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Tax non-compliance behavior in the light of tax law complexity and the relationship between authorities and taxpayers

Author(s): Larissa Bătrâncea,Ramona-Anca Nichita,Ioan Batrancea / Language(s): English Issue: 1/2012

The present study investigates tax non-compliance behavior under the influence of tax law complexity and the relationship between taxpayers and authorities. It is argued that the non-compliance is triggered by high complexity of tax law derived from excessive regulation, use of abstract and complex legal jargon, as well as constant changes of the Fiscal Code. Concerning the relationship between taxpayers and authorities, non-compliance is fostered by an antagonistic climate in which mutual distrust and the promotion of a “cops and robbers” attitude towards taxpayers prevail

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On transaction costs in stock trading

Author(s): Marek Andrzej Kociński / Language(s): English Issue: 1/2017

Liquidity is an important characteristic of a stock traded on the stock exchange. The expected value of transaction costs, which takes into account the transaction's volume and duration, may be a considered as an important measure of a liquidity of a traded stock. In this paper the formulas for expected transaction cost, caused by bid-ask spread and market impact are presented. Moreover, in this article, the problem of determining a duration of a transaction of a stock sale which minimizes the transaction cost and takes into account the forecast of the expected stock price on the stock exchange, is considered.

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Impact of the financing structure on efficiency of healthcare systems in the former Eastern block countries

Author(s): Justyna Kujawska / Language(s): English Issue: 1/2017

Out-of-pocket expenditures are a significant barrier in accessing health services. This paper aims to analyse the structure of financing system in the context of the performance indicators of healthcare systems. The study was conducted for the 28 countries of the former Eastern bloc in the years 2000 and 2013, based on data from the World Health Organization. In the DEA-CCR input-oriented model, inputs are the percentage share of private spending in the total expenditure on healthcare and the percentage share of out-of-pocket patient spending in total private spending. The outputs are life expectancy and mortality rate. A ranking of the countries was created and the differences between the two study periods, as well the desired directions of changes in the financing structure were pointed out.

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Unia Europejska na rzecz demokratyzacji państw Azji Centralnej – działania i efekty

Author(s): Radosław Fiedler / Language(s): Polish Issue: 10/2016

European Union after years of relatively small activity, in 2007 offered a strategy to Central Asia. In that strategy were addressed many issues, including democratic deficit or human rights violations. EU in its activity is overshadowed by the US and has small capacity for pursuing its own policy to the Central Asia. Another problem is a fact that after accomplishing EU strategy to Central Asia there are no new initiatives which will contribute for more visible European activity in that region.

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Partycypacja mieszkańców na poziomie lokalnym – przykład Elbląga

Author(s): Krzysztof Sidorkiewicz / Language(s): Polish Issue: 4/2016

The aim of the article was to describe the participation of the Elbląg residents in the town matters. An analysis of the rules of the participatory budgeting, resolution passing initiative and public consultations was conducted. The referendum concerning the dismissal of the mayor and the Town Council of Elbląg held in 2013 was an important matter for the residents of Elbląg. On account of a wide range of the topic, it wasn’t discussed in this text. A local initiative with some procedures introduced but with no real action taken was also mentioned. The content analysis was based on the resolutions of the Town Council in Elbląg, the mayor’s directives, the strategies of the town development, reports and materials of the Town Council Office. The author also conducted several interviews with the representatives of non-governmental organizations and the local authorities. Some conclusions were drawn in the final part of the text. The most important was the statement that all the most important elements of the public participation are present in the town, but the need of strengthening the mechanisms, applying various forms of communication and information, and encouraging the residents to become more active is still very strong in Elbląg.

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VAT rate change and its impact on liquidity

Author(s): Toni Šušak,Luka Mladineo,Jasenka Bubić / Language(s): English Issue: Spec/2016

In today's globalized world which is characterized by very quick changes, the need for cash is greater than ever before. The company's liquidity has become one of the most important categories in business. Tax changes that occur in the Republic of Croatia practically from one tax period to another have an impact on the overall business including its liquidity. Therefore, it has become increasingly important for businesses to maintain an adequate level of liquidity and to continuously analyse and monitor it through certain financial ratios. The paper demonstrates a potential impact of the general VAT rate change on liquidity. Companies are divided into two groups. The first group consists of companies that in the years after tax rate changes continue with normal business activity. The second group comprises companies that have been faced with business discontinuity in the years following the change. Possible differences between the liquidity ratios of the companies that have gone bankrupt and companies that have not gone bankrupt after the general VAT rate increase from 22% to 23% are explored. In compliance with the time scope of tax change that occur in one tax accounting period, liquidity is also analysed in the year preceding the year in which the VAT rate was changed.

