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A critique of the nature of taxes on vows and endowments in the direct tax law with a study of their jurisprudential nature.
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Ali AhmadiBayazi *  |
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Abstract: (21 Views) |
| The Direct Tax Law has stated regulations for the tax on vows and endowments, which are worthy of consideration both from a jurisprudential and legal perspective and from a tax perspective; it has considered vows and endowments as contracts. This is while jurists consider vows as a contract. Article (38) of the Civil Code has considered vows, along with wills, to be the cause of transferring property to heirs, while the estate is transferred solely by inheritance or will. If a vow is fulfilled, then the vower or the other party dies, the said property will no longer be considered a vow so that a special ruling can be issued for it. In addition, the Tax Law has considered the tax on vows and endowments to be of a dual nature, making their benefits subject to income tax and considering the property transferred to heirs by virtue of a vow to be subject to inheritance tax. Regarding endowments, although the tax on profits has been considered subject to income tax - of course, it has not specified the type of income - but the act of endowment itself, which it has briefly considered subject to tax in Article 39, has not stated how it is calculated |
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| Keywords: vow, tax, endowment, oath, Fiqh. |
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Type of Study: Research |
Subject:
Special
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