The Tax Administration Act (28 of 2011) (TA Act), which was promulgated on 4 July 2012 and came into effect on 1 October 2012, was enacted with the purpose of aligning all the administrative provisions dealt with under the various sections of the Income Tax Act (58 of 1962) (IT Act) and the Value-Added Tax Act (89 of 1991) (VAT Act) under one piece of legislation. The TA Act (28 of 2011) provides guidance on various matters of tax administration, including a very controversial penalty levying regime. Prior to the TA Act (28 of 2011), section 76 of the IT Act (58 of 1962) and section 60 the VAT Act (89 of 1991) (hereafter referred to as the pre-TA Act (28 of 2011) penalty provisions) dealt with the levying of additional taxes in cases of understated tax returns. Sections 76 and 60 of the respective acts unfortunately did not provide proper guidelines on the assessment and calculation of these additional taxes or on how the levying of these additional taxes could conform to matters of administrative justice. These matters have been included under sections 221 to 223 of the TA Act (28 of 2011) (hereafter referred to as the understatement penalty percentage provisions under the TA Act (28 of 2011)) and have been welcomed by most taxpayers. This research study focused on the critical evaluation of the understatement penalty percentage provisions under the TA Act (28 of 2011) as well as the provisions which were repealed and replaced by the TA Act (28 of 2011) and which were previously applied in terms of the pre-TA Act (28 of 2011) penalty provisions. A comparison between the latter provisions, the understatement penalty percentage provisions under the TA Act (28 of 2011) and foreign legislation is made with the purpose of addressing how effective and fair the TA Act (28 of 2011) will prove to be. The study also includes brief advice on any possible improvements or practical approaches regarding the understatement penalty percentage provisions under the TA Act (28 of 2011). It is also seen as necessary to evaluate the effectiveness of the regulations promulgated in terms of sections 221 to 223 of the TA Act (28 of 2011), and to identify possible problems with the application and interpretation of the relevant understatement penalty percentage provisions under the TA Act (28 of 2011) by the Commissioner. A literature review was used to critically analyse and compare various pieces of legislation and precedents, including South African and foreign laws and legislation, with possible practical illustrative examples. The objective with the literature review was to clarify issues such as the fairness of the understatement penalty percentage provisions under the TA Act (28 of 2011) and the pre-TA Act (28 of 2011) penalty provisions. The findings of the research study revealed that the enactment of the understatement penalty percentage provisions under the TA Act (28 of 2011) on 1 October 2012 partially achieves the objective of providing taxpayers with a penalty levying system that is more reasonable and fair in comparison with the pre-TA Act (28 of 2011) penalty provisions. Despite a more favourable outcome achieved by the TA Act (28 of 2011), the research concludes that proper guidance and measures for levying a penalty are still lacking and that the legislation is unfortunately still failing in this regard. Harsh penalty percentages based on certain behavioural criteria that are not defined create the need for obvious improvements. That said, the TA Act (28 of 2011) is still young and creates a basis on which further amendments and improvements can take place. / MCom (South African and International Taxation), North-West University, Potchefstroom Campus, 2014

