Interpretation of tax legislation on the example of debt forgiveness
Journal Title: Економіка. Фінанси. Право - Year 2018, Vol 9, Issue
Abstract
The article is devoted to the investigation of the tax rule-making process as a social phenomenon necessary for the effective existence of the financial system of the state, violation of the rules of such rule-making process, leading to the need to interpret the norms of the tax law and the norms of other branches of law used by it. Depending on the subject of interpretation, it can be of three types: authentic, judicial and doctrinal. Authentic interpretation - an interpretation of the law carried out by the body which adopted it. Such an interpretation is carried out by adopting a new law, which specifies, narrows the norm of the law to be interpreted, giving it a more pronounced meaning. Judicial interpretation is an interpretation by a court. Subjects of doctrinal interpretation are scientists, teachers, experts. As an example of a tax norm that requires interpretation, the application of the term «termination of an obligation for the forgiveness (cancellation) of a debt» in the tax legislation of Ukraine and the corresponding tax consequences of such a procedure are examined. The disagreement in the use of this concept with the notion of «compensation» and «innovation» has been revealed, both in terms of termination of obligations. This disagreement has been discovered both at the linguistic and legal level. In addition, the points of view and arguments for their confirmation of recognition of debt forgiveness as a one-way, and bilateral transaction are investigated. It is concluded that the viewpoints of the one-sided nature of debt forgiveness are more logical, since the creditor owns the right of claim as an element of a binding relationship. Due to the dispositive nature of civil legal relations, the creditor has an initiative to realize this right. Based on this, it is proposed to amend the Tax Code aimed at harmonizing civil and tax legislation.
Authors and Affiliations
Oleksandr Mykolaiovych Yefimov, Serhii Anatoliiovych Yefimov
Keywords
Related Articles
- EP ID EP531336
- DOI -
- Views 72
- Downloads 0
The social development modeling based on ethical criteria of the economic goods distribution
The modern economic theory of welfare, which relates to normative political economy, studies the dependence of the results of the state economic policy on its objectives. This branch of knowledge attracts special attenti...
Trajectory of development of budgetary planning in the conditions of decentralization
The main guidelines for the development of budget planning in the context of decentralization reform are considered. The place and role of budget planning components in the context of strengthening the coordination of st...
Location and the role of electronic communications in forming business processes
The article analyzes the role of electronic communications in the formation of business processes. The influence of information technologies on key organizational issues in the enterprise is analyzed and their role in th...
Influence of the innovative strategy of a high-tech enterprise on its competitiveness
The problems of formation of innovative strategy of a high-tech enterprise and its influence on increasing its competitiveness are considered. The reasons and obstacles on the way of forming the strategy of innovation in...
The problem of accounting for transactions using accounts special purpose
The article is devoted to the research of sustained issues of reflection in the system of accounting operations with the use of special purpose accounts. It is determined that over the past few years, there has been a ch...