Legality in the imposition of taxes: a constitutional look

Authors

  • David Ibaceta Medina Ayudante adjunto de Derecho Público. Universidad de Chile
  • Bárbara Meza Encina

Abstract

The constitutional principles of Tax Law; they already have their recognition in the writings of Adam Smith, from whose work it follows: 1) Equality before Public Charges, this is the proportion that must exist between the taxes and the economic capacities of the taxpayer; 2) Certainty, insofar as taxes must be clear, plain and intelligible; therefore, this principle is related to legality, since a valid and mandatory system must be established for both parties to the legal-tax relationship; 3) The Comfort and Convenience, in the opportunity and mode of payment; and 4) The Economy, which was of paramount importance, since it is evident that taxation will produce effects on production and savings.

Keywords:

Legality, Taxes, Constitutional Law