Debt Tax Research Articles

К вопросам обращения взыскания по налоговой задолженности в исполнительном производстве

The positions of various authors on the issues of enforcement measures and actions used by bailiffs and tax officials to collect tax debts are considered. The possibility of collecting tax debt from a debtor-citizen for his economic activities in a liquidated, bankrupt company or in the absence of its property, when the citizen appropriated financial amounts for himself without paying taxes on them, is touched upon. It is proposed to transfer the powers to foreclose on tax debts and compile statistical reports from the Federal Tax Service to the Federal Bailiffs Service, leaving the function of “seizure” of the debtor’s property at the claim stage of settling tax debts to the Federal Tax Service, so that the debtor would subsequently be unable to avoid its collection by a bailiff. In this regard, it is expected to be quite logical to reduce the number of staff in the Federal Tax Service and increase it in the Federal Bailiffs Service. The introduction of a ban on registration of shell companies is justified by the insufficiency of insurance financial and (or) property assets. The position of the inexpediency of judicial collection of funds by a bailiff due to a debtor from a third party under judicial acts is substantiated, if there is confirmation of financial or property funds due to the debtor by documentary evidence collected at the request of a bailiff or provided by the recoverer – the Federal Tax Service, since foreclosure by a bailiff on these funds is possible and without legal recourse.

Exchange of tax information in the context of the implementation of administrative cooperation of Ukraine with foreign countries on the collection of tax debt

Exchange of tax information in the context of the implementation of administrative cooperation of Ukraine with foreign countries on the collection of tax debt

ARTICLE Legal Framework of Tax Debt Collection and Tax Authorities' Right of Preference in Bankruptcy

ARTICLE Legal Framework of Tax Debt Collection and Tax Authorities' Right of Preference in Bankruptcy

Conflict Between Fulfillment of Tax Obligations and Fulfillment of the Rights of Dependence Holders

Banks are institutions that have an essential role in national economic development. Banks function as institutions that store and distribute funds to the public in the form of credit. In distributing and providing credit from banks to debtors, even though a credit analysis has been carried out, there are still risks that may be borne by the bank, such as late payments and failure to pay. Therefore, banks need Credit Collateral as collateral if this risk occurs. Credit collateral is an asset from a debtor guaranteed to the bank by installing a mortgage right so that the bank has the rights to the debtor's guaranteed assets. For debtors who have tax debts, the State will take their assets to pay their tax debts, including assets handed over to the bank. The problem occurs in this case where the bank's rights as the holder of mortgage rights are faced with the State's rights to fulfill tax debts. Tax bills will be considered the highest priority in the proceeds from the sale of assets. Even though the bank has mortgage rights, tax claims are usually still prioritized over the bank's rights. So, in particular financial or legal matters, the State may have a particular claim or priority over certain payments or assets, and the State may defeat the mortgage holder.

საქართველოს საგადასახადო სისტემის რეფორმირება: პრობლემური საკითხები

The article deals with some problematic issues identified in the process of reforming the tax system of Georgia. We focused on the risks identified in the direction of writing off tax debts, simplifying the procedures for refunding overpaid amounts, as well as excise policy measures. Forms of the relationship between tax administration bodies and taxpayers are part of the tax system. The results of the functioning of the tax system depend not only on the tax legislation and the quality of tax administration, but also on the mentality of citizens, their obedience to law, their commitment concerning the established tax burden, and public tax culture. It is clear that different societies differ from one another in their specific tax culture. We believe that the level of readiness of taxpayers for the tax burden should be considered when planning for reforming the tax system. In this context, the measures should be planned in such a way that by providing the right positive or negative incentives, the motivation of tax payers and the attitudes of society as a whole proceed in the way that could be desired in the long run. Taking into consideration the above circumstances, we think that the reform of tax legislation and administration system should continue under the following conditions: • A further simplification of procedures of tax administration. The further strengthening of electronic services; • Keeping the existing low tax rates. Under the conditions of the current level of tax culture, high tax rates push taxpayers to shady operations, thereby undermining their loyalty to taxes; • At the current stage, we consider unfounded the recent practice of introducing additional (especially non-tax) regulations for tax payers; • Caution should be exercised when writing off tax debts. Such precedents, especially those of a continuous nature, undermine the motivation of taxpayers; • There is a need to correct some weaknesses in the tax legislation and administration. This applies not only to the procedures for refunding overpaid amounts, but also to the possibilities of illegal use of special taxation regimes and a number of benefits; • It is important to give a sense of the stability of tax practices in society. It is necessary to comply with tax liabilities, regulation by law, uniformity, justice and other principles. Only in this case, the public tax culture will develop in the right direction in the long run.