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Poreske regulative o sporazumima raspodele troškova multinacionalnih kompanija na filijale - uporednopravni pregled

Author(s): Ivana B. Ljutić / Language(s): Serbian Issue: 2/2014

Agreements of multinational corporations (MNCs) how to share the costs between the headquarters and affiliates in creation of the tax planning strategy is the essence of this paper. These agreements have being analysed form the comparative law perspective, in selected OECD member states. Transfer prices are amongst the significant aspects of international taxation and transfer of technology and foreign investments made by the MNCs. The paper has being focused on the aspects of payment to the other affiliated companies in the group for intercompany services rendered, that is the special interest of tax authorities around the world. Nowadays, the primary focus of transfer prices transactions audition MNCs and theirs affiliates performed by the national tax authorities moved from the production towards services, especially financial services (e.g. banking, insurance) since the rising tax avoidance and evasion in this area. It seems that there is a reached consensus agreement in the field of international taxation that the traditional mechanisms of the tax law applied on transfer prices taxation in the process of resolving tax disputes did not give adequate results. National tax system are struggling with the phenomenon of tax prices since the introduction of value added corporate taxation, wince the transfer prices influence the allocation of taxable income of the taxpayer – MNCs, between the different tax jurisdictions.

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Мане боље оштећеног као један од услова за постојање зеленашког уговора

Author(s): Katarina Tasić / Language(s): Serbian Issue: 3/2012

In order to constitute a usurious contract the injured party must agree to unfavorable conditions and disproportionate prestations resulting from one of the defects of consent. The fact that the constitution of usurious contract also implies usurer’s lack of conscientiousness, the defects of consent may resemble threat (necessity, difficult financial situation, addiction) or fraud (lack of experience, recklessness). However, in view of the fact that usurious contract includes disproportion between the prestations of contracting sides, sanction is more strict in comparison to the cases where the contract is signed under the threat or as a result of a fraud (in that case the contract is voidable), and therefore the usurious contract is absolutely void with the possibility of its convalidation within five years from the time of signing the contract and at the request of the injured party. Court will meet the injured party’s requests whenever possible and therefore, when issuing a ruling, it will primarily take into consideration to what extent is public interest affected, considering as well the defects of consent of the injured party, i.e. to what extent the injured party’s will (consent) was voluntary at the time of signing the usurious contract.

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Uloga fiskalnih pravila

Author(s): Mihajlo Babin,Miloš Erić / Language(s): Serbian Issue: 2/2011

Fiscal rules are an important instrument of restricting public debt accumulation and expanding. Research of characteristics and examples of fiscal rules, with special review of European monetary union rules, has created pre-conditions for analysis of adopted fiscal rules in Serbia.

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The analysis of attitudes of tax amnesty non-beneficiaries and tax amnesty beneficiaries: evidence from turkey

Author(s): Ufuk Gergerlioğlu / Language(s): English Issue: 4/2017

Tax amnesties are applied by many countries on different grounds throughout the world. Governments want to realize social, political, economic, etc. purposes through tax amnesties. It is important that some matters should be clarified within the scope of being realized of these purposes. One of these matters is related to attitudes of tax amnesty non-beneficiaries and tax amnesty beneficiaries. Within this framework, this research aims to reveal attitudinal tendencies of tax amnesty non-beneficiaries and tax amnesty beneficiaries. In this context, this study was conducted for 609 businesses located in Istanbul by using a face-to-face survey method. The data obtained for this study were analyzed with the help of frequency and factor analysis. The result of research indicates that both tax amnesty non-beneficiaries and tax amnesty beneficiaries give similar reactions regarding attitude statements about tax amnesties. But, tax amnesty non-beneficiaries support attitude statements about tax amnesties more than tax amnesty beneficiaries.

