Submitted by Biblioteca Central (biblioteca@unicap.br) on 2017-10-05T18:27:24Z No. of bitstreams: 1 albert_august_walter_van_drunen.pdf: 4227149 bytes, checksum: 0eb6076b3c70045f41efb15018c3bc06 (MD5) / Made available in DSpace on 2017-10-05T18:27:24Z (GMT). No. of bitstreams: 1 albert_august_walter_van_drunen.pdf: 4227149 bytes, checksum: 0eb6076b3c70045f41efb15018c3bc06 (MD5) Previous issue date: 2017-06-27 / Brazil has adopted a severe fiscal austerity regime as a means of combating the economic crisis through Constitutional Amendment No. 95/2016. In order to provide other solutions to deal with the crisis, especially in the Municipalities, since they are not covered by this constitutional amendment and also feel the effects of this serious crisis, the form of graduation of the ability to pay was analyzed, through of tax progressivity, in the IMI, considering only the urban buildings, one of the instruments used by this country in facing the crisis in 2016, after a disastrous experiment with an austerity regime in the period of 2011 to 2015, in addition to the verification of the possibility of applying this form of graduation of the ability to pay in the Tax on Urban Property and Land - IPTU of the Municipality of Recife / PE. The analysis was carried out with the use of bibliographical and documentary research, as well as the analysis of data provided by the Real Estate Registry of the Tax Unit of the Finance Department of the Municipality of Recife referring to the IPTU venous amounts and the Inter vivos Onerous Transmission Tax - ITBI, in the year 2015, a descriptive and explanatory analysis of all the material, as a way of verifying, starting from the question "would cause offense to the CRFB/88 the application of the form of graduation of the ability to pay, through the fiscal progressivity, carried out in IMI, in Portugal, in the IPTU of the Municipality of Recife / PE? ", the hypothesis that this form of graduation could be applied to the IPTU of the Municipality of Recife / PE. At the end of the analysis, this hypothesis was confirmed, and it was verified that more objectivity could be given in determining the IPTU calculation base, since the current way of establishing the tax base of this tax generates many difficulties for the taxpayer to understand the launch of the tax, in addition to presenting the inadequacy of the form of graduation of the ability to pay, through fiscal progressivity, performed by the Municipality of Recife / PE, considering the data of 2015. Finally, examples of how to improve the graduation of the ability to pay through fiscal progressivity in the Municipality. / O Brasil adotou como forma de combate à crise econômica um severo regime de austeridade fiscal através da Emenda Constitucional nº 95/2016. Com o intuito de fornecer outras soluções para o enfrentamento da crise, principalmente, nos Municípios, uma vez que não são abrangidos por aquela emenda constitucional e também sentem os efeitos dessa grave crise, analisou-se a forma de graduação da capacidade contributiva realizada, através da progressividade fiscal, no Imposto Municipal sobre Imóveis de Portugal - IMI, considerando apenas os prédios urbanos, um dos instrumentos utilizados por este país no enfrentamento da crise no ano de 2016, após uma experiência desastrosa com um regime de austeridade no período de 2011 a 2015, além da verificação da possibilidade de aplicação dessa forma de graduação da capacidade contributiva no Imposto sobre a Propriedade Predial e Territorial Urbana - IPTU do Município do Recife/PE. A análise foi realizada com a utilização de pesquisas bibliográfica e documental, além da análise de dados fornecidos pelo Cadastro Imobiliário da Unidade de Tributos da Secretaria de Finanças do Município do Recife referentes aos valores venais do IPTU e do Imposto sobre a Transmissão Onerosa Inter Vivos – ITBI, deste Município, no ano de 2015, procedendo-se a uma análise descritiva e explicativa de todo o material, como forma de verificar, partindo-se da pergunta “causaria ofensa à CRFB/88 a aplicação da forma de graduação da capacidade contributiva, através da progressividade fiscal, realizada no IMI, em Portugal, no IPTU do Município do Recife/PE?”, a hipótese de que poderia ser aplicada tal forma de graduação ao IPTU do Município do Recife/PE. Ao final da análise, restou-se confirmada esta hipótese, inclusive, verificando-se que poderia ser conferida maior objetividade na fixação da base de cálculo do IPTU, já que a atual forma de fixação da base de cálculo desse imposto gera muitas dificuldades para o contribuinte compreender o lançamento do imposto, além de se apresentar a inadequação da forma de graduação da capacidade contributiva, através da progressividade fiscal, realizada pelo Município do Recife/PE, considerando os dados de 2015. Por fim, apresentam-se exemplos de como melhorar a graduação da capacidade contributiva por meio da progressividade fiscal no Município.

