scholarly journals Taxation of Gratuitous Acquisition of the Ownership of Tangible Property and Property Rights in Polish and Lithuanian Tax Legislation Selected Problems

Teisė ◽  
2019 ◽  
Vol 111 ◽  
pp. 218-233
Author(s):  
Stefan Babiarz
Keyword(s):  
Full Article ◽  
Property Rights ◽  
Income Tax ◽  
Assessment Process ◽  
Personal Income Tax ◽  
Family Conflicts ◽  
Inheritance Tax ◽  
Tax Legislation ◽  
Polish Law ◽  
Article Abstract

[full article, abstract in English] The comparison of the inheritance tax legislation in Poland and Lithuania shows clearly that inheritance tax is a simple tax, with no special legal or financial complexity. Therefore, there are no serious issues concerning the assessment and/or payment of the tax. The assessment process and the amounts of the tax are taxpayer-friendly. It is worth noting solutions such as a 30% reduction in the taxable amount, no deduction of debt and charges, no complicated procedure for determining the taxable amount, respecting the double taxation avoidance principle, or the fact that no tax liability in respect of inheritance tax may re-arise.The case is not the same with the Polish Gift and Inheritance Tax Act. The only advantage of the Polish law, as compared to the Lithuanian law, is that the scope of taxable property is broader and, therefore, the higher, personal income tax would not apply to many types of the taxable property.The author expects this paper to be the first is a series of papers introducing Polish taxpayers, tax authorities and legislative bodies to legal solutions relating to the taxation of gratuitous acquisition of tangible property and property rights in other European countries. The Polish Gift and Inheritance Tax Act is a highly complicated piece of legislation. Its complexity causes tax disputes and does not encourage good relations between taxpayers and tax authorities. What is more, it is often the source of family conflicts.

scholarly journals Erbschaft- und Schenkungsteuer in Polen und in Deutschland. Konstruktionselemente der Steuer: Steuerpflicht, Besteuerungsgrundlage, Steuerbefreiungen, Stundung und Erlass der Steuer, Steuerklassen, Freibeträge, Instrumentalpflichten. Zweiter Teil

2020 ◽  
Vol 30 ◽  
pp. 30-51
Author(s):  
Stefan Babiarz ◽  
Keyword(s):  
Property Rights ◽  
Income Tax ◽  
German Law ◽  
Legal Institutions ◽  
Structural Elements ◽  
Personal Income Tax ◽  
Polish Law ◽  
The Moment ◽  
Full Exemption ◽  
German Citizen

From the comparison of the structural elements of the tax structure, the Polish and German inheritance and donation tax acts, the following conclusions can be drawn: – the German law – unlike the Polish law – allows for the recognition of inheritance and donation tax paid by a German citizen abroad at the taxpayer’s request, – the German act provides for an earlier tax point in the case of acquisition by inheritance than in Poland – it is the moment of opening the inheritance, – German law does not provide for the institution of re-emergence of the tax obligation, – in the German act, there is no broad subjective exemption, as in the Polish one, and in the case of the acquisition of an enterprise (current assets), it does not always provide for a full exemption, and the conditions for the exemption are stricter than in the Polish one, – in the German Act on inheritance and donation tax in a different way, considering not only classification to the tax group, thresholds for tax-free amounts have been defined, – the exemption of pension assets is provided for in the German law, and not, as in the Polish solution, in the Personal Income Tax Act, – the German Act on Inheritance and Donation Tax provides for different legal institutions that do not exist in the Polish law, such as deferral or remission of tax, – instrumental obligations have been regulated differently in both acts, it seems that the German law is not as strict in this respect as the Polish one, and the tax declaration and tax declaration in the German act do not mean the same legal institutions as in the Polish act. Generally speaking, however, beneficial for taxpayers of inheritance and donation tax in Poland is a solution that covers all (in principle) cases of free acquisition of property and property rights.

Earnings inequality and tax progressivity in Slovenia, 1991–2009

2013 ◽  
Vol 63 (4) ◽  
pp. 405-421 ◽  
Author(s):  
Tine Stanovnik ◽  
Miroslav Verbič
Keyword(s):  
Income Tax ◽  
Earnings Inequality ◽  
Personal Income ◽  
Early Years ◽  
Personal Income Tax ◽  
Tax Progressivity ◽  
Tax Legislation ◽  
Institutional Settings ◽  
Social Contributions ◽  
Minimum Wage Legislation

