scholarly journals An investigation into the future of discretionary trusts in South Africa – An income tax perspective

2014 ◽  
Vol 7 (3) ◽  
pp. 797-818 ◽  
Author(s):  
Sophia Brink ◽  
Leonard Willemse
Keyword(s):  
South Africa ◽  
Income Tax ◽  
Tax Avoidance ◽  
Qualitative Approach ◽  
Literature Study ◽  
National Budget ◽  
Flow Through ◽  
Potential Impact ◽  
The Government ◽  
Legislative Measures

Trusts have long been associated with elaborate tax avoidance schemes, primarily as a result of their flow-through nature. In the National Budget the Minister of Finance indicated that the government was proposing several legislative measures during 2013/2014 regarding trusts to control abuse. At this stage the proposals are vague and confusing, but it is intimated that the conduit pipe principle may be under review as the proposals state that trusts should no longer act as a flow-through vehicle, meaning that the amounts distributed to the beneficiaries will no longer retain their original identity. The main objective of the research was to clarify the proposed changes to the taxation of trusts, to investigate the potential impact(s) of these proposals (albeit unclear and consequently based on certain assumptions), and to assess whether discretionary trusts still have a future in South Africa given these proposals. In order to meet this objective, a qualitative approach based on a literature study of pure theoretical aspects was used. It was found that should the proposals become law the beneficiaries will be worse off.

scholarly journals An investigation into the future of discretionary trusts in South Africa: An income tax perspective: Part 2

2017 ◽  
Vol 20 (1) ◽  
Author(s):  
Sophia M. Brink
Keyword(s):  
South Africa ◽  
South African ◽  
Income Tax ◽  
Tax Planning ◽  
Literature Study ◽  
Estate Planning ◽  
National Budget ◽  
Tax Practitioners ◽  
The Future ◽  
Legislative Measures

Background: Trusts have long been used as an estate planning mechanism, including the avoidance of estate duty and donations tax. In the 2016 National Budget the Minister of Finance indicated that Government was proposing several legislative measures during 2016/2017 to prevent individuals from using a trust to avoid estate duty (and donations tax to a certain extent). Unexpectedly, the 2016 draft Taxation Laws Amendment Bill and the final Amendment Bill did not give effect to any of these proposals, but introduced other less drastic measures to control the abuse of trusts for tax purposes, albeit with the same stated purpose.Aim: The main aim of the study was to clarify the reform proposals (albeit unclear and consequently based on certain assumptions) and to compare the reform proposals with the final amendments. This comparison will shed some light on the fairness and appropriateness of the final amendments and, more importantly, on the possibility that the reform proposals published by National Treasury in February 2016 not included in the final amendments will be enacted in the future. This investigation will assist tax practitioners and taxpayers in effective tax and estate planning, given that the reform proposals and final amendments have a possible impact on the future of discretionary trusts in South Africa.Setting: This article examines existing literature in a South African income tax environment.Methods: In order to meet this objective a qualitative approach based on a literature study of pure theoretical aspects was used.Results and conclusion: It was found that should the reform proposals become law, many trusts would become ineffective from a tax-planning perspective and these changes might erode other benefits trusts offer, jeopardising the future of discretionary trusts in South Africa.

scholarly journals Taxing Micro, Small and Medium Enterprises in Yogyakarta: Regulation and Compliance

BESTUUR ◽  
2021 ◽  
Vol 9 (1) ◽  
pp. 59
Author(s):  
Siti Rahma Novikasari ◽  
Duc Quang Ly ◽  
Kerry Gershaneck
Keyword(s):  
Tax Policy ◽  
Income Tax ◽  
Government Regulation ◽  
Small And Medium Enterprises ◽  
Tax Avoidance ◽  
Tax Compliance ◽  
Legal Compliance ◽  
The Government ◽  
Medium Enterprises ◽  
Compliance Constraints

