雖然1997年司法院大法官作成釋字第420號解釋，首次肯認「實質課稅原則」，但直至2009年5月13日立法院才終於增定稅捐稽徵法12條之一，將實質課稅原則納入法規，解決以往在租稅法律主義下缺乏法源根據的困境，使稽徵人員在民眾所採取的交易形式外觀上雖然不符合租稅構成要件，但實際上只要與常規交易下具有相同經濟實質時，能直接針對經濟實質予以課稅。 本研究利用我國五區國稅局十年統計資料，加入政策虛擬變數、時間趨勢變數以及其交互項進行迴歸分析，根據最小平方法(OLS)及固定最小平方虛擬變數模型(LSDV)，探討實質課稅原則入法後，因為稽徵執行力的提升，以平均罰鍰衡量納稅義務人租稅遵從度是否受到改變。 結果顯示實質課稅原則變數對於罰款變動有顯著正向效果，即增訂稅捐稽徵法12條之一更符合租稅法律主義，有助於稅捐單位稽徵效力的提升，所以可以顯著增加罰款收入；此外，本研究也發現實質課稅虛擬變數和時間趨勢交互項顯著為負，表示納稅義務人隨時間增加逐漸意識到稅捐稽徵法12條之一的重要性，故會減少規避行為使平均罰款額下降，顯示政府政策的執行會受到時間影響而產生不同效果。 / The concept of The Principle of Substantive Taxation got approval from No. 420 constitutional interpretation by the Grand Justices in 1997 for the first time, but not until May 13, 2009 did the legislature promulgated 12-1 of the Tax Collection Act in article. Take the Principle of Substantive Taxation into legislation, tax collector have more convincing reasons to solve the dilemma of “Principle of Taxation under the Law”. Most important, it emphasizes the beneficiaries of economic substance as taxpayers, instead of according to the surface of tax regulations to determine the taxpayers. This study use panel data from National Tax Administration of five regions to examine the effects of the legislature promulgated 12-1 of the Tax Collection Act in 2009. We adopt the methods of ordinary least squares (OLS) and Least Square Dummy Variable Model (LSDV), and adding the reform dummy variables, time trend variable and its interaction term into regression to examine whether the enhancement of tax enforcement could increase the average fines or not. The results show that the reform dummy variable has a positive and significant impact on tax evasion collections per fine, that is formulated 12-1 of the Tax Collection Act more in line with the Principle of Taxation under the Law. Besides, the interaction term of reform dummy variable and time trend variable has a negative effect on per fine, which means that taxpayers gradually realize the importance of the regulation over time after the reform. Therefore, taxpayers will reduce tax evasion behavior to decrease the fine collections.

