Legal presumptions in national tax systems (Italy and Belgium) and in EU law

The thesis deals with the concept of presumptions, and in particular of legal presumptions, in the context of national tax systems (Italy and Belgium) and EU law. The purpose was to investigate the concept of legal presumption under a twofold comparative perspective. After having provided a general overview of the common core concept of presumption in the European context, an insight in the national approach to legal presumptions was given by examining two different national experiences, namely the Italian and Belgian tax systems. At this stage, the Constitutional framework and some of the most interesting and relevant at EU level presumptive measures were explored, with a view to underlining possible divergences and common grounds. The concept of (national) legal presumption was then investigated in the context of EU law, with the attempt to systematize under a uniform perspective a matter which has been traditionally dealt with either from the merely national point of view or, at EU level, through a fragmented form. In this instance, the EU law relevant framework and the most significant EUCJ case-law, in particular in the field of customs duties, VAT, on the issue of the repayment of taxes levied in breach of EU law and in the area of direct taxation, were examined so as to construe the overall EU approach to national legal presumptions. This was done with the finality of determining if and to what extent a common analytical framework may be identified, from which were extracted certain criteria governing the compatibility of national legal presumptions with EU law.

From Convergence to Diffusion: The EU's influence on national tax systems. ACES Cases No. 2011.2

In this article I investigate to what extent European Integration stimulates policy convergence and diffusion of various forms of tax policy. Using a mixed-methods design, I find that several causal mechanisms contribute to an EU-wide diffusion of tax policies: imposition, competition, harmonization and learning/communication. I show that these mechanisms have different effects on different forms of taxation. Even if the ultimate outcome of this influence only in few cases leads to unconditional convergence, the EU has markedly accelerated policy diffusion among its member states.

Progressivity in the Portuguese personal income tax system

This Work Project analyzes the evolution of the Portuguese personal income tax system’s progressivity over the period of 2005 through 2013. It presents the first computation of cardinal progressivity measures using administrative tax data for Portugal. We compute several progressivity indices and find that progressivity has had very modest variations from 2005 to 2012, whilst from 2012 to 2013 there has been a relatively stronger decrease, excluding the impact of the income tax surcharge of the years 2012 and 2013. When this latter is included, progressivity of 2012 and 2013 decreases considerably. Analyzing the effective average tax rates of the top income percentiles in the income scale, we find that these rates have increased over the period 2010–2013, suggesting that an analysis of effective tax rates is insufficient to assess progressivity in the whole tax scheme.

Tax performance and reform in the Organization of Eastern Caribbean States (OECS)

Includes bibliography

Tax structure and tax evasion in Latin America

Incluye bibliografia

Tax reforms and fiscal stabilization in Latin American countries

Includes bibliography

Tax reform for human development in Central America

Includes bibliography

Tax policy in Latin America: Assessment and guidelines for a second generation of reforms

Includes bibliography

The Determinants of Personal Income Tax Progressivity Around the Globe

This paper utilizes a novel database collected by the authors to document features of the progressivity of personal income tax systems across 209 countries for the years 1980-2009. We measure progressivity in several ways. First, we associate it with the increase in effective average (marginal) tax rates between a wage of zero and ten times the average wage in a country. Second, we consider the curvature of the tax schedule expressed as the difference between the effective average (marginal) tax schedule from a wage of zero to ten times the average wage and a linear average tax schedule and, alternatively, the diference between the effective average (marginal) tax schedule from the minimum positive taxable income, to ten times the average wage as opposed to a linear average tax schedule. Moreover, the paper assesses patterns regarding the conditional correlation of country-specifc tax progressivity measures with a host of economic and political country-specific characteristics and find the labor supply elasticity and the income replacement rates for the unemployed to be key determinants of progressivity around the globe, in line with economic theory.

Sales tax enforcement: An empirical analysis of compliance enforcement methodologies and pathologies

