Time to stop avoiding the tax avoidance issue in Croatia? A proposal based on recent developments in the European Union

Gadžo, Stjepan; Klemenčić, Irena

doi:10.3326/fintp.38.3.2

Cited by 6 publications

(5 citation statements)

References 14 publications

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“…36 For a detailed overview on exit taxation, see Klemenčić, 2016. 37 Analysis of GAAR in the Croatian tax law in Gadžo and Klemenčić, 2014.…”

Section: Income Taxmentioning

confidence: 99%

Regulation of Public Finances in Light of Financial Constitutionality : Analysis on Certain Central and Eastern European Countries

2022

Legal Studies on Central Europe

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Financial policy-which is based on macroeconomic policy-can be divided into two parts: fiscal (budgetary) policy, and monetary policy. Fiscal policy essentially covers the area of public revenues and public expenditures, i.e., it deals with public burdens through the obligation of burden-sharing, taxation, and public expenditures, from which public services are financed. The fiscal policy of the modern state is a complex and difficult system in which the individual elements are closely related to each other. Budgetary policy manifests in the regulation of public finances and public charges (taxes). Monetary policy is the other element of financial policy that primarily regulates financial processes indirectly. An important task of the monetary sphere is to ensure the money supply and smooth cash flow of the economy, i.e., to have enough money available for economic processes. Besides the central bank, financial intermediaries participate in the processes at micro level, the regulation of which is also one of the tasks of the central bank as well as the state. The two branches of monetary policy are closely related with each other. They are defined by different sub-goals, but the main goal of fiscal policy is to ensure economic and social stability and development. The regulation of public finances has two tasks: to regulate the public finance system and related issues, and to regulate the monetary system itself. To make the regulation of the financial system comprehensible, it is necessary to learn about the role and function of the state in public finances, the essential characteristics of money, and the principles of the functioning of the monetary system. This theoretical chapter deals analyses these issues.

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“…36 For a detailed overview on exit taxation, see Klemenčić, 2016. 37 Analysis of GAAR in the Croatian tax law in Gadžo and Klemenčić, 2014.…”

Section: Income Taxmentioning

confidence: 99%

Regulation of Public Finances in Light of Financial Constitutionality : Analysis on Certain Central and Eastern European Countries

2022

Legal Studies on Central Europe

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“…36 For a detailed overview on exit taxation, see Klemenčić, 2016. 37 Analysis of GAAR in the Croatian tax law in Gadžo and Klemenčić, 2014.…”

Section: Income Taxmentioning

confidence: 99%

Regulation of Public Finances in Croatia in Light of Financial Constitutionality

Lugarić¹,

Klemenčić²

2022

Regulation of Public Finances in Light of Financial Constitutionality : Analysis on Certain Central and Eastern European Countr

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This chapter describes the basic features of financial law and financial regulation in the Republic of Croatia. With the aim of defining financial law in Croatia, the authors provide the setting thereof in the Croatian legal system and address the main areas which it encompasses. The introductory part describes the development of Croatian financial law and sets the boundaries by identifying the areas it includes. Beginning in the early 1990s, marked by the transition to market economy, the introduction of new tax forms as well as the development of tax procedure and tax administration are explained. Simultaneously, budgetary law, social contributions law, law on financing local and regional units, fees law and customs law were created to eventually assume their present form. Starting from the constitutional provisions, this chapter sets all those areas in the framework of financial law regulation and provides basic information for each of them. The descriptions include the concepts and instruments of financial law in Croatia, starting with the budget law of the state and of local self-government, followed by tax and fee law, customs law, and social insurance law. The overview is supplemented by the most important aspects of tax procedure and tax administration. The conclusion reflects on the present state of Croatian financial law, the challenges that influenced its development, and the prospects for the future.

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“…Štoviše, presudom suda u predmetima Cussen i dr. 14 gdje je načelo primijenjeno na nacionalu strukturu, bez pravnog temelja u nacionalnim odredbama za njegovu primjenu, potvrđeno je da unutar oporezivanja, ovo načelo djeluje kao opće načelo protiv izbjegavanja poreza. 15 U ovom se radu ispituju implikacije presuda Suda EU-a, u tzv. danskim predmetima (Danish Beneficial Ownership) koji su nastavak aktivizma Suda EU-a u primjeni načela zabrane zlouporabe prava u domeni oporezivanja.…”

Section: Uvodunclassified

Odnos instituta stvarnoga korisnika i načela zabrane zlouporabe prava u europskom poreznom pravu

Dujmović

2020

Zb. Prav. fak. Sveuč. Rij. (Online)

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Article deals with overview and some implications of European Court of Justice's (CJEU) judgments in Danish Beneficial Ownership cases. In six jointed cases, right to witholding tax exemption, according to EU Interest and Royalties Directive (IRD) and Parent and Subsidiary Directive (PSD) in cases of abusive tax practices, has been questioned. Among other things, within two judgments, CJEU puts special attention to the relationship between beneficial ownership concept and general EU principle of abuse of law. By specifying the concept of the beneficial ownership in detail, relying heavily on OECD’s guidelines and international tax practice, and providing specific indicia for identifying abusive practices, the Court brings these two concepts into the relationship of interplay. Furthermore, by interpreting the EU general abuse of law principle, CJEU eliminates the need for national or treaty-based anti-abuse provisions, by which, in fact, confirms the principle of the prohibition of abusive tax practices as a direct expression of the general legal principle of abuse of law. In addition to making a further step in the development of this principle in Union law, the paper will show that the new, or upgraded, mechanism presented by these judgments represents logical sequence of the trend and doctrine developed by earlier Court judgments, but at the same time a clear indication of the Union's political commitment in the fight against international tax avoidance.

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Time to stop avoiding the tax avoidance issue in Croatia? A proposal based on recent developments in the European Union

Cited by 6 publications

References 14 publications

Regulation of Public Finances in Light of Financial Constitutionality : Analysis on Certain Central and Eastern European Countries

Regulation of Public Finances in Light of Financial Constitutionality : Analysis on Certain Central and Eastern European Countries

Regulation of Public Finances in Croatia in Light of Financial Constitutionality

Odnos instituta stvarnoga korisnika i načela zabrane zlouporabe prava u europskom poreznom pravu

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