scholarly journals Evasão tributária, a Base de Cálculo do ITBI e a Tipicidade no Direito Tributário Brasileiro

2020 ◽  
pp. 165-199
Author(s):  
Jeferson Teodorovicz

RESUMOO presente estudo investiga a problemática da evasão tributária frente à determinação da base de cálculo do imposto sobre transmissão de bens imóveis (ITBI), de competência municipal e distrital no Brasil, a partir de revisão bibliográfica, legislativa e jurisprudencial. O método adotado no presente trabalho aproxima-se do dedutivo, sem, porém, afastar-se de pontuações indutivas – inclusive com considerações críticas ao objeto de investigação. Particularmente, o ponto central da pesquisa refere-se à análise de medidas de combate à evasão tributária adotadas pela administração tributária municipal no que tange à simulação frente ao ITBI na legislação tributária brasileira, especialmente considerando-se alternâncias legais – e infralegais - na consideração da base de cálculo do imposto. Concluiu-se que, embora as medidas legais e infralegais adotadas para combater as práticas evasivas fiscais colaborem, se respeitados certos limites, à racionalização e à eficiência da tributação, sobretudo para averiguar a efetiva manifestação de capacidade contributiva do contribuinte, de modo geral, por outro lado, tal esforço arrecadatório não deve relativizar o respeito aos princípios basilares do Direito Tributário Brasileiro, no qual o princípio da reserva da lei em matéria tributária ou princípio da tipicidade tributária se eleva no âmbito da determinação da base de cálculo do ITBI.PALAVRAS-CHAVEITBI; evasão tributária; base de cálculo; tipicidade tributária. ABSTRACTThe present study investigates the problem of tax evasion considering the determination of the calculation basis for the Transmission of Immovable Property Tax (Imposto de Transmissão de Bens Imóveis - ITBI), with municipal and district jurisdiction in Brazil, based on bibliographical, legislative and jurisprudential review. The adopted method in the present research is close to the deductive one, without, however, departing from inductive scores – including critical considerations to the object of this investigation. In particular, the focus of the research is the analysis of measures to combat tax evasion adopted by the municipal tax administration regarding the simulation of ITBI in the Brazilian tax legislation, especially examining the legal and non-legal changes in the consideration of the tax calculation basis. It was concluded that, although the legal and infralegal measures adopted to combat tax evasion collaborate, if certain limits are respected, to the rationalization and efficiency of taxation, especially to verify the effective manifestation of contributory capacity, generally, on the other hand, such a tax collection effort should not relativize respect for the basic principles of Brazilian Tax Law, in which the principle of law reservation in tax matters or principle of tax typicity is raised in the scope of determination of the calculation basis of ITBI.KEYWORDSITBI; tax evasion; calculation basis; tax typicity.

Studia BAS ◽  
2020 ◽  
Vol 4 (64) ◽  
pp. 95-119
Author(s):  
Marcin Jamroży ◽  
Aleksander Łożykowski

The paper provides an assessment of measures aimed at tightening up the Polish tax system in 2015–2019. In particular, the positive fiscal effect of limiting the VAT and the CIT gaps as a response to legislative changes is to be noted. On the other hand, the effects of the measures aimed at tightening up the Polish tax system include the adjustment or compliance costs for enterprises and tax administration. Sealing the Polish tax system is an inherently long-term process which, in addition to the original fiscal purpose, constitutes a challenge for the legislator to avoid excessive fragmentation of tax law.


2016 ◽  
Vol 4 (1) ◽  
pp. 43
Author(s):  
Sutjipto Ngumar

This paper  explains corporate 's tax planning policy  as the tax payer purposes  (1) that Taxes which be paid exactly no more nor less (2) To care corparate 's liquidity (3) to get profit  normaly.  Tax planning  does not effort how make making tax evasion, but it is a strategy for tax saving and tax avoidance. The problem is that corporate as the tax payer does not understand about tax regulation, or the corporate just transfers the tax problem to accountancy department, because the manager has not time to understand tax law, eventhough to safeguard for negotiating by customer, the manager does not involve with anyone. The corporate initiative to execute tax planning are (1) Transfering tax value added expense to the buyer or customer (2) To carry out the holding company through accountancy engineering, by Pooling interest and Purchase method. Pooling interest method means no recoqnize value added (goodwill) ; in the other hand purchase method means the assets be counted by market value, so value added (goodwill) will be writen off by depreciation.


