The Statute of limitations for taxes

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2018-09-08 22:00:15

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One of the most difficult disputes in the practice of law is a tax, where the most important issue in bringing the subject to administrative responsibility is the Statute of limitations on taxes. The legislation provides a certain period during which the debtor is supposed to recover the payment but it depends on the situation. In some cases the problem can be understood only by an experienced lawyer.the Statute of limitations on taxes

General Statute of limitations for taxes and levies established by the tax legislation in three years. Civil law adheres to the same rules, but in some cases the Statute of limitations for taxes may be extended or reduced. Today there are three types of limitation:

- minimum (2 months for decision on recovery of unpaid amounts);

- short (up to 1 year);

General, the duration of which corresponds to the legal time  (3 years).

For Example, the limitation period for transport tax before 2010 is not prescribed in any legislation, therefore, courts used the General term. On the basis of the amendment, it was established that the tax authorities may make tax penalty only for the 3 preceding years. In other words, if in 2013, you received a notice from the IRS about payment of the transport tax for the years 2012-2009, the receipt for 2009, you can safely send in the bin – nobody has the right to order you to pay the tax for which the Statute of limitations has run out. Statute of limitations on taxesAny coercion will be considered as illegal. If non-payment of taxes for the applicable periods, the tax inspection has the right to go to court. Besides the fact that there is the prospect of much litigation, and even on vacation abroad will not be able to leave. Therefore it is better to solve problems as they arise.

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General Statute of limitations for taxes in effect for taxpayers in all categories. During that time, the liability may occur in the event of any breach or evasion of taxes. But the system only checks the last three years of management, including the current one. In the case of ocenania obstacles on the part of the taxpayer, the time period may be extended. If during the inspection revealed violations, within 1 calendar year, the tax Inspectorate can prosecute the perpetrator. This period is not reduced and will not be extended under any circumstances. If the decision was made, but the tax authorities have not appealed to the court, the taxpayer is not obliged to execute a ruling.the Statute of limitations on transport tax

That is why the Statute of limitations for taxes is so much litigation. The lack of a clear, definite system leads to the fact that taxpayers and the tax Inspectorate are unable to accurately determine the proper time frame for going to court, which negatively affects the state budget. The amount to be written off due to the expiration of the Statute of limitations already has enormous size.

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