Tax incentives as an element of the real property taxation system: Ukrainian, Polish, and French experience

Анотація

Introduction. The paper examines the legal foundations governing the procedure for granting tax incentives in the taxation of real property in Ukraine and in EU Member States – France and Poland. A thoroughgoing analysis is conducted of the nature of tax incentives as an instrument that ensures a balance between the fiscal interests of the state, social equity, and economic stimulation. The study identifies both shared and distinctive features of the mechanisms for their implementation, as well as the developmental trends of the tax incentive framework in the aforementioned countries. The paper provides a comprehensive overview of the legal nature of tax incentives, their classification, the conditions under which they are granted, and their limits of application in accordance with European standards of tax policy. The paper under discussion makes a compelling case for the enhancement of the tax incentive mechanism in Ukraine. This enhancement, the paper asserts, should take into consideration European experience regarding the risks of improper or abusive use of incentives during periods of fiscal consolidation. The purpose of the paper is to analyse the concept and legal nature of tax incentives in the field of real estate taxation using Ukraine, Poland and France as examples, as well as to formulate proposals for improving Ukraine's national tax policy, taking into account European standards and social justice. Results. Tax incentives in the field of real estate taxation in Ukraine, Poland and France have different legal approaches, but a common goal – to ensure a balance between the fiscal interests of the state and social justice. The Ukrainian approach is characterised by comprehensive regulation of the concept, form, conditions, accounting and control of tax incentives, giving a significant role to local authorities. The Polish approach is more concise and focuses mainly on tax exemptions for clearly defined objects and subjects, which simplifies the practical application of benefits. The French model is characterised by a combination of social, age, property and functional criteria, as well as an automatic mechanism for granting certain benefits. A comparative analysis shows that tax benefits are a universal tool of tax policy, but require clear legal regulation to minimise the risks of abuse and loss of budget revenues, especially in the context of fiscal consolidation. Conclusion. A comparative analysis of the legislation of Ukraine, Poland and France regarding the legal regulation of granting and receiving tax incentives for the taxation of immovable property (real estate) has allowed us to identify the peculiarities of this process in each of the above-mentioned countries, as well as to affirm that tax incentives are an effective and fair tool of the state, as they take into account the social status of the taxpayer, the functional nature of the object of taxation, and serve as a lever for balancing the fiscal interests of the state and citizens. In addition, despite their common goal of reducing the fiscal burden, these countries still differ in terms of the mechanism of regulation and the scope of application.

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