À la suite des sollicitations internationales et européennes, les systèmes juridiques nationaux ont tenté de faire pénétrer l’environnement dans la structure ontologique de la fiscalité. Cette recherche explore les moyens par lesquels les instruments fiscaux – à la fois en termes de prélèvements et de dépenses – peuvent aider les États à atteindre leurs engagements en matière environnementale. C’est donc la signification de fiscalité environnementale qu’il s’agit d’individualiser, son essence et les caractéristiques de son mode opératoire. La fiscalité et l’environnement sont liés par une relation qui a évolué au fil du temps. Après avoir examiné ses origines économiques, qui ont ensuite trouvé leur place dans le droit positif, le cœur de cette recherche doctorale portera sur l’analyse juridique de l’écotaxe et de la dépense fiscale environnementale pour les évaluer à l’épreuve des principes fiscaux nationaux et européens. / Environmental taxation can contribute effectively to the achievement of international and European environmental objectives, and this research aims to examine its nature, characteristics and effects. Taxation and environment are linked by an old relationship, which has changed over time. It started for economic reasons and then found its place also in juridical principles. This research applies a broader approach to the concept of environmental taxation, focusing on the analysis of environmental taxes and tax expenditures, to evaluate their compatibility with national and European tax law principle.

Diploma Thesis Registration of Sales de lege ferenda Júdit Zatloukalová ABSTRACT This diploma thesis deals with the current legal regulation of electronic registration of sales in the Czech Republic, and especially with its planned amendment. At the end of 2017, the Constitutional Court had a significant impact on the legal regulation when its Decision file no. Pl. ÚS 26/16 revoked several provisions of the Act No. 112/2016 Coll. In the legislative process, as of the date of the manuscript closing, there is a government amendment to the Act concerned, which represents the legislative response of the Ministry of Finance to this Decision. The text is divided into six parts. After a general introduction to the registration of sales in the first part, there is an analysis of the Czech legislation in parts 2 to 4, first the de lege lata and then the submitted amendment in the light of the Constitutional Court's Decision on the Act. The following fifth part is devoted to the Slovak legal regulation of sales records, especially to the consequences of the recent amendment to the Act No. 289/2008 Coll., on Use of Electronic Cash Register. This amendment introduced the on-line eKasa system, which builds on many years of experience with the cash register system. In the last sixth part, the author analyses the...

In the understanding of the author tax law and social security laws are studied in general separately. The author agrees with many doctrine authors that find it ‘surprising’ as this is a complete and linked issue, that all remote worker even cross-border/frontier workers face. However, it is worth mentioning here, for future reference and for the understanding in the continuity of this paper, is that remote worker and cross-border - frontier worker have usually different rules surrounding them. Additionally it may seem unusual for the reader to link digitalization of the economy and all its development with remote work; tax law and social security but in the eyes of the author it is all in some way linked. Firstly, developments in the digital world and its impact in economy transcendance in mobility of individuals. Which gives principally, the opportunities for employees to work from a remote place. Secondly, again in the eyes of the author, especially after the courses taken during this master year and in concordance with all the research done for this study; tax law and social security law are linked with each other. In conjunction the author finds it useful to study the issue born from the difficulty of tax allocation in regards to remote worker and the lack of compatibility between the social security legal system and the tax legal system. It is the purpose of this thesis to analyse and study these topics separately and then discuss throughout the paper the issues that may affect individuals especially remote workers but also states especially in our post pandemic states.

