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Legal interpretation of tax law: Italy

Authors: GARBARINO, CARLO;

Legal interpretation of tax law: Italy

Abstract

A few definitional concepts are required at the outset about interpretation in the Italian tax system to clearly define the scope of this chapter. The first remark is that the Italian legal culture is permeated by legal positivism, i.e., the idea that the legal system is a complete and consistent set of rules that are posited and organized in a hierarchical structure. As a result, deference is afforded to the ‘letter of law’, particularly that of general statutory norms, with scant attention to case law (this is also due to the fact that Italy is not a common law system).

Country
Italy
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Keywords

INTERPRETATION OF TAX LAW, COMPLEXITY OF TAX LAWS LEGISLATIVE DEFINITIONS, SYSTEMIC INTERPRETATION, ANALOGICAL INTERPRETATION, EXTENSIVE INTERPRETATION, CONFORMING INTERPRETATION, ANTI-AVOIDANCE, SUBSTANCE OVER FORM, ABUSE OF TAX LAWS, OECD COMMENTARY, TAX TREATIES, interpretation of tax law; Complexity of tax laws legislative definitions; systemic interpretation; Analogical interpretation; Extensive interpretation; Conforming interpretation; anti-avoidance; substance over form; abuse of tax laws; OECD Commentary; tax treaties

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selected citations
These citations are derived from selected sources.
This is an alternative to the "Influence" indicator, which also reflects the overall/total impact of an article in the research community at large, based on the underlying citation network (diachronically).
BIP!Citations provided by BIP!
popularity
This indicator reflects the "current" impact/attention (the "hype") of an article in the research community at large, based on the underlying citation network.
BIP!Popularity provided by BIP!
influence
This indicator reflects the overall/total impact of an article in the research community at large, based on the underlying citation network (diachronically).
BIP!Influence provided by BIP!
impulse
This indicator reflects the initial momentum of an article directly after its publication, based on the underlying citation network.
BIP!Impulse provided by BIP!
0
Average
Average
Average
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