The Tax Administration Act (28 of 2011) (TA Act), which was promulgated on 4 July 2012 and came into effect on 1 October 2012, was enacted with the purpose of aligning all the administrative provisions dealt with under the various sections of the Income Tax Act (58 of 1962) (IT Act) and the Value-Added Tax Act (89 of 1991) (VAT Act) under one piece of legislation. The TA Act (28 of 2011) provides guidance on various matters of tax administration, including a very controversial penalty levying regime. Prior to the TA Act (28 of 2011), section 76 of the IT Act (58 of 1962) and section 60 the VAT Act (89 of 1991) (hereafter referred to as the pre-TA Act (28 of 2011) penalty provisions) dealt with the levying of additional taxes in cases of understated tax returns. Sections 76 and 60 of the respective acts unfortunately did not provide proper guidelines on the assessment and calculation of these additional taxes or on how the levying of these additional taxes could conform to matters of administrative justice. These matters have been included under sections 221 to 223 of the TA Act (28 of 2011) (hereafter referred to as the understatement penalty percentage provisions under the TA Act (28 of 2011)) and have been welcomed by most taxpayers. This research study focused on the critical evaluation of the understatement penalty percentage provisions under the TA Act (28 of 2011) as well as the provisions which were repealed and replaced by the TA Act (28 of 2011) and which were previously applied in terms of the pre-TA Act (28 of 2011) penalty provisions. A comparison between the latter provisions, the understatement penalty percentage provisions under the TA Act (28 of 2011) and foreign legislation is made with the purpose of addressing how effective and fair the TA Act (28 of 2011) will prove to be. The study also includes brief advice on any possible improvements or practical approaches regarding the understatement penalty percentage provisions under the TA Act (28 of 2011). It is also seen as necessary to evaluate the effectiveness of the regulations promulgated in terms of sections 221 to 223 of the TA Act (28 of 2011), and to identify possible problems with the application and interpretation of the relevant understatement penalty percentage provisions under the TA Act (28 of 2011) by the Commissioner. A literature review was used to critically analyse and compare various pieces of legislation and precedents, including South African and foreign laws and legislation, with possible practical illustrative examples. The objective with the literature review was to clarify issues such as the fairness of the understatement penalty percentage provisions under the TA Act (28 of 2011) and the pre-TA Act (28 of 2011) penalty provisions. The findings of the research study revealed that the enactment of the understatement penalty percentage provisions under the TA Act (28 of 2011) on 1 October 2012 partially achieves the objective of providing taxpayers with a penalty levying system that is more reasonable and fair in comparison with the pre-TA Act (28 of 2011) penalty provisions. Despite a more favourable outcome achieved by the TA Act (28 of 2011), the research concludes that proper guidance and measures for levying a penalty are still lacking and that the legislation is unfortunately still failing in this regard. Harsh penalty percentages based on certain behavioural criteria that are not defined create the need for obvious improvements. That said, the TA Act (28 of 2011) is still young and creates a basis on which further amendments and improvements can take place. / MCom (South African and International Taxation), North-West University, Potchefstroom Campus, 2014

The genesis of the informal sector in Mozambique is similar to the way it emerged in many other countries in the world, starting mainly with small businesses performed by unemployed people, peasent families, street vendors among others as their self employment. The informal sector offers a striking illustration of the strengths and weakness of enterprises in Mozambique. A simple and transparent legal framework, properly enforced is indispensable for the long term success of the informal sector to turn to formal sector. Taxation is controversary in the informal sector. The existing tax system in Mozambique is distorced and naturally contribute to a host of economic and social problems. The needed for the reform of taxation system has been acknowledged for instance the recent implementation of VAT system in Mozambique still on process of implementation. Taxes generated by the informal sector could contribute to the budget of the State. / Mercantile Law / LL.M.

This study uses aspects of time series methodology to model and forecast major taxes such as Personal Income Tax (PIT), Corporate Income Tax (CIT), Value Added Tax (VAT) and Total Tax Revenue(TTAXR) in the South African Revenue Service (SARS). The monthly data used for modeling tax revenues of the major taxes was drawn from January 1995 to March 2010 (in sample data) for PIT, VAT and TTAXR. Due to higher volatility and emerging negative values, the CIT monthly data was converted to quarterly data from the rst quarter of 1995 to the rst quarter of 2010. The competing ARIMA/SARIMA and Holt-Winters models were derived, and the resulting model of this study was used to forecast PIT, CIT, VAT and TTAXR for SARS fiscal years 2010/11, 2011/12 and 2012/13. The results show that both the SARIMA and Holt-Winters models perform well in modeling and forecasting PIT and VAT, however the Holt-Winters model outperformed the SARIMA model in modeling and forecasting the more volatile CIT and TTAXR. It is recommended that these methods are used in forecasting future payments, as they are precise about forecasting tax revenues, with minimal errors and fewer model revisions being necessary. / Statistics / M.Sc. (Statistics)

