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Fiscality - A relevant Factor influencing Regional Development in Romania and the European Union

Author(s): Cristina Vlad,Petre Brezeanu / Language(s): English Issue: 2/2016

The paper aims to examine taxation in the EU in correlation with regional development measures im-plemented. We started with the EU vision on regional development. If during the 2007-2013 period, were pursued three major objectives (convergence, regional competitiveness and territorial coopera-tion), in the current 2014-2020 funding period, money is allocated differently between countries that are deemed to be more developed, in transition and less developed. These categories are set accord-ing to GDP per capita. Next we exposed the fiscal changes made in the EU in 2010-2011 period and then we correlate them with the strategy for regional development for five member states: Romania, Bul-garia, Czech Republic, Hungary and Poland. We used data reported by Eurostat regarding the evolution of unemployment rate and for the foreign direct investments in 2007-2012 period. We also brought up and changes required by the new Romanian Fiscal Code. According to it, measures such as reduction of income tax for new micro enterprises or extending the VAT reverse charge mechanism in many sectors of activity are meant to encourage foreign capital inflows and also to increase the level of regional de-velopment. As a general conclusion, we found that there is a direct link between fiscal policy and re-gional development; fiscal measures implemented influence the level of unemployment, economic growth, and competitiveness in the private sector.

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WYDATEK – KOSZT UZYSKANIA PRZYCHODÓW

Author(s): Anna Spoz,Mariusz Sokołek / Language(s): Polish Issue: 524/2018

Taxes are an important element of the functioning of every enterprise. Taxes are on the one hand the main source of state revenue, and on the other, one of the most important factors determining the decisions of entrepreneurs (taxpayers). The subject of this article is the analysis of the meaning of cost (used in literature, in economic sciences, accounting rules, and in tax law). The authors point out the problem of definition, difference and contradiction of its understanding in theory and practice. The lack of precise rules, in particular referring to tax deductible costs is, according to the authors, one of the most important reasons for recognizing the Polish tax system as complicated. The research methods used in this study were the analysis of the law, the method of description, deduction and synthesis.

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PLANY FINANSOWE PAŃSTWOWYCH FUNDUSZY CELOWYCH – WYBRANE PROBLEMY DOTYCZĄCE STATUSU MATERIALNOPRAWNEGO I PROCEDURALNEGO

Author(s): Zbigniew Ofiarski / Language(s): Polish Issue: 521/2018

Using the dogmatic and analytical method, the legal status of state earmarked funds, their financial plans was examined and the relationship between the financial plans of the earmarked funds and the state budget under the budget act was identified and classified. Using the normative material, the achievements of the financial law doctrine, it was shown that the special legal status of state earmarked funds affects the legal status of their financial plans. The hypothesis about the existence of substantive and procedural relations between these financial plans and the state budget was positively verified. Planning of revenues and expenses of these funds is related to budget planning. There are exceptions to the statutory „annual perspective” of fund planning, including the expiration of unrealized expenditure at the end of the year and the requirement to draw up financial plans in a task-based manner. It was found that the financial plans of the earmarked funds are normative in nature.

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FINANSOWANIE DZIAŁALNOŚCI BADAWCZO-ROZWOJOWEJ NA RZECZ WSI I ROLNICTWA W RAMACH HORYZONTU 2020 I WYDATKÓW WEWNĘTRZNYCH

Author(s): Adam Wasilewski,Marek Wigier,Anna Wasilewska / Language(s): Polish Issue: 509/2018

The aim of the study was to assess the level of obtaining funds from the Horizon 2020 program by Polish institutions implementing projects related to agriculture and rural development, and to assess the internal financing of research in the field of agricultural sciences. In order to carry out this assessment, the literature on the subject was used primarily and the analysis of raising funds for research from the Horizon 2020 program and internal financing of research and development activities was carried out. However, the analysis of distribution of funds for research in the field of agriculture and rural development shows that the involvement of Polish institutions is small. Raising funds from this source is also dependent on the overall level of internal expenditure. The consequence of the current scale of financing R & D activities may be a significant slowdown in the transfer of new knowledge and innovations to the agri-food sector and rural areas.

