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SEIZURE AND ECONOMIC CAPACITY

confiscation has historically been conceptualized as a criminal penalty applicable exceptionally serious crimes of a political nature against the assets of state or against humanity, which is embodied in the total ablation heritage the accused, but on what is proper taxes is not punitive in nature, it may be absent, or production of an ablation or direct removal of property or rights, but the economic effect and without compensation appreciable reduction of heritage incidence of taxes, insofar as it involves heavy coercive benefits of giving, almost comparable to that effect unjust confiscation.

In Naveira view of Casanova, in tax matters "confiscation can occur regardless of whether tax law has been designed with a criminal or not, or that has been designed to detract form direct the entire estate of the person or the manifestation of wealth taxed ... No matter the intended purpose of the rule, if fiscal or tax as confiscatory if it occurs, the unjust should be repaired as well. " The same author reports that the ruling of the Supreme Court of Justice of Argentina from 1906, ruling "Faraminas" said that despite the difference between the confiscation of Institute and referred to the effects that might result from tax burden misguided, both must be treated as their results.

confiscatory Such effects could manifest itself in various ways, depending on modo de incidencia del tributo que se trate o del conjunto de todos, pero en general, en materia tributaria, los tributos padecen de esos efectos cuando la capacidad económica para contribuir es excedida por la cuota tributaria o por la presión generada por la acción conjunta de varios tributos. Si, como ha sostenido la jurisprudencia y doctrina españolas, la capacidad es la causa y el límite del deber de contribuir a los gastos públicos , no se puede exigir que pague algún tributo que carezca de riqueza o de medio para producirla, es menester una base mínima de capacidad; pero además, el hecho imponible debe representar en sí mismo una manifestación de riqueza susceptible de soportar el gravamen, como possession of assets, movement of goods, obtaining income or expenditure, and not an act devoid of economic significance. On the other hand, the duty to contribute is limited by the size of that capacity, as not serious and the subsistence livelihood of the individual, nor threatens the very existence of the productive source of wealth. The sacrifice required of each citizen for the support of state and public services must correspond to the actual level of wealth or economic power of each category of taxpayers, according to the kind of taxation.

constitutional order in Venezuela taxpayer's economic capacity is the centerpiece of the fair distribution of public burdens, and the principle of progressivity of the charges and the prohibition of confiscatory effects of taxes are complementary principles of capacity, as escorts for the spine system. While the escalation has the function of adjusting the pressure of taxes to the highest levels of capacity taken up by the rules that describe the facts and bases, so that those who acquire, possess or consume a greater extent, are taxed more, the ban confiscatory effect is an indicator of the threshold of the economic, as opposed to escalation. Arguably confiscatory progressive and are the margins of the river opposite the taxpayer's economic capacity.

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be will be, will it be? INTERVIEW

Opinion piece by Adolfo Oneto
I could

now read the paper 26 in the following news: San Fernando PP again voted against the creation of a municipal commission of inquiry to clarify the robbery at the Cash Hall, an event that has resulted in the disappearance of 7.8 million euros.

As a member of the Platform for Political Accountability, Ya, which I am proud to belong, as I said before I am shocked with the attitude of the candidate for mayor to oppose such a commission of inquiry, that position at least as ordinary citizens is suspicious of me playing to the gallery and of course face the voters to have the May 22 the opportunity to vote the party that pleases you and you feel comfortable in this election MUNICIPAL.

I remind Mr. Loaiza to try to municipal elections, not general.

For general there will be time to put each one in its place, but in my humble opinion Mr. Loaiza, I will say that this spirit is doing a disservice to the island city and a great favor to others, you better than anyone know who they are, as a citizen who does not understand politics, I think that their duty is to work for the Island and the city and offer it goes light on an embezzlement occurred over several years and try not to be forgotten. I remind Mr

Islander candidate more than anyone we want know where those have gone to 7.8 million euros, money that it is like you and the current government is all islanders, with their actions that I understand him to forget such embezzlement, but from these humble lines assure you that the platform will continue its actions, as always peaceful with its banner and has curbs, and has been used many times, claiming the clarification of that government which governs theft.
really
Mr. Loaiza, who fears his political if not involved in the political responsibilities of the theft, should not fear anything, you are giving up an opportunity for citizens who are quoted in polls in the upcoming election distrust the honesty of those who seek to govern over the next four years.

