Challenges of Contemporary Tax Law. Jubilee Book Dedicated to Professor Włodzimierz Nykiel. Volume 2
Challenges of Contemporary Tax Law. Jubilee Book Dedicated to Professor Włodzimierz Nykiel. Volume 2
Contributor(s): Ziemowit Kukulski (Editor), Małgorzata Sęk (Editor)
Subject(s): Law, Constitution, Jurisprudence, Administrative Law
Published by: Wydawnictwo Uniwersytetu Łódzkiego
Keywords: tax law; development of tax law; taxpayers’ rights; Włodzimierz Nykiel
Summary/Abstract: Professor Włodzimierz Nykiel celebrated his seventieth birthday in 2021. This is a perfect opportunity to thank the Jubilarian for his scientific and academic activities to date. The Editors of this jubilee book – Professor’s long-term associates at the Tax Law Department of the Faculty of Law and Administration of the University of Lodz, the Centre of Tax Documentation and Studies and the Foundation Centre of Tax Documentation and Studies – also have their own personal reasons to be grateful to the Jubilarian. The scientific and academic biography of Professor Włodzimierz Nykiel is very rich, and international cooperation is an extremely important element thereof. The Jubilarian has always highly valued contacts with other centers and scientific circles, which allowed to build an international reputation of the Lodz school of tax law including the Tax Law Department and the Centre. For these reasons, as the Editors of the book, we decided that it should be divided into two volumes. The authors of the first part are eminent representatives of the Polish tax and financial law academia and practice. The second volume consists of studies prepared by foreign friends and colleagues of the Jubilarian – outstanding representatives of tax law academia and practice from other countries. The book was born in turbulent times: of the COVID-19 pandemic and the war in Ukraine, just beyond Poland’s eastern border. Although most of the texts were submitted in 2021, editorial and publishing works could not be completed before the Professor’s seventieth birthday, therefore some of the observations made by the Authors may have slightly lost their topicality. In the meantime, the Professor’s seventieth birthday (December 2021) coincided with the twenty-fifth anniversary of the Centre of Tax Documentation and Studies, founded and headed by the Professor (December 2022), and the fiftieth scientific work anniversary of the Professor (October 2023). We hope that this book, finally submitted for printing in 2023 and thus associated with three jubilees important for Professor Nykiel, will be a source of scientific inspirations for its Readers.
- E-ISBN-13: 978-83-8331-400-6
- Print-ISBN-13: 978-83-8331-399-3
- Page Count: 376
- Publication Year: 2024
- Language: English
Preface
Preface
(Preface)
- Author(s):Ziemowit Kukulski, Małgorzata Sęk
- Language:English
- Subject(s):Law on Economics
- Page Range:9-10
- No. of Pages:2
Prof. Hab. Dr. Włodzimierz Nykiel, Dr. h.c.
Prof. Hab. Dr. Włodzimierz Nykiel, Dr. h.c.
(Prof. Hab. Dr. Włodzimierz Nykiel, Dr. h.c.)
- Author(s):Ziemowit Kukulski, Małgorzata Sęk
- Language:English
- Subject(s):Law on Economics
- Page Range:11-21
- No. of Pages:11
Bibliography of Scientific Achievements 1977–2022
Bibliography of Scientific Achievements 1977–2022
(Bibliography of Scientific Achievements 1977–2022)
- Author(s):Ziemowit Kukulski, Małgorzata Sęk
- Language:English
- Subject(s):Law on Economics
- Page Range:23-36
- No. of Pages:14
Supervised Doctoral Theses
Supervised Doctoral Theses
(Supervised Doctoral Theses)
- Author(s):Ziemowit Kukulski, Małgorzata Sęk
- Language:English
- Subject(s):Law on Economics
- Page Range:37-38
- No. of Pages:2
Prof. Wlodzimierz Nykiel 70: From Cooperation to Friendship
Prof. Wlodzimierz Nykiel 70: From Cooperation to Friendship
(Prof. Wlodzimierz Nykiel 70: From Cooperation to Friendship)
- Author(s):Hubert Hamaekers
- Language:English
- Subject(s):Law on Economics
- Page Range:39-43
- No. of Pages:5
- Keywords:Centrer of Tax Documentation and Studies; Prof. Nykiel; tax courses
- Summary/Abstract:The article describes the early days and the founding of the Centre for Tax Documentation and Studies by the University of Lodz and the International Bureau of Fiscal Documentation in the nineties and its development in later years. In particular due to its director Prof. Nykiel and its able and dedicated staff the Centre has become a leading tax research and training institute in Central Europe. Courses not only include programmes for master students but also for tax administrators and practitioners from various countries. Special attention goes to international and European tax topics, including the important topic of transfer pricing.