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LIMITOWANIE KOSZTÓW W RACHUNKU WYNIKU PODATKOWEGO

Author(s): Michał Poszwa / Language(s): Polish Issue: 513/2018

The aim of the article is to assess the mechanism of limiting the amount of costs that can be included in the tax result. This method of reducing the value of tax deductible costs is applied to the ever-wider scope of the subject. This results from the legislator’s efforts to reduce the erosion of the tax base and aggressive optimization. The study uses the method of analysis of the content of legal acts, publications on the discussed problem and knowledge gained through own observations. In particular, an analysis of the consequences of these restrictions for taxpayers was made, consisting in increasing the effective tax rate, administrative costs and tax risk. The use of the parametric mechanism creates a decision problem for the taxpayer, the essence of which is to minimize the negative consequences of restrictions on the recognition of costs. Identification of the ways of limiting the costs of obtaining revenues will allow the assessment of the impact of restrictions on the situation of the taxpayer and taking by him/her possible actions reducing negative consequences.

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NADZÓR NAD REALIZACJĄ ZADAŃ W ADMINISTRACJI SKARBOWEJ

Author(s): Monika Ucieszyńska / Language(s): Polish Issue: 513/2018

Effectively conducted surveillance should protect the unit from the negative consequences of risk. It should also constitute an instrument to assist the achievement of the objectives of internal control, and thereby ensuring the effectiveness and efficiency of the unit. As a result of the checks carried out, the supervisory authority may take power actions of the supervised entities.. These actions are to ensure the elimination of shortcomings and deficiencies, as well as to contribute to compliance between the current and actual status. The article is to present and analyse supervision, its impact on the effectiveness and efficiency in units of tax administration. For the needs of the study the content of the literature and existing legal acts were used.

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STRATEGIA JAKOŚCI USŁUG W KRAJOWEJ ADMINISTRACJI SKARBOWEJ

Author(s): Lidia Wiatrak / Language(s): Polish Issue: 513/2018

The support of the taxpayer and entrepreneur in fulfilling tax and customs obligations is one of the basic directions of activity and development of the National Revenue Administration. The implementation of this undertaking takes place through the improvement of quality services provided to the taxpayer. The considerations in the study refer to the approximation of the process of developing the quality of tax authorities services by identifying the client’s needs. The cognitive goal of the article is to discuss the process of quality of services in tax authorities, and in particular to improve the service of the taxpayer. The practical goal is to identify solutions that enable the improvement of customer service process. In the article, the analysis method was used to present the discussed issues of legal acts, statistics published by the tax administration, press releases and scientific publications – the studies of the scope of this topic and the author’s own observations. Originality/value: the quality of services is essential in the functioning of the organization.

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KOSZTY FINANSOWANIA DŁUŻNEGO W ŚWIETLE NOWYCH ROZWIĄZAŃ PODATKOWYCH

Author(s): Maria Sierpińska,Beata Kulisa / Language(s): Polish Issue: 514/2018

The article presents a problem of limiting costs of debt financing. So far the limitations concerning the inclusion of interest on tax to tax costs have related only to intracorporate loans. Since 1 January 2018 new regulations have been introduced in this respect. The taxable amount is decreased by costs of debt financing not exceeding PLN 3 million increased by 30% EBITDA. In new tax solutions, a market credit worthiness category has been introduced, which will be assessed by tax authorities. Capital groups, in which internal companies have greater creditworthiness than individual business entities, have been disregarded. Also small entities and companies starting business activity will have problems connected with the market assessment of creditworthiness. Very often they do not have credit worthiness since they do not have assets to secure debts. Outside sources of financing enterprises in Poland are more expensive than in highly developed countries. This may limit the development of enterprises and worsen their competitiveness.

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BEPS 13: CBCR – Country-by-Country Reporting

Author(s): Jadwiga Glumińska-Pawlic,Hanna Szarpak / Language(s): English Issue: 2/2018

In order to eradicate the unfair competition in the form of tax avoidance and profit shifting, the OECD and the EU advise undertaking effective measures, which have been gathered in a complex of 15 actions that should be introduced by member states to their law orders. Promoting the automatic information exchange and reporting (BEPS 13) has become one of the priorities, as it is considered a tool that guarantees the transparency of actions and the future European and international standards in tax matters. Due to the fact that groups of multinational enterprises have the possibility for applying practices of aggressive tax planning, tax organs of member states need extensive and accurate data that will enable them to react to harmful tax practices by introducing amendments to law or implementing appropriate risk assessments and tax inspections. A greater transparency towards tax organs ought to result in multinational tax organs refraining from the practices they have implemented so far, so that they would start to pay taxes in the country they generate income.

