Wirkungen der Gesamtrechtsnachfolge im Einkommensteuerrecht

2019 ◽  
Author(s):  
Veronika M. Rodenhäuser
Keyword(s):  
Income Tax ◽  
Case Law ◽  
Research Literature ◽  
Income Taxation ◽  
Tax Law ◽  
Normal Case ◽  
Inheritance Tax ◽  
Income Tax Law ◽  
The Given ◽  
Legal Entities

Inheritance has tax consequences not only with regard to inheritance tax. Whenever a testator has not completed his business, for example collecting a claimant’s fees or when business assets are sold, tensions between income tax and inheritance tax occur. Unlike in a normal case, in these cases two legal entities are involved in a fiscal matter. This work examines whether and to what extent tax-relevant facts that have been realised in the person of a testator can be validated by an heir. The contradictions in case law and research literature regarding income taxation in the case of inheritance require an analysis of the given structures and principles of income tax law. This study devotes particular attention to possible solutions de lege ferenda in cases of the transfer of hidden reserves made by a testator which are intended to counteract the elimination of the potential to offset a testator’s losses.

Die Rückabwicklung im Ertragsteuerrecht

2019 ◽  
Author(s):  
Patrick Schulz
Keyword(s):  
Income Tax ◽  
Case Law ◽  
Research Literature ◽  
Tax Law ◽  
Current Case ◽  
Income Tax Law ◽  
The Law

Income tax law lacks clear regulations in terms of what fiscal consequences can occur if an income tax issue is later reversed. It is thus left to those who apply the law to address how such reversals should be dealt with fiscally. In this regard, the solutions to this problem found in case law are constantly criticised in research literature. This study examines whether and to what extent the criticism of the case law of Germany’s fiscal courts in relation to the cancellation of income tax procedures is justified. To this end, it first presents the conditions under which the cancellation of such a procedure is applicable and what fiscal consequences it can trigger. It concludes by demanding an appropriate form of taxation for such cancellations and, in turn, the partial abandonment of the current case law of the fiscal courts.

scholarly journals Pengenaan Pajak Penghasilan (PPH) atas Peralihan Hak atas Tanah atau Bangunan

2021 ◽  
Vol 2 (3) ◽  
pp. 519-524
Author(s):  
I Ketut Gede Purnayasa ◽  
Ida Ayu Putu Widiati ◽  
Luh Putu Suryani
Keyword(s):  
Qualitative Analysis ◽  
Income Tax ◽  
Research Method ◽  
Tax Law ◽  
Legal Research ◽  
Conceptual Approach ◽  
Analysis Techniques ◽  
Income Tax Law ◽  
Materials Used ◽  
Legal Entities

The imposition of income tax on land and buildings is the imposition of tax with applicable provisions and is carried out by individuals or legal entities. The purpose of this study is to reveal the regulation regarding the imposition of income tax on the transfer of rights to land and or buildings and the mechanism for imposing income tax on the transfer of rights to land and or buildings. The research method used is normative legal research with a statutory approach and a conceptual approach. The sources of legal materials used are primary, secondary and tertiary sources of legal materials. The materials that have been obtained are then analyzed using qualitative analysis techniques where the assessment is carried out deductively, in order to produce data that is descriptive analytical. The results of the study reveal that the regulation regarding the imposition of income tax on land and buildings is carried out in accordance with the provisions in Article 4 paragraph (2) letter (d) of the Income Tax Law, in which the imposition of taxes is absolute. On this basis, the imposition of income tax including the nature, amount and procedure for its payment, as well as its withholding and collection is regulated by PP. 71 Year 2008. And the mechanism of imposition of taxes has been regulated in PP no. 34 of 2016 especially in article 2 paragraph (1).

scholarly journals Misguided Inferences? The Use of Expressio Unius to Interpret Tax Law

2014 ◽  
Vol 51 (3) ◽  
pp. 497 ◽  
Author(s):  
Tamara Larre
Keyword(s):  
Income Tax ◽  
Case Law ◽  
Tax Law ◽  
Court Decisions ◽  
Statutory Interpretation ◽  
Income Tax Law

This article explores how the interpretive canon of expressio unius has been used by the courts when interpreting the Income Tax Act, and discusses the canon’s place within the landscape of statutory interpretation of income tax law. The article reviews the existing literature to describe the canon, the assumptions on which the canon relies, and the reasons in favour of and against the canon’s use. The ultimate conclusion is there is some value in the interpretive tool, but it should be used only to prompt interpreters to ask questions instead of prompting them to draw conclusions. While canons of interpretation are generally considered textualist in nature, expressio unius type reasoning is often used as a way of taking into account the context of a particular provision. Another problem apparent in the case law is that the canon, also called implied exclusion, is often confused with the canon of implied exception. The article also examines court decisions that apply or reject the use of expressio unius when interpreting the Income Tax Act. Finally, the article proposes factors that should be considered when determining whether expressio unius should be used in a particular tax case.