Parallels of the Development of Tax Law in Slovakia
Parallels of the Development of Tax Law in Slovakia
(Parallels of the Development of Tax Law in Slovakia)
- Author(s):Vladimír Babčák
- Language:English
- Subject(s):Law on Economics
- Page Range:45-63
- No. of Pages:19
- Keywords:tax law; development of tax law
- Summary/Abstract:The author presents a short historical look at the development of tax law in Slovakia after November 1989. The main focus of the article concerns questions about the status of tax law in the legal order and the distinct periods of its development. The discussion of this topic is related to the different time periods that form the circumstances of development of tax law within Slovak legal order. In the conclusions, the author points out the major challenges for the legislation and academic study of tax law that have been caused by globalization, Europeanisation, and the global pandemic.
Polish Tax Cases before the European Court of Human Rights
Polish Tax Cases before the European Court of Human Rights
(Polish Tax Cases before the European Court of Human Rights)
- Author(s):Philip Baker
- Language:English
- Subject(s):Law on Economics
- Page Range:65-75
- No. of Pages:11
- Keywords:protection of taxpayers’ rights; tax cases; European Convention on Human Rights; European Court of Human Rights
- Summary/Abstract:This chapter considers the cases that have been decided by the European Court of Human Rights emanating from Poland. By “tax cases” a broad approach is taken, and any cases that have tax issues at their core are regarded as falling within this classification. Thus, as will be seen, one of the cases discussed concerns the freedom of expression of journalists writing about the motivation behind changes in tax law.
Problems Raised by DAC 6 concerning Taxpayer’s Rights and Fundamental Freedoms. Particular Reference to DAC 6 Implementation in the Spanish Legal Order
Problems Raised by DAC 6 concerning Taxpayer’s Rights and Fundamental Freedoms. Particular Reference to DAC 6 Implementation in the Spanish Legal Order
(Problems Raised by DAC 6 concerning Taxpayer’s Rights and Fundamental Freedoms. Particular Reference to DAC 6 Implementation in the Spanish Legal Order)
- Author(s):María Cruz Barreiro Carril
- Language:English
- Subject(s):Law on Economics
- Page Range:77-91
- No. of Pages:15
- Keywords:reporting obligation of cross-border arrangements; aggressive tax planning; DAC 6; legal basis for the adoption of harmonizing directives; taxpayers’ rights
- Summary/Abstract:This work aims to identify some of the problems that the Directive 2018/822 of 25 May 2018 amending Directive 2011/16/EU as regards mandatory automatic exchange of information in the field of taxation in relation to reportable cross-border arrangements (DAC 6) and its implementation into the Spanish legal order, raise as regards taxpayers’ rights and fundamental freedoms. By describing the basic content of this reporting obligation, the author emphasizes the vagueness in which that content is defined both in the Directive and in the domestic legislation implementing the Directive, which raises issues as regards the principles of legality, characterization, and legal certainty. Furthermore, the author stressed that the mandatory disclosure regime laid down in the Directive, and in the domestic legislation, shows problems of incompatibility with the EU legal order. The work ends with some general comments on the problem that the Directive raises for taxpayers’ rights from a broader perspective: the one related to the Directive’s legal bases. This perspective helps to understand why, in the author’s opinion, DAC 6 raises also issues concerning fundamental freedoms.