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The BEPS Influence on Tax Information Exchange

Author(s): Dominik Mączyński / Language(s): English Issue: 2/2018

None of the actions envisaged in the Action Plan on BEPS directly relies on intensifying the exchange of information on tax matters. By developing the Action Plan on BEPS, the OECD has identified areas of tax law that have noticed the need for some changes. However, the objectives set out in the Action Plan on BEPS will not be achieved without significantly improving the exchange of information on tax matters between the tax administrations. For several years, a significant breakthrough in the field of exchange of information on tax matters has been observed. Firstly, Agreements on Exchange of Information on Tax Matters are increasingly important. Secondly, the role of the Convention on Mutual Administrative Assistance in Tax Matters has significantly increased. Thirdly, the Action Plan on BEPS itself needs to step up its activities in the field of exchange of information on tax matters. The Action 5, countering harmful tax practices more effectively, taking into account transparency and substance, highlighted the need to improve transparency, including the mandatory spontaneous exchange of information on tax matters, while the implementation of the objectives described in the Action 13 referring to transfer pricing documentation and country-by-country reporting calls for the development of an automatic exchange of information on tax matters. Therefore, there is no doubt that effective exchange of information on tax matters is one of the tools without which implementation of the Action Plan on BEPS will be significantly impeded.

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Funkcja stymulacyjna podatku od gier w ujęciu teoretycznym oraz w założeniach polskiego prawodawcy

Author(s): Michalina Duda-Hyz / Language(s): Polish Issue: 2/2018

The article addresses the issues of the stimulating (interventional) function of the gaming tax. It attempts to answer the question whether the intention of the Polish legislator was to ascribe this function to the gaming tax, and if so, to what extent such assumptions were reflected in the legal provisions and the resulting norms. The first part of the article identifies the basic levels of the performance of the stimulating function of the gaming tax in theoretical terms. The second part presents the functions which were attributed to the lottery monopoly and the taxes which affected the organisation of gambling games in the interwar period and in the Polish People’s Republic. The third part of the article analyses the provisions of the Law on Games and Mutual Wagering as well as the Gambling Law in the context of the extent to which these regulations were expected to have an interventional effect at the drafting and adoption stage.

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Kwota wolna od podatku jako instrument realizacji zasady sprawiedliwości podatkowej

Author(s): Alicja Pomorska / Language(s): Polish Issue: 1/2018

This paper is devoted to analysis and evaluation of recent changes that have taken place in the structure of Polish personal income tax, with particular emphasis on tax-free amount. The main effect of these changes is the increase of the tax-free minimum in comparison to the level of subsistence minimum as well as the statutory obligation of the Minister of Finance to verify both these volumes. The authoress positively assesses the introduced changes, noting that they should be treated as an introduction to the discussion on a new model of taxation of natural persons in Poland.

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CONSIDERAȚII PRIVIND CAUZELE EVAZIUNII FISCALE ÎN ROMÂNIA

Author(s): Raluca-Viorica LIXANDRU / Language(s): English,Romanian Issue: 2/2016

Tax evasion is the result of an imperfect legislation, which has not been well assimilated. One of the causes of tax evasion is excessive taxation. The emergence of tax evasion arises from the simple game of interest. Given the context of the current mentality, committing an act of tax evasion is a proof of ability rather than dishonesty. The anti-taxation reaction in our country came together with the democratisation of public finances. The people who have highly sided with this direction were the ones who before the introduction of the tax reforms were exempt or enjoyed the privileges regarding their tax obligations. Evading the tax obligations can be achieved through a variety of means, the most important ones being the illicit processes and the exploitation of loopholes.

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ROLE OF INFORMATION TECHNOLOGY IN INCREASING VOLUNTARY COMPLIANCE BY TAXPAYERS

Author(s): Victoria Iordachi,Angela Timuş / Language(s): English Issue: 3/2017

The primary objective of fiscal administration is to encourage, facilitate and maintain a high degree of voluntary compliance by taxpayers which will allow concentrating resources on identifying and dealing with those taxpayers who fail to fully comply with their tax obligations. At the same time, for fiscal authorities tax systems based on turnover imply a high risk of evasion because taxpayers can easily submit false data. Particularly, in case of cash transactions, the problem of detecting cases of underdeclaring becomes a real challenge. In foreign practice, promotion of measures to combat tax evasion is part of a wider program to support the business environment through reduction of tax burden and encouragement of payment compliance, as well as to ensure a competitive business environment, which will be undistorted by unfair competition. To accomplish this purpose, in developed countries, tax administrations have for years been appealing for technological advances implemented in private sector. At the same time, in developing countries, the opportunities that technology offers are more elusive. This article relates some of practices used by fiscal authorities to encourage tax declaring, especially by small business and self-employed, as well as measures that are based on civic consciousness.

