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      Ultima ratio Principle in the Criminalization of Tax Evasion

      Teisė
      Vilnius University Press

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          Abstract

          This article evaluates the significance of the principle of ultima ratio for the national process of criminalization. It also assesses the criminalization of tax evasion in the Criminal Code of the Republic of Lithuania using the criminalization criteria established in both national and international legal regulation, case law and criminal law doctrine.

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          Mokesčių slėpimas kaip nusikalstama veika: sisteminė normų analizė ir aktualūs taikymo klausimai

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            Veikos kriminalizavimo kriterijai: teorija ir praktika

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              Tax Avoidance and Tax Evasion: The Indian Case

              ‘Tax avoidance’ and ‘tax evasion’ are terms so frequently referred to in economic and business relationships today that they constitute part of our conversational language and people in general use these terms even without knowing their exact meaning and difference. Whereas tax avoidance implies a situation in which the taxpayer reduces his tax liability by taking advantage of the loop-holes and ambiguities in the legal provisions, in the case of tax evasion, facts are deliberately misinterpreted and the tax liability is understated. Thus, while tax avoidance is perfectly legal and is, at times, referred to as ‘tax planning’, tax evasion is illegal and, therefore, carries with it the risk of penalties and prosecutions under the tax laws. As such, the black economy comprises the sum total of all the various methods of tax evasion but does not include tax avoidance . Accordingly, whereas the consequences of the two phenomena are different for the taxpayers, both reduce the revenue of the Exchequer and consequently need to be checked to the greatest extent possible.
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                Author and article information

                Journal
                Teisė
                LAW
                Vilnius University Press
                2424-6050
                1392-1274
                April 05 2020
                April 05 2020
                : 114
                : 71-84
                Article
                10.15388/Teise.2020.114.4
                121f1ef5-8161-4d2b-83fb-8ca60379c65d
                © 2020

                All content is freely available without charge to users or their institutions. Users are allowed to read, download, copy, distribute, print, search, or link to the full texts of the articles in this journal without asking prior permission of the publisher or the author. Articles published in the journal are distributed under a http://creativecommons.org/licenses/by/4.0/.

                History

                Linguistics & Semiotics,Social & Behavioral Sciences,Law,Mathematics,History,Philosophy

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