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FEATURES OF THE FORTH INDUSTRIAL REVOLUTION: TAXES CASE

Author(s): Valentas Gružauskas,Gita Statnickė / Language(s): English Issue: 2/2017

The upcoming fourth industrial revolutions causes instability in the society and economy. From one side, the development of robots and artificial intelligence allows automation of business processes, which in result stimulates the growth of the economy. In 2016 an insurance company implemented artificial intelligence for insurance pay-out calculations, which increased the productivity of the company by 30%. From another side, automation increases structural unemployment rate, which causes negative consequences to society. A global market research company McKensey stated that today's technology could feasibly replace 45% of jobs right now. Technological development is inevitable due to rapidly growing population and changing business environment. Without technological development, the productivity could not increase and economic prosperity would be impossible. Moreover, due to required high capital investments multi-national companies can monopolize the industry, leaving small and medium enterprises (SMEs) behind. This problem could be an even bigger concern for the European Union, because today SMEs are the backbone of Europe's economy, which represent 99% of all businesses in the EU. Increased productivity can be achieved by large investments, therefore SMEs losses competitiveness advantage, which causes natural monopolistics to rise. For example, a robotics company “Symbotic” has developed a system to automate warehouse jobs formerly done by humans. The system cut labour costs by 80% and reduced warehouse size by 25%, however the initial investment required more than 74 EUR million. These kind of systems are still expensive, however in future the costs will decrease. These findings indicate the necessity for the government to interfere and to present a tax-subsidy scheme, which would stimulate economic growth and would limit the negative consequences of business process automation. The extra funding should be oriented to the reformation of the current education system and to aid employees during the requalification period.

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Razvoj, specifičnosti i normativno uređenje leasing posla u Francuskoj

Author(s): Ivanka Spasić / Language(s): Serbian Issue: 1/2008

France was the first among the European countries who started to develop leasing as a financing method, and the first one in the world who had done the law on leasing. Evolution and development of leasing in this country is very closely connected with the legal regime. French law has treated leasing operation as credit bail (investment or credit hire). French legal solution for financial leasing have had specialty concerning purchase option, which was obligatory according to the Law. This article analysis the specialties of financial leasing (credit-bail), distinctions with other leasing business operations, and other hire contracts and the legal regime of this operation, its transformations and evolution.

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Ozbrojený konflikt a souvislosti jeho ekonomické analýzy

Author(s): Aleš Olejníček / Language(s): Czech Issue: 2/2014

The topic of this essay is an insight into the interrelations of the economic analysis of armed conflict. The author tries to explain its substance and importance and at the same time he warns against the difficulties with its implementation. Backed by several studies, we must conclude that there is a lot of confusion in terminology we use. It is therefore proposed to apply cost-benefit analysis, so that we could create a unified terminology and simultaneously to use this analysis to present armed conflict economy in terms of overall expenses vs. likely benefits aroused by respective armed warfare.

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Situation of Interim Financial Reporting in Romania

Author(s): Claudia Elena Grigoraș-Ichim / Language(s): English Issue: 1/2017

In Romania, unfortunately, here we cannot speak of the existence of interim financial reports. The financial statements required to be submitted to the tax authorities for the first half of each fiscal year are rather too short list of the main economic - financial indicators than a tool that can be useful to a financial analysis. Notes to the interim financial reports often are brief or nonexistent and presents irrelevant information in understanding the evolution of society. The article is presenting the appearance and evolution of financial reporting from Romania, with accent on the interim ones.

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BEZPIECZEŃSTWO PODATNIKÓW W ŚWIETLE OKREŚLONOŚCI PRAWA

Author(s): Paulina Brejdak / Language(s): Polish Issue: 1/2017

The aim of the article is to analyze the definite character of legal tax regulations. It is a normative order which is realized by the clarity, precision of legislation and legislative correctness. Due to the specificity of tax law this principle to perform a special role in its creation. However, many of the tax laws are incomprehensible, imprecise and complex. Consequently, the taxpayer in ignorantia iuris nocet is exposed to additional charges or sanctions. Therefore, under the provisions of tax law there are adequate mechanisms to protect and guarantee the safety of the taxpayer.

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УТИЦАЈ ОПОМЕНЕ ЗА ПЛАЋАЊЕ ПОРЕСКОГ ДУГА НА ТОК ПОРЕСКЕ ЗАСТАРЕЛОСТИ

Author(s): Minja Đokić / Language(s): Serbian Issue: 1/2016

The scope of analysis in this article is an issue that has been disputed in practice. We ask ourselves does admonishment for tax debt interrupt the term of statute of limitations in tax law ? Author has analyzed the statute of limitations in tax law through legal practice of tax authorities (official oppinions of the Ministry of finance regarding the issue at hand) and judicial practice (Supreme court and the Constitutional court). It has been established that there is a difference in understanding the institute of admonishment and its application. It has also been established that, in spite of the fact that tax authorities do not consider admonishment as a tax administrative act or addressing legal act, it is interpreted as sufficient to break the term of statute of limitations. We shall prove that delivery of admonishment to a tax payer does not interrupt or break the term of statute of limitations because it is not an addressing legal act, which is expressly demanded by the law.

