scholarly journals Practical Issues Regarding International Underppinnings of Tax Legislation Under the Auspices of Law No. 296/2020

2021 ◽  
Vol 27 (41) ◽  
pp. 1-16
Author(s):  
Florin Cornel Dumiter ◽  
Ștefania Amalia Jimon
Keyword(s):  
National Level ◽  
Case Law ◽  
Future Application ◽  
Tax Law ◽  
Corporate Tax ◽  
Double Taxation ◽  
Tax Legislation ◽  
Transfer Prices ◽  
International Aspects

Abstract In this article, it will be analyzed, from the perspective of doctrine and jurisprudence, the implications of some international aspects of tax legislation, under the auspices of the latest changes in the field of taxation made by Romania. For this purpose, it will be analyzed the implications of the new fiscal provisions regarding the international aspects from the perspective of Law no. 296/2020. In this sense, it will be focused upon certain issues such as international double taxation, transfer prices, affiliated businesses and corporate tax. Also, the case presented in the jurisprudence section enriched in the second part of the article comes to support the framework of the future application of the new provisions regarding certain fiscal aspects with elements of foreignness in Romania. The results of the research subsumed in this article highlight the fact that the tax legislation in Romania has had a significant improvement, especially in terms of international aspects of financial and tax law. In conclusion, both the analysis of the evolution of tax legislation and the case law presented show that there are significant improvements at a national level, both in terms of the quality of the enactment of a tax law and the way in which the provisions of the law are implemented in practice.

Die steuerliche Integration des Europäischen Binnenmarktes durch Doppelbesteuerungsabkommen

2016 ◽  
Author(s):  
Jakob Billau
Keyword(s):  
Case Law ◽  
European Market ◽  
Tax Law ◽  
Double Taxation ◽  
The Core ◽  
European Single Market ◽  
Viable Solution ◽  
Single European Market ◽  
Fundamental Freedoms ◽  
The Eu

The author offers a way to eliminate harmful double taxation within the Single European Market. Although the Single European Market has been the central core of the European unification, its completion has yet to be achieved. Particularly, double taxation between the Member States of the EU is an enduring problem without any viable solution in sight. The ECJ holds in settled case law that the fundamental freedoms comprise no ban of genuine juridical double taxation. The author examines art. 293 2nd dent EC as a possible solution. This article opens the instruments of international tax law for purposes of European tax law. The analysis concludes that the article comprises a commitment to eliminate double taxation within the European Single Market by using double tax treaties. The core of this article is drafted into a directive, transferring the analysis into current law. The author is a lawyer and a certified tax advisor in Stuttgart, Germany.

scholarly journals Exit Taxation as an Obstacle to Corporate Emigration from the Spectre of EU Tax Law

2011 ◽  
Vol 13 ◽  
pp. 245-281
Author(s):  
Christiana Hji Panayi
Keyword(s):  
Case Law ◽  
Tax Law ◽  
Investment Strategies ◽  
Cross Border ◽  
Tax Legislation ◽  
The Cross ◽  
The Impact ◽  
Direct Tax ◽  
Cross Border Movement

AbstractIn this chapter I examine how the cross-border movement of companies may be affected by some tax rules and I consider the impact of EU law on such rules. The examination is in the context of the case law of the Court of Justice and the limited EU direct tax legislation. I assess how these affect the cross-border movement of companies as well as their investment strategies. I conclude by considering whether this is a satisfactory way of dealing with the issues. The contents of this chapter are based on materials available up to 1st March 2011.

scholarly journals Exit Taxation as an Obstacle to Corporate Emigration from the Spectre of EU Tax Law

2011 ◽  
Vol 13 ◽  
pp. 245-281
Author(s):  
Christiana Hji Panayi
Keyword(s):  
Case Law ◽  
Tax Law ◽  
Investment Strategies ◽  
Cross Border ◽  
Tax Legislation ◽  
The Cross ◽  
The Impact ◽  
Direct Tax ◽  
Cross Border Movement

AbstractIn this chapter I examine how the cross-border movement of companies may be affected by some tax rules and I consider the impact of EU law on such rules. The examination is in the context of the case law of the Court of Justice and the limited EU direct tax legislation. I assess how these affect the cross-border movement of companies as well as their investment strategies. I conclude by considering whether this is a satisfactory way of dealing with the issues. The contents of this chapter are based on materials available up to 1st March 2011.

Forty Years of Tax Law in Israel

1990 ◽  
Vol 24 (3-4) ◽  
pp. 738-785 ◽  
Author(s):  
Aharon Yoran
Keyword(s):  
Tax Policy ◽  
Case Law ◽  
Tax Law ◽  
Tax System ◽  
Tax Legislation ◽  
Tax Bases

In order to determine what major developments have taken place in tax law in Israel over the last 40 years, it is first necessary to formulate criteria with which to estimate the importance or centrality of changes in tax legislation. The emphasis here is on legal developments (in legislation and case law) rather than on changes in the tax system and tax policy. In the field of taxation, legal, economic and social questions are, however, interlinked; and it is moreover, a legal tool — legislation — that determines the tax system and its composition of various tax bases.