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No. of bitstreams: 1 61080200038.pdf: 1247411 bytes, checksum: b4f058aadbdeec278040deca52f4f902 (MD5) Previous issue date: 2010-04-22 / In this paper, we present the conclusions drawn from a research on case law conducted with the Administrative Board for Tax Appeals, through which we could identify some of the characteristics involved in tax-planning transactions that tend to be deemed either legally grounded or groundless against Tax Authorities. Thus, the existence of inconsistent transactions made in a short period of time, combined with the existence of a regular alternative way which proves more burdensome and which may lead to the same results achieved through those transactions made by taxpayers, as well as the existence of related parties, shell companies, fictitious companies, companies domiciled in tax havens, the neutralization of undesired effects, the exercise of unusual transactions and transactions that stray from the purposes of the typical legal businesses involved, are elements that, among others, tend to influence the outcome of cases. We also verified that, in addition to some inconsistencies found, transactions bearing the same characteristics tend to produce the same result as regards the legality of the transactions. However, the legal institutions applied to serve as the basis for such result (such as simulation, abuse of right, business purpose, etc.) vary greatly and present no uniformity. We have found that the institutions themselves, as they have been dealt with in the judgments, were mixed up and no longer find conceptual correspondence with the legal institutes known by scholars. The majority of judgments demonstrated a hybrid institute: a simulation resulting from the inconsistency between the form and its substance and/or resulting from the absence of business purpose. Finally, after having mentioned the characteristics and challenges of the current regulatory model for transactions involving tax planning in our legal system, we have compared the incentives furnished by the possible configurations that can be afforded to the mechanisms that regulate the conducts examined, and we concluded that an enforcement strategy prioritizing the regulation of these conducts based on threatening to adopt severe and unusual penalties is unable to fight the needs of Brazilian reality. Therefore, we understand that a model that prioritizes the capacity to detect infractions, by requiring information transparency and disclosure, and which also avails itself of responsive regulation strategies is the most suitable to serve such needs. / No presente trabalho, apresentamos as conclusões de uma pesquisa jurisprudencial que realizamos junto ao Conselho Administrativo de Recursos Fiscais, por meio da qual foi possível identificar algumas características para as operações de planejamento tributário que tendem a ser julgadas oponíveis ou não oponíveis ao Fisco. Assim, a existência de operações incongruentes entre si praticadas num curto intervalo de tempo, associada à existência de um caminho alternativo usual mais oneroso e apto a alcançar os mesmos resultados das operações realizadas pelo contribuinte, bem como a existência de partes relacionadas, sociedades aparentes, sociedades fictícias, sociedades residentes em paraísos fiscais, a neutralização de efeitos indesejáveis, a prática de operações não-usuais e que se desviam da finalidade dos negócios jurídicos típicos envolvidos são propriedades que, dentre outras, tendem a influenciar o resultado dos julgados. Verificamos, também, que, a par de algumas incoerências encontradas, as operações com as mesmas características tendem a ter o mesmo desfecho quanto à legitimidade das operações, porém os institutos utilizados para fundamentar tal resultado (como simulação, abuso de direito, propósito negocial, etc.) não mantêm uma uniformidade. Constatamos que os próprios institutos, da forma pela qual vêm sendo manejados nas decisões, foram misturados e não encontram mais correspondência conceitual com as figuras conhecidas pela doutrina. Na maioria dos julgados foi possível identificar um instituto híbrido: a simulação decorrente do descompasso entre a forma e a sua substância e/ou decorrente da ausência de propósito negocial. Por fim, após apontarmos as características e desafios do atual modelo regulatório das operações de planejamento tributário no nosso sistema jurídico, comparamos os incentivos fornecidos pelas possíveis configurações que se pode dar aos mecanismos regulatórios das condutas estudadas e concluímos que uma estratégia de 'enforcement' que prioriza a regulação destas condutas por meio da ameaça de severas e raras penalidades não consegue fazer frente às demandas da realidade brasileira. Assim, entendemos que um modelo que priorize a capacidade de detecção das infrações, através de exigências de transparência e de abertura de informações ('disclosure'), e que também se vale de estratégias de 'responsive regulation' é o mais adequado a atender a tais demandas.

This thesis deals with the real content of legal acts and its evaluation, identification and demonstration by the tax administrator. The aim is to determine which legal institutes are used in the tax administrator's control. Also if it uses the institute of the real content of legal acts and if it uses the correct way according to analysis of Czech law. The first part sets out the legal act, the second part sets out the interpretation of legal acts. The forms of the minimalization of the tax liability is set out in the third part, the greatest emphasis is on tax avoidance and tax evasion. The last part analyzes the most important law cases where the tax administrator argued one of the institutes simulated legal act, dissimulated legal act, evasion of the law, law abuse or tax avoidance by another method.

The thesis deals with international cooperation in the fight against tax evasion in the field of direct taxation at the level of OECD and EU. First, the thesis explains why international tax evasion occurs, what the most common forms of tax evasion are and also how multinational companies use international, sometimes even aggressive, tax planning to reduce the tax burden. The next section specifies diverse measures already adopted within the OECD and the EU and also those that are still in preparation. Any action taken at the international level is put into context with what the Czech Republic has already introduced. Mutual exchange of information between countries is one of the most important tools in the fight against tax evasion. That is why an analysis of spontaneous exchange of information and on request between CZ and other cooperating countries was carried out in the last part of the thesis. The analysis was carried out on the basis of publicly available data from Annual Reports of Financial Administration of the Czech Republic and also on the basis of data which were received from the Department of international tax cooperation - direct taxes of General Financial Directorate.

This diploma work focuses on the context of value added tax and accounting. The first part is devoted to the description of the sales tax and its difference from the value added tax. The sales tax was replaced with value added tax by the European Union so it is under the harmonization process control, which is briefly mentioned in the work. Furthermore diploma work contains general principles on which value added tax works, and describes the development of the reverse charge procedure, which is used for domestic transactions. Attention is also paid to the issues of tax evasion and fight against them. The last part focuses on the relationship between value added tax and accounting. Difference between tax and accounting documents, diagrams showing the charging of value added tax and the relationship between the revenues and the date of the chargeable event are mentioned.

The diploma thesis deals with the finding and evaluation of the usefulness and influence of tax authority tools in the Czech Republic and in selected countries of the European Union according to similar indicators. The aim of the thesis is to analyze the effectiveness and utility of the tools used. The number of information in the international exchange of information is compared and the number of tax subjects in the gray economy and their involvement in tax evasion is evaluated. The theoretical part defines core elements of the diploma thesis which are the value added tax, the VAT GAP and the division of tax authority instruments. Concurrently, it describes related mechanisms which shall ensure the elimination of tax evasion. The practical part analyzes selected instruments and their values that the tax authority has at its disposal to combat tax evasion. From the output data, the VAT GAP is estimated using a calculation using the gross domestic product adjustment method. All results found within the Czech Republic will be compared with available comparable data in the EU countries. To conclude, the results are valorized, and instruments are evaluated internationally. It is estimated the amount of the VAT GAP and the possible prediction of future developments.

