Constitutionality issues within the taxation of salaries in Serbia

This paper deals with the problems which emanate from the lack of respect for the concept of gross salary in the process of drafting tax incentives for employers at the level of salary tax and mandatory social security contributions in Serbia. The author's research shows that such measures are...

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Main Author: Kostić Svetislav V.
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/0003-2565/2018/0003-25651803250K.pdf
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author Kostić Svetislav V.
author_facet Kostić Svetislav V.
author_sort Kostić Svetislav V.
collection DOAJ
description This paper deals with the problems which emanate from the lack of respect for the concept of gross salary in the process of drafting tax incentives for employers at the level of salary tax and mandatory social security contributions in Serbia. The author's research shows that such measures are inspired by the widely shared belief that the high burden imposed on employers by virtue of salary tax and mandatory social security contributions on wages is the primary cause of chronic unemployment, wherein he attempts to argumentatively disprove this 'illusion'. The paper illustrates that the tendency of the Serbian legislator, evidenced more than a decade ago, to provide incentives to employers at the expense of the salary with belongs to the employee, is in conflict not only with the demand for the existence of a unified Serbian legal system, but also infringes several rights expressly guaranteed by the Serbian Constitution (right to property, right to social security, right to just compensation), as well as the provision of Art. 1 of the Protocol No. 1 to the European Convention on Human Rights.
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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-9bd4e4a7e49149b7909203752afd59fb2025-08-20T03:06:40ZengUniversity of Belgrade, Faculty of Law, Belgrade, SerbiaAnali Pravnog Fakulteta u Beogradu0003-25652406-26932018-01-0166325026710.5937/AnaliPFB1803250K0003-25651803250KConstitutionality issues within the taxation of salaries in SerbiaKostić Svetislav V.0Univerzitet u Beogradu, Pravni fakultet, SerbiaThis paper deals with the problems which emanate from the lack of respect for the concept of gross salary in the process of drafting tax incentives for employers at the level of salary tax and mandatory social security contributions in Serbia. The author's research shows that such measures are inspired by the widely shared belief that the high burden imposed on employers by virtue of salary tax and mandatory social security contributions on wages is the primary cause of chronic unemployment, wherein he attempts to argumentatively disprove this 'illusion'. The paper illustrates that the tendency of the Serbian legislator, evidenced more than a decade ago, to provide incentives to employers at the expense of the salary with belongs to the employee, is in conflict not only with the demand for the existence of a unified Serbian legal system, but also infringes several rights expressly guaranteed by the Serbian Constitution (right to property, right to social security, right to just compensation), as well as the provision of Art. 1 of the Protocol No. 1 to the European Convention on Human Rights.https://scindeks-clanci.ceon.rs/data/pdf/0003-2565/2018/0003-25651803250K.pdfsalarysalary taxmandatory social security contributionsfiscal burdenconstitution
spellingShingle Kostić Svetislav V.
Constitutionality issues within the taxation of salaries in Serbia
Anali Pravnog Fakulteta u Beogradu
salary
salary tax
mandatory social security contributions
fiscal burden
constitution
title Constitutionality issues within the taxation of salaries in Serbia
title_full Constitutionality issues within the taxation of salaries in Serbia
title_fullStr Constitutionality issues within the taxation of salaries in Serbia
title_full_unstemmed Constitutionality issues within the taxation of salaries in Serbia
title_short Constitutionality issues within the taxation of salaries in Serbia
title_sort constitutionality issues within the taxation of salaries in serbia
topic salary
salary tax
mandatory social security contributions
fiscal burden
constitution
url https://scindeks-clanci.ceon.rs/data/pdf/0003-2565/2018/0003-25651803250K.pdf
work_keys_str_mv AT kosticsvetislavv constitutionalityissueswithinthetaxationofsalariesinserbia