Suchergebnisse

The concept of "hidden payout of profit" is characteristic for tax law, but inappropriate for corporate law, although it became deep-rooted in this field by practice. Within the context of corporate law it is not only about the problem of profit payouts, but also about the protection of the so-called tied up assets of a capital company within the so-called principle of capital preservation. The purpose of the corporate legislation is to prevent inadmissible interferences of shareholders or associates in the company's assets. Unlike corporate law, the purpose of tax law is to protect (fiscal) interests of the state, primarily to protect the tax base of the company as an independent and only subject to taxation, therefore the payouts of profit don't have an effect on the amount of the tax base, irrespective of whether the company pays out the profit in an open or hidden way. Hidden payouts of profit - as the open ones - do not reduce the tax base for income. The subject of the discussion are both aspects - the corporate aspect of hidden transfers of assets and the tax aspects of hidden transfers of assets within the law of joint-stock companies and limited liability companies.

The ethical distress of the (post)modern world stimulates and directs us to reflect our ethical and cultural grounds. Man is a transcendent being. He cannot reach or put in order immediate goods he needs if he is not prepared to acknowledge the grounds of his person and develop the virtues of prudence, love, hope, faith, wisdom, justice, courage, temperance etc. These are ethical questions concerning different worldviews and cannot be solved only by scientific methods. Many people who in the past did not care for religion as such, now take seriously religious personal and societal aspects of humane life. The fundamental crucial questions of man are ethical questions. They are in various ways related or perplexed with the question of faith and of science.