Business Law Deneme Sınavı Sorusu #973163

"The constitutional principle of legality of taxation requires that ...................."

Which of the following most appropriately completes the sentence above?


the essential elements of a tax cannot be provided in an enabling law

some elements like taxpayer and taxable event should not be explicitly included
in a tax law

personal freedom can be restricted except by law when necessary

some tax can be levied except without the authority of a law

any tax with all of its essential elements must have a firm basis in law


Yanıt Açıklaması:

The constitutional principle of legality of taxation requires that any tax with all of its essential elements must have a firm basis in law. That clearly means no tax can be levied except under authority of a law. As fundamental rights and personal freedom cannot be restricted except by law and as any act of the administration, including any administrative act of tax assessment and collection requires a firm basis in law. Also the essential elements of a tax must be provided in an enabling law. Such elements like taxpayer, taxable event, object of taxation, tax base, tax rates, and tax exemptions, which must be explicitly included in a tax law, are called as the basic concepts of taxation.

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