TOWARDS A LAW OF SUSTAINABLE FISCAL RESOURCES

Author(s): Ionel Bostan / Language(s): English Issue: 4/2015

Our approach aims to raise the benchmarks intended, we believe, to print efficiency rules for public financial law which, by definition, governs the issue of budgetary resources. Knowing the mechanism of legal and tax and the use of this type of resource, given the current context, we introduce some approaches to the position of financial law located in the best connection with economics, and we consider key issues of this - crisis/ growth, sustainable development, strategies/ policies, state intervention tools etc. aiming to easier to put out various budgetary implications caused by certain processes/ phenomena in the real economy. Also, we bring some elements of analysis, comments and views coming to justify the importance of rights (set of rules and principles of major influence) the financial and fiscal consolidation based in the extent possible, the development lasting nature. It is expected thus that such a law (fiscal consolidation based on sustainability) can drive more speedily to create a stable tax system capable of generating sufficient budgetary resources in terms of efficiency and efficacy, ensuring cost reductions with unit budget and compliance taxpayers being, while flexible, simple, transparent and adaptable to national/ international changes.

Fiscal Sovereignty of Member States and Tax Harmonization on Mutual Assistance for the Recovery of Tax Claims

Author(s): Arina Dragodan / Language(s): English Issue: 2/2011

Abstract: This work presents the impact of harmonization of legislation on the recovery of claims relating to taxes and duties by the mutual assistance between the EU Member States for their tax sovereignty. The research is grounded upon previous studies on the same topic conducted in during the research stage within the Graduate School of Public Law and Tax Law at the University of Paris 1 Pantheon-Sorbonne, which was held during the year 2010. The objectives of the work aim at showing that tax sovereignty implies on the one hand the right of the National Parliament to determine taxes. On the other hand, taxation is the most important instrument of economic and social policy of the governments of member states. It is important to note that the States have broad discretion to create their own direct tax systems in a way that ensures best meet their objectives and internal politics as possible. With regard to the methodology, in order to realize this study it was used a combination of research methods, namely: bibliog raphical research, the systemic method, the logical method and the comparative method. We consider that our scientific approach present timeliness and usefulness both academics and practitioners.

Bankunió és banknacionalizmus

Miért nem csatlakozik, Magyarország, a Cseh Köztársaság és Lengyelország a Bankunióhoz?

Author(s): Katalin Mérő,Dóra Piroska / Language(s): Hungarian Issue: 1/2017

The purpose of this study is to understand Hungary’s opt out position from the Banking Union (BU). The Banking Union is compulsory for Eurozone member states and optional for non-Eurozone member states. From the Central and Eastern European (CEE) region only Romania and Bulgaria decided to join. Firstly, an attempt is made to explain the different positions of CEE governments based on structural characteristics of the CEE banking sectors, but no substantial difference is found between the opt-in and opt-out countries’ banking sectors. Secondly, we look at the role of state’s capacity to maintain a stable banking sector, and fi nd that state’s capacity is a necessary condition for opting out. Finally, through a detailed Hungarian case study we argue that the Hungarian government opted out because its government’s policy preference of banking nationalism confl icts with the BU’s ideals. With regard to the Polish and Czech governments’ decision, the existence of banking nationalist policy preferences is indicated but not proved.

Parlamentarna kontrola javne potrošnje u Velikoj Britaniji

Author(s): Aleksandra Rabrenović / Language(s): Serbian Issue: 2/2008

This paper analyses parliamentary control of public expenditure in the United Kingdom. Special attention is paid to ex ante and ex post control carried out by the House of Commons and by the Public Accounts Committee, which constitutes a key institutional link between the National Audit Office and the House of Commons in the process of public expenditure control. The author discusses the British financial accountability model and provides recommendations its enhancement, especially of the work of the Public Accounts Committee. Finally, the author discusses possibilities of introduction of the British parliamentary model of public expenditure control in Serbia and proposes establishment of a special parliamentary Committee for Expenditure Control, which would represent an important ally of the Serbian Supreme Audit Institution in holding the executive to account for spending of public money.

Rola TSUE w opodatkowaniu przedsiębiorstw podatkiem dochodowym

Author(s): Lidia Peretiatkowicz / Language(s): Polish Issue: 6/2017

The article attempts to evaluate the conclusions of the TSUE case law concerning direct taxes on the activities of multinational enterprises, in particular with regard to the implementation of the principle of freedom of establishment.