TRANSFER FİYATLAMA UYGULAMASININ İŞLETME PERFORMANSINA ETKİSİ VE VERGİSEL AÇIDAN DEĞERLENDİRİLMESİ

2014 ◽  
Vol 1 (2) ◽  
pp. 187
Author(s):  
Serdar KUZU
Keyword(s):  
Business Performance ◽  
Transfer Pricing ◽  
Tax Law ◽  
Economic Activities ◽  
Tax System ◽  
Goods And Services ◽  
Tax Legislation ◽  
International Transactions ◽  
The Cost ◽  
The Impact

The size of international trade continues to extend rapidly from day to day as a result of the globalization process. This situation causes an increase in the economic activities of businesses in the trading area. One of the main objectives of the cost system applied in businesses is to be able to monitor the competitors and the changes that can be occured as a result of the developments in the sector. Thus, making cost accounting that is proper according to IAS / IFRS and tax legislation has become one of the strategic targets of the companies in most countries. In this respect, businesses should form their cost and pricing systems according to new regulations. Transfer pricing practice is usefull in setting the most proper price for goods that are subject to the transaction, in evaluating the performance of the responsibility centers of business, and in determining if the inter-departmental pricing system is consistent with targets of the business. The taxing powers of different countries and also the taxing powers of different institutions in a country did not overlap. Because of this reason, bringing new regulations to the tax system has become essential. The transfer pricing practice that has been incorporated into the Turkish Tax System is one of the these regulations. The transfer pricing practice which includes national and international transactions has been included in the Corporate Tax Law and Income Tax Law. The aim of this study is to analyse the impact of goods and services transfer that will occur between departments of businesses on the responsibility center and business performance, and also the impact of transfer pricing practice on the business performance on the basis of tax-related matters. As a result of the study, it can be said that transfer pricing practice has an impact on business performance in terms of both price and tax-related matters.

A Disclosure Case Study and Corporate Tax Law Analysis in Adopting IFRS 15

2018 ◽  
Vol 27 (6) ◽  
pp. 361-399
Author(s):  
Ji Myung Han ◽  
Jinbae Kim
Keyword(s):  
Tax Law ◽  
Corporate Tax

Tax Law

2019 ◽  
Author(s):  
Ol'ga Kolesnichenko
Keyword(s):  
Information Systems ◽  
Tax Law ◽  
Tax Legislation ◽  
Judicial Practice ◽  
Theoretical Approaches ◽  
Current Trends ◽  
General Part

In this tutorial, devoted to the General part of the Russian tax law, special attention is paid to the assessment of theoretical approaches to key problems and sections of tax law in accordance with current trends in the development and novelties of tax legislation, a substantive analysis of the information systems and resources used in the practice of tax authorities, with the help of which the execution of the tax obligation is ensured, the assessment of prospects for improving tax control and its certain forms, as well as the analysis of controversial situations in the application of tax legislation, taking into account the guidance of the Federal tax service of Russia and judicial practice. It is intended for students studying in the enlarged group of specialties "Jurisprudence", as well as all those who are interested in the problems of tax law in Russia

scholarly journals A tale of two citizens: The Brey-Dano proportionality gap in UK courts and tribunals

2021 ◽  
pp. 138826272110049
Author(s):  
Victoria E. Hooton
Keyword(s):  
Decision Making ◽  
National Level ◽  
Case Law ◽  
Eu Law ◽  
The Law

The role of proportionality and individual assessments in EU residency and welfare access cases has changed significantly over the course of the last decade. This article demonstrates how a search for certainty and efficiency in this area of EU law has created greater uncertainty, more legal hurdles for citizens, and less consistency in decision-making at the national level. UK case law illustrates the difficulty faced by national authorities when interpreting and applying the rules relating to welfare access and proportionality. Ultimately, the law lacks the consistency and transparency that recent CJEU case law seeks to obtain, raising the question of whether the shift from the Court's previous, more flexible, case-by-case approach was desirable after all.

The Accrual Accounting Principle and its Implications for Portuguese Tax Courts Decisions

2020 ◽  
Vol 0 (0) ◽  
Author(s):  
Daniel Taborda ◽  
João Sousa
Keyword(s):  
Tax Avoidance ◽  
Case Law ◽  
Tax Law ◽  
Income Transfer ◽  
Legal Decisions ◽  
Taxable Income ◽  
Principle Of Justice ◽  
Legal Arguments ◽  
Accounting Principle ◽  
Flexible Application

AbstractTo the best of our knowledge, this is the first paper focusing on the interpretations issued by different Portuguese courts concerning the application of the accrual principle established in the Corporate Income Tax Code.This paper uses a database of the Portuguese tax courts’ decisions and employs a case law-based research methodology to address the following question: under which circumstances the principle of justice may affect the strict application of the accrual principle? After collecting twenty-four legal decisions related to the application of the accrual principle outlined in tax law, this paper summarises eleven, grouping them according to the different issues under dispute. This analysis also includes the confrontation of the assumptions used by the tax authority and the claims of the taxpayers, identifying and discussing the legal arguments to override the strict application of the accrual principle.The main conclusion is that Portuguese courts may summon the principle of justice in taxation when taxpayers violate the accrual principle, in order to prevent unfair corrections to taxable income performed in tax audits. This paper found that the tax authority typically demands a rigid use of the accrual principle while the taxpayers often argue for a more flexible application. This last perspective has been adopted by the tax courts in certain circumstances, in particular when taxable income transfer was not motivated by tax avoidance.

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