U clanku se analizira uticaj korupcije, kako administrativne, tako i koruptivnog ovladavanja drža... more U clanku se analizira uticaj korupcije, kako administrativne, tako i koruptivnog ovladavanja državom, na poresku strukturu. Autori su ustanovili da postoji negativna korelacija između stepena korupcije i visine efektivnog poreskog opterecenja, izolujuci simultani, direktno proporcionalni uticaj visine nominalnog poreskog opterecenja (koja bi mogla da odražava državnu intervenciju, inace glavni faktor korupcije) na razmere korupcije. Utvrđeno je da su efekti korupcije na smanjenje ucesca pojedinih poreza u BDP razliciti, pri cemu je ucinak na neposredne poreze, uzete u celini, izraženiji. Nacin utvrđivanja poreza znacajno opredeLjuje izloženost pojedinog fiskaliteta administrativnoj korupciji: ona je veca kod poreza koji se utvrđuju resenjem, gde poreski službenici i utvrđuju i kontrolisu porez, dok kod samooporezivanja i naplate po odbitku oni samo vrse kontrolu. Koruptivno ovladavanje državom izraženo je kod poreza koji su važni za uticajne koruptore. Tako su donoseni zakoni ko...
In April of 2001 the serious tax reforms has started, among other necessary actions for rehabilit... more In April of 2001 the serious tax reforms has started, among other necessary actions for rehabilitation, in accordance with political orientation of providing conditions for introducing Serbia in European and world streams. Main aims of this general reform of tax system, in the first stage of enforcement, consisted of considerable simplification of the existing tax structure and of providing greater allotting neutrality. The second stage of the reform enforcement, on the Eve of 2002, consisted of introducing some new simulative measures, both in the field of direct taxation and in the field of indirect taxation. In this article there is a critical analysis of newly introduced measures, aiming to revise their real justification in comparison with their economic and social aims.
all treaties, with Serbia having this clause in 46% of its double taxation agreements. It is the ... more all treaties, with Serbia having this clause in 46% of its double taxation agreements. It is the authors’ view that this provision represents a confirmation of the right to introduce tax incentives as a part of a country’s right to tax, while pointing out the necessity of preventing abuses of the provision. After conducting an analysis of the effects of tax sparing on foreign direct investments in Serbia and outgoing investments of Serbia’s residents, the remaining portion of the paper is dedicated to exploration of the interaction between GloBE Income Inclusion Rule and tax sparing. Their incompatibility, which implies that tax sparing would be annulled under BEPS 2.0, may be overcome via a specific carve-out, but at present such initiative is not endorsed by Inclusive Framework on BEPS.
The employer is obliged to respect employees’ rights guaranteed by the Constitution and the laws,... more The employer is obliged to respect employees’ rights guaranteed by the Constitution and the laws, whereas he can provide the employees with some benefits in addition to the salary which depends on his business strategy and financial capabilities. Poor communication among employees, low level of tolerance etc. create a bad working atmosphere, which adversely affects the company’s business. In the paper the author starts from the hypothesis that a socially responsible company could provide greater competitive advantages if it develops a proactive approach to the employees organizing, among others, joint sports and recreational activities that contribute to preserving their health, improving interpersonal relations and establishing closer ties between the employer and the employees. This is especially important under the situation when the two years’ pandemic caused by the COVID-19 virus has led to predominantly virtual contacts, isolation and alienation. Both compromise as a way to ov...
Technically, the term 'source' is used in the tax law to denominate the territory in whic... more Technically, the term 'source' is used in the tax law to denominate the territory in which an objective fact, representing a chargeable event (income, capital or transaction) is located. While residence triggers off unlimited tax liability, source implies application of the territorial principle. Source rules have two distinct roles: (1) to define the boundary between the incomes of a non-resident person that is and that is not subject to domestic taxation ('inbound' role); and (2) to regulate the foreign tax credit ('outbound' role). The authors focus on the 'inbound' role of the source rules, and they point out that the most important tax policy factor which lies behind the source rules is the taxpayer's factual and economic nexus with the given type of income. Other considerations, such as easiness of administration of the tax, also enter into the analysis. Many countries do not have elaborate source rules, relying on a well-developed body of p...
