PRINCIPLES OF TAX LAW

Principles of Tax Law

Tax Law

It is a branch of public law that studies the legal standards by which the state exercises its power of taxation for the purpose of obtaining income individuals that serve to cover public spending for the sake of the common good.

Branch of law that aims to study a set of legal rules according to certain principles common to all, governing the establishment, collection and revenue control of the State Public Law from the exercise of its taxing power and as relations between the State itself and individuals considered as taxpayers.

Payments received (Capital or Income)

Taxes and other deductions always assume removal of the income earned by corporations and individuals, and therefore the ratio taxpayer to them is always negative, which leads sometimes to deliberate tax evasion. Inadequate study regulations governing taxation are a major cause of violations of tax laws by taxpayers. In this case, the liability for violation of tax laws. taxpayers are concerned more by the total level of income eradicated by the government, and therefore the amount of resources diverted to private use by the type of tax assertion by an example like this: suppose two individuals A and B, receiving respectively 1000 and 10000 units of currency, must choose between a tax proportion of 70% or a progressive tax at a rate of 5% for the poorest and 50% for the richest. What kind of tax these people prefer? Everyone without hesitation to Supports a progressive tax rate since in this case A pays 50 units Monetary and B pays 5000, while with a rate proportional both should charged a higher tax (700 monetary units for A and 7000 for B)

Tax provisions

Now since according to the tax provisions, the differentiation of taxes are on three levels - federal, taxes republics of the companies, territories, regions, autonomous areas and the local. They are assigned to the respective budgets, presenting their independent financial base. The number of fixed sources of income budgets, lower levels greatly expanded. This is due to the new principles of constructing the state budget system. If on the previous legislation all budgets were combined into a single state budget, approved as a whole the highest organ of state power, but now each is a separate budget, although the relationship between higher-and lower-level budget, with income saved (grants and subsidies, transfer payments from certain types of income). It should be noted, however, that the increased number of fixed income lower (after federal) budget does not eliminate the problem of strengthening and broadening the financial base of these budgets, because they receive income in such form only a small part provide funding for the necessary expenses.(Schnepper,2006,p.46)

Heavy Minerals Pty Ltd v FCT

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