A STUDY OF THE IMPACT OF SPECIAL INTEREST GROUPS ON MAJOR TAX REFORM: AGRICULTURE AND THE 1913 INCOME TAX LAW

2008 ◽  
Vol 35 (2) ◽  
pp. 71-100 ◽  
Author(s):  
Douglas K. Barney ◽  
Tonya K. Flesher
Keyword(s):  
Quantitative Analysis ◽  
Income Tax ◽  
Income Taxes ◽  
Tax Law ◽  
Special Interest Groups ◽  
Congressional Debates ◽  
Farm Population ◽  
Income Tax Law ◽  
State Income ◽  
The Impact

Farmers have benefited from unique tax treatment since the beginning of the income tax law. This paper explores agricultural influences on the passage of the income tax in 1913, using both qualitative and quantitative analysis. The results show that agricultural interests were influential in the development and passage of tax/tariff laws. The percentage of congressmen with agricultural ties explains the strong affection for agriculture. Discussion in congressional debates and in agricultural journals was passionate and patriotic in support of equity for farmers. The quantitative analysis reveals that the percentage farm population was a significant predictor of passage of the 16th Amendment by the states and of adoption of state income taxes in the 20th century.

Federal Income Tax Law

1927 ◽  
Vol 26 (2) ◽  
pp. 230
Author(s):  
George M. Morris ◽  
Roland R. Foulke
Keyword(s):  
Income Tax ◽  
Tax Law ◽  
Federal Income Tax ◽  
Income Tax Law

Distributional Effects of Taxes and Benefits in Korea

2009 ◽  
Vol 24 (1) ◽  
pp. 59-80
Author(s):  
Sung Myung Jae ◽  
Jeon Byung Mok ◽  
Jun Byung Hill
Keyword(s):  
Simulation Model ◽  
Income Tax ◽  
Tax Revenue ◽  
Tax Law ◽  
Current Version ◽  
Middle Income ◽  
Absolute Value ◽  
Consumption Decisions ◽  
Income Tax Law ◽  
Income Taxpayers

A Simulation model has been developed in Korea, named Korea Institute of Public Finance Simulation Model (KIPFSIM), which aims to estimate the effects of taxes and transfers in Korea. The current version of KIPFSIM adopts a statice approach combined with a zero-elasticity assumption that there will be no change in labor supply and consumption decisions even after changes in taxes and transfers. KIPFSIM uses a representative sample from the House-hold Income and Expenditure Survey, compiled and released by the Statistical Office of Korea. Using KIPFSIM, we hypothetical changes in taxes and transfers, which is set to be enacted in 2009 and 2010. We found that the benefit of the income tax cut is concentrated mostly on high-income taxpayers in terms of absolute value, but more on middle-income taxpayers in terms of percentage of the tax burden. Therefore, the new income tax law is considered to strengthen the progressive nature of the tax code and to lower tax burdens and tax revenue. We also found that after-income-tax income inequality, as measured by Gini coefficeint, was slightly worsened, primarily due to the decrease in income tax revenue, whice helps equalize income distribution.

scholarly journals ANALISIS PERHITUNGAN DAN PELAPORAN PPH FINAL PASAL 4 AYAT 2 ATAS BUNGA DEPOSITO DAN TABUNGAN NASABAH PADA PT. BPR MAPALUS TUMETENDEN CABANG TOMOHON

2016 ◽  
Vol 11 (2) ◽  
Author(s):  
Veronica Junisa Lolong ◽  
David Paul Elia Saerang ◽  
Hence Wokas
Keyword(s):  
Service Quality ◽  
Income Tax ◽  
Descriptive Analysis ◽  
Field Studies ◽  
Study Data ◽  
Tax Law ◽  
Income Tax Law ◽  
The Government ◽  
Tax Deduction

Income tax is one of the largest government revenues. Income Tax Law Article 4 Paragraph 2 gives a mandate to the government to impose income tax on certain earnings final. This study aims to determine how the interest calculation and interest reports and final income tax deduction on interest of savings and customer deposits at PT. BPR Mapalus Tumetenden Branch Tomohon. Descriptive analysis was employed in this study. Data were obtained by field studies. The results shows that the calculation and reports of Final Income Tax Article 4 Paragraph 2 on deposit and savings PT. BPR Mapalus Tumetenden Branch Tomohon have compiled with the laws of regulations. Leaders of PT. BPR Mapalus Tumetenden Branch Tomohon should improve the service quality to each customer, so that the customers can increase the amount of savings in bank. Keywords: calculation, reporting, deposit interest, customer savings

scholarly journals ANALISIS PERHITUNGAN DAN PELAPORAN PAJAK PENGHASILAN (PPh) DI P.T BANK SULUTGO

2017 ◽  
Vol 12 (2) ◽  
Author(s):  
Novlicia Putri Utiarahman ◽  
Jantje J. Tinangon ◽  
Dhullo Afandi
Keyword(s):  
Income Tax ◽  
Descriptive Analysis ◽  
Field Studies ◽  
Study Data ◽  
Tax Law ◽  
Government Revenue ◽  
Income Tax Law ◽  
The Law ◽  
The Government

Income tax is of the largest government revenue. Income Tax Law Article 4 Paragraph 2 gives a mandate to the government to impose income tax on certain earnings final. This study aims to determine how the calculation and report income tax  on savings, deposits, giro customer at PT. Bank SulutGo. Descriptive analysis was employed in this study. Data were obtained by field studies. The result shows that the calculation and reports income tax on savings, deposits, giro at PT. Bank SulutGo have compiled with the law of regulation. Leaders of PT. Bank SulutGo should improve the service guality to each customer, so that custumer can increase the amount of savings.Keywords : calculation, reporting, savings, deposits, giro

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