Since for much of the 20th century the comparative law was developing as the comparative private ... more Since for much of the 20th century the comparative law was developing as the comparative private law, with subsequent inclusion of constitutional, administrative and criminal law, comparisons of national tax systems were until recently marginal. The examination of the methods appropriate for the comparative tax law was especially neglected. Assuming that method in comparative law can be identified by techniques of comparisons, the authors considered dilemma whether the starting point for comparisons is praesumptio similitudinis or presumption of difference. Stemming from diversities of these assumptions, two methodological approaches in the comparative (tax) law have developed – functionalism (based on presumption of similarities) and cultural differences approach, from which critical approach subsequently emerged. Having analysed advantages and disadvantages of both approaches, the authors elaborated the basics of „cultural functionalism“, based on the inclusion of cultural context...
Lex localis - Journal of Local Self-Government, 2018
Sometimes, in order to provide themselves better living conditions, the residents of a certain mu... more Sometimes, in order to provide themselves better living conditions, the residents of a certain municipality may be willing to pay an additional fiscal levy besides ordinary taxes. In this paper, the authors deal with a self-imposed contribution as a possible resource of local budgets, comparing the regulation and concept of such a contribution in Slovenia and Serbia. By analysing the characteristics of such a levy in these two former Yugoslav states, the authors based their main hypothesis on proving that self-imposed contribution is, according to its legal nature, also a type of a tax, even if it is introduced under a referendum and the funds are earmarked for specific local purposes.
Advance tax ruling represents a missing link in Serbian tax law. It is aimed at advancement of ta... more Advance tax ruling represents a missing link in Serbian tax law. It is aimed at advancement of taxpayers’ legal certainty and deals with the tax treatment of their future transactions. By issuing a ruling at the taxpayer’s request, the tax administration obliges itself to issue a tax decision with specified content in regard to the particular set of facts. Relying on comparative law method, the authors consider different types of tax rulings, conditions to be met for them to be issued, fee structures, the scope and effects of the rulings’ application. While analysing the positions of administrative law scholars in Serbia on the warranty act, the authors strive to establish the legal nature of tax rulings. They point out the shortcomings of the existing system of binding tax opinions in Serbia with the aim of proposing the provisions that should be incorporated into the Tax Administration and Tax Procedure Act.
A measure will be considered as State aid if through the transfer of State resources to recipient... more A measure will be considered as State aid if through the transfer of State resources to recipients selectively grants an economic advantage and thereby distorts competition and affects trade between countries. In the paper certain aspects of State aid in the form of public revenue reduction have been analysed. The authors research each of the elements of the definition of the fscal State aid corroborating the analysis by relevant ECJ jurisprudence. They also point out that selective tax measures can simultaneously infringe both the rules on fundamental freedoms from TFEU and State aid law. The effects of the EU law on Serbian fiscal State aid law have been depicted throughout the paper.
Sažetak: Jedan od oblika poreske kontrole čine radnje u cilju otkrivanja poreskih krivičnih dela ... more Sažetak: Jedan od oblika poreske kontrole čine radnje u cilju otkrivanja poreskih krivičnih dela i njihovih učinilaca, koje preduzima posebna organizaciona jedinica Poreske uprave-Poreska policija. Tada se sa terena poreskog upravnog postupka prelazi na teren krivičnog prava i procedure. Poreska krivična dela su utvrđena u Zakonu o poreskom postupku i poreskoj administraciji, ali i u Krivičnom zakoniku. Predmet ovog rada su samo poreska krivična dela predviđena u srpskom poreskom zakonodavstvu, koja inkriminišu neosnovano iskazivanje iznosa za povraćaj poreza i poreski kredit, ugrožavanje naplate poreza i poreske kontrole, nedozvoljen promet akciznih proizvoda i nedozvoljeno skladištenje robe. Autor analizira bitna obeležja navedenih krivičnih dela, kroz zakonska rešenja i postojeću sudsku praksu. U radu se ukazuje da svako od poreskih krivičnih dela ugrožava javne prihode Republike Srbije, narušavajući time funkcionisanje države, zbog čega poreski delikti imaju poseban značaj. Da bi poreska krivična dela u srpskom poreskom zakonodavstvu mogla da zaštite fiskus, potrebno je da nadležni državni organi na pravilan način primenjuju materijalno poresko pravo, kao i da se zakon jednako primenjuje na sve učinioce ovih dela. Ostvarenje ovog cilja pretpostavlja vrlo dobru saradnju između Poreske policije i Ministarstva unutrašnjih poslova koji
Th is paper deals with the concept of digital services tax. Th is fairly novel type of tax is bei... more Th is paper deals with the concept of digital services tax. Th is fairly novel type of tax is being introduced by numerous jurisdictions around the world in an attempt to address the challenges posed to the taxation of profi ts by innovative business models which are at the core of multinational enterprises active in the domain of digital economy. Th e authors fi rstly analyse the crucial design elements, as well as the functioning of the digital services tax. Based on the results of the conducted analysis they further question the (hybrid) legal nature of such tax. Finally, they discuss the most important shortcomings of the digital services tax and assess the prospects for its persistence on the international tax scene in the light of the potential implementation of the coordinated approach to the taxation of digital economy envisaged by the OECD Pillar One initiative. Th e analysis of the digital services tax is especially relevant in the context of the continuous development and...
