Conventional Legal Regulation of Value-Added Taxation by the Member States of the Gulf Cooperation Counci

Author(s):  
Dmitry G. Bachurin ◽  

The article discusses the legal aspects of supranational legal regulation of value added taxation in the Persian Gulf countries. The novelty of the research lies in the comparative aspect of the legal study of supranational law on the value-added tax in the Gulf countries, which allows formulating fundamentally new characteristics and interpretations that extend the theoretical and legal views on the legal mechanism of VAT, and analyzing the key provisions of the legal regulation of VAT of the states that are parties to the Common VAT Agreement. The issues of the Agreement for the countries of the Gulf Cooperation Council, as well as acts of national legislation on this tax, were studied. The analysis of the provisions of the Agreement allows concluding that the tax instrument this Agreement regulates can be classified as a type of neutral legal regulation of value-added taxation. Its peculiarity is that the country for one reason or another introduces VAT into the national tax system with minimal tax rates and continues to keep it at a low level that does not have a restraining effect on the development of its own industry. This is the reference point for the Common VAT Agreement for the countries of the Gulf Cooperation Council. The research shows that the supranational legislation of the Persian Gulf countries covers the most complex and fundamentally significant issues of legal regulation of value-added taxation, which developed taking into account the accumulated world experience in the administration of this tax. Conclusions have been obtained that the main direction of the adopted supranational legislation is the creation of a unified legal framework for the development of a coordinated legal regulation of VAT in each of the six Arab states of the Persian Gulf. The definitions of concepts that are crucial for VAT regulation are given, among which the following can be distinguished: reverse VAT accrual, input tax, deductible tax, net tax, mandatory registration threshold, voluntary registration threshold, and tax group. In the final part of the work, it is concluded that the second regional system of legal regulation of value-added taxation after the European one is being created, which begins its development on the basis of supranational legislation. Within its framework, the states that are parties to the Agreement shall organize administrative cooperation in the following areas: (1) exchange of information necessary for determining tax accuracy; (2) coordination of synchronized audit procedures and participation in audits; (3) assistance in tax collection and adoption of necessary procedures related to VAT collection.

2020 ◽  
Vol 73 (7) ◽  
pp. 1533-1538
Author(s):  
Sandra Kaija ◽  
Inga Kudeikina ◽  
Nataliya Gutorova

The aim: The aim of the study is to define the legal framework of forensic psychiatric examination commissioned by the court in relation to the competence of medical practitioners and the position of the subject as a patient in the process of forensic psychiatric examination in order to determine the correlation of special legal regulation with criminal and civil procedure regulation and to make proposals for the enhancement of the legal regulation. Materials and methods: This study is based on the analysis of international law, medical civil procedure and criminal procedure legislation, juridical practice, medical law legal doctrine. The following methods were used in this research: the method of interpretation of legal norms, analysis of legal acts, and the induction-deduction method, upon which the conclusions were drawn and recommendations were provided. Conclusion: The current regulatory framework does not provide for the procedure by which the subject’s medical treatment is conducted during forensic psychiatric examination, nor does it determine the criteria for the admissibility of treatment of the persons concerned and the extent of treatment. During the examination, the medical practitioner who is in the expert’s procedural position in relation to the subject under examination in the particular examination should not carry out the treatment of the subject.


2019 ◽  
Vol 34 (1) ◽  
pp. 1-27 ◽  
Author(s):  
Maheshwor Shrestha

Abstract This article reports on a randomized field experiment in which potential work migrants from Nepal to Malaysia and the Persian Gulf countries are provided with information on wages and mortality incidences at their intended destinations. It is found that, particularly for the group of potential migrants without prior foreign migration experience, the information changes their expectations of earnings and mortality risks abroad, which further changes their actual migration decisions. Using the exogenous variation in expectations, it is estimated that the elasticity of migration with respect to mortality rate expectation is 0.8, and the elasticity of migration with respect to earnings expectation is 1.1.


2019 ◽  
Vol 25 (6) ◽  
pp. 611-616
Author(s):  
Christophe Jolk ◽  
David Russell

Abstract Like other Gulf Cooperation Council (GCC) jurisdictions, the Qatar Financial Centre (QFC) Foundation has very favourable private wealth and estate planning aspects, since it picks some of the best features in the common and civil law models and blends them into a single legal framework. One of the advantages of a QFC Foundation over a trust, for instance, is its legal personality and ability to own assets. Similar to other foundation laws within the GCC area, the QFC Foundation does not require a ‘dedicated fund appropriated to a specified purpose’ and also has a specific ‘firewall’ provision securing the asset dedications and benefits granted. Overall, the QFC Foundation is a favourable legal regime for estate planning and pretty standard compared to what other GCC foundations regimes offer. Settling for a specific jurisdiction and legal form should nevertheless be assessed on a case by case basis.


Author(s):  
Jafleh Hassan Al-Ammary

In today’s business environment, knowledge is increasingly recognized as the most important and valuable asset in organizations and a key differentiating factor in business. Therefore, many organizations are positioning themselves strategically based on their tangible and intangible internal resources, and their capabilities rather than on their products and services. However, in order for an organization to be successful in the exploitation of knowledge assets to drive competitive advantages, a holistic approach that spans Knowledge Management (KM), business strategy, and organizational and human factors should be used. The aim of this study is to investigate the effect of some factor on KM Strategic Alignment between KM and business strategy in the banking sector at Persian Gulf Countries. The results have indicated factors such as knowledge sharing, trust, openness to change, IT infrastructure and skills, and existence of CKO are strongly correlated to the strategic alignment between KM and business strategy. Thus, managers in the Persian Gulf banking sectors should adopt new rules using flexible organizational culture, reforming and redesigning their organizational structure, and incorporating an advanced information technology in their operations for competitive advantage.


2018 ◽  
Vol 8 (1) ◽  
pp. 51-63 ◽  
Author(s):  
Kushani Ishara Athapaththu ◽  
Gayani Karunasena

Purpose Sustainability in construction is a challenging task for contractors due to diminishing natural resources and increasing energy costs. The purpose of this paper is to identify key issues that affect the adaptation of sustainable construction practices by Sri Lankan contracting organisations and propose a framework for successful adaptation. Design/methodology/approach Eight semi-structured interviews are conducted from three selected case studies to gather data on sustainable construction practices and related issues in contracting organisations in Sri Lanka. The proposed framework is validated and enhanced by interviews conducted with seven industry experts in Sri Lanka and the Persian Gulf region. A cross-case with code-based content analysis is used to analyse the data. Findings Gaps in the legal framework and weak enforcement of prevailing rules, less institutional intervention, less commitment of people especially key stakeholders, wrong perceptions on capital costs, and low levels of education and experience on sustainable construction are identified as key issues, similar to the Persian Gulf region. The proposed framework presents suggestions for successful adaptation of sustainable construction practices in the following eight key areas: legal framework, standards, guidelines or policies, design, procurement, technology, processes and innovations, people and organisational structure, education and training, and measurements and reporting. Research limitations/implications The scope of this research is limited to the data gathered from C1 category construction contractors in Sri Lanka and similar category in the United Arab Emirates of the Persian Gulf region. Originality/value The framework for the enhancement of sustainable construction practices via contracting organisations is proposed as an inaugural step to establishing a country-based and industry-specific model to achieve sustainability in the Sri Lankan construction industry.


2016 ◽  
Vol 188 (4) ◽  
pp. 315-327 ◽  
Author(s):  
Kiana Pirian ◽  
Khosro Piri ◽  
Jelveh Sohrabipour ◽  
Saied Tamadoni Jahromi ◽  
Jaanika Blomster

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