Pub Date : 2022-11-23DOI: 10.18778/2391-6478.s.2022.07
Santiago Catalá Rubio
The purpose of this article is twofold: on the one hand, to relate the fiscal and financial model to the Social and Democratic Rule of Law, on the other one, to transfer Spanish experiences that may be of interest to Poland, as both countries began their democratic experience and integration into the European Union a few decades ago. From a multidisciplinary perspective, the contributions that law could make to the field of political economy can be of capital importance for the consolidation of our democratic systems, public order, and social peace, analyzing the role of religious confessions. Methodology. To achieve this purpose, the analytical-comparative-interdisciplinary method was chosen as it was considered the most appropriate one in view of the close connections between economics, law, progress and social peace. The result of the research. The work shows that democracies, although they are the most effective models for achieving the highest standards of progress, and even though in the Polish and Spanish cases, they have the advantage of having served to bring dictatorial periods to an end, there is a need for effective control mechanisms. Democracies absolutely cannot degenerate into corrupt and ineffective systems under the control of large political and partisan oligarchies. The independence of the judiciary is, in this sense, an essential and inalienable element in guaranteeing the correct functioning of other state institutions. It is necessary to insist on the importance of the legal norm as an instrument of political control and its impact on macroeconomics, and the consolidation of democratic regimes, even more in the context initiated with the respective integration processes in the European Union. On the other hand, the aim is to show how beneficial tax treatment for religious denominations has a powerful effect on the achievement of the common good and social peace. In addition, it is about relating importance that has the budgetary balance and mechanisms for controlling public expenditure for the maintenance of progress and social justice in a sustainable model.
{"title":"Democracy, Economy, Progress and the Rule of Law. Special Reference to the Tax Regime for Religious Denominations","authors":"Santiago Catalá Rubio","doi":"10.18778/2391-6478.s.2022.07","DOIUrl":"https://doi.org/10.18778/2391-6478.s.2022.07","url":null,"abstract":"The purpose of this article is twofold: on the one hand, to relate the fiscal and financial model to the Social and Democratic Rule of Law, on the other one, to transfer Spanish experiences that may be of interest to Poland, as both countries began their democratic experience and integration into the European Union a few decades ago. From a multidisciplinary perspective, the contributions that law could make to the field of political economy can be of capital importance for the consolidation of our democratic systems, public order, and social peace, analyzing the role of religious confessions. Methodology. To achieve this purpose, the analytical-comparative-interdisciplinary method was chosen as it was considered the most appropriate one in view of the close connections between economics, law, progress and social peace. The result of the research. The work shows that democracies, although they are the most effective models for achieving the highest standards of progress, and even though in the Polish and Spanish cases, they have the advantage of having served to bring dictatorial periods to an end, there is a need for effective control mechanisms. Democracies absolutely cannot degenerate into corrupt and ineffective systems under the control of large political and partisan oligarchies. The independence of the judiciary is, in this sense, an essential and inalienable element in guaranteeing the correct functioning of other state institutions. It is necessary to insist on the importance of the legal norm as an instrument of political control and its impact on macroeconomics, and the consolidation of democratic regimes, even more in the context initiated with the respective integration processes in the European Union. On the other hand, the aim is to show how beneficial tax treatment for religious denominations has a powerful effect on the achievement of the common good and social peace. In addition, it is about relating importance that has the budgetary balance and mechanisms for controlling public expenditure for the maintenance of progress and social justice in a sustainable model.","PeriodicalId":34805,"journal":{"name":"Finanse i Prawo Finansowe","volume":"44 1","pages":""},"PeriodicalIF":0.0,"publicationDate":"2022-11-23","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"84631842","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
Pub Date : 2022-11-23DOI: 10.18778/2391-6478.4.36.02
Sylwia Frydrych
The purpose of the article. The subject of this article is the analysis of the change in the share price on the day of the company's debut on the NewConnect market due to the reasons for its exclusion from trading. The analysis was carried out for all companies debuting on NewConnect in 2007 – 2020. The results are presented depending on the share issue price. The paper hypothesized that companies whose share issue price was incorrectly estimated, which means overvalued or undervalued IPO, are more often withdrawn from the NewConnect market. Methodology. The research was carried out using the analysis of source data. In the research process, the author used, in addition to the analysis of the literature, the method of observation. Results of the research. As a result of the research, it was found that 39.84% of companies that debuted on the NewConnect market in 2007 – 2020 were excluded from trading. 56.28% of the withdrawn companies were forcibly excluded. On the other hand, 108 companies were withdrawn from trading voluntarily, and the prevailing premise in this group of entities was the transfer of the company to the WSE Main Market. Voluntary reasons prevail among entities withdrawn from trading, whose shares had an issue price of PLN 5 and higher. On the other hand, in the group of "penny" companies, the main reason for delisting is the safety of trading and liquidation bankruptcy. An increase in the share price on the debut day was recorded in 69.64% of entities withdrawn from NewConnect. The adopted hypothesis was positively verified. Companies whose share issue price was not properly estimated were withdrawn from the NewConnect market more often than entities whose securities price did not change on the day of their debut. The level of withdrawn companies whose IPO was overvalued and undervalued is similar. The conducted research proves that among overvalued initial public offerings, the share of voluntary reasons for withdrawal prevails, while among undervalued ones there is a higher share of forcibly excluded entities. However, the amount of the issue price according to the ranges adopted in the study does not constitute a premise for the withdrawal of companies from the NewConnect market.
