620442.pdf

The concept of "hidden payout of profit” is characteristic for tax law, but inappropriate for corporate law, although it became deep-rooted in this field by practice. Within the context of corporate law it is not only about the problem of profit payouts, but also about the protection of the so-...

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Έκδοση: Institute for Local Self-Government and Public Procurement Maribor 2016
id oapen-20.500.12657-31990
record_format dspace
spelling oapen-20.500.12657-319902022-04-26T11:19:41Z Hidden Transfers of Assets and Hidden Payouts of Profit Kobal, Aleš the inhibition of the repayment of investments the prinicipal of capital preservation corporate law tax law hidden payouts of profit bic Book Industry Communication::J Society & social sciences::JP Politics & government::JPH Political structure & processes The concept of "hidden payout of profit” is characteristic for tax law, but inappropriate for corporate law, although it became deep-rooted in this field by practice. Within the context of corporate law it is not only about the problem of profit payouts, but also about the protection of the so-called tied up assets of a capital company within the so-called principle of capital preservation. The purpose of the corporate legislation is to prevent inadmissible interferences of shareholders or associates in the company's assets. Unlike corporate law, the purpose of tax law is to protect (fiscal) interests of the state, primarily to protect the tax base of the company as an independent and only subject to taxation, therefore the payouts of profit don’t have an effect on the amount of the tax base, irrespective of whether the company pays out the profit in an open or hidden way. Hidden payouts of profit - as the open ones - do not reduce the tax base for income. The subject of the discussion are both aspects - the corporate aspect of hidden transfers of assets and the tax aspects of hidden transfers of assets within the law of joint-stock companies and limited liability companies. 2016-11-29 00:00:00 2020-04-01T13:55:56Z 2020-04-01T13:55:56Z 2016 book 620442 OCN: 1030822600 9789616842709 http://library.oapen.org/handle/20.500.12657/31990 slv application/pdf n/a 620442.pdf Institute for Local Self-Government and Public Procurement Maribor 10.4335/978-961-6842-70-9 10.4335/978-961-6842-70-9 cfc0db17-9c85-40be-996a-12c7cc16b807 9789616842709 257 open access
institution OAPEN
collection DSpace
language slv
description The concept of "hidden payout of profit” is characteristic for tax law, but inappropriate for corporate law, although it became deep-rooted in this field by practice. Within the context of corporate law it is not only about the problem of profit payouts, but also about the protection of the so-called tied up assets of a capital company within the so-called principle of capital preservation. The purpose of the corporate legislation is to prevent inadmissible interferences of shareholders or associates in the company's assets. Unlike corporate law, the purpose of tax law is to protect (fiscal) interests of the state, primarily to protect the tax base of the company as an independent and only subject to taxation, therefore the payouts of profit don’t have an effect on the amount of the tax base, irrespective of whether the company pays out the profit in an open or hidden way. Hidden payouts of profit - as the open ones - do not reduce the tax base for income. The subject of the discussion are both aspects - the corporate aspect of hidden transfers of assets and the tax aspects of hidden transfers of assets within the law of joint-stock companies and limited liability companies.
title 620442.pdf
spellingShingle 620442.pdf
title_short 620442.pdf
title_full 620442.pdf
title_fullStr 620442.pdf
title_full_unstemmed 620442.pdf
title_sort 620442.pdf
publisher Institute for Local Self-Government and Public Procurement Maribor
publishDate 2016
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