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Journalists are not human beings ... Loco Mía

Las Pelotas is a group that never had a great relationship with the press, and even in this blog and have realized a song dedicated to the media when they had that problem with the law in 1994 .

Here is a note of August 24, 2009 entitled "We never seek success," in which Germain Daffunchio throws a couple of phrases that could decorate this posting and also complete historically this relationship:

(From the Blog ABdT) : "When it appeared the" steamroller Rock "we were the ball bearing cart (...) There is a phrase I once said Sebastian (Schachtel) which is very good: "Journalists are human beings, are journalists." Depends on what you nourish you in life, if you nourish the magazine Caras, People and all that stuff, well. I feed upon other things, not read a fucking magazine, barely watch TV but a part of something that I enjoy. There are many journalists that I have answered with songs, the most famous is the one that says "scratching you climbed back "(" old whore "of all for a powder, 1999). That was to a journalist that if he had found it broke the face of pineapples (...) That was a few years ago when he was more vehement. Under what point you are judging me is the question. What are your parameters, you have glasses to see, what you see? May say that the album sounds like ortho ... but you know what it cost me. It certainly sounds like the sunrise, but I wanted to make music and you know everything I took, the number of days that my peers were not seen their children, his wife. Is that who the hell cares? No one. "

Here we complete lyrics of the song "old whore" and also the certainty that the sentence branded as extraterrestrial journalists have also heard the great film "Almost Famous" , whose image illustrates our blog and probably also talk sometime.

old whore old whore to the highest bidder
cover news magazines,
shined shoes in the station Going
sheetsetrock parties

you climbed back scratching

And if you're with a king Notes
bed cover can get,
A groups spend no money
have to sink without contemplation.

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The Principle of Equality

This principle is one of the most important constitutional, legal and of course in the field of tax law, is embodied in various forms in our National Constitution, as the it comprises various aspects that must be developed in tax matters.

equality in law. Is enshrined in Article 133 of the Constitution, everyone is obliged to pay tribute to contribute to public expenditure. EQUALITY BEFORE THE LAW. Provided for in Article 21 of the Constitution, all are equal before the law, and discrimination will not be accepted under any condition. Also called implicit equality. EQUALITY BY LAW. Equality in tax matters by the law is manifested through the application of principle of Taxable Capacity, for which they should pay more tax those who generate greater wealth and lower taxes who generate less wealth, so that taxes can be applied fairly.

This manifestation of equality is of vital importance in terms of tax benefits, given that certain types of tax benefits are granted in response to reasons State economic policy, to avoid the income tax levied on income derived by persons (natural or legal persons) whose economic capacity is very weak or simply not expressed in the same way as other subjects, so the legislature does provide the benefit intended to treat them differently, with the idea of \u200b\u200bplacing them on an equal footing with respect to other taxpayers.

Equality by Law derives from the application of the principle of justice and is well summarized in that old axiom in the form of law and to treat equally those who are equal and unevenly mixed cases, for there is nothing more unjust to treat all cases alike.

EQUALITY OF PARTIES customs relationship corresponds to the variety of the principle of equality recognize that although the Constitution gives the legislature the power to create the tax Tax, this power is exhausted by the creation of the Tax Law and can not establish rules that allow it after that the relationship between active and passive subject of the legal relationship is not at a level of complete equality. The subject asset is not the holder of the Tax Branch and is therefore only one subject more in tax and legal relationship as the taxpayer must carry on this relationship with greater adherence to standards constitutional and legal provisions governing such relationship.

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PLATFORM Coordinator of the LIE MANUEL DE BERNARDO

San Fernando interview
information to the coordinator of the platform makers and

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... why not us? We returned to the rodeo ... I hope it lasts this time ... Have faith ... The rock we need (?)