ÎMPRUMUTUL PUBLIC ŞI DREPTURILE DE AUTOR CONFORM LEGII NR. 8/1996 ŞI DIRECTIVELE UE 92/100/CEE/1992

Author(s): Virginia Greceanu / Language(s): Romanian Issue: 31/2017

According to Law no. 8/1996 the "public loan", certain copyrights are excluded even though they should be granted under Directive 92/100 / EEC / 1992.

GESTIUNEA TREZORERIEI ÎNTREPRINDERII ÎN CONTEXTUL ECONOMIEI CONCURENŢIALE

Author(s): I. Gabriel Năstase,Bogdan Ioniță / Language(s): Romanian Issue: 30/2017

At the enterprise level cash deficit is an essential element but also a restriction on the financial management of the company, in which strategy for achieving takes the form of work results and to respect the financial balance. In a restricted sense, net treasury is the difference between working capital and working capital need, respectively surplus or deficit treasury.

ANALIZA FINANCIARĂ A COMPANIEI ABC S.R.L.

Author(s): I. Gabriel Năstase,Cristian Târcă / Language(s): Romanian Issue: 29/2017

Existing financial theory and practice show that there are many more ways of funding than those presented in this paper. Many of these ways are very punctual, strictly related to a transaction or of an activity aspect of requesting company. Including Romanian banks have started introducing structured finance products, off company balance, or financing combined schemes, with mixes products, depending on the specific activities of financed companies.

FINANŢĂRILE NERAMBURSABILE ÎN DOMENIUL CULTURAL

Author(s): I. Gabriel Năstase / Language(s): Romanian Issue: 29/2017

Grants are intended to support pursuit of activities for different needs on different segments of society or for the the overall development of economic and social organism in areas where, due to circumstantial situation, there are no sufficient financial resources available currently (for example, rehabilitation of infrastructure in poor regions, professional retraining, supporting the development of the NGO sector as a partner of public authorities, central or local ranking) or in areas where there is traditionally a need for greater financial resources than the existent liquid assets (for example, social, educational or cultural activities).

CONSIDERAŢII GENERALE PRIVIND EVAZIUNEA FISCALĂ ÎN ROMÂNIA ÎN PERIOADA 1990-2013

Author(s): I. Gabriel Năstase,Sorin Adrian Ciupitu / Language(s): Romanian Issue: 21/2015

This study did not examines fiscal policy as a whole but focuses on the examination of indirect taxation-VAT and excises regime- in Romania, in the context of the demarche adhering to the EU.The analysis starts from the challenges that confronts Romania as a country in transition: institutional fragility, the multitude of companies operating in loss and a high volume of arrears (including to the budget), endemic corruption, increasing poverty etc.

ROZWAŻANIA O WOLNOŚCI I GRANICACH OMNIPOTENCJI PAŃSTWA W ZAKRESIE OPODATKOWANIA W UJĘCIU EKONOMII KLASYCZNEJ

Author(s): Mariusz Makowski,Anna Wildowicz-Giegiel / Language(s): Polish Issue: 509/2018

The article discusses the problem of borders of state omnipotency in the scope of taxation in the light of the views of classical economics. In case of tax relation, there is an unquestionable threat to the sphere of economic freedom. Classical economists, however, allowed tax interference by public authorities in the sphere of economic freedom. At the same time, they recognized that both individual freedom and state omnipotency with regard to taxation should not be absolute. The aim of the article is to present the concept of freedom and the limits of interference of public authorities in the economy through the tax system. The article was written on the basis of the subject literature, including source material. In conclusions, it was found that although the state has tax authority over an taxpayer there is no total sovereignty and arbitrariness in shaping tax burdens. By introducing taxes, it cannot violate fundamental economic rights and freedoms, distorting rational decisions of economic entities.

Fiscal Variables and Economic Growth: Measuring the Impact for Romania

Author(s): Marius Razvan Surugiu,Camelia Surugiu / Language(s): English Issue: 01/2018

The present paper envisages the identification of fiscal variables with influence on economic growth, in the case of Romania. The results of studies from the literature show that there are various influences of fiscal variables on growth, which differ depending on countries and periods analyzed. The study presents a model which underlines the influence of fiscal variables on the economic growth, with GDP as proxy for economic growth, for 1991-2013 period. The results suggested that fiscal variables have a statistically significant impact on growth. The extent to which fiscal policy may influence economic growth continues to attract the attention of scholars, and the results of the paper may represent one starting point for future research to identify the relevant types of taxes and public spending to be analyzed in relationship with growth. The paper underlines the impact of fiscal variables on the economic growth in the case of Romania. Also, another goal of this paper is to underline the importance of checking the hypotheses for the regression model, knowing that their violations are leading to inaccurate results.

