The deregulation of the profession of a tax adviser as violation the interest of the taxpayer Cover Image

Deregulacja zawodu doradcy podatkowego jako naruszenie interesu podatnika
The deregulation of the profession of a tax adviser as violation the interest of the taxpayer

Author(s): Rafał Biernat
Subject(s): Law on Economics
Published by: Łódzkie Towarzystwo Naukowe
Keywords: tax adviser; tax counseling; taxpayer’s interest

Summary/Abstract: Tax advisers are professional attorneys of the taxpayer which into the brave and lawful way have to defend the interest of the taxpayer, appearing in tax proceedings. This profession constitutes the example of the profession of the public confidence which representatives have great experience and knowledge in the interpretation of the tax law. Along with the this year’s amendment of the tax counseling laws about the tax consulting a question whether the deregulation of the profession of a tax adviser doesn’t cause worsening the legal situation of the taxpayer appears (whether isn’t threatening his business). It is worthwhile in addition making analysis of the notion “interest of the taxpayer” which in tax regulations is acting as the general clause. The author is thinking as changes in traineeships, of examination process of candidates for tax advisers will influence the protection in the future “of interest of the taxpayer”. They state, that moving in of the decontrol act is violating the principle of the certainty of the fiscal law as well as a doubt is arousing in taxpayers as for competence of tax advisers which got authorized according to new provisions. According to the author’s facilitating the access to the profession of the public confidence with the detriment of the interest of the taxpayer is acting to the disadvantage of the professional self-government. As the demand de lege ferenda a need of repealing decontrol regulations and conducting new discussion on the parameters of the tax consultancy was recognized in the context of the fuller realization of the interest of the taxpayer.

  • Issue Year: 2014
  • Issue No: 93
  • Page Range: 11-24
  • Page Count: 14
  • Language: Polish