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Journal articles

Da Tributação das Mais-Valias

Abstract : This research approaches the topic of "taxation of capital gains", specifically the taxation of capital gains arising from the alienation of shares on the oil and gas industry in Mozambique. The approach to this subject is relevant due to the huge contribution the oil and gas industry has had in the State’s Budget through the tax revenues in the last years, which brings about relief to the needs of public interest and fosters the common good. According to the jus fiscalista Klaus Vogel, capital gain is the income derived from the alienation of an economic good, as long as the alienation is not part of the enterprise's specific attributions frame. And in light of the "ability to pay" principle it is part of the taxable base, therefore, the capital gains from the oil and gas industry are also taxable. However, the economic activity of the shares’ seller, which provides capital gains, can also be taxed. In this context the law imposes that when calculating the Corporate Income Tax’s taxable profit, the capital gains must be stated on the corporation’s revenues, but it is forbidden to consider the tax paid to the Mozambican State as a deductible cost. That is the reason why a potential economic double taxation at national level is discussed, moreover, It is clear that the inclusion of capital gains as previously mentioned, would make the taxable profit increase, resulting in a scenario of neglection of the real income principle and of fiscal justice, as well as a forced financing to the State Budget and non-compliance to good international practices in the exercise of taxation.
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Submitted on : Friday, August 27, 2021 - 12:59:33 PM
Last modification on : Friday, September 3, 2021 - 3:34:14 AM
Long-term archiving on: : Sunday, November 28, 2021 - 6:29:09 PM


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  • HAL Id : hal-03327623, version 1



Latifa Zandamela. Da Tributação das Mais-Valias. Revue juridique de l'Océan Indien, Association « Droit dans l’Océan Indien » (LexOI), 2020, pp.595-628. ⟨hal-03327623⟩



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