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التقاضي الضريبي كضمانة دستورية للمكلف بدفع الضريب

In this study we address in detail a collection of constitutional principles and rights directly to tax affairs i.e. the principles of tax legality , the right of tax equality and tax justice ,the right of prosecution within the valid 2005  constitution of the republic of Iraq the and the comparative constitutions. Despite the difference between them in the level and size of these rights and principles ,they all are guaranteed and maintained by them, yet the Iraqi tax laws came with many violations , penetrations and aggression on those principles and right such as the Iraqi income tax law no.113 for the year 1982 as amended, so we have to call the Iraqi taxation legislator to amend this law in the form that eliminates all these  violations and returns back its constitutional character which it lost for a long period of time.

Taxes are one of important financial policy instruments through which the state endeavors to provide the financial revenues necessary to finance its public expenditures as well as using them in directing the economy in the way targeted by the state for the purpose of achieving the economy and stability.

Although Iraq is one of the most ancient state in the region in issuing tax legislations and law, the role of these legislations and law in financing the state's expenditures and achieving its economic and social goals is limited in view of Iraq.


 

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Publication Date
Fri Dec 01 2017
Journal Name
Journal Of Legal Sciences
حرية التجارة: دراسة دستورية مقارنة

Freedom of trade are determine according to the philosophy of power that put the Constitution, it  has been considered as  individual Freedom, Then freedom evolved towards adopting social doctrine, Which allows the state to intervene for social justice, Then the new concept which is based on a market economy.

According to this concept the state will put the laws to control competition and trade, and it impose appropriate taxes, and have a right to Exercise in economic activity on the basis of equality, as is the case in France, Spain, Russia, Egypt .

The Constitution of Iraq for the year 2005 taking  new concept of free trade indirectly as one of the modern foundations to repair the economy.

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Publication Date
Thu Jun 15 2023
Journal Name
Journal Of Legal Sciences
Litigation in Social Legislation : A Study with Iraqis Legislation

The judicial oversight over the administration’s work and the administration’s right to sue its clients is getting stronger in the face of the financial aspects in countries that refuse to continue the socialist-interventionist approach. These countries resort to the new approach of the state neutrality. This calls for an examination of the aspects of legislation that the Ministry of Labor deals with and its right to litigation and procedures prior to benefits. This is in particular the financial ones for those covered by them.

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Publication Date
Thu Jun 15 2023
Journal Name
Journal Of Legal Sciences
The Effects of Corona Pandemic (Covid 19) on the Exercise of Access to Justice : A Comparative Analytical Study

This study seeks to clarify the adequacy of the current legal texts - procedural and objective - to respond to our situation under Corona and whether it needs to modify or develop treatment for this general exceptional circumstance or to avoid it, and the appropriateness of the idea of force majeure or emergency circumstance or (the idea of foreign reason) to face the consequences or effects of Corona on the rules of litigation and the formation of the court and its jurisdiction and procedural appointments and litigation procedures and appeal and judgment and its implementation in order to maintain and implement the public order that interferes with the mechanisms and measures taken It is intended and has legal and judicial implications

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Publication Date
Thu Dec 31 2020
Journal Name
Journal Of Accounting And Financial Studies ( Jafs )
The efficiency of the tax examiner and its impact on reducing the risk of tax evasion

The research dealt with the effect of the tax examiner's efficiency in detecting tax evasion, as the research problem dealt with tax evasion, especially in Iraq, for many reasons and factors, including those related to tax administration represented in administrative corruption and the complexity of procedures in the tax accounting process and failure to achieve justice in the tax treatment, including the taxpayer himself, as he tries to evade for reasons Related to the level of tax awareness, loss of confidence in the tax administration, and reasons related to the state's inability to manage the services file well and its ability to achieve the set goals, This reflected negatively on the emergence of some of the consequences of