This paper analyses the distribution of employee earnings in Slovenia in the period 1991–2009. The analysis is based on large samples from the personal income tax (PIT) files. According to the Gini coefficient, increases in earnings inequality were moderate; however, relatively large increases in the shares accruing to the top 5% and top 1% of employees did occur. Inequality of employees’ after-tax earnings (i.e. net of employee social contributions and PIT) remained fairly stable in this time period, due to the increasing progressivity of PIT, as shown by the Kakwani index of progressivity. Increases in progressivity of the personal income tax came in leaps, following the introduction of new income tax legislation. Institutional settings and the introduction of minimum wage legislation in 1995 also appear to havemoderated inequality increases, which were quite large in the early years of the transition.

scholarly journals HARMONIZATION OF TAX LEGISLATION OF THE ASEAN COMMUNITY

2017 ◽  
Vol 1 (1) ◽  
pp. 1-10
Author(s):  
TANAPONG DAMKERNGKHAJORNWONG
Keyword(s):  
Income Tax ◽  
Personal Income ◽  
Tax Rates ◽  
Personal Income Tax ◽  
Consumption Tax ◽  
Direct Taxation ◽  
Tax Legislation ◽  
Asean Member ◽  
Tax Harmonization ◽  
Asean Countries

Abstract This article indicates how tax legislations, both in direct and indirect fields, of ASEAN countries should be harmonized. With respect to direct taxation, the issue of direct tax rates harmonization - personal income tax and corporate income tax - will firstly be discussed. Further, I will look into how the personal income tax treatment on a resident exercising the free movement of skilled labour should be. In addition, how to enhance the network of tax treaties between ASEAN Member States and withholding tax levied on cross-border transaction will also be described. As regards indirect taxation, I will consider to what extent such the consumption tax systems as VAT and GST in each ASEAN countries could be in accordance with each other. Finally, what challenges over tax harmonization in ASEAN can be will be noted. The majority of the discussions above will be based upon the tax harmonization and coordination already conducted within the EU. 

scholarly journals HARMONIZATION OF TAX LEGISLATION OF THE ASEAN COMMUNITY

2017 ◽  
Vol 1 (1) ◽  
pp. 1-10
Author(s):  
TANAPONG DAMKERNGKHAJORNWONG
Keyword(s):  
Income Tax ◽  
Personal Income ◽  
Tax Rates ◽  
Personal Income Tax ◽  
Consumption Tax ◽  
Direct Taxation ◽  
Tax Legislation ◽  
Asean Member ◽  
Tax Harmonization ◽  
Asean Countries

Abstract This article indicates how tax legislations, both in direct and indirect fields, of ASEAN countries should be harmonized. With respect to direct taxation, the issue of direct tax rates harmonization - personal income tax and corporate income tax - will firstly be discussed. Further, I will look into how the personal income tax treatment on a resident exercising the free movement of skilled labour should be. In addition, how to enhance the network of tax treaties between ASEAN Member States and withholding tax levied on cross-border transaction will also be described. As regards indirect taxation, I will consider to what extent such the consumption tax systems as VAT and GST in each ASEAN countries could be in accordance with each other. Finally, what challenges over tax harmonization in ASEAN can be will be noted. The majority of the discussions above will be based upon the tax harmonization and coordination already conducted within the EU. 

Prospective Directions of Personal Income Changes in the Context of Changing Legislation in the Russian Federation

2020 ◽  
Vol 26 (6) ◽  
pp. 649-655
Author(s):  
R. N. Berlizev
Keyword(s):  
Income Tax ◽  
Personal Income ◽  
Tax Burden ◽  
Rate Model ◽  
Personal Income Tax ◽  
Tax Rate ◽  
Tax Legislation ◽  
Dividend Payments ◽  
Progressive Tax ◽  
Definition Of

The topic of the study is relevant in light of changes in tax legislation pertaining to the current personal income tax system. From January 1, 2021, the personal income tax rate will change from 13 to 15 percent for incomes exceeding 5 million rubles (applies only to the amount over 5 million), which is basically the first step in the transition from a flat personal income tax rate to a progressive one.Aim. The presented study proposes and substantiates by calculation a new approach to calculating personal income tax based on a progressive rate.Materials and methods. This study uses generalization, synthesis, and systematization to analyze the risks and opportunities of the transition from the current personal income tax rate to progressive taxation.Results. The authors determine that income received by individuals through dividend payments is substantial, while the number of individuals who receive dividends is relatively small, and conclude that income received in the form of dividends can be classified as the so-called “excess income”, which is not defined at the legislative level. Therefore, now it is necessary to introduce and develop a definition of “excess income” in tax legislation and to draw a distinction between the concepts of “dividends” and “remuneration”. It is found by calculation that a relatively small increase in the tax burden on the income of dividend-receiving taxpayers would provide additional funds for the budget system. That said, changes to the system of taxes on personal dividends should be made with allowance for the introduction of a progressive tax rate. The proposal to completely abandon the flat personal income tax rate by introducing fundamental changes to tax rates that would affect almost any category of the population is substantiated. As a result of the proposed progressive tax rate model, budget revenues will increase, tax burden on individuals with the lowest level of income will diminish, and taxes imposed on citizens with income above the minimum level will remain the same.Conclusions. As a result of the proposed progressive tax rate model, budget revenues will increase, tax burden on individuals with the lowest level of income will diminish, and taxes imposed on the middle class will remain the same.