2020 ◽  
Vol 8 (3) ◽  
pp. 40-48
Author(s):  
Uguloy Berdiyeva ◽  

The article discusses the issues of increasing the level of tax collection on the basis of improving tax administration, ensuring the full payment of taxes and fees to the state budget, reducing the likelihood of tax evasion.


2004 ◽  
Vol 1 (1) ◽  
pp. 110-115
Author(s):  
Baghdad Science Journal

We found that 4,5- diphenyl- 3(2- propynyl) thio- 1??-triazole [1? forms a complex with Pd (11) ion of ratio 1:1 which absorbs light in CH2CI2 at 400 nm, and 4,5- diphenyl- 3(2- propenyl) thio- 1,2,4- triazole [II] forms complexes with Pd (II) ion of ratio 1:1 which absorbs light at 390 nm, and of ratio 2:1 which absorbs light at 435 nm. On the other hand, we found that the new derivative 4- phenyl- 5( p- amino phenyl) -3- mercapto- 1,2,4- triazole ?111? forms complexes with Cu (II) ion of the ratio 1:1 which absorbs light at 380 nm, with Ni (II) ion of the ratio 3:1 which absorbs light at 358 nm; and with Co (11) ion of the ratio 3.2:1 which absorbs light at 588 nm. The ratio of the complexes were determined by measuring the electronic spectra of the complexes in CH2G2 and (CH^NCHO at different concentrations ofthe ligands and f?xed ' •' of the metal ion in every case, then applying the molar ratio plots on the data. Our results were confirmed by precipitating most ofthe above complexes in solid state, and then each complex was analyzed elementally.


Author(s):  
Vladimír Gryc ◽  
Petr Horáček

The paper was aimed at the determination of variability of horizontal resin canal dimension in spruce wood in relation to the position in a spruce stem. Significant changes of dimensions in horizontal resin canal along the stem length and radius were found. On the basis obtained of results 3D models (for CW, OW, SWL and SWP zones) describing changes in resin canal dimensions in spruce in relation to the position in a stem were created. In the models, the resin canal dimension decreases with the height of a stem and on the other hand, with an increasing distance from the stem pith the dimension of resin canal increases. The importance of the paper consists in the enlargement of findings about the structure of spruce with compression wood.


2021 ◽  
Author(s):  
Jelena Lukić ◽  

The aim of this paperis to determine the quality of TV classes World around us and Nature and Social Science,which were broadcasted on Radio Television of Serbia during the pandemic in the school year 2019/20. Although the work was indirect, so the immediate interaction between the teacher and student is missed. Therefore, teacher's questions were the way of establishing some kind of interaction in such classes organized in this manner. For this reason, we wanted to establish the types of questions that teachers were asking to students through small screens. Considering that the achievements of learning are based on Bloom's Taxonomy, we were analyzing sixteen TV classes and classified the questions the teachers asked according to cognitive area, on six educational levels. The results indicate that the most common were question within lower cognitive levels were (knowledge, understanding and application), and that there are no statistically significant differences in cognitive levels on questions asked between lower (1st and 2nd grade) and higher grades (3rd and 4th grade), on the other hand, on the classes of determination of educational content teachers were asking statistically significant quality questions compared to the classes of interpretation.


