Ma`rifat Eqtesadi

Tax on capital gains is considered as one of the tools of economic regulation. This tax is designed with the aim of directing resources from unproductive sectors to productive sectors of the economy and also reducing the class gap. However, there are many jurisprudential, economic and administrative challenges in its implementation. This research, using an analytical method and citing religious sources, laws, regulations and economic structures, examines the jurisprudential and economic aspects of regulatory tax. In this context, the article seeks to answer two basic questions: First, can the government - assuming the existence of alternative solutions - use taxes as a tool for market regulation? Second, if this approach is accepted, what economic and administrative challenges will it entail? The results show that the lack of attention to the origin of regulatory taxes in the West, the more complete effectiveness of social deprivations instead of financial and profitability restrictions, the conflict of regulatory taxes with some Islamic rules such as the no-harm rule, along with the capacity of the country's existing tax laws to prevent market speculation, the lack of necessary infrastructure, and the risk of turning this tax into a purely revenue tool, are among the main obstacles to the effective implementation of capital gains tax. This research emphasizes the need to create strong jurisprudential and economic foundations as well as the necessary infrastructure for the correct implementation of this type of tax.