{"title":"Cena emisyjna w pierwszej ofercie publicznej a przyczyny wykluczenia spółki z NewConnect","authors":"Sylwia Frydrych","doi":"10.18778/2391-6478.4.36.02","DOIUrl":"https://doi.org/10.18778/2391-6478.4.36.02","url":null,"abstract":"The purpose of the article. The subject of this article is the analysis of the change in the share price on the day of the company's debut on the NewConnect market due to the reasons for its exclusion from trading. The analysis was carried out for all companies debuting on NewConnect in 2007 – 2020. The results are presented depending on the share issue price. The paper hypothesized that companies whose share issue price was incorrectly estimated, which means overvalued or undervalued IPO, are more often withdrawn from the NewConnect market. Methodology. The research was carried out using the analysis of source data. In the research process, the author used, in addition to the analysis of the literature, the method of observation. Results of the research. As a result of the research, it was found that 39.84% of companies that debuted on the NewConnect market in 2007 – 2020 were excluded from trading. 56.28% of the withdrawn companies were forcibly excluded. On the other hand, 108 companies were withdrawn from trading voluntarily, and the prevailing premise in this group of entities was the transfer of the company to the WSE Main Market. Voluntary reasons prevail among entities withdrawn from trading, whose shares had an issue price of PLN 5 and higher. On the other hand, in the group of \"penny\" companies, the main reason for delisting is the safety of trading and liquidation bankruptcy. An increase in the share price on the debut day was recorded in 69.64% of entities withdrawn from NewConnect. The adopted hypothesis was positively verified. Companies whose share issue price was not properly estimated were withdrawn from the NewConnect market more often than entities whose securities price did not change on the day of their debut. The level of withdrawn companies whose IPO was overvalued and undervalued is similar. The conducted research proves that among overvalued initial public offerings, the share of voluntary reasons for withdrawal prevails, while among undervalued ones there is a higher share of forcibly excluded entities. However, the amount of the issue price according to the ranges adopted in the study does not constitute a premise for the withdrawal of companies from the NewConnect market.","PeriodicalId":34805,"journal":{"name":"Finanse i Prawo Finansowe","volume":"17 1","pages":""},"PeriodicalIF":0.0,"publicationDate":"2022-11-23","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"81469418","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
Pub Date : 2022-11-23DOI: 10.18778/2391-6478.s.2022.02
José Luis Muñoz López
The purpose of this article is to analyze the ultimate purpose of the tax system that gives meaning and legitimacy to taxation. The citizen thus becomes an integral part of the State, has the ability to elect its representatives through suffrage. The law is a guarantee of equality and justice that provides legal security, facilitating peace and coexistence. This guarantee is manifested through the constitutional system (Alvarado Plana, 2016: 193–195), where the Constitution (Escudero, 2012: 857–858) becomes the legislative framework and the supreme norm of the entire legal system that orders the coexistence of citizens and ensures the proper functioning of the State. The tax system is defined as a revenue collection tool to cover the needs of the State, but there is certainly more than that: to achieve the goal of equality, justice, freedom, peace and well-being of the society, but also to guarantee the sustainability of the system, achieve progress and social peace. It is also essential to attract investment, create wealth and achieve proper development within the European Union (Sampedro, 2010: 300–309). Methodology. The analysis includes the basic values and principles assumed by Spanish culture, the evolution towards a modern society in which the citizen has rights and duties enshrined in the Constitution that justifies and legitimizes tax system and therefore taxes and a critical vision and an approach to our tax model through its ultimate purpose to contribute to defray public spending. All of these based on the principles and values established in the Spanish Constitution, which enshrines the rights of the citizen and, through them, supports the conception of the State itself. It also provides a modern approach to the future of our society and guarantees the legitimacy of our tax system. The result of the research. The analysis shows that the ultimate goal of the tax system is to contribute to public spending by the State. Therefore, in the contribution and control of spending, we find the guarantee that the State has healthy public accounts (deficit reduction, less public debt, and strict control of spending), so that the State has greater sovereignty and economic decision-making capacity. It allows the country to meet the objectives of the Constitution for any advanced society, such as peace, equality, justice, freedom and well-being of its citizens.
