Problem of Property Taxation Constitutionality
##plugins.themes.bootstrap3.article.main##
Abstract
Until 2002 almost all the laws which regulate taxable income to be transferred to the state budget were enacted. However Lithuanian tax reform was not finalized until now, as state financial institutions have not contributed enough to the problem of property taxation and funding of municipalities. In addition, the political debates on taxation of residential property as well as discussion on the proportion of property tax in the gross taxable income impeded successful implementation of new legislation on property taxation. Even though property taxes could be justified for their fiscal efficiency and positive impact on sustainable urbanisation, it could be alleged that they violate Constitution, especially in respect of inviolability of proprietary rights, equity against the law and the principle of rule of law.
The analysis of contemporary practice of Constitution Court of the Republic of Lithuania and the most outstanding rulings of foreign Constitutional Courts leads to conclude that property taxes as well as other taxes should not be considered as violating constitutional freedoms. The state shall have a right to decide on its particular financial resources and the form thereof. Sole taxation could not be regarded as violating proprietary rights. However tax burden must not strangle a taxpayer compelling him to transfer property which has been used for personal needs or substantially hamper commercial activity. So far as a particular tax leads to such consequences, it could be declared unconstitutional. Furthermore, the principle of equity against the law implies that all taxpayer are to be treated according to non-discriminatory regulations. The interpretation of this principle suggests that all the appraisal of property for taxation purposes should be executed according to the similar rules in respect of all the taxpayers. Moreover, the calculation of the tax should be made on the basis of proportional capacities of all taxpayers to pay it. Therefore, the author suggests that appraisal of real property for taxation purposes should be made considering actual income to be received of this property.
According to the worldwide practice it would be reasonable to grant a right to municipalities to revise property tax base as well as to determine particular tax tariffs not exceeding the minimal and maximal model tariffs to be approved by the Parliament (Seimas). Such an authorisation should not be considered as violating constitutional requirement, according to which the Parliament (Seimas) shall have an exceptional right to prescribe taxes (Part 3 of Art. 127 of Constitution). On the contrary, the municipalities should be acquainted the best with situation in the particular location and be capable to establish the most reasonable property tax tariffs. As a consequence, property taxes would serve not only as the source of financial income of the state, but also as the device for development of region.
The analysis of contemporary practice of Constitution Court of the Republic of Lithuania and the most outstanding rulings of foreign Constitutional Courts leads to conclude that property taxes as well as other taxes should not be considered as violating constitutional freedoms. The state shall have a right to decide on its particular financial resources and the form thereof. Sole taxation could not be regarded as violating proprietary rights. However tax burden must not strangle a taxpayer compelling him to transfer property which has been used for personal needs or substantially hamper commercial activity. So far as a particular tax leads to such consequences, it could be declared unconstitutional. Furthermore, the principle of equity against the law implies that all taxpayer are to be treated according to non-discriminatory regulations. The interpretation of this principle suggests that all the appraisal of property for taxation purposes should be executed according to the similar rules in respect of all the taxpayers. Moreover, the calculation of the tax should be made on the basis of proportional capacities of all taxpayers to pay it. Therefore, the author suggests that appraisal of real property for taxation purposes should be made considering actual income to be received of this property.
According to the worldwide practice it would be reasonable to grant a right to municipalities to revise property tax base as well as to determine particular tax tariffs not exceeding the minimal and maximal model tariffs to be approved by the Parliament (Seimas). Such an authorisation should not be considered as violating constitutional requirement, according to which the Parliament (Seimas) shall have an exceptional right to prescribe taxes (Part 3 of Art. 127 of Constitution). On the contrary, the municipalities should be acquainted the best with situation in the particular location and be capable to establish the most reasonable property tax tariffs. As a consequence, property taxes would serve not only as the source of financial income of the state, but also as the device for development of region.
##plugins.themes.bootstrap3.article.details##
Section
Articles
Authors contributing to Jurisprudence agree to publish their articles under a Creative Commons Attribution-NoDerivatives 4.0 International Public (CC BY-NC-ND) License, allowing third parties to share their work (copy, distribute, transmit) and to adapt it, under the condition that the authors are given credit, and that in the event of reuse or distribution, the terms of this licence are made clear.
Authors retain copyright of their work, with first publication rights granted to the Association for Learning Technology.
Please see Copyright and Licence Agreement for further details.
Authors retain copyright of their work, with first publication rights granted to the Association for Learning Technology.
Please see Copyright and Licence Agreement for further details.
