scholarly journals Exemption of Polish Local Government Units and their Unions from Corporate Income Tax – The Fundamentals, Evolution of Solutions and Legal Framework

2019 ◽  
pp. 457-466
Author(s):  
Ofiarska Małgorzata
Keyword(s):  
Local Government ◽  
Income Tax ◽  
Legal Framework ◽  
Corporate Income Tax ◽  
Protective Function ◽  
The Public ◽  
Tax Legislation ◽  
Judicial Practice ◽  
Regulatory Law ◽  
Income Tax Law

Local government units and their unions as income earning legal entities are subject to the provisions of the Act on corporate income tax. Being subject to income tax law translates also to the opportunity of benefiting from tax privileges established by the law. The establishment and application of tax preferences on income of local government units and their unions is an important instrument in supporting their efforts to perform important – in social and economic terms – public tasks. Tax privileges also serve an important protective function with regard to the public funds being managed by local government units and their unions. To ascertain the fundamentals and the scope of the regulatory law regarding subjective and objective tax exemptions addressed to local government units and their unions, as well as the way in which these regulations evolve, the tax legislation and judicial practice were analysed and the reference literature was reviewed with the application of the dogmatic-legal and empirical methods. The hypothesis on the conditional nature of tax exemption and the need for strict interpretation thereof was proven to be correct. The inability to apply such exemptions in metropolitan unions, which can be interpreted as discriminatory, was evaluated critically. Moreover, it has been proven that the provision of statutory income tax exemption thresholds to local government units and their unions is an overly complicated process since the Act income tax incorporates references to the provisions of the Act on the income of local government units which do not conclusively determine the revenue sources of these entities.

scholarly journals Exemption of Heritage Properties in Poland from Property Tax – The Fundamentals, Evolution of Solutions and Legal Framework

2019 ◽  
pp. 467-476
Author(s):  
Zbigniew Ofiarski
Keyword(s):  
Legal Status ◽  
Financial Incentive ◽  
Property Tax ◽  
Legal Framework ◽  
Tax Legislation ◽  
Tax Incentive ◽  
Systemic Analysis ◽  
Judicial Practice ◽  
Regulatory Law ◽  
Heritage Buildings

Protection of historic properties is a public task which in Poland is performed by state bodies and local authorities. It consists in, inter alia, provision of legal, organisational and financial conditions which allow for long-term protection, restoration, utilisation and maintenance of heritage buildings. Provision of tax preferences towards historic properties is an important financial incentive for entities engaged in historic preservation and operating outside the public finance sector (in particular non-governmental organisations and natural persons). To determine the nature and scope of the tax preference, a systemic analysis of the Act on protection and maintenance of historical monuments and the Act on taxes and local fees is required. To ascertain the fundamentals and the scope of the regulatory law regarding heritage property tax exemption, as well as the way in which the legal regulations have developed, the tax legislation and judicial practice were analysed and the reference literature was reviewed with the application of the dogmatic-legal and empirical methods. The hypothesis on the conditional nature of the tax exemption was proven to be correct. Concurrently, it was shown that the fulfilment of statutory tax exemption conditions makes the taxpayer eligible for the tax incentive regardless of his/her legal status and involvement in other activities.

E-Government in Namibia

2015 ◽  
pp. 196-215 ◽  
Author(s):  
Cathrine T. Nengomasha ◽  
Wilhelm E. Uutoni
Keyword(s):  
Local Government ◽  
Literature Review ◽  
Implementation Strategy ◽  
Legal Framework ◽  
Access To Information ◽  
The Public ◽  
Physical Context ◽  
The Creation ◽  
Desk Research

This chapter discusses e-government initiatives in Namibia. A literature review shows that worldwide most e-government initiatives at national and local government are associated with the creation of websites with the aim of enhancing access to information. Whilst most governments are at this stage, a few have moved on to the stage of providing personalised e-services. The chapter provides the physical context, e-government readiness status, including the legal framework, and the implementation of e-government in Namibia. It also looks at the public or citizens' awareness of e-government. Using desk research, the chapter presents indicators used in e-government readiness assessments from various studies to show the level of Namibia's e-government adoption. A number of the indicators reflect some of the factors that hinder Namibia's progress in e-government implementation. In Namibia's case, some of these include the low usage of ICTs and affordability. The study concludes that Namibia is still at level one of its four-phase e-government implementation strategy.

scholarly journals Influence of Rules for Computing Corporate Income Tax on the Accuracy of Financial Statements of Lithuanian Companies

2016 ◽  
Vol 63 (1) ◽  
pp. 65-81 ◽  
Author(s):  
Gintaras Cernius ◽  
Liucija Birskyte ◽  
Arturas Balkevicius
Keyword(s):  
Income Tax ◽  
Business Performance ◽  
Financial Statements ◽  
Corporate Income Tax ◽  
Tax Law ◽  
Accounting Principles ◽  
Tax Returns ◽  
Income Tax Law ◽  
Accounting Rules ◽  
Financial Transactions

