Nykiel Włodzimierz (red.), Sęk Małgorzata (red.), Tax Legislation

Monografie
Opublikowano: LEX 2015
Rodzaj:  monografia
Autorzy monografii:

Tax Legislation

Autorzy fragmentu:

Preface

This book is the result of the international conference Tax Legislation: Legal Standards, Trends, Challenges organized in October 2013 to celebrate the 15th anniversary of the Centre of Tax Documentation and Studies of the University of Łódź (Poland). The conference was co-organized by the Centre, the Foundation Centre of Tax Documentation and Studies and Marshal’s Office of the Łódźkie Region, in cooperation with the International Bureau of Fiscal Documentation (IBFD) in Amsterdam, the Polish Branch of International Fiscal Association (IFA) and the Polish National Chamber of Tax Advisers.

The conference was held under the honorary patronage of the Marshal of the Sejm and under the patronage of the President of the National Bank of Poland, the Marshal of the Łódźkie Region and the Łódź Special Economic Zone.

The idea behind the conference and the book is to identify standards, trends and challenges in drafting, enacting and assessing tax legislation and to create a picture of the tax legislation in force in different countries. The contemporary legal research is focused mainly on the existing tax law and its application rather than on the legislative activities and their results (i.e. legislative instruments). Meanwhile, it is the course of the legislative process that directly influences the functioning of the tax system. The quality of tax legislation affects the entirety of tax relations: from the position of taxpayers and their attitude towards taxation to the efficacy of tax administration and the scale of tax litigation. The novelty of this book lies in its focus on the purely legal aspects of the tax law-making process and the evaluation of the resulting legislation against diverse, but rather formal than substantive, quality criteria. Identifying standards and contemporary challenges of tax legislation is a necessary step in a quest for creating better tax legislation, more suited to the needs of taxpayers and tax administration in the modern economy. We hope that this book will contribute to the dissemination of knowledge on good practices and contemporary standards in tax law-making.

We would like to express our gratitude to all authors who contributed to the book, as well as all speakers and attendees who redounded to the success of the conference. The conference could not have been organized without the financial support of the partners (EY, Łódź Special Economic Zone), sponsors (City of Łódź Office, TPA Horwath, Wiedza i Praktyka, Wolters Kluwer) and donors (NAU Broker Ubezpieczeniowy Sp. z o.o., Ryszard Wasiak i dr Kristof Zorde). We are grateful for their generous involvement.

Finally, we thank Wolters Kluwer for publishing the book.

Prof. Dr Włodzimierz Nykiel

Małgorzata Sęk

Autor fragmentu:

PartOne
Identifying Standards, Trends and Challenges of Tax Legislation

Theoretical Perspective

Improving Tax Legislation: Some Theoretical Issues

1.General remarks

If we assume, somewhat simplifying matters, that the legal issues of taxation are focused on two areas, i.e. on law-making and the application of the law, it will be clear for an observer that contemporary legal discourse revolves mainly around the second area.

This applies to the theoretical research on law, in particular regarding the issue of the interpretation of tax law and application activities in the strict sense. By contrast, problems of the process of making tax law and of the results of this process, i.e. statutes and other formal sources of law, are less frequently discussed.

The reason for this is quite obvious. Frequent changes in the tax law make it difficult to get a broader perspective, covering not only application of the law but extending to the process of tax law creation and its current form.

Above all, the practical importance of the judicial decisions of the Court of Justice of the European Union (CJEU) is so significant that the analysis and prediction of...

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