobel Prize speech as a “Common Pool Resource”. Ostrom identified how “polycentric governance” allowed competing interests, without markets or State, to self-govern life-sustaining resources without denying them for everyone. Key contributions of the article are to identify how: (a) To apply system science to extend and enhance the Ostrom self-governing design insights to corporate entities, (b) Polycentric governance releases and exploits the ability of individuals to possess contrary behaviour to self-regulation, improve risk management, adaption and innovation while enriching democracy denied in societies governed by hierarchies and markets, and (c) A self-funding tax incentive for shareholders to adopt polycentric governance that endows stakeholders with equity to privatise welfare with a universal taxable wellbeing income that funds the tax incentive. This promotes population reduction, less economic inequality and local ownership and control to counter environmental degradations and build sustainable circular bioregional economies for eternity. Polycentric governance is illustrated in sporting and civic organisations with business examples proving its competitiveness and resiliency. The size and costs of governments are reduced to further enrich democracy. Shareholder/stakeholder primacy is maintained for citizens electing politicians who introduce eternal universal benefits for humanity.
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Nijkeuter, Erwin, and Maarten F. de Wilde. "FII 2 and the Applicable Freedoms of Movement in Third Country Situations." EC Tax Review 22, Issue 5 (October 1, 2013): 250–57. http://dx.doi.org/10.54648/ecta2013027.
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In this article, the authors discuss the approach that the Court of Justice of the European Union (CJEU) adopts in deciding which of the European treaty freedoms apply to third country situations. On 13 November 2012 the CJEU delivered a landmark ruling on this matter in the Test Claimants in the FII Group Litigation case. The CJEU observed that if the tax legislation in question is of a general nature then the free movement of capital also applies where European Union (EU) resident entities derive taxable proceeds from majority interests held in companies resident in third countries. In reaching this conclusion, the CJEU adopted an approach that seems to differentiate from that applied in earlier judgments. Moreover, the CJEU's findings clearly differ from the approach taken by the Dutch Supreme Court in various recent judgments. The Dutch Supreme Court considers external cross-border investments in majority shareholding interests as acts of establishment, which are not protected under EU law, because the freedom of establishment does not apply to third country situations. Assessing EU jurisprudence, the authors seek to answer the question which treaty freedom applies in cases involving the direct taxation of proceeds from cross-border third-country corporate shareholding interests and where does the approach adopted by the CJEU differ from that of the Dutch Supreme Court? The authors further address some potential consequences that the CJEU case law on this matter could have on the future interpretation of the freedom of capital.
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Safonova, M. F., and E. M. Felde. "Accounting and control of toll processing operations: economic efficiency and tax risks." Vektor nauki Tol'yattinskogo gosudarstvennogo universiteta. Seriya Ekonomika i upravlenie, no. 1 (2023): 35–46. http://dx.doi.org/10.18323/2221-5689-2023-1-35-46.
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Transformational processes in the global and Russian economy serve as a reason for business entities to search for new ways of producing goods allowing the most efficient use of available resources. Toll processing (in international practice – tolling operations) allows expanding the sphere of business of agricultural formations and, thus, increasing their effectiveness. The complexity of accounting and taxation of operations for toll processing increases the probability of occurrence of tax, accounting, and legal risks, which justifies the necessity to develop a methodology for internal control of these operations. The authors analyzed the results of the financial and economic activities of agricultural formations and made a conclusion about the economic expediency of toll processing operations, both for an organization-conversion material supplier and for a tolling party. The authors carried out the theoretical research and determined the features of accounting for a processor organization, as opposed to a supplier organization. In the process of testing the accounts, typical violations were identified, which are related to the correctness of accounting of tolling business processes, the formation of prime cost, and the taxable base for income tax, which causes tax risks. The authors developed a methodology for internal control of the “Toll processing” business process and the procedure for its reflection in business accounting and fiscal accounting. The following aspects formed the basis of the developed methodological toolkit for internal control of tolling operations: information support; control procedures; a step-by-step approach based on a preliminary risk analysis.
