The legal nature of the Slovenian special tax on undeclared income

This paper deals with Slovenian special tax on undeclared income and attempts to determine its legal nature by presenting and analysing the regulation. The author believes that this public levy is actually not a tax since it lacks the financial purpose that each tax should have, according to the jur...

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Main Author: Podlipnik Jernej
Format: Article
Language:English
Published: University of Belgrade, Faculty of Law, Belgrade, Serbia 2018-01-01
Series:Anali Pravnog Fakulteta u Beogradu
Subjects:
Online Access:https://scindeks-clanci.ceon.rs/data/pdf/0003-2565/2018/0003-25651804103P.pdf
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author Podlipnik Jernej
author_facet Podlipnik Jernej
author_sort Podlipnik Jernej
collection DOAJ
description This paper deals with Slovenian special tax on undeclared income and attempts to determine its legal nature by presenting and analysing the regulation. The author believes that this public levy is actually not a tax since it lacks the financial purpose that each tax should have, according to the jurisprudence of the Slovenian Constitutional Court. Since the rate at which the special tax on undeclared income is levied exceeds the tax rates applied on declared income, and therefore the taxpayer's burden is higher, the author claims that the discussed tax is actually a mixture of compensation for the lost tax revenue and a legal sanction, with both deterrent and retributive (punitive) purpose, which is imposed on the taxpayer for not declaring the income.
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language English
publishDate 2018-01-01
publisher University of Belgrade, Faculty of Law, Belgrade, Serbia
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series Anali Pravnog Fakulteta u Beogradu
spelling doaj-art-861cccfb00e54df39fa53c6e90a90f132025-08-20T02:08:31ZengUniversity of Belgrade, Faculty of Law, Belgrade, SerbiaAnali Pravnog Fakulteta u Beogradu0003-25652406-26932018-01-0166410311310.5937/AnaliPFB1804103P0003-25651804103PThe legal nature of the Slovenian special tax on undeclared incomePodlipnik Jernej0Graduate School of Government and European Studies, Slovenia + University of Ljubljana, Faculty of Law, SloveniaThis paper deals with Slovenian special tax on undeclared income and attempts to determine its legal nature by presenting and analysing the regulation. The author believes that this public levy is actually not a tax since it lacks the financial purpose that each tax should have, according to the jurisprudence of the Slovenian Constitutional Court. Since the rate at which the special tax on undeclared income is levied exceeds the tax rates applied on declared income, and therefore the taxpayer's burden is higher, the author claims that the discussed tax is actually a mixture of compensation for the lost tax revenue and a legal sanction, with both deterrent and retributive (punitive) purpose, which is imposed on the taxpayer for not declaring the income.https://scindeks-clanci.ceon.rs/data/pdf/0003-2565/2018/0003-25651804103P.pdftaxundeclared incomeestimationcompensationsanction
spellingShingle Podlipnik Jernej
The legal nature of the Slovenian special tax on undeclared income
Anali Pravnog Fakulteta u Beogradu
tax
undeclared income
estimation
compensation
sanction
title The legal nature of the Slovenian special tax on undeclared income
title_full The legal nature of the Slovenian special tax on undeclared income
title_fullStr The legal nature of the Slovenian special tax on undeclared income
title_full_unstemmed The legal nature of the Slovenian special tax on undeclared income
title_short The legal nature of the Slovenian special tax on undeclared income
title_sort legal nature of the slovenian special tax on undeclared income
topic tax
undeclared income
estimation
compensation
sanction
url https://scindeks-clanci.ceon.rs/data/pdf/0003-2565/2018/0003-25651804103P.pdf
work_keys_str_mv AT podlipnikjernej thelegalnatureoftheslovenianspecialtaxonundeclaredincome
AT podlipnikjernej legalnatureoftheslovenianspecialtaxonundeclaredincome