Legal Consequences of Marriage Agreements Separation of Property Against Calculations Income Tax

Siswo Pranoto, Widyawatie Boediningsih
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引用次数: 0

Abstract

This study aims to obtain results on the legal consequences of separation of assets in tax calculations and the principle of fairness for tax calculations in accordance with the provisions of the Director General of Taxes. The research method used is normative juridical by using testing techniques through a statutory approach as well as applicable legal theories, concepts and principles compared to the implementation in the field, especially about the method of calculating the separation of assets in accordance with the regulations of the Director General of Taxes and the calculation should be if in accordance with the marriage agreement for the separation of property. The research provides results if using the calculation method in accordance with tax regulations, the couple is still owed tax and / or greater even though each of them has been deducted from income tax and should be nil. And the principle of legal justice that should be obtained by the taxpayer of separation of property on the mechanism for determining taxable income by tax regulations is not to occur because with the deed of marriage agreement for separation of property made before a Notary which is an authentic deed, it should be from the beginning that from the beginning everything is separate including with his property, but for taxes it is not recognized the deed because the income is combined first.  
婚姻协议的法律后果财产分离不计算所得税
本研究旨在根据税务总局的规定,得出资产分离在税收计算中的法律后果和税收计算的公平原则的结果。本文所采用的研究方法是规范性的、司法的,通过运用检验技术,通过法定的方法以及适用的法律理论、概念和原则进行了比较,在实践领域中,特别是关于财产分割的计算方法是否符合税务总局的规定,以及是否应按照婚姻协议进行财产分割的计算。研究得出的结果是,如果按照税收规定的计算方法,即使夫妻双方都从所得税中扣除,仍然欠税或更多,应该是零。和法律正义原则应该得到纳税人的财产分离机制确定应税收入的税收法规的行为没有发生因为婚姻财产协议分离公证之前这是一个真实的行为,应该从一开始,从一开始一切都是单独与他的财产,包括但不认识到税收行为,因为收入的总和。
本文章由计算机程序翻译,如有差异,请以英文原文为准。
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