Development of Tax Procedural Law and Sectoral Case Law in Selected Countries

The purpose of this paper is to examine the development of the Slovenian Tax Procedure Act and amendments thereto until 2017, in order to broaden the field knowledge on tax procedures within the administrative system as a whole. The Tax Procedure Act provides the general framework of the procedural...

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Main Author: Tjaša Vozel
Format: Article
Language:English
Published: University of Ljubljana Press (Založba Univerze v Ljubljani) 2018-05-01
Series:Central European Public Administration Review
Subjects:
Online Access:https://journals.uni-lj.si/CEPAR/article/view/20484
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author Tjaša Vozel
author_facet Tjaša Vozel
author_sort Tjaša Vozel
collection DOAJ
description The purpose of this paper is to examine the development of the Slovenian Tax Procedure Act and amendments thereto until 2017, in order to broaden the field knowledge on tax procedures within the administrative system as a whole. The Tax Procedure Act provides the general framework of the procedural tax system in Slovenia. The first version of the Tax Procedure Act (ZDavP) was adopted in 1996 and followed by five amending acts until the adoption of the second version (ZDavP-1) in 2004. The third and currently applicable version of the Tax Procedure Act (ZDavP-2) has been subject to over ten amendments so far. Furthermore, the study aims to compare the development of tax procedure in Slovenia and Sweden. Based on the normative and comparative analyses, review of domestic and foreign literature, and case law analysis, the advantages and disadvantages of the development of tax procedure in Slovenia were identified. The amendments analysed contributed mainly to simplifying the tax procedure, reducing red tape, decreasing costs, improving the efficiency of the tax authorities, and providing greater legal certainty for the taxpayers. Most changes to the Tax Procedure Act involved the personal income tax. An empirical study of the case law of the Administrative, Supreme and Constitutional Courts in selected period further showed that errors were mainly detected in relation to substantial violation of procedural requirements rather than incorrect application of substantive law. The study contributes to administrative and legal science and the tax profession as such. The results can be useful when drafting new tax procedural legislation to improve its effectiveness.
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spelling doaj-art-00e9515aed5b4db8965a50fbaea2d5be2025-01-22T10:51:45ZengUniversity of Ljubljana Press (Založba Univerze v Ljubljani)Central European Public Administration Review2591-22402591-22592018-05-0116110.17573/cepar.v16i1.361Development of Tax Procedural Law and Sectoral Case Law in Selected CountriesTjaša Vozel The purpose of this paper is to examine the development of the Slovenian Tax Procedure Act and amendments thereto until 2017, in order to broaden the field knowledge on tax procedures within the administrative system as a whole. The Tax Procedure Act provides the general framework of the procedural tax system in Slovenia. The first version of the Tax Procedure Act (ZDavP) was adopted in 1996 and followed by five amending acts until the adoption of the second version (ZDavP-1) in 2004. The third and currently applicable version of the Tax Procedure Act (ZDavP-2) has been subject to over ten amendments so far. Furthermore, the study aims to compare the development of tax procedure in Slovenia and Sweden. Based on the normative and comparative analyses, review of domestic and foreign literature, and case law analysis, the advantages and disadvantages of the development of tax procedure in Slovenia were identified. The amendments analysed contributed mainly to simplifying the tax procedure, reducing red tape, decreasing costs, improving the efficiency of the tax authorities, and providing greater legal certainty for the taxpayers. Most changes to the Tax Procedure Act involved the personal income tax. An empirical study of the case law of the Administrative, Supreme and Constitutional Courts in selected period further showed that errors were mainly detected in relation to substantial violation of procedural requirements rather than incorrect application of substantive law. The study contributes to administrative and legal science and the tax profession as such. The results can be useful when drafting new tax procedural legislation to improve its effectiveness. https://journals.uni-lj.si/CEPAR/article/view/20484case lawdevelopment of tax procedurelegislative amendmentsSloveniaTax Procedure Act.tax procedural law
spellingShingle Tjaša Vozel
Development of Tax Procedural Law and Sectoral Case Law in Selected Countries
Central European Public Administration Review
case law
development of tax procedure
legislative amendments
Slovenia
Tax Procedure Act.
tax procedural law
title Development of Tax Procedural Law and Sectoral Case Law in Selected Countries
title_full Development of Tax Procedural Law and Sectoral Case Law in Selected Countries
title_fullStr Development of Tax Procedural Law and Sectoral Case Law in Selected Countries
title_full_unstemmed Development of Tax Procedural Law and Sectoral Case Law in Selected Countries
title_short Development of Tax Procedural Law and Sectoral Case Law in Selected Countries
title_sort development of tax procedural law and sectoral case law in selected countries
topic case law
development of tax procedure
legislative amendments
Slovenia
Tax Procedure Act.
tax procedural law
url https://journals.uni-lj.si/CEPAR/article/view/20484
work_keys_str_mv AT tjasavozel developmentoftaxprocedurallawandsectoralcaselawinselectedcountries