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2008, iss. 3, pp. 163-178
The protection of the fundamental tax payers' rights in the contemporary world of information technologies
Univeristy of Niš, Faculty of Law, Serbia
Keywords: functioning of tax systems; tax payer's rights; contemporary technologies
Abstract
In the contemporary world, tax systems may not be expected to be fully operative if there is a low degree of a voluntary payment of tax duties. For this reason, tax authorities have been paying more attention to the protection of the fundamental tax payers' rights. The importance of this protection is ever more significant in the circumstances of accelerated communication among states by means of information technologies. In this paper, the author first lays down a general normative framework for exercising and protecting tax payers' rights. These rights are further discussed in the context of the fundamental human rights and freedoms, being their integral part. The author emphasizes that there is a real danger from the violation of the tax payers' fundamental rights both on the national scale and, increasingly, in the international cooperation between tax authorities, which are obliged by some international agreements to exchange tax information. The fast digitalization of the modern society has posed a new challenge to the states to secure an adequate and efficient protection of tax payers' legal position.
References
*** (1989) Explanatory report on the convention on mutual administrative assistance in tax matters. Strasbourg: Council of Europe
*** (2007) Improving access to bank information for tax purposes: The progress report. OECD, str. 8, 14-21
Anđelković, M. (2007) Reformisani poreski postupak u Srbiji - moguće zloupotrebe poreskih ovlašćenja. Pravni život, 11, str. 1024-1026
Barnard, J. (2003) Former tax havens prepared to lift bank secrecy. Bulletin for international fiscal documentation, IBFD, Vol 57, No. 1, str. 10
Oberson, X. (2003) The OECD model agreement on exchange of information: A shift to the applicant state. Bulletin for International Fiscal Documentation, Vol. 57, Number 1
Organization for Economic Cooperation and Development (1990) Taxpayer's Rights and Obligations: A Survey of the Legal Institutions in OECD Countries. Paris, str. 23
Popović, D. (2006) Poresko pravo - opšti deo. Beograd: Cekos in, str. 75-76
Slemrod, J. Taxation and Big brother: Information, personalization and privacy in 21st century tax policy. Fiscal Studies, vol. 27, no. 1, str. 2
Zagaris, B. (2001) Exchange of tax information policies at the millennium: Balancing enforcement with due process and international human rights. aug, www.freedomandprosperity.org/zagaris2.pdf
 

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article language: Serbian
document type: unclassified
published in SCIndeks: 25/01/2009

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