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443 Uppsatser om The principle of legality - Sida 1 av 30

I strid med lagstiftningens syfte : En analys av det fjärde rekvisitet i skatteflyktslagens 2 § utifrån legalitetsprincipen

Under Swedish tax law; the general clause in the Tax Avoidance Act is a method to prevent tax evasion. The purpose of the general clause is to prevent any tax avoidance procedures that the legislator has not been able to foresee. For the general clause to be applicable, four prerequisites need to be met. This thesis analyses the fourth prerequisite based on The principle of legality. The prerequisite concludes that a determination of the tax base, based on the procedure in question, is in conflict with the purpose of the legislation.

Uttagsbeskattning av en kooperativ förenings försäljning av el till självkostnadspris

The thesis has as purpose to describe and analyse a decision made be the Swedish tax committee in which it was decided that a cooperative economical associations selling price, which was less than the comparable public bonds market price, would be the focus of a withdrawal tax. There are exceptions from a withdrawal tax, that is if the transaction has a business motivation. However the concept, business motivation, is narrowly interpreted both in the preparatory works and in case law, which makes it irrelevant to the situation at hand. A cooperative economical association is a form of association nearest akin to the limited companies. These types of associations have as purpose to increase their owners wealth with the benefit of freedom from personal responsibility.

Principen mot rättsmissbruk inom det svenska mervärdesskatteområdet: är det hållbart?

The VAT Directive (2006/112/EC) does not regulate Member States? opportunities to intervene against tax evasion. The European Court of Justice has clarified the situation in case C-255/02 Halifax. This case establish that the universal principle against the abuse of rights applies to VAT, which means that Member States have the opportunity to redefine transactions not involving a breach of law but nevertheless goes past what the legislature envisaged at the introduction of the provision.A debate has risen as to whether the principle against the abuse of rights is equally ap-plicable in Swedish domestic law on VAT. The administrative court of appeal in Go-thenburg, Case No.

Skatteverkets ställningstagande om kortare avbrott : Rättskällevärdet i förhållande till legalitetspricipen och förutsebarhetens påverkan

Individuals considered as tax residents in Sweden may if they are working abroad for six months alternatively one year be granted a tax exemption concerning the income originating from the work abroad. Short intermissions (kortare avbrott) are permitted without impact on the tax exemption, however this requires that the intermission is not placed in the beginning or in the end and that the stay in Sweden does not exceed 72 days a year. A time limit regarding intermissions in a third country is however not regulated. There-fore the Swedish tax agency (Skatteverket) has published a non binding standpoint which regulates the entire intermission allowed to a maximum of 96 days a year whereof 72 days may be spent in Sweden. The definition is more extensive than earlier and uncer-tainty occurs as to whether the extension contradicts The principle of legality.The purpose of the thesis is to investigate the value of the Swedish tax agency?s stand-point concerning short intermissions.

Why be an Eleatic Stranger?

In the last two decades something called ?the Eleatic Principle? has been quite frequent in philosophical literature. A wide range of philosophers have appealed to this principle when arguing for varioustheses but the principle itself has received comparatively little attention. Especially questions regarding the principle's justificationare often ignored or only mentioned in passing. The aim of this paper is to remedy this situation somewhat by focusing on how it could be justified.In section 2 I give an overview of the various ways in which the principle has been used to clarify just what we are dealing with here.

Slutnurrat för kommunerna? : Räntesnurror ur ett kommunalt perspektiv.

On the 1st of January 2009, a new regulation regarding interest deduction limitations was enforced. The aim was to prevent tax structure with interest deductions in a community of interest. The changes meant that intra-group share transfers, which generates an intra-group loan structure, can lead to borrower losing their right to deduct interest expenses. Except from the main rule two exceptions were also introduced. These eliminates the limitations, and accept the deductibility despite the above conditions.

Demokratins avgränsningsproblem : En kritik av det kosmopolitiska demokratiidealet

The aim of this paper is to examine whether the theory of cosmopolitan democracy provides a satisfactory solution to the boundary problem in democratic theory. I argue that David Held's version of cosmopolitan democracy rests on two incompatibleprinciples: the all-affected principle and the all-inclusive principle. However, the theory does not need to presuppose both these principles; it requires only one of them.Furthermore, I try to show that both of these principles fail to provide an adequate solution to the boundary problem. The all-inclusive principle suggests that all citizens of the world should be included in a global democratic unit. I argue that such an ideal is not desirable since it conflicts with the principle of subsidiarity and withdraws from regional political communities their sovereignty.