Some Considerations about the Practical Importance of CJEU Judgements
Some Considerations about the Practical Importance of CJEU Judgements
(Some Considerations about the Practical Importance of CJEU Judgements)
- Author(s):Radu Bufan, Natalia Șvidchi
- Language:English
- Subject(s):Law on Economics
- Page Range:93-102
- No. of Pages:10
- Keywords:general principles of EU law; CJEU judgments; limits of CJEU’s assessment
- Summary/Abstract:In this paper the authors analyse two CJEU judgments delivered as a result of preliminary questions in the VAT field sent by Romanian courts, with the purpose to outline the benefits of the preliminary ruling procedure, but also its drawbacks. It is the authors’ opinion that some of the general principles governing indirect taxes, as developed by the CJEU, could be used successfully in the field of direct, unharmonized taxes, especially when there are strong reasons in this regard. The judgment in case Zabrus Siret is a good example in this sense. On the other hand, the authors question the CJEU’s assessment of the facts of the case, considering the impact of such an assessment on the national referring court, by providing as example the judgement in case AJFP Caraş-Severin and DGRFP Timişoara.
Release from the Pressure of the EU Competition Law
Release from the Pressure of the EU Competition Law
(Release from the Pressure of the EU Competition Law)
- Author(s):Dániel Deák
- Language:English
- Subject(s):Law on Economics
- Page Range:103-111
- No. of Pages:9
- Keywords:progressive taxes on turnover; reference framework; legal certainty
- Summary/Abstract:What follows is to share some thoughts on how the Member States’ tax law has developed and may develop in the future in an EU environment where special sectoral taxes are accepted. Tax law considerations are increasingly subordinated to the interests of the freedom of global capital markets. Flexibility is needed in changing market conditions, but such a development makes it difficult to enforce legal certainty, which is a crucial feature of tax law. The resilience of regulators is meaningful in economics, but it can hardly be coordinated with a legal system’s stability. Concerning progressive taxes on turnover, for the time being, defenders of nation-state sovereignty seem to gain against those who want to open European capital markets and further harmonise the relevant regulations to remove administrative barriers from the freedom of capital. However, the future tells us how much national tax law systems can preserve their cohesion in the EU, an integral part of the global economy.
The Dissenting Interpretation of the Term “Immovable Property” in the Treaty of 1964 between Belgium and France and the Outcome of the Discussion in Their New Treaty
The Dissenting Interpretation of the Term “Immovable Property” in the Treaty of 1964 between Belgium and France and the Outcome of the Discussion in Their New Treaty
(The Dissenting Interpretation of the Term “Immovable Property” in the Treaty of 1964 between Belgium and France and the Outcome of the Discussion in Their New Treaty)
- Author(s):Caroline Docclo
- Language:English
- Subject(s):Law on Economics
- Page Range:113-130
- No. of Pages:18
- Keywords:immovable property; double tax treaty; capital gains
- Summary/Abstract:This contribution illustrates the inability of the Belgian and French authorities and courts to agree on the interpretation the term “immovable property” (bien immobilier) used in the double tax treaty of 10 March 1964 between Belgium and France when characterizing shares in French real estate companies for the purposes of distributing the power to tax dividends or capital gains derived from those shares.
The Importance of the Tax System for the Rule of Law. The Dutch Childcare Allowance Scandal as an Example of a Violation of the Rule of Law in a Constitutional Democracy
The Importance of the Tax System for the Rule of Law. The Dutch Childcare Allowance Scandal as an Example of a Violation of the Rule of Law in a Constitutional Democracy
(The Importance of the Tax System for the Rule of Law. The Dutch Childcare Allowance Scandal as an Example of a Violation of the Rule of Law in a Constitutional Democracy)
- Author(s):Peter Essers
- Language:English
- Subject(s):Law on Economics
- Page Range:131-145
- No. of Pages:15
- Keywords:rule of law; separation of powers; childcare allowance; “all or nothing” policy; hardship clause
- Summary/Abstract:If a tax system does not respect the rule of law and the government acts as an omnipotent ruler, innocent citizens will be the first victims as they are not in an equal position with the bureaucrats representing this government. This can even happen in modern states that embrace the modern principles of democracy and the rule of law. In this contribution this is illustrated with a recent example in the Netherlands with respect to the system of childcare allowances for parents. This system, executed by the Dutch tax administration, has brought about 26,000 parents into huge problems since they had to pay back large sums of received allowances because of presumed offences. This not only led to big financial problems for these parents, combined with seizures, also all kinds of personal problems like divorces and illnesses resulted from this. As turned out later, most of these parents had been wrongly accused. Because the executive tax officers had to follow the wording of the law, there was no place for a policy of leniency. As a result, the least imperfection on the part of the parents in applying for the childcare allowances led to the obligation to pay back the full amount of these allowances received in advance (the “all or nothing” policy). In 2021, the Dutch government resigned because of this scandal.