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Pesik, Heidy, Anita Ludia Vivian Wauran, Jeffry Otniel Rengku, Johannes Kristoffel Santie, Anneke Marie Kaunang, Treesje Amelia Clara Langi, and Nixon Sondakh. "Accounting and Tax Model for UMKM as Individual Taxpayers based on SAK EMKM and PP No 55 of 2022 Concerning Adjustments to Arrangements in the Field of Income Tax." Indonesian Journal of Social Science Research 4, no. 2 (December 13, 2023): 256–60. http://dx.doi.org/10.11594/ijssr.04.02.14.
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The existence of tax regulations in the field of income tax results in changes to the tax obligations of individual MSME business actors in the tax obligation mechanism, especially in determining the tax base for determining the tax payable, as regulated in Government Regulation No. 50 of 2022 concerning adjustments to regulations in the field of taxation which regulate income. taxable up to a turnover of IDR 500,000,000 for individual taxpayers as well as MSME entities.Where this regulation will be implemented starting January 1 2022, so the need for an accounting and tax model is really needed by MSME business actors in carrying out their tax obligations in accordance with the current regulations. Where as a basis for reporting tax obligations, an accounting report is needed as the basis for calculating tax obligations.This research aims to produce an Accounting Report design model based on Accounting Standards for Small and Medium Enterprise Entities (MSMEs) as taxpayers as well as a Tax report model that is in line with Government Regulation Number 55 of 2022 concerning adjustments to Regulations in the Income Tax Sector which are derived from the regulations of Law No. 7 in 2021 regarding the harmonization of tax regulations, in order to assist MSMEs in carrying out their tax obligations. The final result of this research is to produce an accounting and tax model that is in accordance with the EMKM regulations and PP No. 55 of 2022.
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Komarova, Galina, and Olga Zmanovskaya. "On the Issue of Business Property Taxation." Baikal Research Journal 14, no. 1 (March 3, 2023): 31–41. http://dx.doi.org/10.17150/2411-6262.2023.14(1).31-41.
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The article explores changes in the definition of taxable objects, the tax base, and the dates when property taxes from legal entities are due. There is a brief overview of the history of origin of property taxes, their formation and development. The authors looked into the order of accounting of taxation objects related to the property of organizations, including real estate and vehicles; analyzed property tax revenues to the budget system of the Russian Federation; and considered some issues of identifying objects of taxation and transitioning to calculation of the business property tax based on the cadastral value of real estate, as well as difficulties of determining whether certain property could be attributed to real estate objects. Real estate becomes subject to taxation only if it is registered in the Unified State Register of Real Estate (EGRN). In practice, however, organizations could own property that is not required by law to be registered in the EGRND, thus the taxpayer could be at risk of failing to pay a true tax liability. In this regard, it is mandatory to take into account taxation of not only real estate, but also movable property. This practice was used in the Soviet Union, when calculating fees for production assets, and in the Russian Federation as well. Such a change will increase revenues to the regional and local budgets and solve the problem of taxation of real estate objects that do not have cadastral value.
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Garbarino, Carlo. "Tax Design Issues in Respect to Foreign Branches and Controlled Companies and the Feasibility of a Consolidation Area in the EU." EC Tax Review 23, Issue 1 (February 1, 2014): 16–29. http://dx.doi.org/10.54648/ecta2014003.
