The Phenomenon of Tax Evasion: Its Legal Dimensions and Legislative Frameworks
Abstract
Tax evasion is one of the significant issues facing countries worldwide, including both developed and developing nations such as Iraq. To combat this phenomenon, most countries strive to review and amend their tax laws and regulations to ensure the collection of financial revenues necessary to fund public expenditures. The research problem arises from the fact that tax evasion reduces tax revenue, thereby depriving the state of important financial resources through the exploitation of legal and legislative loopholes by taxpayers. The aim of this research is to study the phenomenon of tax evasion, analyze the legal and legislative provisions, and evaluate their effectiveness in mitigating tax evasion. The research adopts a descriptive analytical approach based on available information, statistics, and data related to tax evasion. The study concludes that instances of tax evasion in Iraq have increased, especially after 2003, due to economic, political, and security conditions, as well as the weak qualifications of some employees of the General Tax Authority and frequent amendments to tax laws, which have created a state of legal instability. The study recommends enhancing transparency in the tax system by providing all necessary information to taxpayers, improving tax quality, raising public awareness, and considering the automation of tax processes and linking tax institutions with state agencies and the private sector.
References
R. N. Ahmed, Public Finance Science and Financial Legislation in Iraq, 3rd ed., Beirut, 2018.
A. M. Khalil and S. A. Al-Louzi, Public Finance, 1st ed., Amman, Jordan: Zahran Printing House, 2013.
T. Al-Janabi, Studies in Public Finance, Baghdad: Higher Education Printing House, 1990.
Q. N. Atiya, Tax Law, 1st ed., Cairo: Al-Hidha Publishing House, 2015.
M. Z. A. Amer, Criminal Law: General Part, Beirut: University Publishing House, 1993.
M. W. Badawi, Studies in Public Finance, Cairo: Dar Al-Ma'arif, 1996.
M. M. Younis, Principles of Public Finance, Cairo: Al-Nahda Publishing House, 2004.
H. Al-Jaafari, Principles of Public Finance and Financial Legislation, 3rd ed., Baghdad: Salman Al-Azami Printing House, 1968.
H. S. Al-Omari, Economics of Public Finance and Fiscal Policy, 2nd ed., Baghdad: Higher Education Printing House, 1988.
N. T. Al-Majali, Explanation of the Penal Code, Amman: Dar Al-Thaqafa, 1998.
Z. Y. Hussein, "Effectiveness of Penal Provisions in Combating Tax Evasion Crimes," Legal Journal, University of Baghdad, 2010.
M. H. Qassem, "Tax Crime and the Competent Judiciary," Master’s Thesis in Tax Disputes, Graduate Studies College, An-Najah University, Palestine, 2004.
A. W. A. Razzaq Al-Tahafi, "Economic Crimes in Iraqi Legislation," Police Magazine, no. 28, Iraq, 1985.
A. M. Az, Egyptian Tax Legislation, Cairo: Al-Nahda Publishing House, 1985.
N. Mourad, Tax Evasion and Fraud in Algeria, 1st ed., Algeria: Dar Qurtuba, 2004.
J. T. Mohamed, "The Phenomenon of Income Tax Evasion in Iraq," Baghdad University College of Economics Magazine, no. 48, 2016.
I. Bashour, Public Finance and Financial Legislation, Damascus: Al-Rawda Printing House, 1993.
R. Amoura, Tax and Tax Evasion, Published on the website http://www.tahasoft.com/Library/370 #Uay-Lwglwfpk.
L. Zourk, "Tax Evasion and Its Impact on the Algerian Economy," Master’s Thesis in Economic Sciences, Blida University, Tlemcen, Algeria, 2012.
J. T. Mohamed, Previous Source.
M. Mahfouz, Public Finance Science and Financial Legislation: Comparative Study, 2nd ed., Beirut, 1997.
M. K. Al-Muhaini et al., Principles of Public Finance, Damascus: Al-Dawoodi Printing House, 2000.
K. S. Al-Khatib et al., Principles of Public Finance, Amman: Dar Wael Publishing House, 2005.
M. K. Al-Muhaini et al., Previous Source.
A. F. Khalaf, "The Role of Internal Control Systems in Reducing Tax Evasion," Al-Muthanna Journal of Administrative and Economic Sciences, vol. 8, no. 3, 2018.
S. A. Kshkook, "Tax Evasion and Its Impact on Development in Iraq," Journal of Accounting and Financial Studies, vol. 5, no. 4, 2013.
R. Daragi, "Analysis of Economic, Legislative, and Administrative Factors of Tax Evasion," Journal of Tax Studies, vol. 8, no. 1, 2019.
Y. M. Al-Samarrai and Z. K. Al-Aidi, "Analysis of the Tax Evasion Phenomenon and Its Treatment Methods in the Tax System in Iraq," Al-Anbar University Journal of Economic and Administrative Sciences, vol. 4, no. 9, University of Baghdad, College of Administration and Economics, 2012.
Y. M. Al-Samarrai and Z. K. Al-Aidi, Previous Source.