Some Policy Reflections on Art. 12B UN Model on Automated Digital Services. A Reasonable Alternative?
Some Policy Reflections on Art. 12B UN Model on Automated Digital Services. A Reasonable Alternative?
(Some Policy Reflections on Art. 12B UN Model on Automated Digital Services. A Reasonable Alternative?)
- Author(s):Jan J.P. de Goede
- Language:English
- Subject(s):Law on Economics
- Page Range:147-173
- No. of Pages:27
- Keywords:income form automated digital services; UN Model Tax Convention between Developed and Developing Countries; tax treaty policy
- Summary/Abstract:The article deals with policy aspects related to the introduction to the new Art. 12B as to be included in the 2021 update of the 2017 UN Model Double Taxation Convention between Developed and Developing Countries dealing with the elimination of double taxation of income from automated digital services. The Author discusses the draft article itself and ends with some evaluation and conclusions as to whether Art. 12B can be considered a reasonable alternative compared to the so-called Pillar I approach as included in the so-called Blueprint published by the OECD in close co-operation with the BEPS Inclusive Framework.
The Principle of Personality of Tax Penalties: A General Principle with a Narrow Scope?
The Principle of Personality of Tax Penalties: A General Principle with a Narrow Scope?
(The Principle of Personality of Tax Penalties: A General Principle with a Narrow Scope?)
- Author(s):Daniel Gutmann
- Language:English
- Subject(s):Law on Economics
- Page Range:175-182
- No. of Pages:8
- Keywords:tax penalties; personality; family taxation; mergers; group consolidation
- Summary/Abstract:The principle of personality of tax penalties is well established in the case law of the European Court of Human Rights. It is also very important in the case law of the French administrative Supreme Court. However, this principle may conflict with traditional institutions of tax law such as, for example, joint taxation of couples or group tax consolidation. This article studies the technical consequences of the principle of personality of tax penalties in a variety of tax matters and describes how the French case law has tried to find a balance between opposite constraints.
Greening up Local Taxes (an Environmental Approach to Municipal Taxation from a Spanish Perspective)
Greening up Local Taxes (an Environmental Approach to Municipal Taxation from a Spanish Perspective)
(Greening up Local Taxes (an Environmental Approach to Municipal Taxation from a Spanish Perspective))
- Author(s):Pedro M. Herrera
- Language:English
- Subject(s):Law on Economics
- Page Range:183-190
- No. of Pages:8
- Keywords:local taxes; environmental taxes and charges; tax incentives
- Summary/Abstract:Spanish local taxes and charges are not adequately designed to protect the environment. Nevertheless, most of them include tax credits to foster environmentally friendly activities (e.g. installation of solar panels or acquisition of electric vehicles). Our paper deals with the current legislation and proposes reforms to improve the environmental role of local taxes and charges.
Interpretation of Double Taxation Conventions – The Judgement of the German Federal Fiscal Court (Bundesfinanzhof) in the Light Designer Case
Interpretation of Double Taxation Conventions – The Judgement of the German Federal Fiscal Court (Bundesfinanzhof) in the Light Designer Case
(Interpretation of Double Taxation Conventions – The Judgement of the German Federal Fiscal Court (Bundesfinanzhof) in the Light Designer Case)
- Author(s):Michael Lang
- Language:English
- Subject(s):Law on Economics
- Page Range:191-205
- No. of Pages:15
- Keywords:double taxation treaty (DTC); qualification conflicts; autonomous interpretation; commentary; qualifikationsverkettung
- Summary/Abstract:In its judgement of 11 July 2018, I R 44/16, the German Bundesfinanzhof had to qualify income from a German resident arising from his activities as light designer in three different countries according to the respective DTCs. This gave the court the opportunity to consider the framework for solving qualification conflicts, in particular the view that Art. 23A Para. 1 OECD MC binds the state of residence to the assessment of the source state (“Qualifikationsverkettung”). This was, in conformity with its earlier jurisprudence, rejected by the court. However, this approach was included in the OECD Commentary in the year 2000. The court therefore also discussed the effect of the updated Commentary on treaties concluded before and after its adoption respectively. It held that this change to the Commentary has definitely no effect on treaties concluded before 2000. The court could leave it open whether the position articulated in the updated Commentary might have effects on the interpretation of new treaties. This contribution will examine this judgement in detail, providing an analysis of qualification conflicts and a critical appraisal of the court’s solution.