<p>Government Regulation No. 46/2013 has not been optimal in providing legal compliance on taxation for Micro, Small, and Medium Enterprises (MSMEs), especially in Yogyakarta. This policy was evaluated and amended with Government Regulation No. 23/2018. The amendment in tax policy for MSME actors was this research background to examine: First, how does the final income tax policy impact MSME taxpayers' compliance in Yogyakarta? Second, what are the legal compliance constraints of MSME taxpayers? The method used in this research was a juridical empirical, supported with the statute and conceptual approach. The results showed that the amendment in the final income tax tariff policy from 1% to 0.5%, as well as provide legal certainty of the timeframe of taxation had a positive impact on increasing taxpayer compliance. There was an increase in the number of taxpayers to 41,000 in 2019, or an increase of 15.5% compared to the number of taxpayers in 2017. However, tariff reduction has not been the answer to taxpayer non-compliance, the Regional Office of the Directorate General of Taxes of the Special Region of Yogyakarta still found tax avoidance. Tax compliance constraints were also caused by taxpayers' distrust of the government, poor tax morale, and tax knowledge. The government needs to conduct a cooperative compliance approach in taxation policies based on trust and dialogue between taxpayers and the government to improve MSME taxpayer compliance.</p><p><strong>Keywords:</strong> Tax Compliance; Final Income Tax Regulation; Micro; Small; Medium Enterprises.</p>

scholarly journals PANDEMI COVID-19 INDONESIA: KAJIAN PEMIKIRAN, KEBIJAKAN RITUAL IBADAH, DAN EKONOMI ISLAM (MAQASID ASY-SYARIAH)

2021 ◽  
Vol 17 (2) ◽  
pp. 121-134
Author(s):  
Aziibur Rahman ◽  
Wahyu Eko Pujianto ◽  
Indra Pratama Salmon
Keyword(s):  
Analytical Data ◽  
Policy Formulation ◽  
Current Situation ◽  
Qualitative Approach ◽  
Literature Study ◽  
Community Activities ◽  
Economic Vulnerability ◽  
Muslim People ◽  
The Government ◽  
Almost All

Since Covid-19 pandemic occurred, the government and authorities in Indonesia have restricted almost all community activities in Indonesia, including various activities in houses of worship having an impact on the socio-economic vulnerability of Muslims. This study was to describe the phenomenon of the condition of Muslims affected by the pandemic, by providing a Muslim perspective as well as explaining how Islam responds to the epidemic phenomenon, restriction policies, and socio-economics. This study applied a literature study with a qualitative approach to obtain descriptive and qualitative analytical data. The data were collected through reviewing literature and data about the current situation of Covid -19 pandemic and the ongoing dynamics of Muslim people. This study was a literature study collaborating between Islamic perspectives with contemporary phenomena and theories so that they contributed to strengthening the argument that Islam and its experiences were still very relevant to today's conditions. The result showed that: first, Islam provided jabariyah and qadariyah perspectives for Muslims in responding to the pandemic phenomenon; second, Islam provided relevant perspectives in policy formulation during the pandemic, and; third, Islam emphasized that Maqasid Asy-Sharia was a strategy and concept in overcoming the economic vulnerability of the community during and after the pandemic.

scholarly journals Nonlinear Tax Elasticities And Their Implications For The Structural Budget Balance

2011 ◽  
Vol 27 (4) ◽  
pp. 113 ◽  
Author(s):  
Charl Jooste ◽  
Ruthira Naraidoo
Keyword(s):  
South Africa ◽  
Income Tax ◽  
Linear Models ◽  
Value Added ◽  
Fiscal Sustainability ◽  
Economic Cycle ◽  
Contraction Phase ◽  
The Government ◽  
Fiscal Prudence ◽  
Structural Budget

<p>Research on tax elasticities in South Africa mainly employs linear models and shows that taxes evolve symmetrically irrespective of the economic cycle. This study extends this research to show that taxes behave asymmetrically and nonlinearly during expansions and contractions. Estimated linear elasticities imply that a one percent expansion in the cycle increases personal income tax, corporate income tax and value added tax by 1.43, 2.52 and 0.99 percent, respectively. However, estimated nonlinear elasticities are significantly different. During an expansion, the above elasticities increase by 1.89, 2.76 and 2.17 percent, respectively while during a contraction phase these elasticities increase by 0.89, 0.88 and 0.82 respectively. This finding of low tax collection during economic contractions has important implications for fiscal sustainability and overall fiscal prudence in South Africa. The findings of high tax elasticities during expansions might explain the underestimation of revenue by the government.</p>

INOVASI PELAYANAN “JOSS BANGET MAS” (JEMPUT ONLINE SINGLE SUBMISSION BERSAMA INSTANSI TERKAIT DAN MALAM HARI BISA) DI DINAS PENANAMAN MODAL DAN PELAYANAN TERPADU SATU PINTU KABUPATEN BLITAR

