Citas bibligráficas
Baca, K., Vizcarra, V. (2017). La problemática jurídica en la regulación de la tributación de ganancias ilícitas en la legislación peruana. [Tesis, Universidad Andina del Cusco]. https://hdl.handle.net/20.500.12557/1122
Baca, K., Vizcarra, V. La problemática jurídica en la regulación de la tributación de ganancias ilícitas en la legislación peruana. [Tesis]. : Universidad Andina del Cusco; 2017. https://hdl.handle.net/20.500.12557/1122
@misc{renati/958075,
title = "La problemática jurídica en la regulación de la tributación de ganancias ilícitas en la legislación peruana.",
author = "Vizcarra Meza, Vielka Andrea",
publisher = "Universidad Andina del Cusco",
year = "2017"
}
It is knowledged by everyone that the State support the public spending needs to have economic memories generated by sufficiently broad and sustained activities, based on this need arises the Tributary Power to be able to create taxes and this taxing manifestations of wealth, this manifestation of wealth can be generated in two ways, whether bidding or unlawful, and this is where the problem arises from the present investigation, whether or not to increase patrimonial increases of illicit origin? In this regard both the Constitutional Court and the Tax Court have ruled in favor of the taxation of illicit profits, as evidenced by STC 4382 -2007-PA / TC issued on November 12, 2007, among others. However, are these based on law and are they motivated correctly? Does the taxation of illicit profits have legal support? Is it within the powers of the legislature to tax revenues of this type? Is a Principle of Law affected? How is this figure regulated in other countries? And finally, can a Democratic State of Law such as ours, finance its expenses with resources derived from illicit activities and in turn combat crime? Responding to these questions, we argue that while it is true that the Legally Increased NOT Legally Increased by means of the Presumptive Determination, as an anti-fraud and anti-refraudatory means, the presumptions to collect taxes from one Activity that does not constitute tax, nor tax liability, nor is it consistent with the principles of tax law, nor the other tax rules, especially with art. 1 of the LIR. Because of its application (tax income of illicit origin) ostensibly violates the Principles of Legality and Capacity for Contribution, as well as the right to prove, the principle of non-confiscatory, among others.
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