FAQ

Issue 12 (4)/ 2018

2018 Next

Publication date: 12.12.2018

Licence: CC BY-NC-ND  licence icon

Editorial team

Editor-in-Chief Jolanta Gliniecka

Issue content

Richard Bartes

Financial Law Review, Issue 12 (4)/ 2018, 2018, pp. 1-16

https://doi.org/10.4467/22996834FLR.18.017.9998

The paper is dealing with the origin of the value added tax, as well as the circumstances of its introduction and subsequent evolution. That is why the introduction of its author, Maurice Laure, is to be mentioned at the very beginning. Then the present state of the tax in France has to be summarized which leads to our considerations about the possible future of the tax in France (partly in other countries as well) and an attempt to formulate possible lessons, following from the faults, that might be seen again especially in France. This is also the reason why our attitude might contain, sometimes quit visibly a Francophile tone. The aim, however, is the presentation of genesis and evolution of the VAT in general, the comparison of its initial state with the present situation in France and a try and assess the difference . The methods used here are the analysis and synthesis, historical description and historical and the comparative method were mostly used.
 

Read more Next

Dominik Gajewski

Financial Law Review, Issue 12 (4)/ 2018, 2018, pp. 18-27

https://doi.org/10.4467/22996834FLR.18.018.9999

The article is devoted to instruments used by international holding companies in their tax optimization strategies. Some of the most commonly adopted instruments include: tax sparing credit clauses and advance pricing agreements. They are particularly frequently used by related entities operating on the territory of the European Union. The article presents an analysis of these constructions with particular indication of tax effects that have a significant influence on reduction of tax liabilities of related entities operating in various residences for tax purposes. The author demonstrates how these instruments can be adopted in various ways, which are often extremely different from the legislator's intention.
 

Read more Next

Jiří Kappel

Financial Law Review, Issue 12 (4)/ 2018, 2018, pp. 28-38

https://doi.org/10.4467/22996834FLR.18.019.10000

The Czech Republic is obliged to implement the Anti-Tax Avoidance Directive of 12 July 2016 from l January 2019 on. This article discusses the generał anti-abuse rule adopted in Art. 6 of the Directive and its transposition into the Czech law, proposed alternatives thereof and certain interpretation and application concerns.
 

Read more Next

Savina Mihaylova-Goleminov

Financial Law Review, Issue 12 (4)/ 2018, 2018, pp. 39-50

https://doi.org/10.4467/22996834FLR.18.020.10001

The present article aims to provide an overview of financial law as an independent branch of the legał system of the Republic of Bułgaria from a both historical and functional point of view, in the context of its traditions and current trends, which reflect the financial and legał system of the EU. The EU membership of Bułgaria holds numerous challenges and reąuires the mobilisation of the intellectual and physical potential of all stakeholders involved. Financial law is one of the most dynamie fields of legislation and case-law. The financial legał doctrine addresses the new challenges, building on constitutional, financial and administrative legał traditions and practices in the field of administrative justice in Bułgaria following the Tarnovo Constitution.
 

Read more Next

Sebastian Skuza, Robert Lizak

Financial Law Review, Issue 12 (4)/ 2018, 2018, pp. 51-63

https://doi.org/10.4467/22996834FLR.18.021.10002

The introduction of the so-called holding law into domestic law has been discussed in Poland for some time now. The need to adopt a holding law seems to be unquestionable, however no amendments in this scope have been introduced hitherto. The aim of this article was to discuss mechanisms of corporate governance compliant with Polish law, allowing for improvements in proficiency and effectiveness of audit, internal control and compliance win a capital group. In the Authors' opinion, these issues not only play key role in common achieving of economic aims by capital group mentioned previously, but they are also a part of supranational need of increasing transparency and security of market economy. Also, it seems unquestionable that a de lege ferenda postulate should be submitted concerning introduction of solutions in the scope of the so-called holding law in the law - Code of commercial companies.

Read more Next

Andrea Vuongova

Financial Law Review, Issue 12 (4)/ 2018, 2018, pp. 64-77

https://doi.org/10.4467/22996834FLR.18.022.10003

This article discusses the role of the Financial Administration in the process of returning unjustly used public funds back into the public budget. The introduction will focus on a brief explanation of the institute of the budgetary discipline breach and the activity of the Financial Administration in proceeding of the levy for the breach of budgetary discipline. In the next chapters will be describe the impact of judicial jurisprudence, the strengthening of the grant providers role and the associated practical problems faced by Financial Administration Bodies. The aim of the paper is to look at the position of the Financial Administration Bodies in the process of returning unjustly used public funds back into the public budget, while considering the various aspects that affect this activity.
 

Read more Next