Obciążenie strony kosztami postępowania przed organami podatkowymi/Load on the costs of the proceedings before the tax authorities

Rafał Bernat ()
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Rafał Bernat: Phd student at the Nicolaus Copernicus University in Toruń

Journal of Finance and Financial Law, 2014, vol. 3, issue 3, 7-19

Abstract: In the tax procedure is the routine free of charge for the taxable person, to whom were given the opportunity to defend his way of interpretation of the tax law before two instances (the tax authorities). If the costs of the proceedings will occur as a result of extraordinary evidence (e.g. visual inspection) to the expenses associated with it, as a rule, shall be borne by the state treasury. The purpose of this article is to provide the necessary expenditure of tax proceedings bear mode by both the state treasury and also exceptionally by a taxable person. The tax authority for the dimension and size of among others steps of evidence on it should have a clear statutory guidance on how the organization the procedural costs. Therefore, the author refers to positive and negative evidence, which allows the taxpayer to pay tax treatment. See also exclusionary situations to incur any expenditure related to the new evidence, the organization tax hearing or participation of experts, translators. The author has suffered by the taxable person to the possibility of a request for reimbursement of costs incurred by him for participation in the proceedings. As a result of the study on this subject matter concepts discussed acute (interminate) such as: 'public interest' or 'important interest taxable person'. As postulate de lege ferenda has been adopted by the legislature need to clarify positive reasons laws enabling the taxpayer to pay tax treatment.

Keywords: costs of proceedings; tax procedure; tax authority (search for similar items in EconPapers)
JEL-codes: K49 (search for similar items in EconPapers)
Date: 2014
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Persistent link: https://EconPapers.repec.org/RePEc:ann:jofafl:v:3:y:2014:i:1:p:7-19

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