El presente trabajo de investigación busca indagar los posibles impactos tributarios que tiene El régimen especial del impuesto a la renta (RER) en la informalidad de las empresas comerciales del sector textil en el distrito de Los Olivos, año 2019. Debido al alto índice de informalidad que existe en los últimos años en el Perú. El principal objetivo es determinar cuál es el efecto tributario del régimen especial del impuesto a la renta (RER) en la informalidad de las empresas comerciales del sector textil en el distrito de Los Olivos, en el año 2019; específicamente, determinar la afectación tributaria y el desconocimiento el Régimen especial del impuesto a la renta. De esta manera el trabajo se desarrolló en seis secciones, en el Capítulo I, Marco teórico, en donde se definieron las palabras claves relacionadas al tema principal; luego el Capítulo II, Plan de investigación, en donde se identificaron los problemas principales y específicos del tema desarrollado; posteriormente el Capítulo III, Metodología de la investigación, donde se define el tipo de investigación a utilizar y el tamaño de muestra para los respectivos análisis cuantitativo y cualitativo. Por consiguiente, en el Capítulo IV, Desarrollo de la investigación, se desarrolló la aplicación de los instrumentos en caso práctico para evaluar el impacto tributario. Asimismo, en el Capítulo V, Análisis de los resultados, de desarrollo en análisis de los resultados cuantitativos y cualitativos desarrollados. Finalmente, en el Capítulo VI, Concusiones y recomendaciones, se desarrolló el análisis final de toda la investigación. / This research work seeks to investigate the possible tax impacts that the special income tax regime has on the informality of commercial companies in the textile sector in the Los Olivos district, year 2019. Due to the high rate of informality that exists in recent years in Peru. The main objective is to determine what is the tax effect of the special income tax regime on the informality of commercial companies in the textile sector in the Los Olivos district, in 2019; specifically, determine the tax impact and ignorance of the special income tax regime. In this way, the work was developed in six sections, in Chapter I, Theoretical framework, where the keywords related to the main topic were defined; then Chapter II, Research Plan, where the main and specific problems of the developed topic were identified; then Chapter III, Research Methodology, where the type of research to be used and the sample size for the respective quantitative and qualitative analysis are defined. Therefore, in Chapter IV, Research development, the application of the instruments was developed in a practical case to evaluate the tax impact. Also, in Chapter V, Analysis of the results, from development to analysis of the quantitative and qualitative results developed. Finally, in Chapter VI, Concussions and Recommendations, the final analysis of the entire investigation was developed. / Tesis

This master thesis deals with the characteristics of tax havens, approach beneficiary companies and way of their use and potential abuse. The first part defines basic terms, which are tax havens are closely linked. The second part is devoted to the characterization chosen tax havens in different areas of model-based taxation example of two types of companies. The third part contains the suggestions and recommendations for setting up a company in a tax haven.

This work entails a study of some of the schemes that are employed by country residents when companies and trusts are used as vehicles for investing in offshore tax-haven and low tax jurisdictions so as to avoid taxes. The study also entails a critical analysis of the effectiveness of the some of the laws in South Africa that curb such offshore tax avoidance schemes. Similar laws in the United Kingdom and in the United States are analysed in order to come up with some recommendations that could be considered for possible reform of the relevant South African laws where they are found wanting. Since offshore tax avoidance is an international issue, the effectiveness of the recommendations of some international organisations in preventing the depletion of countries' tax bases are also analysed. / JURISPRUDENCE / LLD

It is a well-known fact that criminals derive an income from their illegal activities, live lavish lifestyles, flaunt their wealth for all to see and acquire luxury goods. It is also a well known fact that criminals living from the proceeds of crime do not want to not want to keep financial records of their transactions or illegitimate business for fear of being detected by the authorities and to escape being taxed. It is also a known fact that criminals do not declare income from criminal activities for income tax purposes to the revenue authorities for fear of the illegal origin of the income being made known to the investigating authorities and law enforcement. During the investigation of financial crimes, such as tax evasion and money laundering, it may be required that the amount or value of money, income or assets accrued by a subject is determined in order to determine for instance their liability to pay tax. This research project examines the Net Worth method as an indirect method to circumstantially quantify income during the investigation of financial crime. / Police Practice / M.Tech. (Forensic Investigation)