16 research outputs found

    Legal Interpretation of Tax Law: Italy

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    The article analyzes different types of interpretations of tax law, such a strict interpretation , purposive interpretation of tax laws, extensive interpretation, anti-avoidance interpretation, and also discusses interpretive tax norms and guidelines and the interpretation of tax treaties and the role of the OECD Commentary

    Lutheran Views on State and Taxation

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    At the threshold of the sixteenth century, the Lutheran Reformation proposed a new articulation of powers within the Holy Roman Empire. In the lands where the Reformation was successful, immunities and privileges for the clergy were abolished, monasteries and other places of worship were closed, and many of the ecclesiastical competences were transferred to the state. Martin Luther, Philip Melanchthon, Johannes Brenz, and other theologians saw the prince as a divine authority. The prince had to care for the spiritual and material well-being of his subjects. He was legitimized to charge taxes, but if he abused of his powers, his subjects could disobey him. Luther, Melanchthon, Brenz supported the princely activity and encouraged the payment of taxes as a necessity for the maintenance of the state. However, they also voiced the interest of the poor and those who could not afford the payment of taxes

    VAT and Insurance : The European Union

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    In European VAT, insurance is exempt from the tax. Determination of the scope of exemption for ‘insurance and reinsurance transactions, including related services performed by insurance brokers and insurance agents’ is far for being clear in the light of the wording, purpose and context of Article 135(1)(a) of the VAT Directive. The Court of Justice has clarified the concepts enacted in that provision to a large extent in its case law. Nevertheless, the approach of the Court, which has to balance the principle of neutrality on one hand, and the principle of strict interpretation of exemptions on the other, still leaves many interpretative doubts. The definition of insurance as formulated by the Court of Justice focuses on the nature of the service and raises questions as to the scope of its application to services which, although not constituting conventional insurance, share the functions and characteristics of such insurance. The case law of the Court of Justice as to the outsourcing of services by insurers and transfers of portfolios of (re)insurance has had a severe impact on how insurers can structure and restructure their businesses. In this chapter, after a brief presentation of the background for the current state of law, the case law of the Court of Justice as to the scope of the exemption for insurance in European VAT is analysed and critically assessed

    Salvaging historic shipwrecks in South Africa

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    Includes bibliographical referencesThe mystique surrounding shipwrecks has intrigued man since the inception of sea travel itself. The wreck lies as a submerged time capsule, holding secrets of the past, patiently waiting to tell her stories, with rich rewards for archaeologists and salvors alike. Modern advances in underwater technology have supported a drastic increase in the discovery and retrieval of shipwrecks and their cargoes. Accompanying such advances are tensions which have emerged between interested parties in historic wrecks, the most notorious being between two broad interest groups; those who are attracted by the commercial value of such wrecks and those concerned to protect their historical and cultural value. This dissertation considers the viability of salvage law in the context of historic shipwrecks in South African waters

    Introduction: Why Ethics Matter in Taxation

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