Publika ◽  
2021 ◽  
pp. 63-76
Author(s):  
Ayu Apriliana Puspita Styareni ◽  
Eva Hany Fanida
Keyword(s):  
Data Collection ◽  
Public Service ◽  
Service Innovation ◽  
Qualitative Approach ◽  
Government Agencies ◽  
Literature Study ◽  
The Public ◽  
Descriptive Research ◽  
Remote Location ◽  
The Government

Pelayanan yang efektif dan efisien adalah tuntutan dari masyarakat kepada instansi pemerintah dalam memberikan pelayanannya. DPMPTSP Kabupaten Blitar merupakan salah satu instansi pemerintah yang meluncurkan inovasi pelayanan publik. Inovasi yang diluncurkan oleh DPMPTSP adalah Pelayanan Joss Banget Mas, yaitu Jemput Online Single Submission Bersama Instansi Terkait dan Malam Hari Bisa. Inovasi ini merupakan bukti bahwa DPMPTSP Kabupaten Blitar telah melakukan percepatan pelayanan dan sekaligus menjawab permasalahan yang dihadapi oleh masyarakat. Jauhnya lokasi kantor yang berada di tengah kota serta persyaratan yang belum diketahui banyak masyarakat menjadi dasar diluncurkannya inovasi Joss Banget Mas. Tujuan dari penelitian ini guna mendeskripsikan terkait pelayanan Joss Banget Mas. Penelitian deskriptif dengan pendekatan kualitatif merupakan jenis penelitian yang dipilih oleh peneliti dengan pengumpulan datanya menggunakan observasi, wawancara, dokumentasi dan studi kepustakaan. Hasil penelitian menunjukan bahwa inovasi pelayanan Joss Banget Mas telah beroperasi dengan baik dan sesuai dengan kebijakan PP No. 24 Tahun 2018. Selanjutnya sumber ide-ide inovasi mendapatkan masukan dari pegawai maupun masyarakat. Budaya inovasi pada inovasi Joss Banget Mas adalah penyederhanaan syarat-syarat sehingga memudahkan masyarakat dalam mendaftarkan perizinan usahanya. Selanjutnya kemampuan dan alat inovasi Joss Banget Mas cukup memadahi tetapi terdapat kekurangan pada bagian alat yang digunakan. Kemudian tujuan, hasil, pendorong dan hambatan adalah untuk mempermudah pelaku usaha dalam memperoleh perizinan berusaha, hambatannya yaitu sering terjadi error dan down pada server OSS. Terakhir, DPMPTSP Kabupaten Blitar mengadakan pelayanan mandiri kepada masyarakat guna mengumpulkan data inovasi untuk inovasi tunggal. Kata Kunci: Inovasi, Pelayanan Publik, Pelayanan Joss Banget Mas, Online Single Submission (OSS).   Effective and efficient services are demands from the community on government agencies in providing their services. DPMPTSP Blitar regency of the government agencies that has launched public service innovations. The innovation launched by the DPMPTSP Blitar Regency call as Joss Banget Mas Service with Online Single Submission Delivery with Related Agencies and Can Night. This innovation is proof that the DPMPTSP Blitar Regency and at the same time answers the problems faced by the community. The remote location of the launch of the Joss Banget Mas innovation. The purpose of this research is to describe the services related to Joss Banget Mas. Descriptive research with a qualitative approach is the type with the data collection techniques using observation, interviews, documentation and literature study. The results showed that the Joss Banget Mas service innovation had operated well and was in accordance with applicable policies. The second indicator of governance and innovation in its implementation is in accordance with PP. 24 of 2018. Furthermore, sources of innovative ideas get input from employees and the public. The culture of innovation in Joss Banget Mas innovation is the simplification of the requirements so that it makes it easier for the public to register business licenses. Furthermore, the capabilities and innovation tools of Joss Banget Mas were sufficient but there were shortcoming in the parts of the tools used. Then the objectives, results, drivers and obstacles are to make it easier for business actors to obtain business licenses, there are also obstacles, namely frequent errors and downs on the OSS server. Finally, DPMPTSP Blitar Regency provides independent services to the community to collect innovation data for a single innovation. Keywords: Innovation, Public  Service, Joss Banget Mas Service, Online Single Submission (OSS)

scholarly journals ACHIEVING OF INCOME TAX WITH AWARENESS OF TAXATION IN INDONESIA'S TAX LAW SYSTEM

2019 ◽  
Vol 8 (2) ◽  
pp. 292
Author(s):  
Putri Anggia
Keyword(s):  
Data Collection ◽  
Income Tax ◽  
Tax Compliance ◽  
Tax Law ◽  
Literature Study ◽  
Law System ◽  
Library Research ◽  
Tax Education ◽  
The Government

