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Alternative title:

Constitutional doubts : the preferential 15% tax rate in corporate income tax and the equality principle

Subject and Keywords:

Corporate Income Tax   CIT   tax rate   the preferential 15% tax rate   tax privileges   tax rate schedule   equality principle   exception to the principle of equality

Abstract:

The aim of the article, using legal-dogmatic method, was to investigate the conformity of the 15% preferential tax rate within the corporate income tax to the constitutional principle of equality. The research was conducted on the two premises qualifying the taxpayer to apply the preferential tax rate, i.e. the status of a small taxpayer as well as a taxpayer beginning their activity. Moreover, the research also covered the exclusion from applying the preferential tax rate to the restructured taxpayers. At the beginning the author briefly summarized the achievements of doctrine and judicature on the principle of equality and the criteria justifying the exceptions to this principle. In the author's opinion the 15% preferential tax rate should be treated as an exception to the principle of equality which requires constitutional justification. The results of the research resulted in the conclusion that the criteria of a small tax payer and a taxpayer beginning their activity raise significant constitutional doubts regarding unjustified exceptions to the principle of equality. Surprisingly, constitutional doubts also apply to the exclusion of a preferential tax rate for restructured taxpayers, i.e. unjustified discrimination of a similar group of taxpayers

Publisher:

Uniwersytet Wrocławski. Wydział Prawa, Administracji i Ekonomii

Date issued:

2018

Language:

pol

Relation:

Kwartalnik Prawno-Finansowy, ISSN 2544-8382 ; nr 3/2018, s. 48-64

Is part of:

Kwartalnik Prawno-Finansowy

Is referenced by:

https://kpf.wpae.uni.wroc.pl/

Access rights:

The use of this material is allowed only with accordance of applicable rules of fair use or other exceptions provided by law, and any broader use requires the permission of the authorized entity

License:

Making materials available on the basis of the agreement with the owner of the property copyrights

Rights holder:

Copyright by Uniwersytet Wrocławski