Time to stop avoiding the tax avoidance issue in Croatia? A proposal based on recent developments in the European Union
The paper takes a tax policy perspective in analysing the approach to tax avoidance in Croatia and expounding its existing shortcomings. It is argued that Croatia is yet to develop a coherent legislative framework suitable for curbing tax avoidance in an equitable, efficient and simple way. One inst...
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Format: | Article |
Language: | English |
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Institute of Public Finance
2014-09-01
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Series: | Financial Theory and Practice |
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http://fintp.ijf.hr/upload/files/ftp/2014/3/gadzo_klemencic.pdf
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author | Stjepan Gadžo Irena Klemenčić |
author_facet | Stjepan Gadžo Irena Klemenčić |
author_sort | Stjepan Gadžo |
collection | DOAJ |
description | The paper takes a tax policy perspective in analysing the approach to tax avoidance in Croatia and expounding its existing shortcomings. It is argued that Croatia is yet to develop a coherent legislative framework suitable for curbing tax avoidance in an equitable, efficient and simple way. One instrument that has hitherto been ignored is the general anti-avoidance rule (GAAR), a keystone of anti-avoidance policies in other countries. The authors propose the introduction of a specific GAAR, based on recent developments in the European Union (EU), in Croatian tax legislation. This proposal is supported by multiple tax policy arguments. Special emphasis is placed on the requirements of legal certainty, a traditional weak spot of the Croatian tax system. The proposal is put in the context of the persistent quest for a sustainable public finance system in times of crisis. |
first_indexed | 2024-04-13T11:16:02Z |
format | Article |
id | doaj.art-d939abcfd96c485286945d73659ef5af |
institution | Directory Open Access Journal |
issn | 1845-9757 |
language | English |
last_indexed | 2024-04-13T11:16:02Z |
publishDate | 2014-09-01 |
publisher | Institute of Public Finance |
record_format | Article |
series | Financial Theory and Practice |
spelling | doaj.art-d939abcfd96c485286945d73659ef5af2022-12-22T02:48:58ZengInstitute of Public FinanceFinancial Theory and Practice1845-97572014-09-0138327730210.3326/fintp.38.3.2766Time to stop avoiding the tax avoidance issue in Croatia? A proposal based on recent developments in the European UnionStjepan Gadžo0Irena Klemenčić1 University of Rijeka, Faculty of Law, Rijeka, Croatia Institute of Public Finance, Zagreb, Croatia The paper takes a tax policy perspective in analysing the approach to tax avoidance in Croatia and expounding its existing shortcomings. It is argued that Croatia is yet to develop a coherent legislative framework suitable for curbing tax avoidance in an equitable, efficient and simple way. One instrument that has hitherto been ignored is the general anti-avoidance rule (GAAR), a keystone of anti-avoidance policies in other countries. The authors propose the introduction of a specific GAAR, based on recent developments in the European Union (EU), in Croatian tax legislation. This proposal is supported by multiple tax policy arguments. Special emphasis is placed on the requirements of legal certainty, a traditional weak spot of the Croatian tax system. The proposal is put in the context of the persistent quest for a sustainable public finance system in times of crisis. http://fintp.ijf.hr/upload/files/ftp/2014/3/gadzo_klemencic.pdf tax avoidance; tax abuse; general anti-avoidance rule; GAAR; EU tax law; wholly artificial arrangements; tax policy |
spellingShingle | Stjepan Gadžo Irena Klemenčić Time to stop avoiding the tax avoidance issue in Croatia? A proposal based on recent developments in the European Union Financial Theory and Practice tax avoidance; tax abuse; general anti-avoidance rule; GAAR; EU tax law; wholly artificial arrangements; tax policy |
title | Time to stop avoiding the tax avoidance issue in Croatia? A proposal based on recent developments in the European Union |
title_full | Time to stop avoiding the tax avoidance issue in Croatia? A proposal based on recent developments in the European Union |
title_fullStr | Time to stop avoiding the tax avoidance issue in Croatia? A proposal based on recent developments in the European Union |
title_full_unstemmed | Time to stop avoiding the tax avoidance issue in Croatia? A proposal based on recent developments in the European Union |
title_short | Time to stop avoiding the tax avoidance issue in Croatia? A proposal based on recent developments in the European Union |
title_sort | time to stop avoiding the tax avoidance issue in croatia a proposal based on recent developments in the european union |
topic | tax avoidance; tax abuse; general anti-avoidance rule; GAAR; EU tax law; wholly artificial arrangements; tax policy |
url |
http://fintp.ijf.hr/upload/files/ftp/2014/3/gadzo_klemencic.pdf
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