Interpretation of Double Tax Convention – a Still Controversial Topic
Interpretation of Double Tax Convention – a Still Controversial Topic
(Interpretation of Double Tax Convention – a Still Controversial Topic)
- Author(s):Jörg Manfred Mössner
- Language:English
- Subject(s):Law on Economics
- Page Range:207-216
- No. of Pages:10
- Keywords:tax treaties; OECD Model; Vienna Convention on the Law of Treaties
- Summary/Abstract:The article deals with controversies regarding the interpretation of tax treaties based on Art. 3 Para. 2 of the OECD Model in relation to Vienna Convention on the Law of Treaties.
A Constructive Criticism on Turnover Taxes
A Constructive Criticism on Turnover Taxes
(A Constructive Criticism on Turnover Taxes)
- Author(s):Pasquale Pistone
- Language:English
- Subject(s):Law on Economics
- Page Range:217-231
- No. of Pages:15
- Keywords:turnover taxes; tax sovereignty; EU tax law; Inter-country tax equity; ability to pay
- Summary/Abstract:This chapter focuses on the international implications arising in connection with the uncoordinated exercise of taxing sovereignty by states. It uses the case of sectoral turnover taxes in Hungary and Poland to put forward the merits of coordination with income taxation and the international obligations that countries contract when signing international treaties in tax matters. The chapter acknowledges the growing popularity of those taxes, taking into account their valid policy rationale and their visible implications in the collection of revenue. However, it also stresses the undesirable repercussions arising from the lack of coordination at the international level. All these elements are meaningful components of a comprehensive reform of the international tax nexus, which should not lead each country to pursue just the maximisation of its tax revenue, but also and especially fairness in the allocation of taxing rights at the global level. The author includes arguments drawn from national constitutions and EU law, which support the need for developing this conceptual framework for the exercise of taxing sovereignty in the years to come.
Challenges in Teaching Tax Treaties
Challenges in Teaching Tax Treaties
(Challenges in Teaching Tax Treaties)
- Author(s):Kees van Raad
- Language:English
- Subject(s):Law on Economics
- Page Range:233-242
- No. of Pages:10
- Keywords:tax treaties; interaction tax treaties with domestic tax law; permanent establishment
- Summary/Abstract:This contribution deals with the interaction between domestic tax law and tax treaties. It provides an illustration of this interaction on the basis of the notion ‘permanent establishment’. Further, it deals with the difference that may exist between tax treaty and domestic law definitions of individual income items. It concludes with an explanation of the issues that arise when divergent income definition rules of two treaties need to be applied simultaneously and how such application of treaty rules interacts with the application of domestic law.
Specifics of Tax Law Drafting on Selected Issues from the Czech Republic
Specifics of Tax Law Drafting on Selected Issues from the Czech Republic
(Specifics of Tax Law Drafting on Selected Issues from the Czech Republic)
- Author(s):Michal Radvan
- Language:English
- Subject(s):Law on Economics
- Page Range:243-253
- No. of Pages:11
- Keywords:tax law; tax law drafting; tax law principles
- Summary/Abstract:The contribution is dealing with some of the specifics of tax law drafting. It aims to show some problematic issues connected with tax law drafting in the Czech Republic in the last two decades and clarify tax law drafting principles. To achieve the objectives, it defines tax law drafting principles and sums up if the Czech legislator follows them. In gives many examples and describes and critically analyzes the institutes affected by the ignorance of these principles. It is possible to conclude that there is no need to clarify the principles of tax law drafting. To achieve a good quality of tax law, it seems to be enough to follow the principles. The practice should be changed mainly in several areas: (1) Fixed tax rates should be replaced by the percentage tax rates, or there should be specific rules in each act on how the tax rates should be changed with regard to inflation. (2) Vacatio legis for tax law must be incorporated, probably directly in the Constitution. (3) Some tax bills should be voted under so-called close rules, i.e., a “yes or no vote” without the possibility of introducing amendments.