La liquidez y rentabilidad es de vital importancia en toda organización. Mantener estos indicadores financieros con resultados positivos, es señal de buena salud económica, por lo cual toda entidad se hace atractiva en el mercado. Adicionalmente, contribuir con la recaudación de impuestos, realizando las declaraciones y pagos de forma puntual y transparente no solo es relevante para la recaudación del Estado porque contribuye con la caja fiscal, sino también para los contribuyentes porque mitiga contingencias tributarias que a corto o largo plazo afectaría negativamente los indicadores anteriormente mencionados. En la actualidad gran parte de empresas, entre ellas las PYMES del sector gráfico del distrito de Breña, son susceptibles a no cumplir con las disposiciones del Código Tributario y a los lineamientos de la Ley del Impuesto a la Renta, en consecuencia, cometen infracciones que conlleven a multas o sanciones que perjudican significativamente su economía. Por tal motivo, el presente trabajo de investigación tiene por finalidad demostrar como el cumplimiento de las obligaciones tributarias contribuye a proteger la liquidez y rentabilidad de este sector. Por consiguiente, desarrollamos cuatro capítulos que nos permitirán ahondar en la importancia del cumplimiento de las obligaciones tributarias, así como las conclusiones y recomendaciones del trabajo realizado. / Liquidity and profitability are of vital importance in any organization. Maintaining these financial indicators with positive results is a sign of good economic health, which is why every entity becomes attractive in the market. Additionally, contributing to the collection of taxes, making declarations and payments in a punctual and transparent way is not only relevant for the collection of the State because it contributes to the fiscal box, but also for taxpayers because it mitigates tax contingencies that in the short or long term it would negatively affect the indicators. At present, a large part of companies, including SMEs in the graphic sector of the Breña district, are susceptible to not complying with the provisions of the Tax Code and the guidelines of the Income Tax Law, consequently, they commit infractions that entail to fines or penalties that significantly harm your economy. For this reason, the purpose of this research work is to demonstrate how tax compliance contributes to protecting the liquidity and profitability of this sector. Consequently, we have developed four chapters that will allow us to delve into the importance of compliance with the tax obligations, as well as the conclusions and recommendations of the work carried out. / Tesis

Bibliography: pages 133-135. / There is an administrative law relationship between the taxpayer and the Commissioner for Inland Revenue, (hereinafter referred to as 'the Commissioner') The basis of this relationship is that the Commissioner is required to collect tax and the taxpayer is required to pay the tax. In exercising his powers under the Income Tax Act No. 58 of 1962 (hereinafter referred to as the Act), the Commissioner has been conferred with discretionary powers. In this thesis, this administrative law relationship is examined with specific reference to the means of regulating the exercise by the Commissioner of his discretionary powers. There are a number of ways in which the discretionary powers of the Commissioner may be regulated. Generally discretion may be regulated by 'rule based administrative action' (1). This means that discretionary power is exercised subject to internal rules which state how discretionary power must be exercised. Another method of regulating the exercise of discretionary power is subsumed under the category of 'adjudicative techniques of decision' (2). The essence of the latter category is that the affected person participates in the decision which affects him. The exercise of discretionary power may be regulated furthermore if the Minister who has responsibility for the Department is required to be responsible for and account publicly for the actions of his subordinate. In this thesis, examples of rule based administrative action and adjudicative techniques of decision are examined.