The paper deals with the tax treatment of capital gains on shares of companies both in national a... more The paper deals with the tax treatment of capital gains on shares of companies both in national and tax treaty law. The authors indicate that the authentic interpretation of the Art. 27 of Serbia’s Tax on Profits of Legal Entities Law opens the door to taxing not only realised but also potential capital gains thus triggering certain harmful consequences. Relying on the comparative legal analysis they suggest measures how to eliminate the existing economic double taxation and plead for granting a credit for the tax on capital gains paid abroad. In order to hamper tax evasion the introduction of a security for the resident company whose shares are alienated by a non-resident company at a gain is suggested whenever the tax return has not been filed. By analysing Serbia’s 58 tax treaties the authors conclude that 28 of them contain a single demarcation rule exclusively granting jurisdiction to tax the capital gains on shares to the state of residence of the alienator, while in remaining...
Tax counseling means the expert advice in tax matters and other matters linked to the payment of ... more Tax counseling means the expert advice in tax matters and other matters linked to the payment of taxes and other fiscal charges, as well as to the rights of natural and legal persons in the field of taxation. This kind of self-standing and independent profession conducted, for a fee, by tax adviser gives possibility to taxpayers to reduce their tax burden within the limits of the law and application of the tax regulations. Tax advisers in carrying out its activities must strictly adhere to the principle of legality, diligence and professionalism. Therefore, the development of such profession is not only interested to taxpayers who, thanks to expert advices of their tax adviser, achieve tax savings, but also to the state itself, which not only expect less illegal evasion of taxes, but has particular incentive to regulate tax legislation in order to minimize legal loopholes and ambiguities that skilled tax advisers can use for the benefit of their clients.
U clanku se analizira uticaj korupcije, kako administrativne, tako i koruptivnog ovladavanja drža... more U clanku se analizira uticaj korupcije, kako administrativne, tako i koruptivnog ovladavanja državom, na poresku strukturu. Autori su ustanovili da postoji negativna korelacija između stepena korupcije i visine efektivnog poreskog opterecenja, izolujuci simultani, direktno proporcionalni uticaj visine nominalnog poreskog opterecenja (koja bi mogla da odražava državnu intervenciju, inace glavni faktor korupcije) na razmere korupcije. Utvrđeno je da su efekti korupcije na smanjenje ucesca pojedinih poreza u BDP razliciti, pri cemu je ucinak na neposredne poreze, uzete u celini, izraženiji. Nacin utvrđivanja poreza znacajno opredeLjuje izloženost pojedinog fiskaliteta administrativnoj korupciji: ona je veca kod poreza koji se utvrđuju resenjem, gde poreski službenici i utvrđuju i kontrolisu porez, dok kod samooporezivanja i naplate po odbitku oni samo vrse kontrolu. Koruptivno ovladavanje državom izraženo je kod poreza koji su važni za uticajne koruptore. Tako su donoseni zakoni ko...
In April of 2001 the serious tax reforms has started, among other necessary actions for rehabilit... more In April of 2001 the serious tax reforms has started, among other necessary actions for rehabilitation, in accordance with political orientation of providing conditions for introducing Serbia in European and world streams. Main aims of this general reform of tax system, in the first stage of enforcement, consisted of considerable simplification of the existing tax structure and of providing greater allotting neutrality. The second stage of the reform enforcement, on the Eve of 2002, consisted of introducing some new simulative measures, both in the field of direct taxation and in the field of indirect taxation. In this article there is a critical analysis of newly introduced measures, aiming to revise their real justification in comparison with their economic and social aims.
all treaties, with Serbia having this clause in 46% of its double taxation agreements. It is the ... more all treaties, with Serbia having this clause in 46% of its double taxation agreements. It is the authors’ view that this provision represents a confirmation of the right to introduce tax incentives as a part of a country’s right to tax, while pointing out the necessity of preventing abuses of the provision. After conducting an analysis of the effects of tax sparing on foreign direct investments in Serbia and outgoing investments of Serbia’s residents, the remaining portion of the paper is dedicated to exploration of the interaction between GloBE Income Inclusion Rule and tax sparing. Their incompatibility, which implies that tax sparing would be annulled under BEPS 2.0, may be overcome via a specific carve-out, but at present such initiative is not endorsed by Inclusive Framework on BEPS.