Full textAbstract:
The Common Consolidated Corporate Tax Base (CCCTB) architecture seems to address the major tax design issues relating to foreign business profits in the EU which result from the intrinsic limitations of domestic tax consolidation systems but would intervene in a scenario in which Member States retain prerogatives in developing their own policies in respect to cross-border profits and losses of affiliated companies. The purpose of this article is to shed light on those policies and on the major tax design issues relating to foreign business profits in the EU in light of the case law of the European Court of Justice (ECJ) and of the potential adoption of the CCCTB Directive. The paper first addresses the tax treatment of foreign branches both in the case in which foreign profits are taxable and in the case in which are exempt in the residence-country (section 2) and then discusses the issues related to the tax consolidation of foreign controlled companies (section 3), with additional remarks about the tax design issues faced by host countries whose tax base can be eroded through certain tax planning strategies by resident companies that are controlled by foreign entities (section 4). The paper concludes by describing the common core of rules already existing at EU level and how this rules are conveyed in the CCCTB model which might be approved through enhanced cooperation (section 5) and finally draws a few conclusions of the feasibility of a residence-based consolidation area in the EU (section 6).
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Sierpińska-Sawicz, Agata, and Maria Sierpińska. "Depreciation Capital as a Source of Financing of Mining Companies Activities." Contemporary Economics 15, no. 4 (December 2021): 429–41. http://dx.doi.org/10.5709/ce.1897-9254.458.
Full textAbstract:
The issue discussed in the paper is highly relevant and topical in economic practice because of changes in the recognition of certain assets and their depreciation. The author’s research established that depreciation write-off in financial terms constitute capital comprising two components: depreciation and the tax shield effect. The non-tax shield is more important relative to other tax shields because the vast majority of entities in the raw materials industry own assets which are depreciated for the purposes of balance sheet accounting and tax accounting. As a cost depreciation, on the one hand, reduces the financial result and on the other, generates additional operating cash flows. Depreciable assets account for a large portion of coal companies’ assets. In addition, due to the implementation of IFRS 16 on leasing their share increased as did the amount of depreciation. Hence, its share in operating cash flows in Polish coal companies is slightly higher than in global companies. An overwhelming part of the additional depreciation arising from the inclusion in the assets reported in the balance sheet of assets used based on contracts of lease, lending or rental does not reduce the tax basis and does not constitute a tax shield. Consequently, it creates a disparity between the gross profit/loss and taxable income, thereby increasing the effective tax rate. An increase in the depreciation level in coal companies facilitates maintenance of liquidity and provides financing for investment projects and improves debt servicing, especially in times of declining financial result when coal prices are low.
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Aidonojie, Paul Atagamen, Obieshi Eregbuonye, Afolabi Toyin Majekodunmi, and Michael E. Inagbor. "The Prospect and Legal Issues of Income Tax in the Nigerian Metaverse." Trunojoyo Law Review 6, no. 1 (February 26, 2024): 17–50. http://dx.doi.org/10.21107/tlr.v6i1.23874.
Full textAbstract:
The Metaverse, a virtual space encompassing augmented reality, virtual reality, and the internet, has witnessed rapid growth, giving rise to complex economic activities. However, it suffices to state that despite the relevance of the metaverse concept in the global terrain, Nigeria, like many nations, could face the challenge of adapting its tax laws to the unique characteristics of the Metaverse. Given this, this study adopts a hybrid method of study to explore the taxation challenges within the Nigerian Metaverse, evaluating the efficacy of current tax laws and regulations in this evolving digital landscape. In this regard, 352 questionnaires were distributed to legal practitioners residing in Nigeria to ascertain their views concerning the sufficiency and deficiency of the existing tax laws regulating the tax issues in the metaverse. The study's findings reveal significant challenges in existing tax laws, including jurisdictional complexities, defining taxable income in virtual environments, identifying entities subject to taxation, enforcing regulations without physical assets, overcoming technology gaps, and ensuring legislative adaptability to digital advancements. These challenges hinder the growth of the Metaverse industry and pose risks in revenue generation within the metaverse operation in Nigeria. It was therefore concluded that there is an urgent need to adapt tax policies to the unique characteristics of the Metaverse in Nigeria. A balance between innovation and regulatory oversight is crucial for sustainable growth in the virtual economy. In this regard, the study recommended clear definitions and classifications of virtual assets, considering international best practices and collaborating with international bodies to establish a comprehensive and adaptive legal framework for taxing Metaverse activities in Nigeria.