Corporate Tax Saving Strategy and Share Price Performance

This study ascertained how corporate tax saving strategy affect share price performance. It examined how debt tax shield, non-debt tax shield, and effective tax rate affect share price performance. The secondary source of data collection was adopted in the study where the purposive sampling technique was used to select a sample size of twelve (12) listed industrial goods firms in Nigeria. Ordinary Least Square regression analysis was used in this study and the findings revealed that non-debt tax shield has significant effect on share price performance of listed industrial goods firms in Nigeria and that effective tax rate has significant effect on share price performance of listed industrial goods firms in Nigeria. The study concluded that crucial component of fiscal policy that has a great impact on both the social and economic development of a nation, hence, tax savings demands attention from managers at all levels of management. The study recommended that Nigerian government needs subsidize cost of debt-financing for the companies operating in the country’s capital market and that stakeholders should develop the financial markets and make it accessible for firms to obtain long-term financing for economic growth and development.

Refund of mistakenly paid and/or overpaid customs duties: ways to improve the effectiveness of the protection of the rights of economic operators

The article draws attention to the fact that, at the moment, there is significant support among administrative courts for the opinion according to which the measure of judicial response to the fact that the customs authority did not prepare a conclusion on the recovery of mistakenly paid and/ or overpaid customs duties from the budget is to recognize this inaction as unlawful and placing the respective customs authority under obligation to prepare such a conclusion and submit it to the state treasury. In contrast to this, according to the provisions of the doctrine of effective judicial protection, which is approved in the literal meaning of the provisions of the legislation on administrative proceedings and is developed and specified in the practice of its interpretation and application, optimal ways of influencing the court on disputed legal relations in cases of illegality of decisions, actions and inactions of sub In many cases, the subject of power has a direct obligation to restore violated rights. In light of this, it is justified that an effective method of judicial protection of the rights of declarants against the inaction of customs authorities in the framework of the procedure for the return of mistakenly and/or excessively paid amounts of customs payments, which would fully and definitively restore their rights, excluding the need for repeated appeals to the court by ensuring the possibility of enforcement of a court decision, there is a collection from the state budget through the state treasury of mistakenly and/or excessively paid amounts of customs payments. It is noted that for the possibility of forced recovery of erroneously and/or excessively paid amounts of customs payments by the administrative court, the declarant must confirm that he has fulfilled all the requirements of the law for this, in particular, that he has no tax debt. It is noted that the further perspective of increasing the effectiveness of the protection of the rights of declarants in legal relations regarding the return of mistakenly and/or excessively paid amounts of customs payments is the introduction of the possibility of administrative courts to collect these funds based on the results of consideration not only of cases about the return of mistakenly and/or excessively paid amounts of customs payments, but and by satisfying the requirement for this in cases in which the illegality of the decisions of the customs authorities is established, which led to the groundless accrual or additional accrual of the amounts of customs payments (in particular, in the cases of recognition as illegal and cancellation of the decision on the adjustment of the customs value of goods). This should optimize the organizational and economic losses of declarants and customs authorities, caused by the need to apply for formal confirmation of the existence of grounds for the return of mistakenly and/or excessively paid amounts of customs payments under a special procedure.

Взыскание трансграничной налоговой задолженности

The article comprehensively covers the problem of collecting cross-border tax debt. The author, based on national legislation, international treaties and law enforcement practice, explores domestic and international legal mechanisms for collecting “internal” (due by foreign/non-resident debtors to the Russian budget system) and “external” cross-border tax debt (due by Russian/resident debtors to the budget of a foreign state), identifies difficulties in their implementation and ways to solve them.

