Przeglądanie według Temat "tax law principles"

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Some reflections on In Dubio Pro Tributario principle
(Wydawnictwo Uniwersytetu Rzeszowskiego, 2019) Dowgier, Rafał
As of the beginning of 2016 the principle of resolving possible interpretation doubts for the benefit of a taxpayer (in dubio pro tributario) was introduced to the Polish legal order. This rule was upgraded to the tax law principle expressed directly in Art. 2a of the Act of 27 August 1997 – Tax Ordinance. Such a decision of the legislator resulted from a prior referendum, wherein nearly 95% of voters supported the introduction of this principle, perceiving it, apparently, as an instrument that would enhance the practice of tax law application by tax authorities. After several years, it can be assumed that these hopes have not been fulfilled since this principle has not been applied more widely in the practice so far. The purpose of this study is to present both the very essence of in dubio pro tributario principle and experiences concerning its application in recent years, with a particular focus on the rulings issued thereon by administrative courts and Constitutional Tribunal.
The impact of general tax law principles contained in the new tax ordinance act on the interpretation of tax law
(Wydawnictwo Uniwersytetu Rzeszowskiego, 2019) Popławski, Mariusz
The study aims to present the meaning of general tax law principles resulting from the draft of the New Tax Ordinance Act on the process of tax law interpretation. A detailed analysis covers three principles: the principle of determining the content of tax law provisions, including the structure of the tax to which these provisions apply, the principle of resolving doubts in favor of the obliged, as well as the principle of balancing the legitimate interest of the obliged and the public interest. As part of the work, the following research hypotheses regarding these principles have been positively verified: the principles will have a significant impact on the interpretation of tax law provisions contained in the laws shaping the construction of individual taxes, they will also apply to other tax law provisions, additionally they will affect non-tax provisions, the application of which affects the operation of tax law provisions.