Operation Moked : Sexdagarskriget ? Överraskning inom de israeliska luftoperationerna

The research regarding the six day war and the aerial operations named Operation Moked is extensive but there are certain shortcomings in the research that examines both the operation and the principle of surprise.The aim of this paper is to contribute to this research by utilising existing military theories on the principle of surprise in order to identify indicators that are representative of surprise.  These indicators are thereafter used in a study of Operation Moked in order to examine the extent of in which the principle was utilised.The result of this research goes to show that the principle of surprise was utilised in great extent by Israel during Operation Moked..

Omedelbart omhändertagandeenligt 6 § LVU : -en granskning utifrån ett rättssäkerhetsperspektiv

The main purpose of this study was to examine how social workers interpret and legally practice the 6 § LVU (Care of Young Person´s Act) in regards to legal cer-tainty. The papers intention was to investigate and describe the legal scopes limits and deficiencies, linked to practical social work. The study was composed on a legal dogmatic method which implies to examine the law and its elaboration. The investi-gation was based on different court rulings of care of youths according mostly to 6 § LVU. Perusal and interpretation of the rulings have been necessary in order to clarify the issues.

Hedersrelaterat våld : En kritisk diskursanalys av svensk dagspress

The chief aim of this study is to investigate the impact of context on written peer response. A second aim is to explore students? attitudes towards peer response. The investigation has taken place at an upper secondary school in the south-east of Sweden, involving 20 students in grade 2 and 3 in the course Swedish C. The investigation is based on the students? comments on their peers? speech drafts and six qualitative interviews.

Det där är ingen icke-zebra! : epistemisk-deduktiv slutenhet och skepticism

Departing from Fred Dretske?s groundbreaking article, this essay explore the epistemic closure principle: the principle that states that knowledge is closed under known implication. It also explores the relationship to skepticism, various attempts to challenge and defend the principle, as well as developing a new perspective where the skeptical premise is seen as an a priori justified tautology that can be overriden by a posteriori experience. I argue that Dretske?s illuminating example makes it clear that there is an unescapable choice between either rejecting a skeptical premise ? however intuitive it may seem ? or inextricably having to admit a skeptical conclusion. .

Skatterättslig genomsyn : tillämplig eller inte

För att förhindra att skattskyldiga utnyttjar lagstiftningen på ett sätt som lagstiftaren inte avsett används stopp- och speciallagstiftning. Då detta förfarande alltid ligger  steget efter, lagstiftades det om en generalklausul mot skatteflykt.Legalitetsprincipen kommer även till uttryck inom skatterätten, ingen skatt utan lag. Detta upprätthåller rättsäkerheten och leder till att skattskyldiga kan förutse de skatterättsliga konsekvenserna av olika rättshandlingar.Generalklausulen har ansetts vara svår att tillämpa vilket lett till att det genom praxis framkommit principer om genomsyn. Skatteverket verkar vara av den uppfattningen att det finns en skatterättslig genomsynsmetod. Denna metod förbiser de civilrättsligt giltiga avtalen och ser till den ekonomiska innebörden och beskattar förfarandet därefter.

I döda kungars sällskap : Historiebruk och historiemedvetande kopplat till Sverigedemokratisk ungdom på Facebook mellan 2010-2014

The chief aim of this study is to investigate the impact of context on written peer response. A second aim is to explore students? attitudes towards peer response. The investigation has taken place at an upper secondary school in the south-east of Sweden, involving 20 students in grade 2 and 3 in the course Swedish C. The investigation is based on the students? comments on their peers? speech drafts and six qualitative interviews.

"Bra jobbat!" : En undersökning av gymnasieelevers skriftliga kamratrespons

The chief aim of this study is to investigate the impact of context on written peer response. A second aim is to explore students? attitudes towards peer response. The investigation has taken place at an upper secondary school in the south-east of Sweden, involving 20 students in grade 2 and 3 in the course Swedish C. The investigation is based on the students? comments on their peers? speech drafts and six qualitative interviews.

Fri rörlighet för varor på den inre marknaden och principen om ömsesidigt erkännande

The aim of this thesis is to identify some of the obstacles to trade, that occurs on the common market, and to analyse the errors that still occurs in the national authorities application of the principle of mutual recognition. Is the principle of mutual recognition sufficient for the creation of a common market, or is there a need for additional measures to cope with the obstacles to trade that still exists on the common market? The problems related to the incorrect procedures of the national authorities and the fact that undertakings prefer to bring their products in to line with the rules of every single member state must be solved, if the principle of mutual recognition is to become trustworthy. On some areas, harmonisation ought to be chosen above the principle of mutual recognition, but in other cases an increased administrative collaboration, mandatory training for the national authorities or information campaigns intended mainly for undertakings could be the answer. The possibility to help undertakings to sue member states for damages should also be investigated.

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