scholarly journals Evaluation of the Impacts of Selected Tax Reforms Influencing the Income of Individuals in the Czech Republic

2016 ◽  
Vol 64 (4) ◽  
pp. 1401-1407 ◽  
Author(s):  
Jana Tepperová ◽  
Jan Pavel
Keyword(s):  
Czech Republic ◽  
Impact Assessment ◽  
Income Tax ◽  
Personal Income ◽  
Assessment Process ◽  
Personal Income Tax ◽  
The Czech Republic ◽  
Regulatory Impact ◽  
Public Revenues ◽  
Regulatory Impact Assessment

Ability to predict the impacts of proposed tax changes is crucial for effective and transparent tax policy. The ex-ante impact evaluation of proposed changes is in the Czech Republic part of the Regulatory Impact Assessment process and assumed effects are published within the reasoning reports to the amendment laws. We use the top-down approach to calculate ex-post the impacts of the most significant changes in personal income tax and contribution on obligatory insurance on public revenues and compare the results with forecasted effects from reasoning reports. We use data for the period of 1994 to 2014 and create three models to quantify the impact on personal income tax revenue, social security contribution and health insurance contribution. The results show the tendency to underestimate real effects about a third to a half when calculating the projected impact on public revenues. For more accurate estimations we recommend higher transparency in presented methodology within the Regulatory Impact Assessment process and evaluation by independent institution for changes with significant impact.

scholarly journals Victims of Parental Kidnappings in Light of Polish Criminal Law (Based on the Results of Case Law Research)

2018 ◽  
Vol 6 ◽  
pp. 86-100
Author(s):  
Diana Dajnowicz-Piesiecka
Keyword(s):  
Full Article ◽  
Criminal Law ◽  
Case Law ◽  
English Abstract ◽  
Criminal Case ◽  
Criminal Cases ◽  
Parental Kidnapping ◽  
Polish Law ◽  
Article Abstract

[full article, abstract in English; abstract in Lithuanian] This paper concerns the victims of parental abductions in Poland. The aim of the article is to present the victims of parental abductions in the light of the Polish criminal case law. The study has an empirical character because it presents the results of research carried out using a criminal case law analysis. The study included 59 criminal cases concerning the parental kidnapping of a child. The research revealed that the Polish law treats the person from whom the child was kidnapped as a victim of parental kidnapping. Interestingly, the child is not considered a victim. Based on the research, a conclusion was formulated that parental abductions are not only the result of disputes between the parents of a child, but that children can also be abducted from the care of other people, for example, the directors of orphanages or grandparents who look after the children. This article argues that parental abductions are not only a problem for families but also for institutions professionally involved in childcare.

scholarly journals Opodatkowanie kryptowalut w Polsce

2019 ◽  
Vol 28 ◽  
pp. 275-286
Author(s):  
Damian Dobosz ◽  
Anna Niziołek
Keyword(s):  
Income Tax ◽  
Personal Income ◽  
Personal Income Tax ◽  
The Subject ◽  
Polish Law

Artykuł podejmuje problematykę opodatkowania kryptowalut. W niniejszym opracowaniu zaprezentowano rozwój kryptowalut i prawodawstwa polskiego w tej materii. Przede wszystkim przedstawiono tematykę ujęcia kryptowalut z punktu widzenia przedmiotu opodatkowania w ustawach podatkowych. Ponadto przywołane zostały interpretacje podatkowe, w których można zaobserwować różne sposoby ujęcia problematyki opodatkowania kryptowalut przez urzędy skarbowe. W dalszej części opracowania zaprezentowano najnowsze zmiany ustawy o PIT, wchodzące w życie od 1 stycznia 2019 roku oraz ich potencjalne konsekwencje dla podatników. Taxation of cryptocurrencies in PolandThe article delves into the issue of cryptocurrencies taxation. This work explains the development of cryptocurrencies as well as the Polish law concerning that problem. What is also presented is the perception of cryptocurrencies in view of the subject of taxation in Polish tax regulations. Furthermore, the article refers to the tax rulings in which several different ways of perceiving cryptocurrencies taxation by tax authorities are included. The work also examines the changes in Personal Income Tax in Poland from 1 January 2019 and their potential consequences for taxpayers.