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Tax PARAMETERS ESSENTIAL TAX BASE OF ECONOMIC ACTIVITIES

Good morning, and the importance of its contents today share an excerpt from the Judgement of the Supreme Court, Administrative Chamber dated 10/19/2010, the Paper : Hadel MOSTAFA PAOLINI, which reaffirm the essential parameters of THE TAX BASE OF ECONOMIC ACTIVITIES, considering that most companies or taxpayers of this tax (which closed its fiscal year December 31 each year, according to the Municipal Ordinance in force in the municipality) should formalize the "Gross Annual Income Statement" until 31 March 2011, this extract can be complemented with my previous publications, tax-related tax economic activities - http://apuntesdetributo.blogspot.com - "(...)

purpose and notes that it is appropriate to examine the regulation of business tax for industry, commerce, services or similar nature, as stipulated in Articles 209 and 210 (now 210 and 211) of the Organic Law of Municipal Public Power 2006, relating to its tax base and how their quantification, which provides:

"Article 209: The tax base on economic activity consists of the gross income actually received during the tax period corresponding economic activities or transactions complied with in the jurisdiction of the municipality or to be regarded as occurring in that jurisdiction under the criteria provided in this Act or in the arrangements and agreements concluded to that effect.

Article 210 : gross income means all or caudal provent regularly received by the taxpayer or permanent establishment by reason connected with economic activities taxed as long as you are not required to reimburse people who have been received or a third party and are not a result of a loan or other similar contract.

For advertising agencies, managers and real estate brokers, insurance brokers, travel agencies and other taxpayers receiving commissions or other similar remuneration, as gross income means only the amount of fees , commissions or other similar remuneration are received.

Now Tribute taxable event under analysis consists of the lucrative activities within the territory of a municipality. Moreover, according to the rules transcribed the tax base is configured as a general rule for gross income.

Similarly shows that the legislator established the following: 1) the tax period coincides with the calendar year, 2) the tax base will consist of the gross income received during the taxable year, 3) the gross income be comprised of the flow provent or received by the taxpayer on a regular basis, 4) the income will be taxed to the extent they are related to usual activity or economic turnaround by the taxpayer, provided it is not obliged to return them.

The progress of those rules is to let the special law established the essential parameters that must be considered by the bylaws to regulate that tax, thereby contributing to the need for tax harmonization. (Vid., Judgement 01 442 of 8 October 2009, case: Bank Plaza, CA ) (...)".

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Again, like so many times, lies Manuel Bernardo. The platform can not be reactivated because it has not stopped since its formation. Lies because he knows that attends all town meetings since news of the embezzlement, demanding that his misrule Political Responsibility no asume por el Robo de los 7,8 Millones de Euros (1300 millones de las antiguas pesetas). Realizó una concentración de 24 horas en la Iglesia Mayor. Ha llevado a cabo dos manifestaciones para exigir su dimisión y la de su concejala de hacienda. Estuvimos en las barriadas de la Isla explicando todo lo acontecido sobre dicho robo y sus responsables políticos. Estuvimos manifestándonos en algunos actos del bicentenario en los que no hacíamos daño a la efeméride. Hemos llevado a efecto varias caravanas de automóviles por las calles isleñas. Realizamos varias mesas redondas para debatir el robo de los 7,8 Millones de Euros. De todo ello dan fe las videotecas y hemerotecas of all media and is apparent in the http://responsabilidadesya.blogspot.com/ blog platform (now visited by 7,000 citizens) and which continuously inform all citizens island. It can be seen equally in social networks facebook (where we already have about 1,000 friends) and twitter. This does not stand Manuel de Bernardo. But if you intend to provoke or incite the members of the Platform for disqualified or utter any personal attacks and attempting thereby to become a martyr, do not insist it is not going to get. The Platform has respected all what you his surroundings and non-political nature of his position, we can not say no to you or your party PA has pursued and persecuted all members of the Platform including personal and family level as in worst days of the dictator. He's still lying in an attempt to self-imposed attempt to link the platform with the PSOE, grazing and their particular political paranoia. He knows that lying and disrespectful to all components. Know that among us there are people of all ideologies possible within the democratic framework in a personal capacity, including mayoral candidates from different political groups and if noticed for some handling of this platform not only be part of it, but denounce it publicly. What you should do is assume its political responsibility for the embezzlement of 7.8 million Euros (1,300 million pesetas), for the double billing of sewer and disappearance of the working parties on the missing money crane services and licensing for road cutting, the millions squandered on the Sea Museum, the unfortunate Polygon Fadricas II without electrical connections, unfinished works in different neighborhoods of the city, state cleaning of the municipality, and submit your irrevocable resignation from the debris on the mismanagement that has led to the island you Be assured that this platform is not necessary to reactivate it. Makers and, remains and will remain fully active until the day when the citizens with our votes, let him from office. As expected, you have grasped and cling to the office to collect the tickets that remain receivable. of their size and political honesty could not expect anything, but do not hesitate to go down in history as the San Fernando Mayor worst suffered by the city, including the mayors of the dictatorship.