本文的目的是分析税收制度的最终目的，使税收具有意义和合法性。公民因此成为国家不可分割的一部分，有能力通过选举选举其代表。法律是平等正义的保障，提供法律保障，促进和平共处。这种保障通过宪法体系体现出来(Alvarado Plana, 2016: 193-195)，其中宪法(Escudero, 2012: 857-858)成为整个法律体系的立法框架和最高规范，命令公民共存并确保国家的正常运作。税收制度被定义为一种收入收集工具，以满足国家的需要，但肯定不止于此:实现平等、正义、自由、和平和社会福祉的目标，而且还保证制度的可持续性，实现进步和社会和平。在欧盟内部吸引投资、创造财富和实现适当发展也是必不可少的(Sampedro, 2010: 300-309)。方法。分析包括西班牙文化的基本价值观和原则，向现代社会的演变，在现代社会中，公民拥有宪法规定的权利和义务，这证明了税收制度的正当性和合法性，因此税收，以及通过其最终目的为支付公共支出做出贡献的关键愿景和方法。所有这些都以《西班牙宪法》所确立的原则和价值为基础，这些原则和价值体现了公民的权利，并通过这些原则和价值支持国家概念本身。它还为我们社会的未来提供了一种现代的方法，并保证了我们税收制度的合法性。研究的结果。分析表明，税收制度的最终目标是为国家的公共开支作出贡献。因此，在支出的贡献和控制中，我们找到了国家拥有健康的公共账户(削减赤字、减少公共债务、严格控制支出)的保证，从而使国家拥有更大的主权和经济决策能力。它使国家能够实现宪法对任何先进社会的目标，如和平、平等、正义、自由和公民的福祉。
{"title":"The Purpose of the Tax System that Gives Meaning and Legitimacy to Taxes","authors":"José Luis Muñoz López","doi":"10.18778/2391-6478.s.2022.02","DOIUrl":"https://doi.org/10.18778/2391-6478.s.2022.02","url":null,"abstract":"The purpose of this article is to analyze the ultimate purpose of the tax system that gives meaning and legitimacy to taxation. The citizen thus becomes an integral part of the State, has the ability to elect its representatives through suffrage. The law is a guarantee of equality and justice that provides legal security, facilitating peace and coexistence. This guarantee is manifested through the constitutional system (Alvarado Plana, 2016: 193–195), where the Constitution (Escudero, 2012: 857–858) becomes the legislative framework and the supreme norm of the entire legal system that orders the coexistence of citizens and ensures the proper functioning of the State. The tax system is defined as a revenue collection tool to cover the needs of the State, but there is certainly more than that: to achieve the goal of equality, justice, freedom, peace and well-being of the society, but also to guarantee the sustainability of the system, achieve progress and social peace. It is also essential to attract investment, create wealth and achieve proper development within the European Union (Sampedro, 2010: 300–309). Methodology. The analysis includes the basic values and principles assumed by Spanish culture, the evolution towards a modern society in which the citizen has rights and duties enshrined in the Constitution that justifies and legitimizes tax system and therefore taxes and a critical vision and an approach to our tax model through its ultimate purpose to contribute to defray public spending. All of these based on the principles and values established in the Spanish Constitution, which enshrines the rights of the citizen and, through them, supports the conception of the State itself. It also provides a modern approach to the future of our society and guarantees the legitimacy of our tax system. The result of the research. The analysis shows that the ultimate goal of the tax system is to contribute to public spending by the State. Therefore, in the contribution and control of spending, we find the guarantee that the State has healthy public accounts (deficit reduction, less public debt, and strict control of spending), so that the State has greater sovereignty and economic decision-making capacity. It allows the country to meet the objectives of the Constitution for any advanced society, such as peace, equality, justice, freedom and well-being of its citizens.","PeriodicalId":34805,"journal":{"name":"Finanse i Prawo Finansowe","volume":"95 1","pages":""},"PeriodicalIF":0.0,"publicationDate":"2022-11-23","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"85771544","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
Pub Date : 2022-11-23DOI: 10.18778/2391-6478.s.2022.05
Mª Gabriela Lagos Rodríguez
The aim of the article: The aim is to examine factors explaining tax compliance identified in the Economy to design an efficient tax compliance system. Methodology: In order to achieve the formulated aim, the paper provides an economic literature review on tax compliance related to the efforts of governments to encourage taxpayer compliance while minimizing the cost of a tax administration’s activity. The paper presents a brief laying out the economics of tax evasion. Them, it focuses on critical summaries of what has been learned. Results of the research: The different factors identified indicate that tax compliance is a complex problem, with evident social costs and a significant impact on tax administration decisions. The tax compliance system minimizes the uncertainty and encourages the adoption of a series of voluntary mechanisms for cooperation between taxpayers and the tax administration.
