Tax Law on ExcellentWiki - Legal Encyclopedia

Chinese Tax Law

Mon, 06 Jul 2026 00:00:00 +0000

Sources of Chinese Tax Law

Chinese tax law operates within a civil law tradition shaped by the country’s distinctive constitutional and legislative framework. The Tax Collection and Administration Law (1992, as amended) provides the procedural foundation for tax assessment, collection, enforcement, and dispute resolution. The Legislative Law requires that taxes be established by formal law enacted by the National People’s Congress (NPC) or its Standing Committee, rather than by administrative regulations — a principle known as the “statutory taxation principle” (税收法定原则). The principal substantive statutes include the Enterprise Income Tax Law (2007), the Individual Income Tax Law (2018 revision), and the Provisional Regulations on VAT (now codified into law in 2024). The State Council and the Ministry of Finance, jointly with the State Taxation Administration (STA), issue implementing regulations and departmental rules. Tax treaties follow the OECD Model Convention. Tax disputes are resolved through administrative reconsideration before the STA and judicial review in the People’s Courts. The “Golden Tax” system — a nationwide digital tax administration platform — enables real-time invoice verification and electronic tax filing.

European Union Tax Law

Mon, 06 Jul 2026 00:00:00 +0000

Sources and Limits of EU Tax Competence

The European Union possesses no general competence to legislate in direct taxation. Under the principle of conferral, direct taxation remains within the fiscal sovereignty of the member states. The EU’s role in direct taxation arises indirectly through the fundamental freedoms enshrined in the Treaty on the Functioning of the European Union (TFEU) — the free movement of goods, persons, services, and capital — and through the prohibition of state aid under Article 107 TFEU. National tax measures that discriminate against cross-border activity or restrict the exercise of Treaty freedoms are prohibited unless justified by overriding reasons in the public interest and proportionate. In indirect taxation, the EU possesses direct legislative competence under Articles 110–113 TFEU to harmonise VAT, excise duties, and other turnover taxes. The Court of Justice of the European Union (CJEU) has developed an extensive body of tax jurisprudence, applying the fundamental freedoms to national tax rules and elaborating the justifications for restrictive measures, including the coherence of the tax system (Bachmann, C-204/90), the balanced allocation of taxing rights (Marks & Spencer, C-446/03), and effective fiscal supervision.

French Tax Law

Mon, 06 Jul 2026 00:00:00 +0000

Sources of French Tax Law

French tax law (droit fiscal) is codified in the General Tax Code (Code général des impôts, CGI) and the Book of Tax Procedures (Livre des procédures fiscales, LPF). The constitutional framework includes Article 13 of the Declaration of the Rights of Man and of the Citizen (1789), enshrining the principle of equality before taxation (égalité devant l’impôt) and the requirement that taxation be consented by representatives of the people. The annual Finance Law (Loi de finances) adopts the Budget and amends tax provisions. The Constitutional Council (Conseil constitutionnel) exercises review over tax legislation for conformity with constitutional principles. Tax disputes are adjudicated by the administrative courts (tribunaux administratifs, cours administratives d’appel, Conseil d’État) for direct taxes and the judicial courts (tribunaux judiciaires, cours d’appel, Cour de cassation) for indirect taxes and enforcement matters. The Direction Générale des Finances Publiques (DGFiP) administers tax collection and audits.

German Tax Law

Mon, 06 Jul 2026 00:00:00 +0000

Sources of German Tax Law

German tax law (Steuerrecht) is grounded in the Basic Law (Grundgesetz, GG), which distributes tax legislative powers between the Federation (Bund) and the Länder under Articles 105–108. The procedural cornerstone is the Fiscal Code (Abgabenordnung, AO 1977), governing tax assessment, collection, appeals, and penalties. Substantive tax statutes include the Income Tax Act (Einkommensteuergesetz, EStG), the Corporation Tax Act (Körperschaftsteuergesetz, KStG), the Trade Tax Act (Gewerbesteuergesetz, GewStG), the VAT Act (Umsatzsteuergesetz, UStG), and the Inheritance and Gift Tax Act (Erbschaftsteuer- und Schenkungsteuergesetz, ErbStG). The Federal Ministry of Finance issues administrative decrees (Verwaltungsanweisungen) binding on tax authorities. Tax disputes are adjudicated by the Finance Courts (Finanzgerichte) at the Länder level, with appeals to the Federal Fiscal Court (Bundesfinanzhof, BFH) in Munich.

