Examinando por Materia "Persona natural"

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    Ítem
    Desestimación de la personalidad jurídica en Colombia y Estados Unidos : estudio de marco legal y precedentes jurisprudenciales
    (Universidad EAFIT, 2023) Solórzano Isaza, Agustín; Restrepo Botero, Laura; Álvarez Zuluaga, Alejandro
    This thesis studies the establishment of companies in Colombia, emphasizing how this legal action separates the shareholders' assets from those of the business entity. However, it points out that shareholders sometimes use these structures for fraudulent purposes. In response to this issue, the concept of "piercing the corporate veil" is introduced, allowing courts to question this separation in cases of abuse. Although this legal concept exists, the text argues that its application is restrictive in Colombia and the United States due to its potential impact on the theory of limited liability, a fundamental concept that promotes investment and the economic system by reducing personal financial risk in business activities. Ultimately, striking a balance between protecting shareholders and preventing abuse and fraud poses a dilemma for judges. It is highlighted that courts are cautious when applying veil piercing and reserve it for cases with clear evidence of abuse or fraud. This ensures that most companies can operate with the confidence that shareholders will not be personally responsible for debts and obligations, which, in turn, promotes investment and economic growth. In summary, the disregard of the corporate veil is an important tool but is used sparingly in these jurisdictions to balance the interests of shareholders, the prevention of abuse, and the maintenance of a business-friendly environment for investment and entrepreneurship.
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    La seguridad jurídica en el impuesto de renta en Colombia : periodo 2014 a 2020 : el caso de las personas naturales residentes
    (Universidad EAFIT, 2021) Velásquez Vélez, Victoria Stephanie; Montoya Brand, Mario Alberto
    Legal certainty is a fundamental principle and value of the rule of law. In Colombia it is important because it is a Constitutional and supranational principle, it generates stability, certainty and optimism in the internal order to comply with its regulations. In this paper, the income tax of a natural person residing in Colombia is analyzed, that is, a direct, mutable and optimal tax for tax collection, which directly affects the finances of people residing in Colombia. The period between the years 2014 to 2020 was selected, not only because of its relevance, but also because of the high number of tax reforms materialized in the laws 1739 of the year 2014, 1819 of the year 2016, 1943 of the year 2018 and 2010 of the year 2019. which would allow a better image of security or legal insecurity to be achieved. In order to achieve greater investigative rigor about the security or legal insecurity present in this set of reforms, the dogmatic methodology was used through which the laws of the four tax reforms were systematically analyzed. In particular, for each law the applicable content for a natural person was identified, the descriptive type and its respective scope were compared. Then, through Humberto Ávila's legal security assessment methodology, the degree of legal security was obtained in the income tax period 2014 to 2020 for a natural person residing in Colombia, for this the three indicators were taken (Cognizability, Calculability and Reliability) and each indicator was divided into four sub-parameters as follows: Cognizability (normative accessibility, normative scope, intellectual understanding of the rules, material understanding of the rules), Calculability (Lex stricta, Lex previa, Transition between tax reforms, firmness) and Reliability (Permanence, determined time, non-retroactivity of the law, effectiveness). The assessment of each indicator was obtained from the sum of the result of the assessment of their respective sub-parameters. The assessment of each subparameter was achieved through qualitative and quantitative qualification. Thus, this research concluded that the assessment of legal security in the natural person income tax in the country, resulted in legal uncertainty between the years 2014 to 2020, therefore, direct and indirect effects were generated against the taxpayers. The permanent mutation threatens the legal security expected by natural persons, a situation that violates the taxpayer's right with respect to legal security, due process, stability and simplicity of the tax system.