<em>The journey of Indonesian taxation is full of dynamics in order to get the State's revenue target as the main source of the country's economy. Furthermore fulfillment of the country's income depends on ongoing policies. However Indonesian people does not  found a point that the obligation to pay taxes is a form of voluntary awareness as citizens. This was captured by the Government as one of the points that must be observed and acted upon. The Minister of Finance Decree Number 36 / KMK.01 / 2014 concerning the Blueprint of the Ministry of Finance's Transformation Program for 2014-2025 provides space to take several steps in an effort to increase understanding of tax awareness through education. This study aims to examine in depth about tax education in the tax law system in Indonesia. The methodology used in this study is literature study that the data collection techniques, and library research aim to examine primary legal materials, secondary legal materials, and tertiary legal materials. The library materials are summarized and analyzed. This research found an assertive concept that was applied massively, consistently, and could be accepted by every society in order to succeed the goal of achieving tax awareness. It is tax compliance.</em>

scholarly journals MANAJEMEN KONTEN INSTAGRAM MILIK PEMERINTAH DALAM PROMOSI POTENSI PARIWISATA DAERAH DI KABUPATEN BANYUMAS PROVINSI JAWA TENGAH

2021 ◽  
Vol 17 (1) ◽  
Author(s):  
Wisnu Widjanarko
Keyword(s):  
Social Media ◽  
Public Relations ◽  
Qualitative Approach ◽  
Reciprocal Relationships ◽  
Central Java ◽  
Promotion System ◽  
Potential Impact ◽  
The Government ◽  
Tourism Potential ◽  
The Many

Tourism is one of the many resources owned by Banyumas Recency, a small town located in Central Java Province, which has potential impact in increasing the independence and welfare of the community. To promote Banyumas tourism, a communication medium that is in tune with the present and can built public motivation and interest in visiting the location is urgently needed. Instagram is a social media that responds as a digital communication platform that has the ability to build a reputation and sustainable reciprocal relationships with audiences/publics. This research aims to identify how to manage the Instagram account content @dinporabudpar_banyumas in supporting the tourism potential promotion system in Banyumas Regency. Using a qualitative approach and content analysis, the data were obtained through the upload documentation in Instagram from 21 September until 31 December 2019. The results showed that the uploaded content was categorized into three types, namely cultural, natural and culinary tourism. Uploaded content combines photo and video aspects with attention to informative-persuasive text narrative. This capability in management will have an impact on the development of regional development and become a form of public relations articulation for the government that takes sides in the implementation of development. Keywords: Social Media, Instagram, Public Relations, Promotion, Tourism

scholarly journals Tindakan Agresivitas Pajak dipandang dari Teori Akuntansi Positif

Owner ◽  
2022 ◽  
Vol 6 (1) ◽  
pp. 554-569
Author(s):  
Dian Sulistyorini Wulandari
Keyword(s):  
Income Tax ◽  
Positive Impact ◽  
Stock Exchange ◽  
Tax Avoidance ◽  
Capital Intensity ◽  
Tax Aggressiveness ◽  
Tax Revenues ◽  
Targeted Sampling ◽  
Fixed Assets ◽  
The Government

Taxes are one of the state's largest sources of income. For businesses, taxes are a burden that can reduce profits. The government wants high tax revenues, but businesses want low tax revenues. Therefore, this is a tax avoidance act that seeks to minimize the amount of tax a company pays for violating  or being legal. This study aims to determine how tax aggressiveness can be seen from aggressive accounting theory. The tax aggressiveness measure uses the company's ETR. This is the income tax expense divided by the profit before income tax. The sample of this survey consists of manufacturers listed on the Indonesia Stock Exchange (IDX) between 2017 and 2019. Targeted sampling was used to select the samples, and 54 companies obtained samples. The analytical method used is multiple  regression analysis. The results of this study show that the Inventory Intensity does not affect tax aggressiveness. Capital Intensity, Fixed Assets Intensity, and Firm Size have a significant positive impact on tax aggressiveness.

scholarly journals ULIL AMRI AUTHORITY ON LIMITATION OF CONGREGATIONAL WORSHIPS IN THE PANDEMIC OF COVID-19 IN PERSPECTIVE OF FIQH SIYASAH

2020 ◽  
Vol 3 (2) ◽  
pp. 123-135
Author(s):  
Mustafa MH.
Keyword(s):  
Subject Matter ◽  
Islamic Law ◽  
Qualitative Approach ◽  
Literature Study ◽  
The Subject ◽  
The Government ◽  
Muslim Communities