scholarly journals Accredited investor: legal status and problems of taxation

2021 ◽  
Vol 5 (3) ◽  
pp. 167-177
Author(s):  
I. V. Glazunova ◽  
К. I. Chernikova
Keyword(s):  
Stock Market ◽  
Income Tax ◽  
Legal Status ◽  
Legal Regulation ◽  
Personal Income ◽  
Personal Income Tax ◽  
Tax Rate ◽  
Tax Legislation ◽  
The Status ◽  
Tax Deductions

The subject of the research is the legal norms contained in legislation and other legal acts that regulate the grounds for the emergence and the mechanism for implementing the status of an accredited investor, requirements for individuals, as well as certain aspects of taxation of accredited investors. The experience of legal regulation of income from investment activities, used in foreign legislation, is also analyzed in the context of the topic.The purpose of the article is to confirm the need to revise the requirements for accredited investors, to clarify the legislative provisions of the personal income tax. The reason for this study was legislative changes that caused an ambiguous reaction among the entire legal community in Russia.The methodology. General scientific methods were applied in the framework of a comparative, logical and statistical study and analysis of law enforcement and judicial practice in the field of taxation of an accredited investors.The main results. The following issues were investigated. What was the reason for the introduction of the status of an accredited investor in Russian legislation? It was the need firstly to protect the rights of investors, and secondly to regulate and protect the stock market from unconsciously high-risk transactions. What requirements are specified in the law for obtaining this status, what requirements exist in foreign legislation and why does domestic legislation need to be revised? We can divide the requirements for obtaining the status into three general groups: experience, knowledge and risk. Investor is obliged to meet two criteria by European legislation, when only one criterion by Russian legislation. The problem of taxation of qualified investors was raised in the context of the progressive income tax rate. Taxation of qualified investors needs a thorough legislative review in terms of tax deductions.Conclusions. The ideas for the introduction of the status of an accredited investor, of a progressive personal income tax rate were implemented in Russian legislation from the legislation of foreign countries. Such Russian legal rules needs significant revision. The legislative term "accredited investor" should be introduced in legislation system. It is necessary to clarify the criteria for obtaining a status, as well as to consolidate the necessity for accredited investors to comply with two conditions instead of one. Such an initiative would allow investors themselves to approach investing more consciously and would remove risks from brokers. Tax legislation should be amended in part of tax deductions for persons whose main activity is investment, since the current state of affairs discriminates them against individuals in their rights. The revision of the fixed requirements as well as the clarification of the tax legislation will attract investors (both Russian and foreign) to the Russian stock market, while the economy will receive positive growth, intermediaries-brokers and issuing firms will be provided with protection from unconscious risks.

Legal Analysis of the Tax Legislation of Ukraine in the Field of Alienation and Management of a Real Estate

2021 ◽  
Vol 39 (6) ◽  
Author(s):  
Lyudmyla Telizhenko ◽  
Iryna Lukasevych-Krutnyk ◽  
Iryna Storozhuk ◽  
Kostiantyn Iskrov ◽  
Nataliia Kovalko ◽  
...  
Keyword(s):  
Real Estate ◽  
Income Tax ◽  
Pension Fund ◽  
Legal Regulation ◽  
Tax Law ◽  
Tax Rates ◽  
Legal Analysis ◽  
Personal Income Tax ◽  
Tax Legislation ◽  
Legal Method

The primary purpose of this study is to carry out a legal analysis of the tax legislation of Ukraine when concluding transactions for the alienation of real estate. The authors face the task of careful and in-depth consideration of both theoretical and practical issues of legal regulation of taxes and fees in the alienation of real estate, the search for effective mechanisms for their collection, improving the tax burden on the taxpayer. This article presents the main aspects of the taxation of real estate transactions, which are subject to notarization. In particular, the provisions of the legislation on the peculiarities of personal income tax, military tax on purchase and sale transactions, real estate by individuals resident and non-residents of Ukraine, as well as the peculiarities of calculating the fee to the Pension Fund of Ukraine for the purchase of real estate are certain generalized functions of a notary as a tax agent exercising tax control.In the analysis of tax law in transactions for the sale of real estate, the authors used a comparative - legal method to identify similarities or differences in tax rates, the effectiveness of regulatory action of official - documentary methods of expression, the descriptive direction of the material prevails.

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