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ИСПОРУКА ДОБАРА БЕЗ НАКНАДЕ У СИСТЕМУ ПОРЕЗА НА ДОДАТУ ВРЕДНОСТ

Author(s): Miloš Marković / Language(s): Serbian Issue: 2/2015

Consideration represents one of the cumulatively prescribed conditions for the taxation of supplies of goods in value added tax system. In the absence of consideration there is in general no basis for taxation, which makes room for untaxed final consumption – the case in which a taxpayer deducts input VAT on purchased good that is subsequently used for his own or another person’s final consumption free of charge. In this paper, the author analyzes the situations in which, for taxation purposes, the supplies of goods free of charge will be treated equally as supplies for consideration and, relying on the jurisprudence of the European Court of Justice, notes the deviations of the domestic practice from the communautaire one, while providing concrete recommendations for their elimination.

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РЕТРОАКТИВНОСТ ЗАКОНА У ПОРЕСКОМ ПРАВУ

Author(s): Dejan Popović,Gordana Ilić-Popov / Language(s): Serbian Issue: 1/2015

As a rule, in comparative tax law statutes do not have a retroactive effect. This principle may be either postulated in constitutions or derived by constitutional courts from the principle of legal certainty. The issue of retroactivity cannot be raised in the case of imposition of a property tax, since its taxable object per definitionem is property representing the result of the accumulation of unspent income realised in previous periods. Indeed, retroactivity is allowed in many legal systems subject to some strict conditions. The authors distinguish between retroactivity and retrospectivity, the latter being in principle permissible and denoting cases where a statute is applicable without grandfathering to the future consequences of a taxable event that occurred before its enacting. Analyzing the impact of Radbruch’s values contained in the idea of law (legal certainty, purposiveness and equality) on the principles of intertemporal law, the authors conclude that the prohibition of retroactivity implies the primacy of the principle of legal certainty, while retrospectivity puts in the foreground the principles of purposiveness and equality.

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ABILITY-TO-PAY PRINCIPLE IN THE MONTENEGRO TAX SYSTEM – CONSTITUTIONAL COURT CASE PRACTICE AND LEGISLATIVE APPROACH

Author(s): Ilija Vukčević / Language(s): English Issue: 3/2014

The tax systems of many countries have faced major changes because of the global financial crisis. A budget deficit and decrease in revenues have forced the Montenegrin legislators to introduce new taxes and to increase the rates of already existing taxes. Indirect taxes (VAT, excises and custom duties) represented the biggest source of tax revenues in 2011 and 2012. Due to this fact, changes in the tax system were scrutinized in the light of their social effects, especially regarding the principle of ability-to-pay. This article will analyze the understanding of this principle in the case practice of the Constitutional Court of Montenegro and the Parliament of Montenegro. Precisely, it will show that these two important institutions do not understand this important tax principle correctly.. On one side, the analysis will show conclusions of the Constitutional Court of Montenegro that there is no legal basis for the introduction of the ability-to-pay principle in the Montenegrin tax system and that it has no authorization to assess the impact that the burden of a fiscal duty has on taxpayers are totally incorrect. On the other side, the introduction of the progressive tax scale regarding employment income earned only from a single employer had left other types of income and employment income generated from more than one employer out of the tax progression.

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ЦЕНА ВАН ДОХВАТА РУКЕ КАО АНТИЕВАЗИОНА МЕРА У ПДВ ЗАКОНОДАВСТВУ ЕУ

Author(s): Miloš Marković / Language(s): Serbian Issue: 2/2012

In the system of value added tax, the size of tax burden depends on the agreement between parties in a transaction about the amount of actual consideration for the given transaction. To abuse this rule may result in tax savings directly at the expense of the treasury. And even though the threat of evasion is limited to transaction between connected persons, it is essential to introduce adequate measures against such actions. Directive 2006/69/EC enables all member states to implement open market value – arm’s length price to all paid transactions between connected parties. The application of this anti-evasion measure in the EU is what the author of this work focuses on. We shall consider the causes for its introduction into the European VAT legislation, as well as the limitations of its application, and conclude that its positive legal implementation is both justified and desirable.

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