ABSTRACTThis article discusses the issue of limiting worship of Muslims in Indonesia, during the COVID-19 pandemic, which is regulated by Ulil Amri in Indonesia, namely the Government and Majelis Ulama Indonesia. In the regulation of restrictions on worship, it is not implemented as it should. There is a group of Muslim communities, which do not comply with the policy. This article is a literature study with a qualitative approach. The data in this study were produced from literature processing from various views of fuqaha, which is viewed from the perspective of fiqh siyasah. The results of the study concluded that Ulil Amri has full authority on social and ijtihadi (furu) issues, but not on the subject matter (ushul) of religion because it is the authority of Allah SWT as al-Shari '(maker of the Shari'a). Included in the Ulil Amri authority is issuing policies in preventing and overcoming the spread of the coronavirus in Indonesia, by implementing a policy of limiting worship, based on the fatwa from Majelis Ulama Indonesia, and with regulations issued officially by the Government.Keywords: COVID-19; Ulil Amri Authority; Worship Restrictions, Islamic Law

scholarly journals PENGENAAN PAJAK PENGHASILAN ATAS PENGALIHAN HAK ATAS TANAH DAN/ATAU BANGUNAN YANG DIIKAT DALAM PERJANJIAN PENGIKATAN JUAL BELI DIHUBUNGKAN DENGAN EASE OF DOING BUSINESS (EODB) DALAM PERSPEKTIF KEPASTIAN HUKUM

2020 ◽  
Vol 1 (2) ◽  
pp. 172-190
Author(s):  
Nadhilah Mustika ◽  
Dewi Kania Sugiharti ◽  
Purnama Trisnamansyah
Keyword(s):  
Income Tax ◽  
Tax Avoidance ◽  
Legal Certainty ◽  
Tax Collection ◽  
State Revenue ◽  
Doing Business ◽  
Ease Of Doing Business ◽  
Legal Uncertainty ◽  
The Government

ABSTRAK Salah satu komponen penilaian yang dapat mempengaruhi indeks kemudahan berusaha atau Ease of Doing Business (EoDB) dalam proses pengalihan hak atas tanah dan/atau bangunan adalah pembayaran pajak. Namun ketentuan pajak penghasilan atas pengalihan hak atas tanah dan/atau bangunan yang diatur di dalam PP No. 34 Tahun 2016 menyebabkan perubahan waktu terutang dan berpotensi menghambat kegiatan bisnis properti yang dilakukan oleh pengembang. Penelitian ini bersifat deskriptif analitis dengan menggunakan pendekatan yuridis normatif. Hasil penelitian menunjukkan urgensi pemerintah dalam menetapkan pengenaan Pajak Penghasilan (PPh) atas Pengalihan Hak atas Tanah dan/ Bangunan yang diikat dalam Perjanjian Pengikatan Jual Beli (PPJB) adalah untuk mencegah terjadinya penghindaran pajak dan sebagai sarana mempercepat pemasukan negara. Pengenaan PPh dalam pengalihan hak atas tanah dan/atau bangunan yang masih diikat dalam PPJB Bertahap tidak mencerminkan asas kesederhanaan dalam pemungutan pajak dan merupakan suatu penyimpangan norma perpajakan yang menimbulkan ketidakpastian hukum, yaitu bagi pengembang selaku pelaku usaha. Kata kunci: Pajak Penghasilan, Perjanjian Pengikatan Jual Beli (PPJB), EoDB, Kepastian Hukum ABSTRACT One component of the assessment that can affect the Ease of Doing Business (EoDB) index in the process of transferring rights to land and / or buildings is tax payment. However, the income tax provisions on the transfer of rights to land and / or buildings as stipulated in PP No. 34 of 2016 cause changes in the time owed and potentially hamper property business activities carried out by developers. This research is analytical descriptive using normative juridical approach. The results of the study indicate the urgency of the government in determining the imposition of Income Tax (PPh) on the Transfer of Land and Building Rights that are bound in Sales and Purchase Agreement (PPJB) is to prevent tax avoidance and as a means of accelerating state revenue. Imposition of Income Tax in the transfer of rights to land and / or buildings that are still bound in Gradual PPJB does not reflect the principle of simplicity in tax collection and is a deviation of tax norms that cause legal uncertainty, for developers as business actors. Keywords : Income Tax, Sales and Purchase Agreement (PPJB), EoDB, Legal Certainty

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