英文摘要 |
Because of the tax equity and fairness, taxpayer cannot abuse tax plan right to tax avoidance. To defend tax avoidance, Taiwan Congress codified the principle of substantive taxation. United States Congress codified the judicially created economic substance and business purpose doctrines. By the doctrines to fix the mistake of tax laws were literally. Should tax avoidance penalty provision be enacted to defend tax avoidance? Although United States Congress adds economic substance penalty. But a lot of scholars advocate the economic substance penalty should not have been enacted. Because of liability is basic principle of penalty, requirements of clarity of punishment in a rule-of-law nation. And Congress should legislate to correct tax mistakes but not penalty taxpayer. Thus tax avoidance penalty provision should not be enacted. |