1967 ◽  
Vol 4 (3) ◽  
pp. 265-268 ◽  
Author(s):  
Stefan Vajda

The relationships between actuarial and pure mathematics are curious. Actuaries have contributed to the development of mathematical theory: it is sufficient to mention, as examples, Fredholm of an earlier, and Cramér of a more recent generation. Scandinavian mathematicians, in particular, have been concerned with a very special type of stochastic process, reflected in the collective theory of risk, and the work of Philipson, Ammeter and others in this field is well known to readers of this Bulletin. However, the main stream of the theory of stochastic processes has little contact with actuarial applications.On the other hand, many actuaries have studied and assimilated pure mathematics and have thrown light on actuarial matters by describing their own preoccupations in the terminology of modern, often abstract, mathematics. E. Franckx is one of their number.The Instituto di Matematica Finanziaria of the University of Trieste (Faculty of Economics and Commerce) has published a booklet entitledEssai d'une théorie opérationnelle des risques Markoviens which contains three lectures delivered by Professor Franckx in Trieste and a contribution which he presented to the 17th Congress of Actuaries, held in London in 1964.


1973 ◽  
Vol 22 (1) ◽  
pp. 91-98 ◽  
Author(s):  
Heloisa F. Peña ◽  
F.M. Salzano ◽  
Sidia M. Callegari

SummaryThe degree of genetic determination of 4 digital and 16 palmar characteristics was investigated in an unselected series of 49 MZ and 51 DZ adult twins. Low indications of heritability were obtained for the qualitative traits, but 6 of the 8 h2 estimates calculated for the quantitative measurements gave values above 0.70. In general, the results reported here are in agreement with those presented by other authors; however, the correlation coefficients observed for the A′d ridge count were lower than those of two other series. All palmar ridge counts seemed to be intercorrelated in a given individual; other expected relationships, however, were not observed. The fingerprints of MZ and DZ twins on the other hand, showed an unexplained difference.


2014 ◽  
Vol 32 (No. 6) ◽  
pp. 570-577 ◽  
Author(s):  
T. Dropa ◽  
J. Hajšlová ◽  
K. Lancová ◽  
I. Burešová

The fate of trichothecene mycotoxins deoxynivalenol (DON), T-2 and HT-2 toxins during the bread preparation and baking was investigated in order to obtain information about the influence of processing conditions on the levels of these toxins in final products. Highly artificially contaminated wheat was used to obtain flours with three contamination levels (DON 1615–398, T-2 toxin 927–160, and HT-2 toxin 258–38 μg/kg). Method for Test Baking of Wheat Flours (ICC Standard No.131) was used within the experiments for bread sample preparation. Various combinations of dough fermentation, proofing and baking times were used to prepare test breads. For determination of toxin levels in all tested matrices, HPLC–MS/MS method was employed. No substantial effect on DON levels was observed as a result of various conditions used for bread preparation and baking; maximum DON decrease 10%, compared to contaminated flour. On the other hand, significant changes in T-2/HT-2 toxin contents were found in experimental bread compared to contaminated flour; reduction of T-2 toxin concentration (30–50%) and increase of HT-2 toxin concentration (10–70%), respectively.  


10.12737/3080 ◽  
2014 ◽  
Vol 2 (1) ◽  
pp. 55-61
Author(s):  
Зеленкина ◽  
Tatyana Zelenkina

Optimized way to nurture parents’ readiness to guide vocational choice of their teenaged children is considered as a consistent element of vocational guidance potential and is scientifically proved. What makes the paper theoretically important, is the fact that the author clarifies the meaning for quite new concepts, as «family vocational guidance potential», «parents’ helpfulness», «successful vocational choice». Families are classified in terms of vocational guidance potential; several limitations in vocational choices of children in each category of families are outlined and illustrated by pictures and tables. Given the accented challenge of insufficient parents’ integration in vocational choices, made by their children, the idea of pilot testing described here, has been to use capabilities of additional professional education establishments to better preparing parents to the mission of facilitating the vocational choices of their children. As a result of parents-children cooperation, the parents are better prepared and eager to help their children in professional self-determination on one hand, while teenagers make more thoughtful vocational choices, on the other hand. Significant results and conclusions are provided, to prove reliability of researching hypothesis, put forward by the author.


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