Financing local public projects

This paper studies the financing of local public projects. The setting is a community with durable housing, undeveloped land available for new homes, and population turnover. The community invests in a public project that may be financed with a mix of a tax on current residents and a debt issue. The paper shows that financing with a debt–tax mix is equivalent to pure tax finance coupled with a tax on future development whose proceeds are shared by future residents. This result has three implications. First, Ricardian Equivalence holds if and only if there would be no future development were the project purely tax financed. Second, when Ricardian Equivalence does not hold, the optimal debt level is such that the associated tax on development appropriately internalizes the negative externalities from this development. Third, when Ricardian Equivalence does not hold, the debt level preferred by current residents will be higher than optimal.

Personal liability of a de facto director for the tax debts of a limited liability company under German, Austrian and Polish law

Personal liability of a de facto director for the tax debts of a limited liability company under German, Austrian and Polish law

How to account for tax planning and its uncertainty in firm valuation?

I compare two approaches from the recent literature on how to account for tax planning and its uncertainty in a valuation framework [the separate view of Drake et al. (J Account Audit Financ 34(1):151–176, 2019) vs. the composite view of Jacob and Schütt (Eur Account Rev 29(3):409–435, 2020)], emphasizing measurement issues of tax planning and firm heterogeneity. Replication analyses and extensive robustness tests suggest that only considering tax planning and it’s uncertainty jointly and connecting them to firm value via income leads to consistent results, implying that higher uncertainty-adjusted tax planning amplifies the positive association between pre-tax income and firm value. However, the economic magnitude of this association depends on the measurement approach, ranging between 0.8 and 12.91%. Conversely, the separate view produces inconsistent results in all tests. These conclusions are not affected by incorporating recent losses (Dyreng et al. in Tax avoidance or recent losses? Working Paper, 2021) when an appropriate tax planning measure is chosen. While the results become insignificant when effective tax rates are used, applying the measure of Henry and Sansing (Rev Account Stud 23:1042–1070, 2018) mitigates this problem. Moreover, the positive value implication of uncertainty-adjusted tax planning is particularly pronounced for firms with low leverage whose debt tax shield and debt overhang are relatively small. The logic of jointly measuring tax planning and its uncertainty seems to be extendable to a variety of measures and to provide a more suitable measure than traditional isolated effective tax rates in a valuation framework.

Restructuring as a form of settlement of problematic credit debt of banking institutions

Definitions of credit debt restructuring of banking institutions provided in several legal acts are summarized. They are reduced to changing the essential conditions of the current credit agreement to soften the requirements for the borrower in connection with his financial difficulties, the need to create favorable conditions for him to fulfill his credit obligations. The objects of restructuring under the credit agreement are: interest rate; forgiveness of part of the debt; his debt repayment schedule; terms and amounts of repayment of the main part of the loan, fees, etc. Restructuring of the bank is defined as a set of measures aimed at improving the financial condition, increasing the liquidity and solvency of the bank, carried out in the form of reorganization of the bank, change of owner, management, acceptance of debt obligations by the investor, rehabilitation, merger, division, merger, absorption at the stage, that precedes the recognition of the bank as bankrupt and the NBU's decision to liquidate it. Objects of restructuring can be: bank, enterprise, borrower's debts, tax debt, debt obligations, investment project, tax debt, debt obligations for borrowing, debt for issuing bonds. Restructuring of problematic credit debt is a type of restructuring of the borrower's debts by concluding an additional agreement with the borrower, settlement agreement, financial restructuring. The latter is the most common and is a form of economic recovery of borrowers who are in critical financial condition; changes in the conditions and repayment terms of credit obligations; ensuring borrowers' access to financing to restore their economic activity. Subjects and forms of financial restructuring are systematized. The essence of financial restructuring as an out-of-court procedure through negotiations between the borrower, his related persons and involved creditors is determined. The conditions for the borrower's participation in financial restructuring have been diagnosed, and the mechanisms for its initiation and implementation have been formalized. The responsibilities of the borrower in terms of the development and implementation of the restructuring plan are described.

