(AB)USE OF FOREIGN LEGAL ENTITIES FOR THE PURPOSES OF AVOIDING TAXATION IN SERBIA Cover Image

(ЗЛО)УПОТРЕБА СТРАНИХ ПРAВНИХ ЛИЦА ЗА ИЗБЕГАВАЊЕ ПОРЕЗА У СРБИЈИ
(AB)USE OF FOREIGN LEGAL ENTITIES FOR THE PURPOSES OF AVOIDING TAXATION IN SERBIA

Author(s): Dejan Popović, Svetislav Kostić
Subject(s): Law on Economics, Fiscal Politics / Budgeting
Published by: Правни факултет Универзитета у Београду
Keywords: Foreign Legal Entity; Resident; Nonresident; Tax Avoidance and Evasion; Place of Effective Management and Control;

Summary/Abstract: The authors of this paper strive to show the basic tax reasons which lie behind the use of foreign legal entities by Serbian tax resident individuals for channeling investments into Serbia and other countries. Particular attention is given to the tax planning through the use of foreign legal entities and to the consequences, i.e. potential tax savings, which can be achieved by their use. The authors further point to the existing provisions of Serbian law, whose application could greatly curtail tax avoidance and tax evasion through the use of foreign legal entities by Serbian tax residents, and analyze the procedure and consequences of their application on both tax avoidance and tax evasion. At the very end, the authors note that the existing solutions, although potentially very efficient in the struggle against the detrimental consequences of tax evasion and tax avoidance, are not sufficient, and that it would be necessary to amend them on the basis of experiences of comparative tax law systems (CFC legislation).

  • Issue Year: 58/2010
  • Issue No: 2
  • Page Range: 36-59
  • Page Count: 24
  • Language: Serbian