The Effect of Linear Taxation versus Progressive Taxation on Economic Growth - Empirical Evidence in European Countries

Author(s): Alban Elshani,Fëllënza Lushaku,Ardi Ahmeti,Lekë Pula / Language(s): English Issue: 01/2018

Today in the world there is a great political and academic debate as to which type of tax should be applied, linear or progressive taxation. In this paper, we will show which countries have the highest economic growth, the countries applying the linear taxation or those applying the progressive tax. A total of 35 European countries have been surveyed. On one side there are 20 European countries included, OECD members applying the progressive taxation and the other side includes 15 European countries applying linear taxation. For this study, 13 years have been taken into consideration from 2002 (the year when the Euro was introduced) until 2014. There are 456 observations in total. The main focus has been the economic growth in these European countries. Data on Gross Domestic Product (GDP) per capita are taken from the World Bank database, while other variables are obtained from the OECD database and the country's statistics agencies.Data on other variables are presented in % of Gross Domestic Product. Findings show that countries applying the linear tax experience the largest economic growth, whereas countries applying progressive tax have a smaller economic growth of 3.13% compared to countries applying linear taxation.

EU Trends on Pension Developments and Challenges for Macedonian Pension System

Author(s): Lindita Neziri / Language(s): English Issue: 2/2017

The European Union (EU) itself is facing many demographic challenges, mobility, migration, and unemployment, all of these important factors in defining pension policies. This issue is today part of academic debates, government policies and discussions in international forums, and the concern of international organizations to find a more appropriate pension system that will face the challenges of today’s world. Macedonia, as a candidate country for EU membership, has similar problems with regard to pension policies in general, and recently faces major challenges regarding the stability of the pension system. On the one hand, it is trying to harmonize the national legislations in this area with EU legislation; while on the other hand, it must take care of the stability of the system as the result of demographic changes. The paper tends to analyse the trends of pension policy development in EU member states, then pension system of Macedonia. In the framework of the research there are used descriptive method, method of analysis, comparative method and interview analysis. While results should serve the academic community, students and political stakeholders in finding the most appropriate solution, in accordance with real possibilities, as well as to encourage debate and further studies.

Main Modifications of Law No. 263/2010 on the Universal Pension System

Author(s): Georgeta Modiga / Language(s): English Issue: 2/2017

One of the phenomena with a direct effect on the social insurance system is the decrease in the number of employees, from 8.1 in 1990 to 4.5 million at present. This is mainly due to emigration and black work. Although the active population is 10.5 million, only 4.5 mentioned above have pension insurance, which will generate long-term problems. Over 25-35 years, those working illegally or do not work at all (significant number) will reach retirement age without being insured and will burden the social welfare system, requiring public money guaranteed minimum income or other support social. At that time, the working-age population (which pays these costs through taxes and contributions to insurance funds) will be less numerous, which will lead to a significant increase in taxes. If internally this trend can be countered by creating conditions for securing private pensions, raising the retirement age, discouraging early retirement and encouraging labor regime of part and policies targeted by age and by raising the employment rate of the population (in particular, the population aged over 45 and females), the issue of emigration needs to be treated differently.

A Comparative Analysis of Fiscal Policy Changes in Selected European Union Countries outside the Eurozone

Author(s): Agata Szymańska / Language(s): English Issue: 3/2019

The aim of this article is to investigate the fiscal policy changes in six Central and Eastern European countries outside the Eurozone: Bulgaria, the Czech Republic, Croatia, Hungary, Poland and Romania. The analysis covers the period from 2004 to 2017. The study uses changes in the cyclically‑adjusted primary balance as a main indicator to assess the fiscal policy stance. The results indicate that, in general, over the period from 2004 to 2017, the fiscal stance in these countries was somewhat contractionary.

