Ar 100 proc. asmens pajamų apmokestinimas gali būti teisėtas? ; Is it legitimate to impose 100 % personal income tax?
The title of this work is: Is it legitimate to impose 100 % personal income tax? The tackled problem in this work is that as the Government creates new tax policy it also creates some uncertainty in the society because of vagueness of legal limitations to impose maximum tax burden. It creates a lot of discussion in society as people on micro economical level very vulnerable to Government's moves in changing tax policy. The actuality of this problem is that after 2008 global financial crisis the interest in society towards economical issues skyrocketed into unseen level and internet news sites were bombarded by differently economically educated people. Indeed, the changes in tax policy touches almost every person's life and there is proverbial Benjamin Franklin saying that "in this world nothing can be said to be certain, except death and taxes". The stability of tax policy for businesses and investors is of most importance when choosing country to invest and the acts of Government witnesses about its readiness to keep promises by creating long term stable legal business environment. In country, where is "rule of law", one thing to evaluate the Government decision to raise tax level is to question its legitimacy. Every such decision to change tax policy should be grounded in specific needs and situations. The problem is not with individual tax but with general tax level. The finding of maximum level of taxation would give more clarity to state and it's citizen relationship as such kind of vagueness is one of the most powerful "generators" of distrust towards the Government. Thus it is of fundamental importance to answer question: is it legitimate to have 100 % personal income tax? The object of this work – maximum limits of tax burden. The following tasks were set for this works: 1. To reveal the essence of tax duty. 2. To identify assumptions for existence of tax duties. 3. To identify assumptions for impossibility to exist tax duties. 4. To ground the necessity for liberal state to finance itself through tax collection. 5. To do research on historical data of heavy taxation cases. 6. To separate historical events into categories, when there were different barriers to impose maximum taxes. 7. To analyse specific legal acts of Lithuanian Republic, where the law in advance regulates some possible adverse events in the future. 5 The objective of this works is to analyse the legitimacy of unlimited raise of tax burden. As research on this question progressed, a lot of attention was devoted to revealing the essence of tax duty, the grounding of tax duty and the search for maximum tax burden limits and it's legitimacy. The objective was successfully achieved by analyzing the tax law literature, political – legal theories and theoretical and practical aspects of tax burden regulation. The research showed that the imposition of tax burden is inevitable element of society organization forms, in order to exist for such tax burden there is a need for existence both of state property and private property, the impossibility to exist for tax burden can be either in such cases when there is no private property (advocated by social anarchists) or when there is no state property (advocated by liberal anarchists) and modern liberal (modern state operating in market economy) state has both forms of property. The historical analyzes of tax policies showed, that it is common thing to raise tax burden to maximum level when there is some serious political, social, military or other kind of crisis. When there is no such crisis usually the state possibility to raise taxes is limited by famous curve of Lafevre as state cannot directly control the tax paying process and society consider heavy taxes as ungrounded and consequently opposes it. In case of serious crisis in the future the Government of Lithuania Republic can change the laws aposteriori, but already now there are some laws that apriori regulate the behaviour in possible difficult situations in the future. After the research, the conclusion can be made that the hypothesis that it is legitimate for the State to set very high level of taxation, has been confirmed with reservation, that it is applicable to situations, when there is a difficult military, political, social etc. environment.