The employer is obliged to respect employees’ rights guaranteed by the Constitution and the laws,... more The employer is obliged to respect employees’ rights guaranteed by the Constitution and the laws, whereas he can provide the employees with some benefits in addition to the salary which depends on his business strategy and financial capabilities. Poor communication among employees, low level of tolerance etc. create a bad working atmosphere, which adversely affects the company’s business. In the paper the author starts from the hypothesis that a socially responsible company could provide greater competitive advantages if it develops a proactive approach to the employees organizing, among others, joint sports and recreational activities that contribute to preserving their health, improving interpersonal relations and establishing closer ties between the employer and the employees. This is especially important under the situation when the two years’ pandemic caused by the COVID-19 virus has led to predominantly virtual contacts, isolation and alienation. Both compromise as a way to ov...
Technically, the term 'source' is used in the tax law to denominate the territory in whic... more Technically, the term 'source' is used in the tax law to denominate the territory in which an objective fact, representing a chargeable event (income, capital or transaction) is located. While residence triggers off unlimited tax liability, source implies application of the territorial principle. Source rules have two distinct roles: (1) to define the boundary between the incomes of a non-resident person that is and that is not subject to domestic taxation ('inbound' role); and (2) to regulate the foreign tax credit ('outbound' role). The authors focus on the 'inbound' role of the source rules, and they point out that the most important tax policy factor which lies behind the source rules is the taxpayer's factual and economic nexus with the given type of income. Other considerations, such as easiness of administration of the tax, also enter into the analysis. Many countries do not have elaborate source rules, relying on a well-developed body of p...
Since for much of the 20th century the comparative law was developing as the comparative private ... more Since for much of the 20th century the comparative law was developing as the comparative private law, with subsequent inclusion of constitutional, administrative and criminal law, comparisons of national tax systems were until recently marginal. The examination of the methods appropriate for the comparative tax law was especially neglected. Assuming that method in comparative law can be identified by techniques of comparisons, the authors considered dilemma whether the starting point for comparisons is praesumptio similitudinis or presumption of difference. Stemming from diversities of these assumptions, two methodological approaches in the comparative (tax) law have developed – functionalism (based on presumption of similarities) and cultural differences approach, from which critical approach subsequently emerged. Having analysed advantages and disadvantages of both approaches, the authors elaborated the basics of „cultural functionalism“, based on the inclusion of cultural context...
Lex localis - Journal of Local Self-Government, 2018
Sometimes, in order to provide themselves better living conditions, the residents of a certain mu... more Sometimes, in order to provide themselves better living conditions, the residents of a certain municipality may be willing to pay an additional fiscal levy besides ordinary taxes. In this paper, the authors deal with a self-imposed contribution as a possible resource of local budgets, comparing the regulation and concept of such a contribution in Slovenia and Serbia. By analysing the characteristics of such a levy in these two former Yugoslav states, the authors based their main hypothesis on proving that self-imposed contribution is, according to its legal nature, also a type of a tax, even if it is introduced under a referendum and the funds are earmarked for specific local purposes.
Advance tax ruling represents a missing link in Serbian tax law. It is aimed at advancement of ta... more Advance tax ruling represents a missing link in Serbian tax law. It is aimed at advancement of taxpayers’ legal certainty and deals with the tax treatment of their future transactions. By issuing a ruling at the taxpayer’s request, the tax administration obliges itself to issue a tax decision with specified content in regard to the particular set of facts. Relying on comparative law method, the authors consider different types of tax rulings, conditions to be met for them to be issued, fee structures, the scope and effects of the rulings’ application. While analysing the positions of administrative law scholars in Serbia on the warranty act, the authors strive to establish the legal nature of tax rulings. They point out the shortcomings of the existing system of binding tax opinions in Serbia with the aim of proposing the provisions that should be incorporated into the Tax Administration and Tax Procedure Act.