{"title":"Factors Explaining Tax Compliance","authors":"Mª Gabriela Lagos Rodríguez","doi":"10.18778/2391-6478.s.2022.05","DOIUrl":"https://doi.org/10.18778/2391-6478.s.2022.05","url":null,"abstract":"The aim of the article: The aim is to examine factors explaining tax compliance identified in the Economy to design an efficient tax compliance system. Methodology: In order to achieve the formulated aim, the paper provides an economic literature review on tax compliance related to the efforts of governments to encourage taxpayer compliance while minimizing the cost of a tax administration’s activity. The paper presents a brief laying out the economics of tax evasion. Them, it focuses on critical summaries of what has been learned. Results of the research: The different factors identified indicate that tax compliance is a complex problem, with evident social costs and a significant impact on tax administration decisions. The tax compliance system minimizes the uncertainty and encourages the adoption of a series of voluntary mechanisms for cooperation between taxpayers and the tax administration.","PeriodicalId":34805,"journal":{"name":"Finanse i Prawo Finansowe","volume":"1 1","pages":""},"PeriodicalIF":0.0,"publicationDate":"2022-11-23","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"78522687","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
Pub Date : 2022-11-23DOI: 10.18778/2391-6478.4.36.06
Radosław Witczak
The purpose of the article/hypothesis. The purpose of the paper is the evaluation of using STIR to blockade the bank account by tax administration. The research hypothesis is as follows: The blockade of the bank account by the use of STIR is abused by tax administration. Methodology. The descriptive study including critical attitude to legal acts and literature was used as well as the case studies of SAC’s decisions were applied as scientific methods. Results of the research. Tax frauds in VAT are an important problem of security of taxpayers. One instrument to combat them is the blockade of bank account by the use of STIR. Tax authorities very seldom use the blockade of bank account by the use of STIR. The analysis of SAC’s decisions shows that tax authorities do not abuse this instrument. The blockade of bank account by the use of STIR decreases tax frauds and increases the security of taxpayers.
{"title":"The Blockade of Bank Account by the Use of Stir – Danger or Protection for Taxpayers in the Light of Sac’s Decisions","authors":"Radosław Witczak","doi":"10.18778/2391-6478.4.36.06","DOIUrl":"https://doi.org/10.18778/2391-6478.4.36.06","url":null,"abstract":"The purpose of the article/hypothesis. The purpose of the paper is the evaluation of using STIR to blockade the bank account by tax administration. The research hypothesis is as follows: The blockade of the bank account by the use of STIR is abused by tax administration. Methodology. The descriptive study including critical attitude to legal acts and literature was used as well as the case studies of SAC’s decisions were applied as scientific methods. Results of the research. Tax frauds in VAT are an important problem of security of taxpayers. One instrument to combat them is the blockade of bank account by the use of STIR. Tax authorities very seldom use the blockade of bank account by the use of STIR. The analysis of SAC’s decisions shows that tax authorities do not abuse this instrument. The blockade of bank account by the use of STIR decreases tax frauds and increases the security of taxpayers.","PeriodicalId":34805,"journal":{"name":"Finanse i Prawo Finansowe","volume":"40 1","pages":""},"PeriodicalIF":0.0,"publicationDate":"2022-11-23","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"75244686","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
Pub Date : 2022-11-23DOI: 10.18778/2391-6478.s.2022.03
Maria Supera-Markowska
The purpose of this paper is to characterize the Spanish tax system and to present the main assumptions of tax policy in Spain in the context of the COVID-19 pandemic framework in order to formulate conclusions as to the desirable (or undesirable) directions of tax policy in other countries, including Poland in particular. In fact, the research hypothesis is that, to a large extent, certain changes in the Spanish tax system in 2021 may inspire the orientation of tax policies in other countries, especially in Poland. Spain, like other countries, had to face a need to modify its tax policy due to the effects and challenges that the pandemic period has created, but the Spanish tax policy was shaped in a completely different way than the Polish policy in the same pandemic circumstances. Obviously, it is necessary to take into account systemic differences in both countries, but these may also constitute a contribution to the determination of the desired directions of systemic changes, on the basis of the experiences from the pandemic period, which highlighted many – not only temporary – problems. The methodology used in the paper is a dogmatic-legal and legal-comparative method, taking into account the provisions of constitutional law and tax law, the body of literature and case law as well as some economic data. The results of the research is the formulation of some conclusions as to the desirable directions of tax policy taking into account the indisputable need for higher or additional tax revenues (necessary in the face of excessive fiscal indicators), but at the same time realizing the basic tax principles, such as, in particular, the principles of tax capacity, equity, simplicity and transparency and respecting the financial