So that the state can impose taxes on citizens
or to other individuals or entities who are not citizens, but have a
relationship with that country, of course there should be provisions that
govern them. For example in Indonesia, as expressly stated in Article 23
paragraph (2) of the Act of 1945 that all taxes to finance state prescribed by law. To be able to prepare a taxation law, required the basics or
fundamentals that will be used as a base by the state to impose taxes.
There are some principles that can be used by countries as a basis for
determining the power to impose taxes, especially for the imposition of income
tax. The main principle is most often used by the state as a basis for imposing
the tax is: Also called the principle of domicile or residence
basis (domicile / residence principle): This principle is based on the country
will impose a tax on income derived by the individual or entity, when for tax
purposes, the individual is a resident (resident) or domiciled in the country or
when the body which is domiciled in the country concerned. In this regard, it
is not questionable from which income will be taxed originated. That's why for
countries that embrace this principle, the system of taxation of the population
will combine its foundation domicile (residence) with the concept of good
taxation of income earned in the country as well as income earned abroad
(world-wide income concept) .
Basic source: National professing resource base would
impose a tax on income received or accrued individual or entity only when the
income will be taxed was acquired or received by an individual or body
concerned of the resources in the country. In principle, it is not a question
of who and what the status of the person or body who earn the reasons that
underlie imposition tax is to tax arising from or originating from the country.
Example: Foreign workers working in Indonesia then of income earned in
Indonesia will be taxed by the government of Indonesia.
National basis or foundation is also called the
principle of nationality or citizenship (nationality / citizenship principle):
In this principle, which became the basis of taxation is the citizenship status
of persons or entities that generate revenue. Based on this principle, it is
not a question of where the income will be taxed come. As in the domicile
principle, the taxation system based on the principle of citizenship is done by
combining the basic concept of citizenship with the taxation of world wide
income.
There are some basic differences between the basic principle of domicile or
residence and nationality or citizenship on the one hand, with the resource
base on the other. First, on the basis of the two first-mentioned criteria as
the basis of the authority of the state to impose taxes is the status of the
subject to be taxed, ie whether the relevant status as a resident or domiciled
(in principle domicile) or status as citizens (the principle of nationality) .
Here, the origin of which is the taxable income is not so important. Meanwhile,
on the basis of resources, which it rests is the object status, ie whether the
object to be taxed sourced from the country or not. Status of the person or
entity who acquires or receives income not so important. Second, on the basis
of both the first-mentioned, the tax will be levied on income earned anywhere
(world-wide income), while on the resource base, the income may be taxed only
on income, income derived from sources that are in the countries concerned.
Most countries, not only adopt one principle alone, but adopt more than one
basic principle can be combined with the resource base domicile, nationality
principle combined with the resource base, can even combine all three.
Indonesia, the provisions contained in Act No. 7 of 1983 as last amended by Act
No. 10 of 1994, in particular concerning tax and subject to tax, it can be
concluded that Indonesia adheres to the principle of domicile and resource base
at once in the tax system. Indonesia also adheres to the principle of partial
citizenship, which is specialized in regulations regarding tax exemption
subject to an individual.
Japan, for example, for an individual who is a resident (resident individual)
on the basis of domicile, which is based on this principle, a resident of Japan
is obliged to pay income tax on the total earned income, whether earned in
Japan and outside Japan. Meanwhile, for the non-resident (non-resident) of
Japan, and enterprises abroad are obliged to pay income tax on any income
derived from sources in Japan.
Australia, for all state-owned enterprises and private firms based in
Australia, is taxed on all income derived from all sources of income.
Meanwhile, for foreign business entity shall be taxable only on income from
sources in Australia.
Senin, 11 Mei 2015
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