Ismilenavelbastillliving

RESET inconsistencies of the tax unit (UT)

The latest reform of the Tax Code (TOC) other than to reiterate the nature of UT as a homogeneous, indicating that in the case of taxes to be settled on an annual basis, the applicable UT will be in effect for at least 183 continuous days of his term and for taxes to be settled for periods other than annual UT applicable will be in effect for the beginning of the period.

Several problems have led to the introduction of the UT of homogeneous measure for fiscal and social, some of which are: i) The scope of monetary aggregates may be modified through the mechanism for adjusting the UT, Another problem regards (ii) to manipulation at the time entry into force of RESET VALUE UT, which we refer to today.

manipulation is that legal mandate and in deference to their objective nature, the UT must be adjusted each calendar year based on information produced by the Central Bank of Venezuela (BCV), inside the 15 days of February each year. Thus we have for example, the recent Administrative Order No. SNAT/2011/0009, issued by the SENIAT and published in the GO # 39,623 on February 24 UT RESET THE SIXTY-FIVE BOLIVARES (Bs.65, 00) to SEVENTY SIX BOLIVARES (Bs 76.00), which represents an increase of seventeen percent (17%) However, according to the Central Bank inflation of 2010 was COMA TWENTY TWO percent (27.2%), for which the UT must be rejustada 83.00 Bs 76.00 Bs and not obviously underestimated true measure of the UT; It must be noted that in the past these have also been underestimates.

To illustrate, suppose a taxpayer (legal persons domiciled in Venezuela), the exercise coincided with the calendar year. At the end of 2011 the series of Bs 76.00 UT in the declaration of the tax authorities, although in reality the value of this should be 83.00 Bs, this is a disproportion that distorts the words of the sections of the corporate rate (Article 52 LISLR: fare consists of 3 sections, where the first gravel UT enrichments up to 2,000 with 15%, the second with 22% and the last from 3,000 UT 34%) so that if the taxpayer earns Bs 304,000.00 enrichment by dividing the value of Bs 76.00 UT taxed more enrichment with the highest rate of 34%, ie pay 63,840.00 Bs tax instead to apply the value of proper UT (83.00 Bs), taxed less enrichment with the highest rate, ie 61,845.00 pay Bs. This is an excess of tax Bs.1.995.

The underestimate the true extent of the UT, involving a violation of tax law and the guarantee of the right to contribute according to ability to pay. In fact the "(...) an objective and simple application of arithmetic (...)" that signals the TOC in the third paragraph of Article 3 of the UT, the power of government to calculate the value in question is strictly regulated and non-stop margin for implementation. His performance is perfectly targeted and limited.

Now, observe the effect from the point of view of a worker who is entitled to charge for ticket basket (Bono supply) the amount of Bs 16.25 per day, which is the equivalent of applying the 25% of the value of old Buenos 65.00 UT, with the new UT happen to Bs 19.00 per day, which is equivalent to an increase of 17% However, if we use the UT to the worker Bs 83.00 charge for the same concept of Bs 21.00.