Most research on tax evasion has focused on the income tax. Sales tax evasion has been largely ignored and dismissed as immaterial. This paper explored the differences between income tax and sales tax evasion and demonstrated that sales tax enforcement is deserving of and requires the use of different tools to achieve compliance. Specifically, the major enforcement problem with sales tax is not evasion: it is theft perpetrated by companies that act as collection agents for the state. Companies engage in a principal-agent relationship with the state and many retain funds collected as an agent of the state for private use. As such, the act of sales tax theft bears more resemblance to embezzlement than to income tax evasion. It has long been assumed that the sales tax is nearly evasion free, and state revenue departments report voluntary compliance in a manner that perpetuates this myth. Current sales tax compliance enforcement methodologies are similar in form to income tax compliance enforcement methodologies and are based largely on trust. The primary focus is on delinquent filers with a very small percentage of businesses subject to audit. As a result, there is a very large group of noncompliant businesses who file on time and fly below the radar while stealing millions of taxpayer dollars. ^ The author utilized a variety of statistical methods with actual field data derived from operations of the Southern Region Criminal Investigations Unit of the Florida Department of Revenue to evaluate current and proposed sales tax compliance enforcement methodologies in a quasi-experimental, time series research design and to set forth a typology of sales tax evaders. This study showed that current estimates of voluntary compliance in sales tax systems are seriously and significantly overstated and that current enforcement methodologies are inadequate to identify the majority of violators and enforce compliance. Sales tax evasion is modeled using the theory of planned behavior and Cressey’s fraud triangle and it is demonstrated that proactive enforcement activities, characterized by substantial contact with non-delinquent taxpayers, results in superior ability to identify noncompliance and provides a structure through which noncompliant businesses can be rehabilitated.^

Os conflitos tributários internacionais e sua possível solução pela via arbitral

O fenômeno da globalização teve o condão de aproximar os diversos povos, cada um com seus interesses e culturas próprios. A existência de um consenso internacional na definição de princípios a serem seguidos quando das relações externas não consegue impedir, contudo, o surgimento de possíveis conflitos e divergências, tendo em vista a pluralidade cultural das diversas nações mundiais, fato que induziu a sociedade internacional a desenvolver meios que pudessem dirimir pacificamente as controvérsias, porventura, surgidas entre elas. A adoção dos meios para solução pacífica dos conflitos internacionais encontra-se incentivada pela Constituição da República Federativa do Brasil (art. 4., incisos VI e VII) e sua utilização não importa qualquer renúncia ao exercício da soberania, nem tampouco à imunidade de jurisdição. Para que se tenha uma eficácia maior da submissão dos conflitos surgidos no âmbito externo aos meios admitidos para resolvê-los, é importante que os países envolvidos no litígio possuam orientação interna no sentido de privilegiar o Direito Internacional frente à sua legislação infraconstitucional doméstica. A eventual primazia do direito interno pode resultar na inocuidade da adoção dos meios pacíficos de solução de controvérsias internacionais, uma vez que as autoridades dos países litigantes poderão se esquivar do cumprimento do acordo ou decisão alegando uma possível contrariedade com os ditames legais domésticos. Nesse contexto, a seara tributária tem despertado constantes divergências internacionais. As diferentes interpretações conferidas pelas diversas nações, dentre elas o Brasil, quando da aplicação dos tratados por elas firmados e que tenham vertente fiscal, em especial aqueles que visam evitar a dupla imposição fiscal da renda, ou garantir o livre trânsito de bens, pessoas e serviços, acaba trazendo grande insegurança àqueles investidores que possuem operações conectadas a dois ou mais sistemas tributários diferentes. Assim, ganham cada vez mais corpo, os debates em torno da extensão dos mecanismos pacíficos para resolução de divergências, também ao âmbito de aplicação de todo e qualquer tratado que verse sobre a matéria tributária. Tal fato propicia a busca de uma possível uniformização dos métodos hermenêuticos aplicáveis àqueles fatos geradores tributáveis que se encontrem vinculados a dois ou mais entes soberanos. É nesse contexto que se apresenta o presente estudo, o qual aborda a possibilidade de a República Federativa do Brasil submeter ao procedimento arbitral aquelas controvérsias de cunho tributário que eventualmente decorram da interpretação divergente das convenções internacionais das quais seja parte e que tratem de matéria fiscal.

O sigilo bancário e a fraude fiscal

Tax evasion and fraud threaten the economic and social objectives of modern tax systems, precluding the state funding for the satisfaction of collective needs and the fair distribution of wealth, being a violation of basic principles and values of our society. In tax law, to give tax administration the necessary powers to supervise and control the information provided by taxpayers and combat tax evasion and fraud, over the last years the grounds for a derogation of bank secrecy without judicial authorization have been extended, which raises some constitutional compatibility issues. Similarly, this tendency of making this legal regime more flexible and increasing automatic exchange of information has been followed by the European Union and the international community. Banking secrecy, as a professional secrecy, is an instrument to protect the right to privacy but also appears as an anti-abuse and repressive mechanism of evasive and fraudulent behaviors. Because of the conflict of interests will always be necessary to make a practical agreement between them, ensuring the legality and the due guarantees of the taxpayers but also an effective way to combat tax evasion and fraud. Bank secrecy cannot be one method to, behind the right to privacy, taxpayers practice illegal activities. But the practice of these irregular conducts also does not justify a total annihilation of the right to banking secrecy, uncovering all documents and bank information’s. Although considering the legislative changes, the administrative derogation of bank secrecy will always be what the tax administration does of it.