Bibliographic citations
Vásquez, Y., (2019). Criterios legales aplicados en la valorización del terreno al determinar el impuesto de alcabala e impuesto general a las ventas en la primera venta de inmuebles que efectúan las empresas constructoras [Tesis, Universidad Privada Antenor Orrego - UPAO]. https://hdl.handle.net/20.500.12759/4710
Vásquez, Y., Criterios legales aplicados en la valorización del terreno al determinar el impuesto de alcabala e impuesto general a las ventas en la primera venta de inmuebles que efectúan las empresas constructoras [Tesis]. : Universidad Privada Antenor Orrego - UPAO; 2019. https://hdl.handle.net/20.500.12759/4710
@misc{renati/381830,
title = "Criterios legales aplicados en la valorización del terreno al determinar el impuesto de alcabala e impuesto general a las ventas en la primera venta de inmuebles que efectúan las empresas constructoras",
author = "Vásquez Hoyos, Yanela Rosmery",
publisher = "Universidad Privada Antenor Orrego - UPAO",
year = "2019"
}
This thesis entitled: “Legal criteria applied in the valuation of the land when determining the alcabala tax and general sales tax on the first sale of real estate by the construction companies.“; addresses the problem regarding the lack of homogenization that occurs between the legal criteria used to determine the tax of alcabala and the General Tax on Sales in the first sale of real estate made by construction companies, whether natural or legal persons. In that sense, the formulation of my problem was the following: In what way the lack of homogenization between the general sales tax and the alcabala tax with respect to the legal criteria applied in the valuation of the land in the first sale of real estate What are the construction companies doing, affects the tax collection? The following hypothesis was raised: The lack of homogenization between the general sales tax and the alcabala tax with respect to the legal criteria applied in the valuation of the land in the first sale of real estate made by construction companies, negatively affects the tax collection, because, when calculating the General Sales Tax based on a legal fiction as the value of the land, it generates that the taxpayer pays a lower tax than the one should pay by applying the real value of the land, thus generating a lower tax collection. In addition, the following objectives were set: Describe the General Sales Tax and the Sales Tax, in the doctrinal, regulatory and jurisprudential framework, analyze the legal criteria established in the tax legislation for the determination of the General Sales Tax and Alcabala tax on the first sale of real estate made by construction companies, and propose regulatory changes in the Regulation of the General Sales Tax Law with respect to the value of the land, in order to protect and increase the collection authority of the tax administration. This research has been developed in the conceptual framework, which was divided into three chapters: taxes as economic support of a country, tax administration and the importance of tax collection, and taxes affected in the first sale of real estate made by the builders. Finally, this investigation concluded that the Sales Tax and the General Sales Tax must have homogeneous legal criteria regarding the valuation of the land, based on real values and not legal fictions, because, by homogenizing said criteria on the basis of to real values, a higher tax collection would be achieved, and in addition it would be in accordance with what is established in the principle of contributory capacity. It is necessary to indicate that, the aforementioned was corroborated with the practical cases that were expressed in point number four of chapter three of the conceptual bases.
Items in DSpace are protected by copyright, with all rights reserved, unless otherwise indicated.