In addition, this underestimate harms both workers Cart devegan ticket - that in Venezuela there are many ", and to taxpayers of taxes and contributions, while favoring the offenders pay their fines to a UT underestimated.

IMHO it is advisable to create a duality of value to the UT, A having a value equal to the total adjustment for inflation, ie 83.00 Bs which would be used for payment fines and benets of the social rights of citizens and another to tinkering, such as the recently approved Bs 76.00 for payment of taxes and other contributions.

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Islander Citizenship and Demands.

platform makers and true to its commitment to the island society and to the sad anniversary of the two years of a major embezzlement at a municipal housing in Spain, want to express the following:

After two years of theft Islanders all a staggering 7.8 million euros (one thousand three hundred million pesetas) and without any liability refined political, economic or judicial, it allows a platform to demand umpteenth POLICY RESPONSIBILITIES of those who shamelessly re-submitted as a policy option in the upcoming municipal elections. Endorsement submitted by the Andalusian is so pathetic, show that seems shameful to all citizens as successful when they should be reasons to disappear permanently from the insular politics. Assume their responsibility and that a refund equivalent to the harm they have caused to the public treasury by their terrible control in municipal accounts. That's being a politician responsible, serious and committed to the public. Mr. de Bernardo has experienced two embezzlement in its management, as delegate of Finance and as mayor, again offering andalucismo your choice. Where is the devastating report by the Accounts Chamber of Andalusia?, What is being done with the judicial police investigations?, Why not carried out audit approved by the full?, Why has served the Mr. Muñoz Machado report has cost us 60,000 euros?, what is being done with the new statements by the defendant and one that points directly to council staff San Fernando?, what does the instructor of the chamber of accounts if they had developed a thorough and detailed report of the camera to which it belongs?. The public has a right to know and learn the answers to such questions unresolved. Emboldened

and grown by the unfortunate opposition Mayor allowed to give blows and elbows to those who have brought their political interests over the interests of the city, island turning into a political quagmire indifference, apathy, neglect and inattention. The island's citizens do not deserve this representatives not to assume their political responsibilities, or those flying the flag of change when 3 years have supported the current mayor, or those who live among laurels of victories and triumphs of their surveys as useless.

The platform wants to go one step further so to political and social dynamism of this island society asleep in the sleep of apathy and neglect. Therefore, we will require the entire political spectrum island, the written undertaking not to support a mayor of the Andalusian Party may not use their support to help reach the municipal government, as it would take the refusal to carry out audits and management accounting and therefore the internal theft clarification of the 7.8 million euros (1,300 million pesetas) , which requires citizenship. We have a right to know if among the political claims of each party, it is possible to agree with those who, initially, are POLICY MAKERS of a major embezzlement at a municipal housing in Spain. Do not want to fall back into the error of 9,000 islanders who affixed their signatures to show their displeasure with the real street tram, and then were betrayed by one of the biggest scandals of the island democracy, allowing the pact with the Andalusian and miserably forgetting their main banner in the 2007 election campaign.

In the coming days, platform makers and , will make a round of talks with all parties who offer their political choice in the upcoming municipal elections, to obtain a firm commitment not agree with the Andalusian Party. What we do or fail to do after the election, will be marked on the public record and they themselves decide si quieren convertirse en cadáveres políticos como lo son aquellos que estamparon su firma en el último pacto municipal.

No queremos más engaños ni tretas políticas para alcanzar puestos en el ayuntamiento. Queremos y exigimos saber donde está nuestro dinero. Exigimos saber de la posibilidad de pactos antes de las firmas políticas. Queremos saber qué políticos son capaces de asumir responsabilidades por mala gestión y pésimos controles. Exigimos que no se utilice dinero público para informes de abogados sin valor alguno. Queremos y exigimos coherencia y responsabilidad entre nuestros representantes. Queremos ejercer nuestro derecho ciudadano a exigir coherencia among our politicians.

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CONGRATULATIONS TO ALL.