scholarly journals Tax Enforcement Procedure Under Section 104 of Personal Income Tax Act: Matters Arisings

2020 ◽  
Vol 26 (40) ◽  
pp. 156-172
Author(s):  
Kachi Bielu John

AbstractThe refusal of a taxpayer to respond or pay the tax due has always provoked the tax authority to approach the court with an ex-parte application in chambers. The result of this ex parte application arms the tax authority with a restraining order. With a detached team of policemen, the tax authority will storm the premises of the taxpayer, vandalize, forcefully drive out the tax payer and seal up the premises. All these arrangements and decisions are done behind the taxpayer. This paper examined the constitutionality of the entire procedure for the recovery of tax due to the tax payer. The paper utilized doctrinal methodology in analyzing the extant laws and case laws as they relate to the subject matter. The paper submits that decisions under section 104 PITA are too weighty to be taken in the absence of the taxpayer. The paper, therefore, recommends some sort of judicial activism by judicial officers in exercising their discretion and accommodate the interest of the taxpayer.

2018 ◽  
Vol 11 (3) ◽  
pp. 114-120
Author(s):  
D. G. Chernik

The subject of the research is the procedure for personal income taxation. The purpose of the workwas to determine which personal taxation regime is more justified: progressive or proportional. The paperprovides the reasons for the transition from the progressive to the proportional tax. The risks and possibilities of transition to the progressive scale are analyzed. It is concluded that in order to achieve social justice and improve the welfare of the majority of peoplerather thana very small part of them, it is necessary to adopt a set of economic, fiscal and administrative measures aimed at solving a single task — ensuring the social and economic development of Russia. Discrete measures, such as the introduction of the progressive personal income tax will not lead to desired results. Moreover, the progressive tax cannot be introduced unlessit is ruled by law that large spendings of citizens must correspond to their incomes.


2008 ◽  
Vol 53 (178-179) ◽  
pp. 183-197 ◽  
Author(s):  
Sasa Randjelovic

Contemporary tax theory and practice provides two fundamental concepts for taxation of personal income: scheduler and global. Several systems have been derived from these basic models, including combined, flat, dual and negative income tax. Dual income tax, the subject of this paper, requires progressive taxation of income from employment and proportional taxation of income from capital. However, strict application of this system significantly violates the principle of equitability of taxation, both horizontally and vertically.


Author(s):  
Damian Dobosz ◽  
Anna Niziołek

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.


2020 ◽  
Vol 3 (8) ◽  
pp. 69-72
Author(s):  
F. S. AGUZAROVA ◽  

The article is devoted to the taxation of income of citizens in Russia. The author determined the role and place of the personal income tax, calculating its share in the structure of budget revenues of a particular subject. The ways of improving the taxation of personal income are identified.


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