autonomy of regional and local self-government units. In fact, a responsible tax policy should be aimed at ensuring financial as well as environmental sustainability, while being relevant to the current times and their economic, technological and social realities, always in line with the fundamental principle of social justice and tax (economic) capacity. This means, in particular, that the increase in public burdens (if that may not be avoided for the implementation of the fiscal function) should affect carefully selected entities – those with a greatest tax capacity (e.g., tax payers with the highest incomes or the largest assets). On the other hand, it may serve important non-fiscal objectives (changing unfavourable dietary habits, countering speculative transactions, protecting the environment). At the same time, for these assumptions to have a positive effect, it is necessary to combat tax avoidance at its roots by building up the conviction among taxpayers that the tax system is fair, transparent and friendly, and for this purpose, it is necessary to be honest in the messages addressed to taxpayers about the foundations and assumptions of that system and to facilitate its practical operation in contacts with the tax ad
{"title":"The Spanish Tax System and Tax Policy in Spain in the Context of the Covid-19 Pandemic Framework","authors":"Maria Supera-Markowska","doi":"10.18778/2391-6478.s.2022.03","DOIUrl":"https://doi.org/10.18778/2391-6478.s.2022.03","url":null,"abstract":"The purpose of this paper is to characterize the Spanish tax system and to present the main assumptions of tax policy in Spain in the context of the COVID-19 pandemic framework in order to formulate conclusions as to the desirable (or undesirable) directions of tax policy in other countries, including Poland in particular. In fact, the research hypothesis is that, to a large extent, certain changes in the Spanish tax system in 2021 may inspire the orientation of tax policies in other countries, especially in Poland. Spain, like other countries, had to face a need to modify its tax policy due to the effects and challenges that the pandemic period has created, but the Spanish tax policy was shaped in a completely different way than the Polish policy in the same pandemic circumstances. Obviously, it is necessary to take into account systemic differences in both countries, but these may also constitute a contribution to the determination of the desired directions of systemic changes, on the basis of the experiences from the pandemic period, which highlighted many – not only temporary – problems. The methodology used in the paper is a dogmatic-legal and legal-comparative method, taking into account the provisions of constitutional law and tax law, the body of literature and case law as well as some economic data. The results of the research is the formulation of some conclusions as to the desirable directions of tax policy taking into account the indisputable need for higher or additional tax revenues (necessary in the face of excessive fiscal indicators), but at the same time realizing the basic tax principles, such as, in particular, the principles of tax capacity, equity, simplicity and transparency and respecting the financial autonomy of regional and local self-government units. In fact, a responsible tax policy should be aimed at ensuring financial as well as environmental sustainability, while being relevant to the current times and their economic, technological and social realities, always in line with the fundamental principle of social justice and tax (economic) capacity. This means, in particular, that the increase in public burdens (if that may not be avoided for the implementation of the fiscal function) should affect carefully selected entities – those with a greatest tax capacity (e.g., tax payers with the highest incomes or the largest assets). On the other hand, it may serve important non-fiscal objectives (changing unfavourable dietary habits, countering speculative transactions, protecting the environment). At the same time, for these assumptions to have a positive effect, it is necessary to combat tax avoidance at its roots by building up the conviction among taxpayers that the tax system is fair, transparent and friendly, and for this purpose, it is necessary to be honest in the messages addressed to taxpayers about the foundations and assumptions of that system and to facilitate its practical operation in contacts with the tax ad","PeriodicalId":34805,"journal":{"name":"Finanse i Prawo Finansowe","volume":"3 1","pages":""},"PeriodicalIF":0.0,"publicationDate":"2022-11-23","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"91040776","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
Pub Date : 2022-11-23DOI: 10.18778/2391-6478.s.2022.04
Maria Supera-Markowska