Revenue losses due to tax non-compliance pose a substantial risk for all governments, including the South African government. As part of its risk management system, the South African Revenue Service has identified the small, medium and micro enterprise sector as one of the seven high-risk areas and indicated that non-compliance in this sector remains high. The first focus area of any tax compliance risk management system is to ensure registration for the relevant taxes payable. The objective of this study was to establish whether any demographic factors could be used to select small businesses to investigate whether they are meeting their registration compliance requirements for income tax, Value-Added tax as well as the employee related taxes. In order to achieve the research objectives of the study, two sequential research methods were applied. During the first phase of the research, a literature review was conducted to develop a heuristic model consisting of two levels. The first level described the factors that could influence the tax compliance behaviour of a small business. The second level of the heuristic model describes the different taxes a small business could be liable for and when it must register for each of those taxes. During the second phase, the variables influencing registration compliance were statistically analysed for each of the taxes to determine if they significantly influence the compliance status. The study found that several factors have an impact on the registration compliance of small businesses. The demographic factors were analysed separately for each of the three different tax groups used in the study. The results indicate that in the majority of cases all three tax groups share the same demographic factors that would either have a positive or negative impact on the compliance of the entity. Profiles for the most compliant business type (per tax type) and the least compliant business type (per tax type) were compiled. The results of the study can be used by the South African Revenue Service to target their compliance and information actions to help improve registration compliance by small businesses. / Taxation / M. Com. (Accounting)

Diploma Thesis Abstract This diploma thesis is focused on value added tax (VAT) from the perspective of Czech and European law. VAT was introduced in the 50s of last century and became the general indirect tax in the European Union (EU). This thesis is introductory analysis of VAT law that is regulated in the Czech Republic by Act No. 235/2004 Coll., on Value Added Tax, as amended and in the EU by the Council Directive 2006/112/EC of 28 November 2006 on the Common system of Value Added Tax and basic comparison with regulation in the Slovak Republic by Act No. 222/2004 Coll. of Acts, on Value Added Tax, as amended. At the end it results in possible trend towards internal market and the need for effective action to combat the tax fraud and tax evasion in the future. The first chapter describes characteristics of VAT in the frame of tax law in the Czech Republic's law system. The second chapter presents short history of VAT as the general indirect tax in the Czech Republic since 1993 and analyses the Act No. 235/2004 Coll., on Value Added Tax and its institutes and provisions with relation to judgements made by courts. It continues with impact on tax maintainance by institutions as the General Financial Directorate and on criminal law. The main chapter goes through one of the EU rules that has huge impact on...

This dissertation broadly focuses on the problematics of the tax evasion in the field of the value-added tax from the perspective of the European Union law wherefore it does not contain parts devoted just to the national instruments combating tax evasion. The aim of the dissertation is the analysis of the terms which could be met due to the inconsistent terminology concerning tax evasion, then the aim is to provide classification of the tax evasion and to analyse individual measures combating tax evasion recognised by the European Union law. Therefore, the case law and opinion of the professional community are examined by the descriptive, analytical and comparative scientific method and later, founded conclusion are generalized by the synthetic method pointing out the pitfalls of their application in the Czech legal environment. The result of this dissertation shall be the coherent insight to the terminology connected with the tax evasion in the field of the value-added tax and the analysis of legal instruments combating tax evasion established by European Union law containing the evaluation of individual aspects of this issue. Pursuant to the acquired conclusions, the discrepancy of the transposed national legislation could be deduced and the assessment, if the legal measures established by...

Made available in DSpace on 2015-12-03T18:35:00Z (GMT). No. of bitstreams: 1 Nilson_Manoel_dos_Santos.pdf: 559210 bytes, checksum: 3208249223787dd273b338f085324b3d (MD5) Previous issue date: 2008-12-22 / This paper has the purpose of verifying the effect of the ICMS deferment in the State of S??o Paulo printing industries - a kind of back tax substitution. The theoretical reference discusses the tax substitution and the tax on transactions relating to the goods circulation. The quantitative research covered the printing industries that manufacture paper and card paper packing, medicine bulls, labels and tags, since they are fitted into this kind of tax substitution. It was used the factor analysis and, after rotated, were found the factors: satisfaction, benefits, the government actuation and the facilities. The search results show that these entrepreneurs are not satisfied with the ICMS deferment, because it does not present benefits, since the government does not fulfill its role in the approval of credits, resulting in difficulties to repass the ICMS accumulated credits for the payment of the suppliers by the purchasing of raw materials. This research identified that, if the manufacturers might revindicate the deferment revocation, they would ask it or even change for a state not covered by this kind of back tax substitution that corresponds to the deferment. It was highlighted in research that contributed to deferral not lowering the price, reduce capital and the third increase in not competitiveness. / O objetivo desta pesquisa ?? verificar qual o efeito do diferimento do ICMS nas ind??strias gr??ficas do Estado de S??o Paulo, que ?? uma das esp??cies de substitui????o tribut??ria denominada substitui????o tribut??ria para tr??s. O referencial te??rico trata de: gest??o tribut??ria; imposto sobre opera????es relativas ?? circula????o de mercadorias; guerra fiscal, substitui????o tribut??ria; sistema de informa????o ERP; mark-up; forma????o do pre??o de venda; cr??dito acumulado de ICMS e IVA. A pesquisa quantitativa abrangeu as ind??strias gr??ficas que fabricam embalagem em papel e papel cart??o, bula, etiqueta e r??tulo, por serem as que se enquadram nesse tipo de substitui????o tribut??ria. Foi utilizada a an??lise descritiva dos respondentes e an??lise fatorial e, ap??s ser rotacionada, foram encontrados os fatores: satisfa????o, benef??cio, o papel do governo e as facilidades. Os resultados da pesquisa evidenciam que esses empres??rios n??o est??o satisfeitos com o diferimento do ICMS, pois n??o traz benef??cios, uma vez que o governo n??o cumpre o seu papel na homologa????o dos cr??ditos, havendo dificuldade em repassar os cr??ditos acumulados de ICMS para o pagamento de aquisi????o das mat??rias-primas nos fornecedores. Esta pesquisa identificou que, se os fabricantes tivessem oportunidade de reivindicar a revoga????o do diferimento, eles a solicitariam ou, ainda, mudariam para um Estado n??o abrangido por essa esp??cie de substitui????o tribut??ria para tr??s, correspondente ao diferimento. Foi evidenciada na pesquisa que o diferimento n??o contribui para o barateamento do pre??o, redu????o de capital de terceiros e n??o aumenta a competitividade.