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Publication Date
Wed Oct 07 2020
Journal Name
Journal Of Legal Sciences
International Double Taxation and the Methods Treat

The Phenomena of Double Taxation becomes a problem that all countries suffer from it specially developing countries where the double taxation becomes an obstacle before investments. Thus the world countries attempt to find a solution

or this problem through national and international agreements

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Publication Date
Tue Apr 05 2022
Journal Name
Journal Of Accounting And Financial Studies ( Jafs )
The Impact of Availabilit of Tax Assessor Skils in the Development the Tax Investigation: An applied research in the General Authority for Taxes

The research aims to reveal the availability of skills to develop the tax assessor when carrying out the tax examination process. The study was conducted in the branches of the General Tax Authority in the province of Baghdad (the General Authority for Taxes, Adhamiya branch, the General Authority for Taxes, Rusafa branch, Al-Bayaa branch, New Baghdad tax branch) was approved The descriptive approach to achieve the research objectives represented by answering the following two questions: 1- What are the necessary skills that should be available in the performance of the tax examiner? 2- Are the skills of developing a tax evaluator available? The two researchers used the closed questionnaire as a tool for their research. The quest

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Publication Date
Mon Dec 16 2019
Journal Name
Journal Of Accounting And Financial Studies ( Jafs )
The impact of information technology on tax evasion

The research aims at shedding light on the impact of information technology in reducing tax evasion in the General Authority for Taxation. In order to achieve this, the research relied on the analysis of its variables as a main tool for collecting data and information. The results showed that there is a positive and positive effect of information technology on tax evasion. The impact of information technology on increasing tax revenues and reducing the phenomenon of tax evasion In the performance of the research sample, the research sought to highlight the importance of tax information technology through its data and information to the tax administration for the purpose of completing the process Taxpayers for persons subject to income ta

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Publication Date
Wed Aug 03 2022
Journal Name
Journal Of Accounting And Financial Studies ( Jafs )
The relationship of forensic accounting to detecting tax fraud

Tax fraud is following different methods of tax evasion (bypassing the laws, instructions and regulations related to tax) by not showing the real taxable income by using laws, instructions and regulations improperly, and because of the weak basic role of forensic accounting in detecting and reducing tax fraud, the problem has become more influential on the state general tax income. The main objective of the research is to identify forensic accounting and the extent to how it can be applied in the General Tax Authority to assist forensic authorities in issuing judgments in fraud cases. To achieve the objectives of the research, the descriptive analytical approach was used to reach the topic of the research, and a questionnaire (co

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Publication Date
Sat Sep 30 2023
Journal Name
Journal Of Accounting And Financial Studies ( Jafs )
Tax Justice and its Effect in Tax Compliance

Abstract

                 The research aims to verify the dimensions of tax justice that exist in Iraq, and to determine their impact on tax compliance. Through a revised model of tax justice based on the literature of tax justice according to the classification of the studies of (Saad, 2009), (Wenzel, 2002), by using a questionnaire as an experimental measurement tool designed to be in line with perceptions of tax justice in Iraq. To define the dimensions of tax justice (the independent variable) with eight dimensions (Distributive justice, Exchange justice, Vertical justice, Horizontal justice, Retributive justice,

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Publication Date
Thu Dec 30 2021
Journal Name
Journal Of Legal Sciences
The tax judiciary is a guarantee of economic rights and freedoms in Iraq

The tax legal system, with its rules relating to imposing and assessing the tax and how to collect it, is one of the issues that the taxpayer is keen to follow-up on and caring about, but the aforementioned system is contested by two conflicting interests, the taxpayer’s interest in the view of a money-cutter and a means of always depriving of his wealth to the tax-imposing authority that It seeks to ensure the regular and steady flow of financial resources to the public treasury, which necessitates the presence of a judicial body entrusted with the task of securing a balance between these two conflicting interests from issues that consider themselves strongly in the tax field. It is one of the oldest human rights and public freedoms,

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