Kekuatan Eksekutorial Putusan Majelis Pengadilan Pajak Terhadap Sengketa Pajak di Indonesia

The purpose of this study is to analyze taxpayers who refuse their legal remedies and do not carry out the decision of the Panel Judge at the Tax Court which is the final decision and has permanent legal force (In kracht Van Gewijsde), and to analyze taxpayers whose legal remedies are granted so that officials the government is obliged to implement the decision of the Panel Judge at the Tax Court. In the laws and regulations general provisions and tax procedures followed by tax laws and regulations, and continued with the formation of formal tax law arrangements and material tax laws, there are 3 (three) tax levies, namely fines, interest, and increases, for related violations with tax obligations, whether late or not yet reporting notification letters (SPT) both periodical and annual, also late or unpaid underpayment of tax payable which should be included if there is an audit result that causes underpayment to become a tax dispute. On the other hand, however, there is an imbalance of interest that should be received by the taxpayer, if there is a refund of the overpayment of tax that is not payable. This study uses a normative juridical method which analyzes using statutory approaches and approaches. The results of this study are to find out that taxpayers are willing to pay off their tax debts and if there are other reasons they can be given the opportunity to repay even though they are subject to additional interest and/or fines, and government officials also carry out fair execution if they have to return overpaid taxes, as well as providing an imbalance of interest if it turns out that there is a delay in returning it because the decision of the Tax Court is final and has permanent legal force.

Legal mechanism for resolving tax disputes, which is initiated by submitting complaints to the business ombudsman council

Research article is devoted to the study of the legal mechanism for resolving tax disputes, which is initiated by submitting complaints to the Council of the Business Ombudsman, identifying the features and characteristics of this mechanism as one of the alternative ways of resolving disputes, in particular tax disputes. It is emphasized that tax disputes cause the submission of the majority of complaints to the business ombudsman, among them the following issues: blocking of tax invoices, VAT reimbursement, restoration of tax-legal status, determination of the customs value of goods, drawing up acts based on the results of tax audits, bringing to financial responsibility for violation of tax legislation, collection of tax debt and others. It is stated that more than 57 percent of complaints submitted to the business ombudsman in Ukraine relate to tax issues. It is shown that the business ombudsman determines the procedure for submitting, taking into consideration and considering complaints from business entities, makes decisions on the consideration of complaints in accordance with the regulations of the Council and forwards them for its consideration, and the Council of the business ombudsman considers complaints, makes requests to public administration bodies regarding their taking measures to implement the recommendations of the Council.The authority of the business ombudsman to organize cooperation on the part of the relevant parties as a mediator for the peaceful settlement of issues (in the form of concluding a “peaceful settlement”), which is the subject of their dispute, has been disclosed. The main features of the business ombudsman institution in Ukraine are highlighted and it is noted that the Business Ombudsman Council is not a threat to the public administration system, but contributes to the establishment of the trust of the business environment in the public administration and in general in the state. It has been noted that the issue of consolidation of the status of the business ombudsman institution at the level of a special law and clear definition of the legal boundaries of the business ombudsman’s exercise of powers, as well as research of the best experience of legal regulation and functioning of similar institutions in foreign countries and existing legal gaps, remains relevant.

REASONS FOR TAX DEBT AND THE MAIN DIRECTIONS FOR ITS REDUCTION

This article examines the main causes of tax debt. The opinions of foreign economists regarding the occurrence of tax debt in the country were also studied. Cases of timely payment of taxes and fees by legal entities and individual entrepreneurs were analyzed. Specific features of tax debt recovery in developed countries have been studied. Based on the above-mentioned circumstances, proposals and recommendations have been formulated to reduce tax debt in our country, including improving the practice of its effective collection.

In Italy, through a 'corporate' evolution, the tax authorities use balance sheet ratios to assess the possibility of tax debt accrual Remarkable development

In Italy, through a 'corporate' evolution, the tax authorities use balance sheet ratios to assess the possibility of tax debt accrual Remarkable development

WAYS TO REDUCE TAX DEBT IN THE COUNTRY BASED ON ADVANCED FOREIGN EXPERIENCE

This article examines the importance of taxes in the state economy and today, it is based on the fact that the reduction of tax debt in the country is one of the urgent issues. The opinions and comments of foreign economists on reducing tax debt were studied. Tax debts of legal entities, including individual entrepreneurs are analyzed. Specific features of tax debt recovery in developed countries have been studied. Based on the above-mentioned circumstances, proposals and recommendations have been formulated to reduce tax debt in our country, including improving the practice of its effective collection.