Russian Tax Law

Mon, 06 Jul 2026 00:00:00 +0000

Sources of Russian Tax Law

Russian tax law is codified in the Tax Code of the Russian Federation (Nalogoviy Kodeks Rossiyskoy Federatsii), comprising Part One (the General Part, adopted 1998) and Part Two (the Special Part, adopted 2000, effective 1 January 2001). The Tax Code establishes the exhaustive list of federal, regional, and local taxes under Articles 13–15, implementing the constitutional principle that no tax may be imposed except by law. Part One contains the general provisions governing the tax system: the definition of taxes (nalogi) and fees (sbori), the rights and obligations of taxpayers, tax control procedures, and tax liability. Part Two sets out the specific rules for each tax, including the object of taxation, the tax base, the rate, the tax period, the calculation method, and the payment procedure. The Federal Tax Service (Federalnaya Nalogovaya Sluzhba, FNS) administers tax law under the Ministry of Finance. Interpretive guidance is issued by the Ministry of Finance and the FNS. Tax disputes are adjudicated by the arbitration courts (arbitrazhnye sudy) and, for individuals, by courts of general jurisdiction, with ultimate review by the Supreme Court of the Russian Federation.

United Kingdom Tax Law

Mon, 06 Jul 2026 00:00:00 +0000

Sources of UK Tax Law

UK tax law derives principally from statute, with no codified constitution constraining legislative sovereignty. The principal statutes include the Income Tax Act 2007 (ITA 2007), the Income Tax (Earnings and Pensions) Act 2003 (ITEPA 2003), the Corporation Tax Act 2009 and 2010 (CTA 2009, CTA 2010), the Taxation of Chargeable Gains Act 1992 (TCGA 1992), the Value Added Tax Act 1994, and the Inheritance Tax Act 1984. Each year, the Finance Act enacts the Budget resolutions, amending existing tax legislation. HM Revenue and Customs (HMRC) publishes guidance in the form of manuals, statements of practice, and extra-statutory concessions, though these do not have the force of law. Tax disputes are adjudicated by the First-tier Tribunal (Tax Chamber), with appeals to the Upper Tribunal and onward to the Court of Appeal and the Supreme Court.

United States Tax Law

Mon, 06 Jul 2026 00:00:00 +0000

Sources of US Tax Law

The primary federal tax statute is the Internal Revenue Code of 1986 (IRC), codified in Title 26 of the United States Code. The IRC is the product of successive legislative enactments, most significantly the Tax Reform Act of 1986 and the Tax Cuts and Jobs Act of 2017 (TCJA). The Treasury Department promulgates interpretive regulations under the authority of § 7805 of the IRC, which carry the force of law. Treasury Regulations are classified as legislative, interpretative, or procedural, with varying levels of judicial deference under the Chevron doctrine. The Internal Revenue Service (IRS) issues Revenue Rulings and Revenue Procedures as administrative guidance, binding on the IRS but not on taxpayers. The US Tax Court, established under Article I of the Constitution, provides a pre-payment forum for taxpayers to challenge deficiency determinations. Federal district courts, the Court of Federal Claims, and the circuit Courts of Appeals adjudicate tax matters, with the Supreme Court exercising certiorari review. In Commissioner v. Glenshaw Glass Co., 348 U.S. 426 (1955), the Supreme Court defined gross income broadly as “accessions to wealth, clearly realized, over which the taxpayer has complete dominion.”