This article presents in general terms the nature and characteristics of some of the key legal institutions of taxation such as tax legal relationship, the principal tax liability and payment as means to cease the obligation (before the actions that can display the State for tax debt collection) and also explaining the most important legal policy issues that such institutions have received in Peru. / El presente artículo expone, de manera general, la naturaleza y características de algunas de las instituciones jurídicas fundamentales del Derecho Tributario, tales como la relación jurídico tributaria, la obligación tributaria principal y el pago, como modo de extinción de ésta (antes del inicio de los actos que puede desplegar el Estado para realizar la cobranza coactiva de los tributos); explicando –cuando corresponda– los aspectos normativos más importantes que regulan tales instituciones en el Perú.

Taxation statutes often provide opportunities for tax avoidance by taxpayers who exploit the provisions of the taxing statute to reduce the tax that they are legally required to pay. It is, however, important to distinguish between the concepts of tax avoidance and tax evasion. The central issue, especially where the contract has no business purpose, is whether it is possible for the substance and legal form of the transaction to differ to such an extent that a court of law will favour the substance rather than the legal format. The debate is whether the courts should be encouraged to continue with their "judge-made" law or whether the tax jurisdictions should be supporting a legislative route as opposed to a judicial one, in their efforts not only to combat tax avoidance but also to preserve taxpayer certainty. The question is whether the Doctrine of "Substance over Form" as applied by the judiciary is effective in combating tax avoidance, or whether a legislated general anti-avoidance provision is required. An intensive literature survey examines the changes which have occurred in the application of judicial tests from the 1930's to date and investigates the different approaches tax jurisdictions follow in order to combat tax avoidance. The effect of the introduction of anti-avoidance provisions in combating tax avoidance is evaluated by making a comparison between the United Kingdom and South Africa. [n the United Kingdom, the courts are relied on to create anti-tax avoidance rules, one of which is the Doctrine of "Substance over Form". The doctrine is very broad and identifies various applications of the doctrine, which have been developed by the courts. In South Africa, the Doctrine of "Substance over Form" has been applied in certain tax cases; however the South African Income Tax Act does include anti-tax avoidance sections aimed at specific tax avoidance schemes, as well as a general anti-tax avoidance measure enacted as section 103. The judicial tests have progressed and changed over time and the introduction of anti-avoidance legislation in the Income Tax Act has had an effect on tax planning opportunities. A distinction needs to be made between fraudulent and bona fide transactions while recognising the taxpayer's right to arrange his or her affairs in a manner which is beneficial to him or her from a tax perspective. Judicial activism and judicial legislation in the United Kingdom has created much uncertainty amongst taxpayers and as a result strongly supports the retention of a general anti-avoidance section within an Income Tax Act. A general anti-avoidance provision, following a legislative route, appears to be more consistent and effective in combating tax avoidance.

Mr Justice Corbett made a substantial contribution to the South African tax law as he delivered several judgements during his long career on the bench. Starting from the lower ranks as a judge he became Chief Justice of South Africa. Precedents set by his judgements are considered important and indicative of the level of South African tax law. This dissertation observes his background, looks at the operations of the tax court in South Africa and examines whether his judgements were cited and applied in subsequent cases as accepted precedent. International case law is referred to, to compare his judgements with comparable international tax law. / Auditing / M. Comm. (Accounting)

The additional tax ("penalties") imposable in terms of section 76(1) of the Income Tax Act (No 58 of 1962) when a taxpayer is in default, can be very harsh (up to 200% of the tax properly chargeable). The Commissioner may, in terms of section 76(2)(a), remit any penalty imposed, as he sees fit. However, when there was intent on the part of the taxpayer to evade the payment of tax, the Commissioner may not remit any portion of the 200% penalty imposable, unless he is of the opinion that "extenuating circumstances" exist. This dissertation examines the meaning of "extenuating circumstances", as interpreted by the judiciary, and lists the factors and defences that a taxpayer may plead to justify a remission of penalties, both in the case of an intention by the taxpayer to evade tax and in cases where the taxpayer is merely in default of section 76(1). / Accounting / MCOM (Accounting)