The Journal of Modern Research on Administrative Law

The Journal of Modern Research on Administrative Law

The ideal model for the sanction of taxation in light of the principles of good governance

Document Type : Original Article

Authors
1 PhD in Public Law, Islamic Azad University, Tehran, Iran
2 Associate Prof., Department of Public Law,, Islamic Azad University, Tehran, Iran
3 Prof., Pulic Law, Tehran University, Tehran, Iran
Abstract
The model of good governance has emerged in many countries since the early 1990s as a targeted method of governing and managing political and legal affairs. In Iran’s legal system, during the last two decades, some humanity scientists have analyzed and explained the theory of good governance. Accordingly, in this study, considering the importance of taxes as a permanent revenue for the government and a representer for the trust and obedience of citizens to the ruling system, the sanction of taxation has been examined interactively with the theory of good governance. This study seeks to provide an ideal pattern for taxation from a legal perspective accomodating the theory of good governance. In this article, the descriptive-analytical method is used to explain the subjrct in light of tax rules and regulations. The results indicate that the criterions of the mentioned theory have been observed to some extent in Iran’s tax legal system but the three elements of justice, transparency, and accountability have played a more prominent role than others in formulating and presenting the desired tax model. Also, the size, extend and bureaucracy governing the administrative system of the country as a fundamental and general challenge, as well as the conflicting rules or the lack of appropriate and up-to-date rules, Lack of proper understanding of the cultural aspect of paying taxes, etc. have disrupted the proper sanction on taxation system.

Highlights

Optimal model of guaranteeing the implementation of taxation if passed Initially, in the light of the multifaceted and interdisciplinary theory of law, politics and management, governance and its related characteristics were discussed. Based on the mentioned indicators, the three elements of justice, transparency, and accountability have a more prominent role than other indicators in formulating and presenting the desired model of guaranteeing tax executions, considering the creation of attitude and mentality among taxpayers.

In the political and legal structure of Iran, there has always been a mental and practical dependence of the rulers and the people on the way of managing affairs through a single-product economy or earning money with oil money. In recent years, due to the prevailing conditions in the country due to sanctions and the reduction of government oil revenues to manage affairs, The issue of taxes and the provision of government revenues through taxes has become very important  .Therefore, it is necessary with such an approach She paid special attention to the implementation of the provincial tax model with a focus on governance indicators.

In any case, the precondition for applying the desired model of guaranteeing the implementation of taxation is completely dependent on the components of the rule of law or the rule of law government. In fact, the rule of law is a precondition and the main basis for the formation of the rule of law. The mere existence of a good law in the field of taxation, which is even modeled on successful systems in this field It has not had the necessary efficiency and effectiveness, and the law has lost its effectiveness and efficiency after a while, and has become somewhat implicit with the abandonment of the abrogated version. For example, even in the areas of guaranteeing the enforcement of criminal taxes, we have witnessed the incomplete efficiency and ineffectiveness of this type of law in practice.

Observance of the principle of equality and justice in the country's tax system is very important. The law should be the same for everyone and all are equal before the law Due to the lack of a comprehensive database of taxpayers' financial activities and the issuance of numerous directives and different views on individuals and their activities, the principle of equality has been somewhat diminished.

Therefore, in order to establish justice and tax equality, this equality of individuals before the law should be strengthened by creating a database of taxpayers' clothes and also compiling guarantees for the same performances. Because the goal of the state tax in the first step should be the fair distribution of wealth in the country among different segments of the people in the second step, in this way, to provide resources to manage the affairs of the country. But the first step seems to have been missed.

There is also no transparency about government revenue sources and this provides grounds for corruption and, consequently, tax evasion. Therefore, in some circumstances, we can hope to provide and apply the desired model of performance guarantee in the field of taxation To provide financial information to citizens in full transparency, despite legal restrictions; otherwise, financial corruption will lead to managerial corruption and administrative corruption consequently, one cannot expect an answer.

Transparency of tax enforcement guarantees limits ways of circumventing the law and tax evasion in the absence of an efficient enforcement guarantee system, the law is violated and its governance will face serious challenges.

As mentioned, we need administrative and managerial accountability to form a favorable model for guaranteeing tax executions. Accountability is certainly raised by asking questions and challenging the people against the government. But in the absence of clear and logical information, no question arises from the empty mind.

How in this situation can one expect accountability and persuasion of public conscience and public opinion in the field of taxes . In Iran to provide the desired model of taxation, despite the restrictions that exist as an exception and should not be interpreted too broadly to replace the original, one should think about developing a model in practice to provide the background for responding to public opinion.

Accordingly, in order to provide an appropriate model of executive guarantees in the tax system by observing the indicators of governance, the following should be considered:

  1. Accelerate the processing of cases of perpetrators of tax crimes in order to quickly receive the government's fraudulent salaries and in order to increase the impact of tax penalties in the public mind.
  2. Increasing the costs of crime for the offender (offenders of economic factors, the possibility of arrest, conviction and punishment are considered as the cost of

    Keywords

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Volume 3, Issue 9 - Serial Number 9
Third Year, Ninth Issue, Winter 2021
Autumn 2021
Pages 88-110

  • Receive Date 24 December 2021