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...

Full description

Bibliographic Details
Main Authors: Stjepan Gadžo, Irena Klemenčić
Format: Article
Language:English
Published: Institute of Public Finance 2014-09-01
Series:Financial Theory and Practice
Subjects:
Online Access: http://fintp.ijf.hr/upload/files/ftp/2014/3/gadzo_klemencic.pdf
_version_ 1811314696899264512
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
work_keys_str_mv AT stjepangad382o timetostopavoidingthetaxavoidanceissueincroatiaaproposalbasedonrecentdevelopmentsintheeuropeanunion
AT irenaklemen269i263 timetostopavoidingthetaxavoidanceissueincroatiaaproposalbasedonrecentdevelopmentsintheeuropeanunion