Made available in DSpace on 2015-12-03T18:35:14Z (GMT). No. of bitstreams: 1 Vagner_Jaime_Rodrigues.pdf: 1585352 bytes, checksum: 3850bd1d8f21a4047dc7e140f3f636ee (MD5) Previous issue date: 2010-07-08 / There have been discussions among Brazilian legislators regarding the Tax legislation, seeking for alternatives to simplify it. Concerning the Brazilian state tax over the Circulation of Goods and Interstate and Intercity Transportation Services and Communication (ICMS), the current discussion focus on the necessity of redistributing the collected tax over interstate transactions. In this context, the federal government sent to the Congress a Proposal for a Constitutional Amendment (PEC 233/08), suggesting changes in the way the ICMS is collected. One of the most relevant changes is focused on the transference of the tax due by the taxpayer in a given State (origin) to the Buyer State (Destiny). The aim of this work is to analyze and validate the hypothesis that the State of Amapa, by being a liquid-importer state (with buying of goods above the interstate selling of goods) will have a positive impact in its collection of the ICMS tax. To carry out this work, it was obtained data from the Amapa State Revenue regarding the interstate collection of the ICMS, between 2005 and 2008. It was realized some simulations with such data, by means of the PEC 233/08 policies, to estimate the new balance calculation of ICMS and it was compared with the balance regulated by the current legislation. According to the methodological typology, this research is exploratory and descriptive as to its purpose, and documental and bibliographic concerning to its means, with a quantitative and qualitative approach of the matter. The results obtained indicate that in the analyzed years, between 2005 and 2008, the balance calculation over the current collection system shows the feature of credit balance, while by means of the simulation, and if adopted the criteria established by the PEC 233/08, the calculated balance assumes a debit condition. Thus, it can be concluded that the State of Amapa will have a positive impact in the collection of the ICMS tax for interstate transactions. / Sistematicamente ocorrem discuss??es por parte dos legisladores brasileiros, em torno da legisla????o tribut??ria, procurando alternativas para simplific??-la. Em rela????o ao Imposto sobre Opera????es Relativas ?? Circula????o de Mercadorias e sobre Presta????es de Servi??os de Transporte Interestadual e Intermunicipal e de Comunica????o (ICMS), a atual discuss??o concentra-se na necessidade de uma redistribui????o do imposto arrecadado sobre as transa????es interestaduais. Nesse contexto, o governo federal enviou ao Congresso Proposta de Emenda Constitucional (PEC 233/08), sugerindo mudan??as na sistem??tica da arrecada????o do ICMS. Uma das mudan??as de maior impacto concentra-se na transfer??ncia do imposto devido pelo contribuinte sediado em um Estado (Origem) ao Estado comprador (Destino). O presente trabalho tem como objetivo analisar e validar a hip??tese de que o Estado do Amap??, por ser um Estado importador-l??quido (compras superiores ??s vendas interestaduais) ter?? impacto positivo na sua arrecada????o do imposto de ICMS. Para realiza????o deste trabalho, foram obtidos da Secretaria da Receita Estadual do Estado do Amap?? os dados da arrecada????o interestadual do ICMS dos anos de 2005 a 2008. Foram realizadas simula????es com estes dados, aplicando-se as diretrizes da PEC 233/08, no sentido de apurar os novos saldos de apura????o do ICMS e comparou-se com os saldos que s??o regidos pela legisla????o atual. De acordo com a tipologia metodol??gica, esta pesquisa, quanto aos fins ?? explorat??ria e descritiva, e quanto aos meios ?? documental e bibliogr??fica, tendo uma abordagem qualitativa e quantitativa do problema. Os resultados obtidos indicam que nos anos analisados, de 2005 a 2008, o saldo de apura????o pela atual sistem??tica de arrecada????o apresenta a natureza de saldo credor ao passo que pela simula????o, adotando-se os crit??rios estabelecidos pela PEC 233/08, os saldos apurados passam a ter natureza devedora. Desta forma, conclui-se que o Estado do Amap?? ter?? um impacto positivo na arrecada????o do imposto ICMS para as transa????es interestaduais.