Factors that Influence Tax Compliance of SMEs in South Africa

Author(s): Yergenthren Naicker,Rajendra Rajaram / Language(s): English Issue: 2/2018

Small and medium enterprises play an important role for South Africa. They serve as a vehicle in creating jobs for local communities. KwaZulu Natal is the second largest province in the country and the necessity of developing sustainable small and medium businesses cannot be over emphasized. The South African government has identified and prioritized the development of small businesses as one of their strategic objectives. Despite the importance of these businesses for the country and province, there are many challenges that these businesses face. One of the most on erousand time-consuming challenges is ensuring tax compliance. Tax compliance is defined as the preparation, submission and payment of taxes due within the specified time periods. In order to achieve the objectives set out by government, it is necessary that the tax systems for small businesses be efficient and simplified in order to meet the needs of the sector. The research has been undertaken to firstly determine which taxes are most complex for SMEs and secondly to determine which factors and costs are most significant in ensuring tax compliance. A questionnaire was sent to eighty five small business owners to determine which taxes are most complex and what challenges and costs are most excessive. The findings from this study reveal that VAT is the most complex tax for small businesses in South Africa. Compliance with VAT is the most costly and challenging and the time spent on compliance by owners is perceived to be the most excessive cost incurred in ensuring tax compliance.

Zasada wewnętrznej i zewnętrznej spójności systemu podatkowego i jej realizacja w praktyce polskiej

Author(s): Magdalena Pelikan-Krupińska / Language(s): Polish Issue: 1/2007

The cohesion of the tax system involves harmonization, logic and transparency of legal regulations forming the tax system. Each tax system operating properly has to be coherent and different kinds of taxes have to be harmonious without any possibility of contradiction between them. The aim of this paper is to characterize the essence of the tax system cohesion in the interior and exterior context. The analysis is devoted to the cohesion of the taxes forming the Polish tax system and the necessity of harmonizing a given tax construction with other constructions as well as legislation in general and administrative and civil law solutions in particular. What is more, the paper analyses the range of harmony between the Polish tax law and international regulations as far as the avoidance of double taxation is concerned.

The Link between Fiscal Decentralization and Ethnolinguistic Fragmentation of the Population in OECD Countries

Author(s): Lenka Maličká,Jakub Križko / Language(s): English Issue: 04/2020

In this paper, authors propose a unique merged index of the ethnolinguistic fragmentation of the population to examine the relationship between fiscal decentralization and ethnolinguistic fragmentation. The initial hypothesis, based on the Decentralization Theorem, assumes a positive relationship. The basic dynamic panel data model covers a sample of 35 OECD countries in period 2000 – 2017, the reduced sample covers 26 OECD countries, excluding countries with the lowest income inequalities. Here the stronger effect of ethnolinguistic fragmentation on fiscal decentralization is expected. The research involves different types of fiscal decentralization (spending, revenue and tax decentralization). Estimation results are confronted with estimations employing alternative indices of ethnic and linguistic fragmentation, previously used in researches. Findings support the initial hypothesis in the case of the spending decentralization on both samples. The confrontation with indices of ethnic or linguistic fragmentation shows significant effect of ethnic fragmentation. In the case of the reduced sample, results do not support the expectation of stronger effect of ethnolinguistic fragmentation on fiscal decentralization.

What are Effective Measures against Vat Evasion? Evidence from the Czech Republic

Author(s): Markéta Arltová,Jan Pavel,Jana Tepperová,Hana Zídková / Language(s): English Issue: 02/2020

VAT is one of the most important tax revenues of the European states, yet it suffers from excessive tax evasion. Carousel frauds that abuse the current VAT treatment of cross-border supplies of goods in the EU represent the most serious type of VAT evasion. Almost all EU Member States have implemented anti-fraud measures. This paper discusses the effectiveness of such measures as introduced in the Czech Republic. The analysis of quarterly time series of VAT revenues from 1999 to 2016 showed that from all the anti-fraud measures, tightening of the rules for unreliable payers introduced at the beginning of 2013 proves in our models to be the most robust. A significant, positive effect has also been identified for the adoption of the reverse charge mechanism on scrap and emission allowances, as well as for the implementation of the VAT control statement. On the other hand, our analysis did not confirm that the so-called protective orders do increase VAT revenues. The total annual increase in tax collected as a result of implementing the above-mentioned measures was according to the model around CZK 51 billion by the end of 2015. This is 14.5% of the total annual VAT revenues.