The abatement claim system is a system that corrects more than the actual tax amount due to errors. The abatement claim system is a legal system for taxpayers to correct wrong tax returns for their own benefit. This abatement claim system was first i...
The abatement claim system is a system that corrects more than the actual tax amount due to errors. The abatement claim system is a legal system for taxpayers to correct wrong tax returns for their own benefit. This abatement claim system was first introduced in the Local Tax Act in 2010. And the abatement claim system differs from other appeals system of local tax in that taxpayer 's self assessment is required. And the abatement claim is also a special system in that it is self-correction of the tax office. Revised Returns is a taxpayer's disadvantageous change of tax by increasing the conventional tax. On the other hand, the abatement claim of taxpayer is a system that reduces the amount of conventional taxpayers and makes them favorable to them.
The abatement claim system has been contributing to proper taxation and taxpayer rights and interests since its introduction of the Framework Act on Local Taxes. However, there have been various problems after the abatement claim system for the local tax was implemented. There have been several amendments to the law in order to correct and supplement it. Nonetheless, there are lots of unsolved problems that need to be solved. Important improvement plan of the claim system are followed.
In the current the Framework Act on Local Taxes, the filing period of the tax office is so short by the taxpayer 's abatement claim system. In practice, taxpayers often need additional time when they make an abatement claim. In this regard, the current two-month treatment period is too short. Therefore, it is necessary to set the period for supplementing the documents of the relevant taxing authorities to the request for reimbursement as 30 days.
In addition, the Framework Act on Local Taxes does not specify whether re-abatement claims are possible, and the Supreme Court and the Tax Tribunal have different opinions. In my opinion, it is desirable to allow a re-abatement claim within 5 years after the tax return.
Next, in the case of correction by ex officio of the tax office, the starting point of the refund of local taxes is the payment date of the local tax. However, through an abatement claim, the starting point of a refund of local taxes is a disadvantage to taxpayers because it is a date of abatement claim. There is no reason to treat the correction by ex officio and the abatement claim differently in the starting point of refund of local taxes. Therefore, both of them should define the starting point of refund of local taxes as same date of local tax.
The Tax Return after Due Date is a system in which taxpayers can reduce the burden of Additional Taxes for Unfaithful Paymen, and the tax office can save tax collection costs. However, even if a taxpayer has made a Tax Return after Due Date, he/she can not exercise a revised return or an abatement claim because his/her tax liability is not established. Also, the taxpayer 's remedy for tax return after due date is too short. In order to solve such a problem, it is desirable to delete “by the statutory deadline for return under this Act or local tax-related Acts” from Articles 49 and 50 of the Framework Act on Local Taxes.
Next, Article 50 of the Framework Act on Local Taxes stipulates that “in any of the following cases, a person who has filed a tax base return under this Act or local tax-related Acts by the statutory deadline for filing the return may request the head of a local government to determine or correct the tax base and the amount of local tax (where a determination or correction under the Framework Act on Local Taxes Act is made, referring to the tax base, the amount of tax, etc. after such determination or revision is made) first reported or reported after correction within five years (where a determination or correction under the Local Tax Act is made, referring to a period for up to 90 days (limited to a period within five years after the statutory deadline for filing a tax return has expired) from the date he/she learns that such determination or correction is made (when he/she is notified of the determination or correction, the date he/she receives the notification))”. At this time, the “determine” is on the taxation of an imposition and taxation system. However, the local tax can only claim an abatement claim for return and payment, and there is no tax that gives taxation standards and tax return and payment obligations. In this respect, the “determine” part of Article 50 of the Framework Act on Local Taxes should be deleted.
The Supreme Court considers that even if there is a definite ruling in a criminal case, it can not be nullified or canceled contract. Therefore, the Supreme Court considers that there is no reason for an abatement claim by later occurring reason. The Supreme Court has also argued that even if a decision is made on the establishment of security by means of transfer, it is not the cause of the abatement claim by later occurring reason. However, if such a judgment exists, it is desirable to recognize the abatement claim by later occurring reason to the taxpayer. And it is necessary to newly regulate these contents in the law.
An abatement claim should be deemed possible if a land transaction is made within the territory of a permission of land dealing and the acquisition tax is paid, but later the permission of land dealing is canceled by the authority. However, even if payment of the acquisition tax is made, it is necessary to amend the law to allow an abatement claim by later occurring reason if it proves that the contract has been canceled even after 60 days from the acquisition date of the property.
The court does not consider the change of authoritative interpretation of the tax office as the basis of the abatement claim by later occurring reason. However, there is currently no other remedy when a taxpayer trusts the interpretation of the tax office and pays the tax, and when he/she has passed the general period of abatement claim. It is therefore reasonable to consider the change in tax law interpretation of the tax office as the basis of the abatement claim by later occurring reason.
Finally, abatement claims need to be recognized for all specially collective local taxes, including return and payment. Next, even if the obligor of withholding tax does not withhold tax on local income tax and corporation tax, it is desirable to consider it as an abatement claim. If the property tax is not investigated prior to the disposition of the property, the taxpayer shall not be provided with the grounds for imposing the disposition and shall have no opportunity to respond to the tax office. Therefore, in order to guarantee the right of taxpayers of property tax, it is desirable to investigate taxable objects before notice of property tax. And that the taxpayer of the property tax has not submitted a reporting of tax base and that he is able to claim an abatement claim.