In most cases, taxation aims to serve as a source of government revenue for running a country. Here, the subject of taxation is the ‘ability-to-pay’, such as income, consumption, and properties. Taxation may also be imposed for the purpose of gove...
In most cases, taxation aims to serve as a source of government revenue for running a country. Here, the subject of taxation is the ‘ability-to-pay’, such as income, consumption, and properties. Taxation may also be imposed for the purpose of government policies, such as business cycle policy, encouraging or discouraging economic activity, and redistribution of wealth. In such cases where taxation is imposed for the purpose of certain economic or social policies, can taxation be imposed regardless of the ability-to-pay? The answer is no. The ability-to-pay is the minimum necessary standard of taxation and therefore, taxation in our constitutional system should not be imposed to those without the ability-to-pay. Any taxation, regardless of whether the purpose is in creating government revenues or not, should be based on the ability-to-pay. Imposing taxes for the purpose of regulating or punishing a certain action to taxpayers without the ability-to-pay and thereby placing them at a disadvantage in their ownership or exercise of properties, should not be allowed. Strong needs in taxation policy does not justify the establishment of a tax system that is against the constitution or the principle of taxation. The nature of taxation does not lie in the regulation or punishment of unethical or antisocial actions. Therefore, however fair the purpose of legislation for achieving policy goals may be, the form or contents of tax laws used in the process should not be against the constitutional ideology or the principle of taxation.