The purpose of this paper is a multifaceted theoretical and legal analysis of the issue of determining the tax capacity of entrepreneurs in income taxes so as to be able to assess the adequacy of the rules in this area for the proper implementation of this concept. The research hypothesis assumes that these rules currently in force, to a large extent, do not ensure proper implementation of the concept of tax capacity, especially in the conditions of the digitalized and globalized economy, but also in times of progressive development of instruments to counteract not only tax evasion but also tax avoidance. Therefore, it is necessary to change them in many aspects. The research was carried out using a dogmatic and comparative legal method, taking into account in particular the provisions of domestic, foreign and EU laws, the body of domestic and foreign tax law literature, court rulings and proposals for new tax and legal solutions put forward on the EU and international forum. The analysis took into account the essence of the tax capacity concept and closely related tax principles, as well as the functions of taxes, both in the national and international context. The results of the research is the formulation of some conclusions as to the desirable guidelines for determining the rules for measuring the tax capacity of entrepreneurs in income taxes, which should be related to the fundamental concept of tax capacity and the principles of equity and neutrality of taxation. Currently, these principles are violated in many national, as well as international aspects, i.a. by deviating from the criteria of income as an indicator of tax capacity. In this context a very important distinction should be made between situations where the abandoning of the determination of income of entrepreneurs is justified by the pursuit of a fair distribution of the tax burden (as, e.g., in case of so-called digital tax) and situations when it results from the desire to achieve certain non-fiscal goals. In such a case, any variation in those rules must be assessed on a case-by-case basis as to whether it is justified. In spite of the fact that potential justification may be the desire to achieve, in the context of the intervention function, a certain economic (social or other) policy objective, which requires an in-depth analysis in view of the potential infringement of the neutrality and equity principles that may result from that differentiation. On the other hand, in the former case, even temporarily – especially in the international aspect – until international solutions are worked out, it may even be indispensable to differentiate the rules for determining the tax capacity of entrepreneurs (e.g. abandoning the criterion of income in favor of revenue in digital tax) precisely in order to ensure fair and neutral taxation. In this context, it is worth noting that some of the problems underlying these different approaches may be solved by a comprehensive reform of the rul
{"title":"Principles and Rules for Determining the Tax Capacity of Entrepreneurs in Income Taxes","authors":"Maria Supera-Markowska","doi":"10.18778/2391-6478.s.2022.04","DOIUrl":"https://doi.org/10.18778/2391-6478.s.2022.04","url":null,"abstract":"The purpose of this paper is a multifaceted theoretical and legal analysis of the issue of determining the tax capacity of entrepreneurs in income taxes so as to be able to assess the adequacy of the rules in this area for the proper implementation of this concept. The research hypothesis assumes that these rules currently in force, to a large extent, do not ensure proper implementation of the concept of tax capacity, especially in the conditions of the digitalized and globalized economy, but also in times of progressive development of instruments to counteract not only tax evasion but also tax avoidance. Therefore, it is necessary to change them in many aspects. The research was carried out using a dogmatic and comparative legal method, taking into account in particular the provisions of domestic, foreign and EU laws, the body of domestic and foreign tax law literature, court rulings and proposals for new tax and legal solutions put forward on the EU and international forum. The analysis took into account the essence of the tax capacity concept and closely related tax principles, as well as the functions of taxes, both in the national and international context. The results of the research is the formulation of some conclusions as to the desirable guidelines for determining the rules for measuring the tax capacity of entrepreneurs in income taxes, which should be related to the fundamental concept of tax capacity and the principles of equity and neutrality of taxation. Currently, these principles are violated in many national, as well as international aspects, i.a. by deviating from the criteria of income as an indicator of tax capacity. In this context a very important distinction should be made between situations where the abandoning of the determination of income of entrepreneurs is justified by the pursuit of a fair distribution of the tax burden (as, e.g., in case of so-called digital tax) and situations when it results from the desire to achieve certain non-fiscal goals. In such a case, any variation in those rules must be assessed on a case-by-case basis as to whether it is justified. In spite of the fact that potential justification may be the desire to achieve, in the context of the intervention function, a certain economic (social or other) policy objective, which requires an in-depth analysis in view of the potential infringement of the neutrality and equity principles that may result from that differentiation. On the other hand, in the former case, even temporarily – especially in the international aspect – until international solutions are worked out, it may even be indispensable to differentiate the rules for determining the tax capacity of entrepreneurs (e.g. abandoning the criterion of income in favor of revenue in digital tax) precisely in order to ensure fair and neutral taxation. In this context, it is worth noting that some of the problems underlying these different approaches may be solved by a comprehensive reform of the rul","PeriodicalId":34805,"journal":{"name":"Finanse i Prawo Finansowe","volume":"54 1","pages":""},"PeriodicalIF":0.0,"publicationDate":"2022-11-23","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"84665378","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