A measure will be considered as State aid if through the transfer of State resources to recipient... more A measure will be considered as State aid if through the transfer of State resources to recipients selectively grants an economic advantage and thereby distorts competition and affects trade between countries. In the paper certain aspects of State aid in the form of public revenue reduction have been analysed. The authors research each of the elements of the definition of the fscal State aid corroborating the analysis by relevant ECJ jurisprudence. They also point out that selective tax measures can simultaneously infringe both the rules on fundamental freedoms from TFEU and State aid law. The effects of the EU law on Serbian fiscal State aid law have been depicted throughout the paper.
Sažetak: Jedan od oblika poreske kontrole čine radnje u cilju otkrivanja poreskih krivičnih dela ... more Sažetak: Jedan od oblika poreske kontrole čine radnje u cilju otkrivanja poreskih krivičnih dela i njihovih učinilaca, koje preduzima posebna organizaciona jedinica Poreske uprave-Poreska policija. Tada se sa terena poreskog upravnog postupka prelazi na teren krivičnog prava i procedure. Poreska krivična dela su utvrđena u Zakonu o poreskom postupku i poreskoj administraciji, ali i u Krivičnom zakoniku. Predmet ovog rada su samo poreska krivična dela predviđena u srpskom poreskom zakonodavstvu, koja inkriminišu neosnovano iskazivanje iznosa za povraćaj poreza i poreski kredit, ugrožavanje naplate poreza i poreske kontrole, nedozvoljen promet akciznih proizvoda i nedozvoljeno skladištenje robe. Autor analizira bitna obeležja navedenih krivičnih dela, kroz zakonska rešenja i postojeću sudsku praksu. U radu se ukazuje da svako od poreskih krivičnih dela ugrožava javne prihode Republike Srbije, narušavajući time funkcionisanje države, zbog čega poreski delikti imaju poseban značaj. Da bi poreska krivična dela u srpskom poreskom zakonodavstvu mogla da zaštite fiskus, potrebno je da nadležni državni organi na pravilan način primenjuju materijalno poresko pravo, kao i da se zakon jednako primenjuje na sve učinioce ovih dela. Ostvarenje ovog cilja pretpostavlja vrlo dobru saradnju između Poreske policije i Ministarstva unutrašnjih poslova koji
Th is paper deals with the concept of digital services tax. Th is fairly novel type of tax is bei... more Th is paper deals with the concept of digital services tax. Th is fairly novel type of tax is being introduced by numerous jurisdictions around the world in an attempt to address the challenges posed to the taxation of profi ts by innovative business models which are at the core of multinational enterprises active in the domain of digital economy. Th e authors fi rstly analyse the crucial design elements, as well as the functioning of the digital services tax. Based on the results of the conducted analysis they further question the (hybrid) legal nature of such tax. Finally, they discuss the most important shortcomings of the digital services tax and assess the prospects for its persistence on the international tax scene in the light of the potential implementation of the coordinated approach to the taxation of digital economy envisaged by the OECD Pillar One initiative. Th e analysis of the digital services tax is especially relevant in the context of the continuous development and...
The paper deals with the tax treatment of capital gains on shares of companies both in national a... more The paper deals with the tax treatment of capital gains on shares of companies both in national and tax treaty law. The authors indicate that the authentic interpretation of the Art. 27 of Serbia’s Tax on Profits of Legal Entities Law opens the door to taxing not only realised but also potential capital gains thus triggering certain harmful consequences. Relying on the comparative legal analysis they suggest measures how to eliminate the existing economic double taxation and plead for granting a credit for the tax on capital gains paid abroad. In order to hamper tax evasion the introduction of a security for the resident company whose shares are alienated by a non-resident company at a gain is suggested whenever the tax return has not been filed. By analysing Serbia’s 58 tax treaties the authors conclude that 28 of them contain a single demarcation rule exclusively granting jurisdiction to tax the capital gains on shares to the state of residence of the alienator, while in remaining...
Tax counseling means the expert advice in tax matters and other matters linked to the payment of ... more Tax counseling means the expert advice in tax matters and other matters linked to the payment of taxes and other fiscal charges, as well as to the rights of natural and legal persons in the field of taxation. This kind of self-standing and independent profession conducted, for a fee, by tax adviser gives possibility to taxpayers to reduce their tax burden within the limits of the law and application of the tax regulations. Tax advisers in carrying out its activities must strictly adhere to the principle of legality, diligence and professionalism. Therefore, the development of such profession is not only interested to taxpayers who, thanks to expert advices of their tax adviser, achieve tax savings, but also to the state itself, which not only expect less illegal evasion of taxes, but has particular incentive to regulate tax legislation in order to minimize legal loopholes and ambiguities that skilled tax advisers can use for the benefit of their clients.
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