Evaluation of Value Added Tax Application Problems in Terms of Taxation of Electronic Commerce | Author : Günes ÇETIN GERGER, Adnan GERÇEK | Abstract | Full Text | Abstract :Nowadays electronic taxation is being one of the important issues for revenue administrations. Tax administrations try to organize their tax system fairly and give attention on equity. Value added tax is most preferable taxes among the consumption taxes. Because it’s application is easy and taxpayers don’t show resistance to the value added tax. On electronic commerce value added taxes are using commonly. To provide equity in taxation, some taxation principles are adapted for value added taxes too. In this paper, we are trying to analyze the development of e-commerce in the world and e-taxation regulations and problems in the European Union (EU) and Organization for Economic Cooperation and Development (OECD) countries. The EU and OECD countries are making regulations in this issue. The last regulation is Base Erosion and Profit Shifting 15 point action plan in 2014. Taxation of the digital economy is the first action plan. In addition this, some regulations about taxation of digital economy are being done in Turkey in the case of Base Erosion and Profit Shifting action plan. |
| Evidence of Violations of Taxpayers Rights in Tax Investigation in View of Judicial Decisions | Author : Burak PINAR | Abstract | Full Text | Abstract :The aims of tax audit are checking up the accuracy of the tax that must be paid, fixing and supplying them. With tax analysis, exactitude of taxpayer’s declaration is investigated, determined and obtained. In fact, this situation arises out of its being a process, preparing basis for the imposition transaction that tax department will lay. Eventually, there is not a possibility to file an annulment action against a report to be compiled as a result of tax analysis. Analyses, in principle, will be made at taxpayer’s working place, but if specific conditions occur, it will be made at the investigator’s department. Analyses will be realized by investigators designated in Tax Procedure Law. Investigator will inquire into the real character of the event that brings forth the tax. The burden of determining of real property on taxation procedures belongs to tax administration This situation is, in reality, a result of economical approach principle. Analyses done will be performed on especially on ledgers and documents; apart from that, it will be required to put forth tax assessments and assessment discrepancies found distinctly through evidences that will be obtained from the business firm and outside the business firm. So it has been being considered within the rigt of fair trial Protection of taxpayer is a basic requirement for the democratic state of law. Administrative services must obey all the rules of setting an administrative act. The lawmaker and government have to give a lot of importance to protective laws and regulations so as to provide justice and equity in taxation. |
| Globalization, Tax Competition and Tax Burden In Turkey | Author : Veli KARGI, Tacim YAYGIR | Abstract | Full Text | Abstract :1990’s world was quite different from the world of 1950’s. Especially in the last twenty years, the increasing involvement of Japan in the world economy since the 1990s, in addition to the dominance of globalization and market economy throughout the world, the rapid spread of information resulting from the developments in IT-technology and the international competition emerging in the field of technology have all led to some significant developments in the world economy.
Reduction of high mobility income and corporate tax rates due to tax competition may cause an unjust distribution of the tax burden. The fact that indirect taxation constitutes about 70% of the tax revenues obtained in Turkey can be taken as an indication of the unfairness in the distribution of tax burden in Turkey.
In this study, following a definition of globalization and tax competition, classification of tax competition, reasons for increasing tax competition, benefits and losses of tax competition are explained, and changes introduced by various countries in their tax systems due to tax competition, the distribution of tax burden resulting from tax competition in Turkey and the effectiveness of the new income tax law in Turkey in terms of tax competition are analyzed. |
| The Evaluation Of Pre-Taxation Practice In Terms Of The Effects To Tax System Within The Frame Of The New Income Tax Draft Law | Author : Fevzi Rifat ORTAÇ, Hilmi ÜNSAL, Elif YILMAZ | Abstract | Full Text | Abstract :It is possible to define pre-taxation, as taxing the payment that arises because of taxable transactions before payment to the owner, on account of the tax that will accrue in the future. In fact, pre-taxation has been applied in Turkish tax system all along with the names such as “stoppage, withholding, deduction at source, deduction” as a taxation method and tax security measure.
It is thought that stoppage is possitive for the ease of collection, combating with unrecorded and reducing the cost of collection. On the other hand, it is claimed that it has negative effects in terms of including income completely and the creation of a fair tax system.
In legacy application, especially, the trend to leave from declaration system puts forward the stoppage practice but at the same time it causes various problems about equity and effectiveness in taxation. The New Income Tax Draft Law that collects the income tax and corporation tax in a single law as taxes on income, makes some changes at pre-taxation.
In this study, the regulations of the New Income Tax Draft Law about the application of pre-taxation will be evaluated comparatively with the existing legislation, the problems and solution proposals will be discussed. |
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