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The General Tax Law. General Tax Law was applicable from 1 January 2003 On 1 January 2009, a new General Tax Act (GTA) came into force. It was amended.

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Presentation on theme: "The General Tax Law. General Tax Law was applicable from 1 January 2003 On 1 January 2009, a new General Tax Act (GTA) came into force. It was amended."— Presentation transcript:

1 The General Tax Law

2 General Tax Law was applicable from 1 January 2003 On 1 January 2009, a new General Tax Act (GTA) came into force. It was amended in 2012

3 The reason for the new act The reason for introducing the new act was to provide more precise definitions of certain legal concepts in order to improve the application of taxation procedures and thus ensure better protection of taxpayers’ rights. Moreover, thanks to the new act, the Croatian tax legislation complies with the European one, particularly as concerns the administrative cooperation and exchange of information among the EU Member States.

4 General Tax Law The General Tax Law regulates the legal relations of taxpayers and tax authorities that are common to all taxes

5 Parties Taxpayers and the state Taxpayers are all natural and legal persons Not in equal positions – the state makes the rules and taxpayers are in a subordinate position Taxpayers have obligations with respect to the state, but they also have formal and material rights

6 The Tax Authorities Main tasks: - to carry out the taxation procedure - to control its implementation

7 The principles upon which the law is based Lawfulness The application of tax provisions Objectivity Right to appeal The keeping of books and records Evidence Auditing Good faith of all participants of the tax procedure Use of standard language and writing Economic approach

8 Lawfulness Those who are involved in the relationship covered by the tax law are obliged to respect all legal rules

9 The application of tax provisions In the taxation procedure, the tax rules that were in force at the time of the occurrence of the fact on which the taxation is based will be applied.

10 Objectivity During the taxation process, the tax authorities establish the facts objectively and conscientiously, irrespective of whether they tend to be to the benefit or the detriment of the taxpayer.

11 Right to appeal A taxpayer can file complaints against tax instruments.

12 Book-keeping The taxpayer is obliged to keep records in accordance with the current book-keeping regulations.

13 Evidence Both the taxpayer and the tax authority have to prove the facts in the tax procedure.

14 Auditing Auditing is carried out with respect to both small and large taxpayers.

15 Good faith All participants are obliged to behave properly, with good intentions, cooperatively and conscientiously.

16 Economic approach Taxation facts are established according to their economic importance, which means that every acquisition of some income is taxed, irrespective of whether this is a legal or an illegal business.

17 Vocabulary practice 1. Find the appropriate subtitle for each paragraph: The right to be informed Protection of human dignity The right to response Protection of confidentiality of data and privacy

18 The Protection of Human Rights The law also enshrines the protection of human rights such as: ___________________________________: taxpayers have the ability and the right to speak their mind about all the essential facts related to the adoption of any decision (ruling or judgement) before that decision is made. ___________________________________: the taxpayer is bound to give the tax authority the truthful data that are essential in the taxation procedure, and the tax authority is bound to preserve the confidential data in the interest of the taxpayer. In this manner, the privacy of the taxpayer is protected. If the taxpayer renounces in writing the right to the protection of privacy, these data can be announced in public. ___________________________________: in the tax procedure, tax authorities may not threaten the reputation, dignity or honour of the taxpayer. ___________________________________: the tax authority may not use forcible payment methods (by seizure, for example) to take away the source of information for the taxpayer.

19 The law also enshrines the protection of human rights such as: The right to response: taxpayers have the ability and the right to speak their mind about all the essential facts related to the adoption of any decision (ruling or judgement) before that decision is made. Protection of confidentiality of data and privacy: the taxpayer is bound to give the tax authority the truthful data that are essential in the taxation procedure, and the tax authority is bound to preserve the confidential data in the interest of the taxpayer. In this manner, the privacy of the taxpayer is protected. If the taxpayer renounces in writing the right to the protection of privacy, these data can be announced in public. Protection of human dignity: in the tax procedure, tax authorities may not threaten the reputation, dignity or honour of the taxpayer. The right to be informed: the tax authority may not use forcible payment methods (by seizure, for example) to take away the source of information for the taxpayer.

20 Key terms To keep books/records To apply rules/laws To file a complaint (against) To prove the facts in the tax procedure To the benefit of ----------- to the detriment of the taxpayer To be in force

21 Thank you for your attention!


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