Companies in Lithuania have to follow Business Accounting Standards (BAS) when preparing their financial statements. Recording financial transactions according to BAS ensures that the information a company shares with potential lenders and investors gives a true and fair view of its business situation. However, the tax law prescribes its own set of accounting rules, which can result in a difference between what a business shows in financial statements and what it reports on its tax returns. This paper examines whether Lithuanian companies predominantly use tax accounting principles that migrate into their financial statements to create an inaccurate picture of business performance. The method of experts’ evaluation was chosen for that purpose. The results indicate that Lithuanian companies tend to heavily rely on accounting principles prescribed in corporate income tax law thus distorting information contained in financial statements. The paper contributes to the scarce literature on this issue of high relevance to both academics and practitioners.

scholarly journals REKONSTRUKSI SISTEM PEMUNGUTAN PAJAK PENGHASILAN (PPH) BADAN BERBASIS NILAI KEADILAN

2011 ◽  
Vol 11 (Edsus) ◽  
Author(s):  
Amin Purnawan
Keyword(s):  
Income Tax ◽  
Corporate Income Tax ◽  
Tax Law ◽  
Tax Burden ◽  
New Paradigm ◽  
Rate System ◽  
Corporation Tax ◽  
Taxation Policy ◽  
Equilibrium Relationship ◽  
Income Tax Law

Fairness in taxation policy can be viewed from: first, the equilibrium relationship between tax authorities and taxpayers,  secondly, equitable allocation of the tax burden on various segments of society according to his ability. Corporate income tax collection system did not reflect the sense of justice because the application of the single rate system of corporation tax burden caused injustice, and the authority of the tax authorities are still too broad. It needs political reconstruction based corporate income tax law of justice based on Pancasila, through structuring and strengthening aspects of philosophy, the subtance and structure of tax law. Progressive tax law by using a new paradigm is expected to display the figure of taxation more equitable and humane, so as to promote awareness of voluntary compliance from tax payer, followed by transparency and responsibility of countries to achieve people’s welfare. Keywords: Reconstruction, Corporate Income Taxes, Juctice

scholarly journals The Relevance of Improving the Legal Framework for Penal Sanctions and Their Accounting

2019 ◽  
Vol 12 (1) ◽  
pp. 120-126
Author(s):  
V. G. Getman
Keyword(s):  
Legal Framework ◽  
Point Of View ◽  
Tax Legislation ◽  
Judicial Practice ◽  
Tax Audit ◽  
Business Entities ◽  
Contractual Obligations ◽  
A Minor ◽  
Penal Sanctions ◽  
Legal Entities

The subject of the researchis the procedure for imposing penalties on business entities.The relevanceof the paper lies in the fact that nowadays there is an urgent need to streamline the current legislation in the part of establishing the responsibility of organizations for breach of tax legislation, especially for lesser breaches punishable by minor fines usually appealed against by organizations involved thereby overloading the work of courts.The purpose of the researchwas critical assessment of individual legislative provisions relating to the imposition of minor fines on legal entities doing business in disputable situations, cases of which are often brought on to courts on the initiative of the heads of organizations. Judicial practice on them is not uniform. Regarding identical cases, some district arbitration courts decide in favor of business entities, while others support claims of tax authorities. Nor is the Russian Ministry of Finance always consistent in explanations on these issues in its official letters. In a number of cases, they happened to change their point of view regarding the fine imposing procedure for a quite opposed position. Therefore, there is a need to clarify certain rules of imposing fines on legal entities following the results of a field tax audit as well as for breach of contractual obligations.It is concludedthat the current tax legislation is imperfect in the part of imposition of penal sanctions. It is proposed to introduce a special provision about the penalty charged on the management of legal entities who loose disputable law breach cases in court followed by imposition of a minor fine. The procedure for accounting fines, penalties for breach of contractual obligations in corporate tax calculations is considered and its shortcomings are revealed. A new procedure for the accounting of penalties is proposed.

scholarly journals THE EFFECTS OF LABOUR COSTS REDUCTION ON FOREIGN INVESTMENT IN ROMANIA

2019 ◽  
Vol 19 (3) ◽  
pp. 129-137
Author(s):  
Adina TRANDAFIR
Keyword(s):  
Foreign Investment ◽  
Income Tax ◽  
Econometric Analysis ◽  
Corporate Income Tax ◽  
Foreign Investments ◽  
Tax Legislation ◽  
Labour Costs ◽  
Legislative Changes ◽  
Fiscal Pressure ◽  
The Impact

This article addresses the issue of changes in tax legislation in our country over the last 20 months, in view of the effect they have on the level of foreign investment. The article presents, besides the actual legislative changes and the evolution registered in this period by foreign investments, also the fiscal pressure in the field of contributions, VAT and corporate income tax. The paper presents an econometric analysis that seeks to highlight the impact of the fiscal pressure of the above mentioned taxes on the FDI level recorded in Romania between January 2017 and August 2018.

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