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Taxation Policies: Evidence from Flat Tax vs. Progressive Tax Pathways

Author(s): Narcis Eduard Mitu / Language(s): English Issue: 45/2015

The challenging economic times are not yet over. Therefore, after a brief history of the evolution of tax, in this Article we tried to point out the current challenges related to the tax system. The study performed made us conclude that the actual problem of taxation today is not necessarily related to the method of taxation, progressive or proportional, but to the dimension of the resources that can be drawn to the budget so that the degree of population’s satisfaction would be as high as possible. The decision to progressively or proportionally tax is a matter primarily of ethics and, complementarily, of efficiency.

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General Aspects Regarding Fiscal Evasion at Domestic and International Level

Author(s): Anisoara Băbălău / Language(s): English Issue: 08/2005

L'article présente la notion d'évasion fiscale, ses effets sur le budget de l'état et sur les activités économiques, ainsi que les mesures qu'on doit prendre pour combattre l'évasion. On traite aussi la question des paradis fiscaux.

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Competitiveness of the Serbian Economy Through the Prism of Tax Incentives for Foreign Investors

Author(s): Darko Marjanović / Language(s): English Issue: 3-4/2018

In order to make Serbia the most attractive investment destination in relation to countries in the region, special attention should be paid to the current tax incentives granted to foreign investors. Hence, the aim of this paper is to find the opinion and attitudes of foreign investors in the relevant research and analysis regarding the importance of tax relief for their investment in Serbia. Tax incentives are one of the most important tax instruments that can play a decisive role on foreign investors when choosing an investment location, and therefore to increase the competitiveness of the Serbian economy. In this paper, special attention will be given to tax incentives in certain areas for the business of foreign investors, depending on the way foreign investors enter the Serbian market. The methodology of empirical research in this paper is based on a quantitative approach to the collection of primary data through the survey of relevant subjects, the comparison of collected data, and the analysis of the causality of the investigated phenomena. On the basis of the obtained results it can be concluded that the greatest influence on the investor when making a decision on investing in Serbia is tax incentives in corporate income tax.

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Opinions regarding the fiscal system and the referendum

Author(s): Adriana-Florina Bălăşoiu / Language(s): English Issue: 35/2012

The present paper presents the regulation process of a fiscal system specific to a State in transition towards the market economy was initiated after the year 1989. The article also argues about the fiscal field functions, taking into account two of its vulnerable points: the modality to trigger it and the conditions of exertion, circumscribed to the principle which should be respected in any democratic society, that of the separation and balance of powers in the State.

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Inefficiency of pension investment regulation: case of Russia

Author(s): Alexander Nepp / Language(s): English Issue: 3/2017

Inflation risks are one of the major factors faced by funded pension systems. Investment risks affect such key parameters of pension systems as the amount of pension contributions and payments. In order to limit the exposure of pension systems to such risks, governments have introduced instrumental and geographical restrictions on pension investments. These measures are particularly popular in developing countries. This article discusses the efficiency of pension investment regulation in Russia and demonstrates the inadequacy of the current regulatory measures. Authors show that the negative investment results of pension market players were caused by inefficient government regulation. Authors also show that pension market players should be given more freedom in their investments and that instrumental and geographical restrictions should be removed. Was proposed to diversify investment portfolios into stocks traded on the leading stock markets, which would allow to increase investment returns and maintain the risk at the current level. Thus, it would be reasonable to invest 76% of funds into foreign assets, which will increase pension benefits and the replacement rate by 2.54 times. If we keep the geographical barriers but lift the restrictions on equity investments, the growth will be 1.34 times.

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FINANSIJSKO IZVEŠTAVANJE I MODALITETI OPOREZIVANJA PREDUZETNIKA U REPUBLICI SRBIJI

Author(s): Nemanja Gogić / Language(s): Serbian Issue: 14/2018

The basic and burning problem of tax authorities is the taxation of entrepreneurs and the keeping of business books, according to the Law on Income Tax of Citizens, entrepreneurs can conduct business books of simple and dual book keeping. According to the system of simple bookkeeping, keeping of records prescribes business books of income and expenditures, books of fixed assets, and small business books. Book keeping under the dual bookkeeping system includes the balance sheet, the income statement of itg. Taxation of entrepreneurs according to the system of simple bookkeeping is done on real income. In the case of lump-sum taxation, the owner does not keep a business book, but is obliged to keep the revenues that he receives through the business account with the bank. An entrepreneur does not keep a business book, but only a book of traffic, does not compile a tax balance, does not compile an annual financial report, and the tax on income from self-employment pays the decision of the tax authority that brings it at the beginning of the year. The goal of my research is my endeavor to point out the problem that our entrepreneurs have in presenting and insighting the actual business results achieved in one business cycle.

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