Public Country-by-Country Reporting: Corporate Law, Fiscal Law and the Principle of Unanimity
Public Country-by-Country Reporting: Corporate Law, Fiscal Law and the Principle of Unanimity
(Public Country-by-Country Reporting: Corporate Law, Fiscal Law and the Principle of Unanimity)
- Author(s):Wolfgang Schön
- Language:English
- Subject(s):Law on Economics
- Page Range:255-280
- No. of Pages:26
- Keywords:Public Country-by-Country Reporting: Corporate Law; Fiscal Law; Principle of Unanimity
- Summary/Abstract:The article deals with the reporting obligations laid down by the European Commission, Pro-posal for a Directive of the European Parliament and of the Council amending Directive 2013/34/EU of 1st June 2021 (so-called “public country-by-country reporting”) obliging certain corporate income taxpayers to disclose to the general public sensitive business information i.e., number of employees, level of pre-tax profits, level of taxes accrued, and taxes paid designed to prevent and to sanction corporate tax avoidance. The Author discusses whether such rules can be introduced based on the majority vote or on the basis of unanimity.
The U.S. – Poland Income Tax Treaty
The U.S. – Poland Income Tax Treaty
(The U.S. – Poland Income Tax Treaty)
- Author(s):Stafford Smiley
- Language:English
- Subject(s):Law on Economics
- Page Range:281-288
- No. of Pages:8
- Keywords:tax treaties; ratification; U.S. Model
- Summary/Abstract:The article deals with the U.S. program of renegotiating all the U.S. income tax treaties including the 2013 tax treaty between the U.S. and Poland. The Author discusses reasons why almost a decade later, neither of these treaties has been ratified by the U.S. Senate.
A Case Study to the Tax Arrangements Concerning China’s Biggest Investment Project in Poland
A Case Study to the Tax Arrangements Concerning China’s Biggest Investment Project in Poland
(A Case Study to the Tax Arrangements Concerning China’s Biggest Investment Project in Poland)
- Author(s):Yusen Tan
- Language:English
- Subject(s):Law on Economics
- Page Range:289-301
- No. of Pages:13
- Keywords:tax planning arrangements; China European Union Agreement on Investment; China’s investments projects
- Summary/Abstract:This paper mainly studies the tax planning arrangements concerning China’s biggest investment project in Poland, a China group’s acquisition of a Poland’s state-owned factory (HSW), and the establishment of a new Polish company to run the newly acquired business obtained from this M&A deal. This paper sheds some light to Chinese investors that intend to invest in the European Union under the newly signed China European Union Agreement on Investment from the perspective of tax planning. The detailed analysis contained in this paper also facilitate tax practitioners and tax authorities in Poland, or even in other EU member states, to deepen their understanding of Chinese investors’ tax motives and concerns relevant to their investment and operation in the EU market. This paper’s academic contribution is summarized as follows: it notices the details omitted by conventional tax planning theories and previous literatures and tries to do an in-depth study to a real Chinese investor’s real behaviors under a real case in order to explain the underlying motives and concerns that determines the Chinese investor’s tax relevant behaviors conducting in such manners.
New Own Resources for the EU Budget: Good Old Taxes Could also Do the Job
New Own Resources for the EU Budget: Good Old Taxes Could also Do the Job
(New Own Resources for the EU Budget: Good Old Taxes Could also Do the Job)
- Author(s):Edoardo Traversa
- Language:English
- Subject(s):Law on Economics
- Page Range:303-309
- No. of Pages:7
- Keywords:new own resources; new Generation EU; EU budget
- Summary/Abstract:The paper deals with issues related to currently discussed reform within the EU focusedon the proposals of establishing the new own tax-based resources for the EU and thepossibility to use an existing tax to transform it totally or partially into an EU tax based ownresource which in his opinion seems to be the safest way forward from a legal perspective,as well as the future EU tax-based own resources.