Pub Date : 2022-11-23DOI: 10.18778/2391-6478.4.36.04
Artur Ochot
The purpose of the article/hypothesis. The statistics on environmental taxes in Poland lack a very specific resource taxation in form of the tax on extraction of certain minerals and the exploitation levy, which is the subject of this article. This paper aims to provide a proof that these taxes should be considered environmental in nature and as such are required to be reported by the European law. Thus, the article suggests and recommends that national environmental tax revenues data should be corrected. Methodology. First, the law and literatue overview is presented, taking view on the characteristics of environmental taxes and placing those taxes that are subject of this article into this category. Next, fiscal importance of those taxes is measured within budgets of its receivers. Additionally, the article provides the information on how much environmental tax statistics would have changed after taking into consideration the taxes discussed in this article. The research period of this study is 2012–2020. It is dictated by the introduction of tax on certain mineral extraction and the latest budget reports available. The research is limited by the accessibility of public data which does not provide separate accounts of hydrocarbon taxes (which should be excluded from environmental data) and taxes on other minerals. Results of the research. The overview of the literature provides some evidence that the exploitation levy should be treated as a tax and, together with the tax on certain mineral extraction, should be treated as environmental in nature. Thus, they should be implemented in national environmental tax statistics. Although majority of environmental tax revenues is made by taxes on energy, the result of this implementation would significantly change values of taxes on pollution and resources, making it second (out of three) most important category within environmental taxes in Poland.
{"title":"Mineral Resource Taxation in Poland as Environmental Revenue","authors":"Artur Ochot","doi":"10.18778/2391-6478.4.36.04","DOIUrl":"https://doi.org/10.18778/2391-6478.4.36.04","url":null,"abstract":"The purpose of the article/hypothesis. The statistics on environmental taxes in Poland lack a very specific resource taxation in form of the tax on extraction of certain minerals and the exploitation levy, which is the subject of this article. This paper aims to provide a proof that these taxes should be considered environmental in nature and as such are required to be reported by the European law. Thus, the article suggests and recommends that national environmental tax revenues data should be corrected. Methodology. First, the law and literatue overview is presented, taking view on the characteristics of environmental taxes and placing those taxes that are subject of this article into this category. Next, fiscal importance of those taxes is measured within budgets of its receivers. Additionally, the article provides the information on how much environmental tax statistics would have changed after taking into consideration the taxes discussed in this article. The research period of this study is 2012–2020. It is dictated by the introduction of tax on certain mineral extraction and the latest budget reports available. The research is limited by the accessibility of public data which does not provide separate accounts of hydrocarbon taxes (which should be excluded from environmental data) and taxes on other minerals. Results of the research. The overview of the literature provides some evidence that the exploitation levy should be treated as a tax and, together with the tax on certain mineral extraction, should be treated as environmental in nature. Thus, they should be implemented in national environmental tax statistics. Although majority of environmental tax revenues is made by taxes on energy, the result of this implementation would significantly change values of taxes on pollution and resources, making it second (out of three) most important category within environmental taxes in Poland.","PeriodicalId":34805,"journal":{"name":"Finanse i Prawo Finansowe","volume":"61 1","pages":""},"PeriodicalIF":0.0,"publicationDate":"2022-11-23","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"88519208","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
Pub Date : 2022-09-14DOI: 10.18778/2391-6478.3.35.02
Olga Krzeczewska, L. M. Serra Coelho
The purpose of the article/hypothesis: This paper aims to provide a comprehensive review of the theoretical and empirical literature regarding tax-induced earnings management. In particular, the association between anticipated tax changes and earnings management is of interest to the authors. Methodology: This paper uses a systematic literature review to achieve its research objectives. Results of the research: The presented research is mostly devoted to tax rate decreases and focuses on accrual-based earnings management methods. In anticipation of a tax rate change, companies shift their income from a high to a low tax rate period. Moreover, the probability of tax-induced earnings management is higher in case of extreme changes in the tax rate, larger prospects for tax savings as well as in case of private firms. This paper identifies several inconsistencies and gaps in the current literature, emphasizing that the connection between firms’ characteristics, the level of book-tax conformity and the practice of earnings management remains unclear.
