Nataša Žunić Kovačević

Tax Amnesty as an Instrument of Tax Policy

A comparative overview of tax systems around the world reveals that tax amnesties are gaining popularity in recent times, most probably due to their fiscal impacts. In the Republic of Croatia hitherto there has been no serious discussion, in academic or policy circles, on the need to employ a tax amnesty or a similar programme. Against this backdrop, the paper first aims to lay out the theoretical framework of tax amnesties, within which it is possible to identify the notion of this instrument and examine all of its legal and socio-economic ramifications. The second part of the paper takes on a more specific perspective of the Croatian tax system. It is asserted that neither of the measures used by Croatian policymakers in the past may be encompassed by the wider notion of tax amnesty. Furthermore, it is argued that, in the light of the entirety of its potential effects, future reforms of Croatian tax law should not include a tax amnesty.

Extrajudicial Settlement of Consumers Disputes in Domain of Financial Services – EU and Croatia

A process of integration of Croatian financial market into European financial services market does not only involve implementation of acquis communautaire, but also mechanisms for effective protection of consumers of financial services. Where cross-border disputes arise, resorting to traditional litigation is not always practical, nor cost effective. Alternative methods of dispute resolution, by default are defined as out-of-court dispute resolution processes conducted by a neutral third party, excluding arbitration. So, not only courts but also other dispute mechanisms should be available. Since the field of financial services presents special and technically complex area, a special net called FINNET was created in EU to mediate when a dispute between financial service consumer arises with a cross border provider. Aim of this paper is to recommend the institution that can in a close future be domestic body for dispute settlement in a field of financial services. First part of paper briefly shows a level of achieved integration of EU financial market as well as obstacles to it. A brief view on the alternative dispute settlement models in EU countries follows, with emphasis being added on out of court bodies in domain of financial services. The structure of and basic principles of FIN-NET are explained and solution for Croatia is proposed.

Cross-Border Tax Problems of EU and Third Countries

The cross-border operation of individuals and business brings about the problems of double taxation. Long time ago countries resorted to conclusion of bilateral treaties in the attempt to eliminate these obstacles to movement and trade. Besides unilateral measures, double taxation treaties are an important instrument in todays taxation policy of many countries. In the same time double taxation treaties are also identified as tax obstacles, especially in the area of company taxation in the single market. The EU must consider possible conflicts between the EC Treaty and the bilateral double taxation treaties that Member States have concluded with each other and with third countries. It is a part of EU general strategy and policy of addressing the tax problems. Described situation requires urgent solution and it is possible to find several proposals in this field. Although this proposals can be divided in two main groups – namely, positive and negative integration it is clear that mentioned conflict(s) can not be resolved through negative integration (of direct taxes within the EU by ECJ). But, the double taxation agreements of Member States will continue to be subject to review by the ECJ and there are certain rulings in this area that must be pointed out. The second group of solution is positive integration is consisted of several (possible) activities. Not third, but more intermediate solution is also suggested. Since Amsterdam Treaty introduced and Nice Treaty developed further the possibilities for closer cooperation between sub-groups of “compatible�? member states it is suggested “closer cooperation�? because it might provide a moving forward in the area of direct taxation and cross-border tax problems.