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Nowadays, CGT. a direct tax imposed 012 capital gains realized over the disposal of certain capital assets,
is pervasive i11 the world. Compared to other incomes {wages, profits. etc.), capital gains are taxed with
many preferences. Ethiopia introduced CGT in 1994. Currently, Ethiopia imposes CGT on gains upon
transfers of specified buildings and company shares. The tax treatment of these capital gains has many
similarities with the international experience
No doubt, appropriate legal and institutional frameworks are vital to effectively administer taxation.
Moreover, state structures (federal or unitary) would affect the nature of the tax laws and institutions. In
federations. division of powers of taxation requires serious attention as it is necessary to consider the
interests of the constituents and of the whole federation. In Ethiopia, the FDRE Constitution allocates
taxation powers as exclusive, concurrent and undesignated. It also authorizes the joint session ofthe two
federal homes to allocate when undesignated source of taxation occurs. Based on the Constituiion. the
federal and regional governments have issued their tax laws and established lax institutions.
Tito ugh the power of taxation over capital gains has not yet been assigned to any level of the government,
the Federal Government and ANRS practically administer CGT in ANRS. In addition to such
constitutional issue, it is admitted that there are legal and practical problems in the actual administration
of CG"/' in Ethiopia. 'l. his research particularly studies the practical and legal problems in the
administration of CGT in RDCA. It also studies the constitutionality ofCGT administration in ANRS. The
study was conducted based on a qualitative research approach by analyzing relevant laws. cases.
documents and data. collected through interviews. Accordingly, the research discloses that there L~· no
constitutional support for the actual administration of CGT in .ANRS. Additionally, the findings reveal
that there are other legal and practical problems affecting the administration of CGT in BDCA. The
problems affect both the revenue of the governments and the CGT payers. Essentially. they arisefrom the
flaws in the Laws regarding computation of taxable gatns and collection of the tax and the lack of
awareness about tire CGT system by the tax authorities, taxpayers and other relevant bodies.
Based on these findings, the research recommends that certain laws should be repealed. It also
recommends tile necessary amendments that should be made to the CGT laws applicable in BDCA. In
addition, it recommends adherence of the tax authorities ro certain provisions of the CGT law. Last but
not least, awareness creation activities to the tax authorities, other responsible bodies and the taxpayers
on how the C( rT system should operate are recommended. |
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