Made available in DSpace on 2015-12-03T18:35:33Z (GMT). No. of bitstreams: 1 Augustinho_Pinheiro_de_Lima.pdf: 1209591 bytes, checksum: 9d9f4ef77fde085c4ef423a0a2ca6be0 (MD5) Previous issue date: 2009-08-12 / Aiming to understand the relationship between the collection of the major state taxes - ICMS (VAT) and IPVA - and GDP in all units of the Federation in the period 1997 to 2006, it is an expression statistic for estimating this relationship and a ranking showing the degree of affinity between the collection of taxes mentioned state and GDP statistics for the equation, using the simple linear regression with its main premises in order to understand this relationship, whereas the GDP reflects the size of the economy of each state. The data concerning the current GDP was taken from the IBGE site which was used for comparison with the collection of IPVA. The current GDP, also served as a basis for calculating the adjusted GDP, of which exports were removed (free of VAT) and imports added (taxed by ICMS) to compare with the ICMS through simple linear regressions, while the values of the collections the ICMS and IPVA were taken from the site CONFAZ, organ of the Ministry of Finance to disclose such data. In the results, the equations are seen statistics that could estimate the tax, in addition to providing the development of the ranking. The survey results showed that 77.78% of the units in the Federation there is a greater increase in the collection of VAT and IPVA on the increase in GDP, ie, in most states to collect such taxes had a greater proportional increase that the increase of wealth in their economies. / Com o objetivo de compreender a rela????o entre a arrecada????o dos principais impostos estaduais ICMS e IPVA -, e o PIB em todas as unidades da Federa????o no per??odo de 1997 a 2006, procurou-se encontrar uma express??o estat??stica para estimar essa rela????o e um ranking evidenciando o grau de afinidade existente entre a arrecada????o dos mencionados impostos e o PIB estadual Para a equa????o estat??stica, utilizou-se a regress??o linear simples com suas principais premissas no intuito de compreender essa rela????o, considerando que o PIB reflete o tamanho da economia de cada Estado. Os dados referente ao PIB corrente foi extra??do do site do IBGE o qual foi utilizado para confronta????o com a arrecada????o do IPVA. Esse PIB corrente, tamb??m, serviu de base para calcular o PIB ajustado, do qual foram subtra??das as exporta????es (isento de ICMS) e somadas as importa????es (tributada pelo ICMS) para confrontar com o ICMS mediante regress??es lineares simples; j?? os valores das arrecada????es do ICMS e do IPVA foram extra??dos do site do CONFAZ, ??rg??o do Minist??rio da Fazenda que divulga esses dados. Nos resultados, ficaram evidenciadas as equa????es estat??sticas que puderam estimar os impostos, al??m de proporcionar a elabora????o do ranking. Os resultados da pesquisa demonstraram que em 77,78% das unidades da Federa????o existe um incremento maior na arrecada????o do ICMS e do IPVA, em rela????o ao acr??scimo no PIB, ou seja, na maioria dos Estados a arrecada????o desses impostos teve um aumento proporcional maior que o incremento de riquezas em suas economias.