Reflections on the Italian Tax Judiciary System from the Perspective of the European Convention on Human Rights
Reflections on the Italian Tax Judiciary System from the Perspective of the European Convention on Human Rights
(Reflections on the Italian Tax Judiciary System from the Perspective of the European Convention on Human Rights)
- Author(s):Cristina Trenta
- Language:English
- Subject(s):Law on Economics
- Page Range:311-320
- No. of Pages:10
- Keywords:European Convention on Human Rights; ECHR; Italian tax judiciary system; principle of independency and impartiality
- Summary/Abstract:EU law is applied uniformly in all EU Member States as a consequence of its supremacy in the hierarchy of legal sources. The same is not true of the European Convention on Human Rights (ECHR). This paper investigates the application of the ECHR principles of impartiality and independence of tax judges in the Italian tax judiciary system and specifically in relation to their role in Tax Commissions. Italy takes a dualistic approach that does not automatically give international law precedence over domestic law, even when international treaties are signed and ratified, causing compliance issues. The article identifies several crucial friction points between the current setup of the Italian tax judiciary system and the European Convention on Human Rights, most notably in respect to the principle of independency and impartiality of tax judges, and concludes suggesting that a reform in the field may be necessary.
The Taxation of Artificial Intelligence between New Taxes and Additional Incentives
The Taxation of Artificial Intelligence between New Taxes and Additional Incentives
(The Taxation of Artificial Intelligence between New Taxes and Additional Incentives)
- Author(s):Antonio Uricchio
- Language:English
- Subject(s):Law on Economics
- Page Range:321-342
- No. of Pages:22
- Keywords:Artificial Intelligence; forms of taxation; additional incentives
- Summary/Abstract:The profound changes that accompany the history of humanity seem to depend largely on the unstoppable force of knowledge and innovation. The diffusion of robotics and artificial intelligence has had a significant impact on the processes of wealth production, with inevitable repercussions also on the labour market: today intelligent robots can carry out activities that were only human until recently. In this view, following the growing importance of the use of robots in modern society, the theme of the “robot tax” has assumed no small importance. The essay examines the various solutions imagined, evaluating the proposals to recognize the tax subjectivity of robots or to define the taxable case, assuming, depending on the case, as a prerequisite for the tax, the ability to accumulate data and knowledge, the property value of the robot-good or the greater profits deriving from the activity carried out using it.
Buildings and Structures as the Object of Real Property Taxes in the Countries of the Visegrad Group
Buildings and Structures as the Object of Real Property Taxes in the Countries of the Visegrad Group
(Buildings and Structures as the Object of Real Property Taxes in the Countries of the Visegrad Group)
- Author(s):Anna Vartašová
- Language:English
- Subject(s):Law on Economics
- Page Range:343-350
- No. of Pages:8
- Keywords:real property tax; Slovakia; Czechia; Hungary; Poland
- Summary/Abstract:In this paper, the author compares the legal regulation of real property taxes applied in the Visegrad countries (Slovakia, Czechia, Hungary and Poland) in terms of the means of determination of part of its object, namely the buildings and structures. Based on the analysis of these national regulations, the author concludes that, despite all the analysed states apply taxation of buildings and/or structures within their real property tax(es), there are conceptual differences among the particular states’ policy in determining the objects subject to tax. While the author concludes on the broadest range of taxable objects to be in Poland and the narrowest in Slovakia, there is a lot of room for inspiration and for legislative adjustments for the Slovak legislation.
Reflections on Separate Enterprise vs. Formulary Apportionment
Reflections on Separate Enterprise vs. Formulary Apportionment
(Reflections on Separate Enterprise vs. Formulary Apportionment)
- Author(s):Stef van Weeghel
- Language:English
- Subject(s):Law on Economics
- Page Range:351-359
- No. of Pages:9
- Keywords:OECD Pillar One project; business profits; global formulatory apportionment; separate enterprise method
- Summary/Abstract:This contribution contains reflections on the international system for the taxation of business profits and puts the current discussion regarding the OECD Pillar One project in a historic context. The OECD transfer pricing guidelines imply that global formulary apportionment is to be rejected, but the Pillar One project in fact would introduce that system as an overlay to the existing separate enterprise method.
Tax Aspects of Leaving the European Union
Tax Aspects of Leaving the European Union
(Tax Aspects of Leaving the European Union)
- Author(s):Bertil Wiman
- Language:English
- Subject(s):Law on Economics
- Page Range:361-370
- No. of Pages:10
- Keywords:corporate income tax; BREXIT
- Summary/Abstract:The article deals with some income tax in particular corporate income tax aspects of the United Kingdom leaving the European Union, from a Swedish perspective.
