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Faktoring samorządowy

100%
Tokarski M.
Roczniki Naukowe Wyższej Szkoły Bankowej w Toruniu
|
2011
|
issue 10
197-208
EN
Local self-governments are reliable business partners. Such belief, confirmed by long-term experience, results in eager collaboration between financial institutions and these entities. Contrary to its name, local self-governments do not constitute the main beneficiaries of the self-government's factoring. The enterprises which perform investments commissioned by a local commune, district or province are the principal recipients. Such firms may utilise it independently if they have signed contracts with the proper authority and conduct sale with deferred payment, or they may be forced to utilise factoring when they submit their bids in self-government's tenders within which a refinance guarantee is required. The main aim of the article is to present the mechanism and features of the self-government's factoring, as well as the benefits which the entities involved enjoy.
2

TRANSFERS OF DEBTS (CESSION), FACTORING OR EXACTION OF DUES? A FEW COMMENTS ON THE TAXATION REGULATIONS APPLYING TO THE TURNOVER OF DEBTS IN THE LIGHT OF THE PROVISIONS OF THE 11 MARCH, 2004 ON THE VAT

100%
Drosik J.
Myśl Ekonomiczna i Prawna
|
2008
|
issue 4(23)
156-168
EN
The aim of the article is to try to carry out a dogmatic analysis of legal and taxation effects of contracts concluded by the participants of the economic turnover of debts in order to determine which of them are subject to VAT and examine the tax level resulting from the conclusion of a contract which is liable for taxation. The work has a signaling character and is based on a dogmatic method. The research material includes regulations of the tax law, legal doctrine, and decisions of administration bodies and administrative courts. The author first of all refers to the directives of the linguistic interpretation and supplements its results with conclusions drawn from the use of individual types of non-linguistic interpretation like the historic one, the systemic one, and last but not least the task-related one. The author worded a thesis, according to which a sale of one's own debt is not subject to VAT, a purchase of somebody's debt in order to sell it is subject to this tax; at the same time it is exempt from taxation which means that the tax obligation resulting from the activity is not going to transform into tax, or in other words, it will not create an obligation to pay tax. If the range of services provided by the debt buyer exceeds the limits of a cession, includes other services like financing an entrepreneur by giving them a loan and making advance payments, or book-keeping of the debt, then it is treated as factoring. On the other hand, a purchase of a debt with the aim to collect it from the debtor is a service of collecting debts. Both services are not exempt from tax and are subject to VAT (22%), and in such a case a commission or another form of remuneration becomes a taxation base.
3

ZMLUVA O FAKTORINGU

75%
Vítěz M.
Právny obzor. Teoretický časopis pre otázky štátu a práva (Juridical Review. Theoretical journal for the questions of state and law)
|
2011
|
vol. 94
|
issue 5
501 – 517
EN
Factoring is a special independent banking business. In economic meaning it is a form of financing of commercial company based on selling short – term mostly unmatured receivables. In legal meaning it is unnamed, atypical contract about selling receivables based on precontract (pactum de contrahendo) and main contract combined with contract of assignment and elements of other contracts. Factoring has a financing function (crediting), service function and function of insuring collection of suppliers receivables (del credere function).Factoring shortens the time limit for collecting of receivables, enables the collection of receivables and thus speeding up commercial company’s money flows.
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