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Lim, Setiadi Alim. "Implementasi Pajak Pertambahan Nilai Di Indonesia: Suatu Studi Perbandingan Di Negara-Negara ASEAN-9." BIP's JURNAL BISNIS PERSPEKTIF 12, no. 1 (January 31, 2020): 27–46. http://dx.doi.org/10.37477/bip.v12i1.24.
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Indonesia was the first country in Southeast Asia to implement the Value Added Tax on April 1, 1985. This step was then followed by several other countries in Southeast Asia, particularly those who were members of the ASEAN community. However, there are also a number of ASEAN member countries that do not use the Value Added Tax system. In this paper, a comparative study will be carried out on the application of Value Added Tax in Indonesia, compared to other ASEAN member countries, specifically with 8 ASEAN member countries, namely the Philippines, Cambodia, Laos, Malaysia, Myanmar, Singapore, Thailand, and Vietnam which together with Indonesia hereinafter referred to as ASEAN-9. Comparisons are only made among the 9 ASEAN member countries, and not the whole 11 ASEAN member countries, due to difficulties in gathering data from the other 2 ASEAN member countries. Overall implementation of Value Added Tax, or similar taxes in ASEAN-9 countries is good, and has many similarities in principle. This of course will provide many conveniences if it is desired to integrate the Value Added Tax system, or similar taxes into only one tax system that is uniformly applicable in ASEAN countries. From the results of comparative studies show that the implementation of Value Added Tax in Indonesia is still the best compared to 8 other ASEAN-9 countries, because it is in accordance with the basic principles of the Value Added Tax system. However, the Value Added Tax system implemented in Indonesia needs to be improved by removing the Value Added Tax collection rules by government treasurers, and certain business entities when making a purchase from a Taxable Entrepreneur.
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Poernomo, Yosafat Cornelius, and Ferry Irawan. "ANALISIS PENYELESAIAN ISU PEMAJAKAN EKONOMI DIGITAL: STUDI KASUS GOOGLE ASIA PACIFIC Pte Ltd." Jemasi: Jurnal Ekonomi Manajemen dan Akuntansi 17, no. 02 (March 14, 2022): 133–50. http://dx.doi.org/10.35449/jemasi.v17i02.415.
Full textAbstract:
Digitalization raises taxation issues for the market jurisdiction authority including Indonesia, both on the aspect of direct taxation and indirect taxation, due to the capability of the digital multinational entities (MNEs) to avoid physical presence to exercise a transaction with the customer in the market jurisdiction. In terms of indirect taxation, issues raised by Google Asia Pacific Pte Ltd (Singapore) related to the business to customer (B2C) model on service and intangible transactions to the consument in Indonesia, especially the nonregistered taxable business consument (nonPKP). In general, the consumption of services and intangibles from abroad by resident in Indonesia is taxed using the mechanism of reverse charge. Due to its ineffectivity and ineffeiciency at the implementation, in 2020, Indonesia government appointed several nonresident MNE including Google Asia Pacific Pte Ltd (Singapore) to collect the VATs. Meanwhile, issue in direct taxation raised by Google Asia Pacific is due to the provision of Indonesia and Singapore tax treaty that still oblige the degree of physical presence to measure the existence of permanent establishment. After the publication of BEPS Action 1: Final Report (2015), the Indonesian government has made several policy decisions, both in terms of domestic regulations to the international realm, such as the signing of multilateral instruments (MLI) and tax treaty negotiation. In addition, currently a negotiation is underway regarding the consensus on digital economy taxation proposals known as the two pillars. One of the proposals initiated was the first pillar proposal (unified approach) which focus on updating rules related to nexus and profit allocation. The purpose of this study is to identify the alternative for VAT and income taxation against Google Asia Pacific Ltd by considering the principles of international taxation. The research used qualitative method with a case study approach. The research data were collected using literature study.