Subject Composition of the Contract of Trust Management of the Property of the Missing Person

Relevance. A missing person is not a ground for terminating the legal relationship in which he or she was involved. The missing person's property should be preserved and protected from the claims of third parties. For this purpose it is advisable to conclude a property trust agreement. However, the legislation contains gaps with regard to the procedure of its conclusion, which leads to unjustified refusals successfully appealed by the persons concerned in court. Their elimination will make it possible to apply this construction more often on the basis of the provisions of a single legal act enshrining the procedure for concluding an agreement and its standard form.The purpose is to substantiate the need to improve the legislation regulating the legal position of the subjects of the contract of trust management of the property of the missing person, including when it is concluded.Objectives are to identify the features of the legal regulation of the contract of trust management of the property of the missing person; to determine the criteria for the trustees of the studied agreement; to substantiate and formulate proposals for the improvement of civil legislation in the analyzed sphere.Methodology. The methods of analysis and synthesis, comparison, the method of ascending from the abstract to the concrete and the formal-legal method were used in the study.Results are of a theoretical and applied nature and contain suggestions for improving the legislation in terms of trust management of the property of the missing person in order to eliminate gaps in the law and increase the frequency of its use by the guardianship and trusteeship authorities.Conclusion. Contradictions to the civil legislation of rules of trust management of property of the missing person in subjects of the Russian Federation are revealed, for elimination of which it is offered to develop uniform regulations of definition of the candidate of the trustee of property of the missing person and order of the conclusion of the corresponding contract. It has been determined that when selecting a candidate for a trustee, a guardianship authority should take into account the necessary knowledge and skills, confirmed by documents; absence of a negative history of guardianship before and tax debts. It is proposed to create a unified database of trustees of the property of the missing person.

Upaya Penyelesaian Sengketa Pajak PT Taspen (Persero) Kantor Cabang Utama Medan

This article aims to find out how to resolve tax disputes between PT Taspen (Persero) and the Director General of Taxes of the Ministry of Finance regarding the amount of tax payable on Article 21 Income Tax (PPh) Employee Medical Expenses. The problem is focused on calculating the tax debt of PT Taspen (Persero) Medan Main Branch Office related to employee medical expenses. In order to approach this problem, theoretical references from state finances are used. This research is normative research by interpreting laws and regulations by judges by describing objects or events to get conclusions regarding the settlement of tax disputes. Based on the discussion of the analysis’ results of tax dispute resolution decisions for employee medical expenses, it can be concluded that inpatient and outpatient medical expenses are a deduction from employee income regarding taxable-deductible principle. Every income related to a job or any activity that is obtained by a personal taxpayer as long as the employer pays it and related to the job is an object of income. This study advise the management of PT Taspen (Persero) that it is not to pay for employees' medical expenses directly but using a third party, a health insurance company

Overdue taxdebt in Greece

Accumulation of overdue tax debts has been a thorn in the side of Greek fiscal policy in the past two decades. The dramatic accumulation of tax debts during the crisis of 2008 called for urgent reforms and measures to tackle the problem. Under the pressure of three Economic Adjustment Programmes, the MOU governments embarked on an effort to reform Greek Tax Administration, with emphasis on independence, depoliticization and wider digital transformation. This has been a slow process yet to be completed and the strains to the system introduced by the ongoing health crisis, make the need for reform even more urgent. The present paper puts overdue tax debts into perspective, analyzes the process of accumulation and brings out its main features, assesses the efficiency of Tax Administration and comes up with several policy recommendations. After we profile overdue debts stock and its characteristics, we compile an input-output table, which leads us to the composition of a series of indicators, which help assess the efficiency of tax administration in the context of the fiscal policies of the last two decades. The results of the research indicate poor quality of debts accumulated over time, as well as low efficiency of the Tax Administration, but with some improvement in recent years.