Interpretation of tax legislation on the example of debt forgiveness
Journal Title: Економіка. Фінанси. Право - Year 2018, Vol 9, Issue
Abstract
The article is devoted to the investigation of the tax rule-making process as a social phenomenon necessary for the effective existence of the financial system of the state, violation of the rules of such rule-making process, leading to the need to interpret the norms of the tax law and the norms of other branches of law used by it. Depending on the subject of interpretation, it can be of three types: authentic, judicial and doctrinal. Authentic interpretation - an interpretation of the law carried out by the body which adopted it. Such an interpretation is carried out by adopting a new law, which specifies, narrows the norm of the law to be interpreted, giving it a more pronounced meaning. Judicial interpretation is an interpretation by a court. Subjects of doctrinal interpretation are scientists, teachers, experts. As an example of a tax norm that requires interpretation, the application of the term «termination of an obligation for the forgiveness (cancellation) of a debt» in the tax legislation of Ukraine and the corresponding tax consequences of such a procedure are examined. The disagreement in the use of this concept with the notion of «compensation» and «innovation» has been revealed, both in terms of termination of obligations. This disagreement has been discovered both at the linguistic and legal level. In addition, the points of view and arguments for their confirmation of recognition of debt forgiveness as a one-way, and bilateral transaction are investigated. It is concluded that the viewpoints of the one-sided nature of debt forgiveness are more logical, since the creditor owns the right of claim as an element of a binding relationship. Due to the dispositive nature of civil legal relations, the creditor has an initiative to realize this right. Based on this, it is proposed to amend the Tax Code aimed at harmonizing civil and tax legislation.
Authors and Affiliations
Oleksandr Mykolaiovych Yefimov, Serhii Anatoliiovych Yefimov
Keywords
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