2013EC Tax ReviewRequires access

The Concept of Value in Tax Law and Customs Law

Iure Pontes Vieira

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Abstract

The economic value for tax and customs purposes is probably one of the most important subjects in the modern tax system, where the assessment of most taxes is based on monetary wealth. Despite its importance, different studies have been carried through of a fragmented form (the methods of tax assessment, transfer pricing, customs valuation, market value, . . .) without striking directly the definition of the economic value for tax and customs purposes. Thus, the first main issue examined in this article is built on a concept of value, starting from the recognition of the reasons of the difficulties to establish an unique concept due to the nature of the subject touching philosophical, economical and juridical fields. Therefore, the difficulties have been overcome by the examination of the two elements of economic value (the exchange-value / usevalue) and the market value. The second part is focused on the measurement of the value, based on the concept developed in the first part. Each aspect of evaluation, starting from the survey of the manipulations of value by the individuals, the influence of the time, place, material, motivations of the parts, passing by on the rules and methods of valuation based on contractual logic have been examined.

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What this paper is about

The economic value for tax and customs purposes is probably one of the most important subjects in the modern tax system, where the assessment of most taxes is based on monetary wealth. Despite its importance, different studies have been carried through of a fragmented form (the methods of tax assessment, transfer pricing, customs valuation, market value, . . .) without striking directly the definition of the economic value for tax and customs purposes. Thus, the first main issue examined in this article is built on a concept of value, starting from the recognition of the reasons of the difficulties to establish an unique concept due to the nature of the subject touching philosophical, economical and juridical fields. Therefore, the difficulties have been overcome by the examination of the two elements of economic value (the exchange-value / usevalue) and the market value. The second part is focused on the measurement of the value, based on the concept developed in the first part. Each aspect of evaluation, starting from the survey of the manipulations of value by the individuals, the influence of the time, place, material, motivations of the parts, passing by on the rules and methods of valuation based on contractual logic have been examined.

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Available abstract

The economic value for tax and customs purposes is probably one of the most important subjects in the modern tax system, where the assessment of most taxes is based on monetary wealth. Despite its importance, different studies have been carried through of a fragmented form (the methods of tax assessment, transfer pricing, customs valuation, market value, . . .) without striking directly the definition of the economic value for tax and customs purposes. Thus, the first main issue examined in this article is built on a concept of value, starting from the recognition of the reasons of the difficulties to establish an unique concept due to the nature of the subject touching philosophical, economical and juridical fields. Therefore, the difficulties have been overcome by the examination of the two elements of economic value (the exchange-value / usevalue) and the market value. The second part is focused on the measurement of the value, based on the concept developed in the first part. Each aspect of evaluation, starting from the survey of the manipulations of value by the individuals, the influence of the time, place, material, motivations of the parts, passing by on the rules and methods of valuation based on contractual logic have been examined.

Key concepts: Valuation (finance), Value (mathematics), Market value, Economics, Tax law, Fair market value, Law and economics, Law

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