{"title":"Corporate Income Tax Changes in the Context of Earnings Management: a Review of the Literature","authors":"Olga Krzeczewska, L. M. Serra Coelho","doi":"10.18778/2391-6478.3.35.02","DOIUrl":"https://doi.org/10.18778/2391-6478.3.35.02","url":null,"abstract":"The purpose of the article/hypothesis: This paper aims to provide a comprehensive review of the theoretical and empirical literature regarding tax-induced earnings management. In particular, the association between anticipated tax changes and earnings management is of interest to the authors. \u0000Methodology: This paper uses a systematic literature review to achieve its research objectives. \u0000Results of the research: The presented research is mostly devoted to tax rate decreases and focuses on accrual-based earnings management methods. In anticipation of a tax rate change, companies shift their income from a high to a low tax rate period. Moreover, the probability of tax-induced earnings management is higher in case of extreme changes in the tax rate, larger prospects for tax savings as well as in case of private firms. This paper identifies several inconsistencies and gaps in the current literature, emphasizing that the connection between firms’ characteristics, the level of book-tax conformity and the practice of earnings management remains unclear.","PeriodicalId":34805,"journal":{"name":"Finanse i Prawo Finansowe","volume":"85 1","pages":""},"PeriodicalIF":0.0,"publicationDate":"2022-09-14","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"76222577","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
Pub Date : 2022-09-14DOI: 10.18778/2391-6478.3.35.05
Katerina Lyroudi, Monika Bolek
The purpose of the article/hypothesis: The goal of this paper is to present costs and taxes as a part of financial management process in companies listed on the WSE. In the hypothesis it is expected that costs influence taxes paid by companies in a negative way due to the tax avoidance purpose attitude presented by managers, and as a result, both liquidity and debt levels are influenced. Methodology: Correlation coefficients and regression models are evaluated to find the answers for the research questions related to the relationships between tested variables. Results of the research: The correlation between costs and taxes is negative as expected, as well as their relationship with the liquidity. Contrary to the expectations, the correlation between taxes and costs is mostly positive, alike the relationship between liquidity and debt. Findings are characteristic for the Polish market that is rather conservative in the approach to taxes, liquidity and leverage strategies compared to other developed markets. These findings prove that liquidity and debt management issues are subjective and related to the market behavior such as tax evasion attitudes.
{"title":"Costs and Taxes in the Light of Financial Management in Companies Listed on WSE","authors":"Katerina Lyroudi, Monika Bolek","doi":"10.18778/2391-6478.3.35.05","DOIUrl":"https://doi.org/10.18778/2391-6478.3.35.05","url":null,"abstract":"The purpose of the article/hypothesis: The goal of this paper is to present costs and taxes as a part of financial management process in companies listed on the WSE. In the hypothesis it is expected that costs influence taxes paid by companies in a negative way due to the tax avoidance purpose attitude presented by managers, and as a result, both liquidity and debt levels are influenced. \u0000Methodology: Correlation coefficients and regression models are evaluated to find the answers for the research questions related to the relationships between tested variables. \u0000Results of the research: The correlation between costs and taxes is negative as expected, as well as their relationship with the liquidity. Contrary to the expectations, the correlation between taxes and costs is mostly positive, alike the relationship between liquidity and debt. Findings are characteristic for the Polish market that is rather conservative in the approach to taxes, liquidity and leverage strategies compared to other developed markets. These findings prove that liquidity and debt management issues are subjective and related to the market behavior such as tax evasion attitudes.","PeriodicalId":34805,"journal":{"name":"Finanse i Prawo Finansowe","volume":"38 1","pages":""},"PeriodicalIF":0.0,"publicationDate":"2022-09-14","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"74249584","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
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