Summons in the light of legal aid between tax administration bodies on the basis of Articles 157 and 157a of the Tax Ordinance Act Cover Image

Wezwania w świetle pomocy prawnej pomiędzy organami administracji podatkowej na gruncie art. 157 i 157a Ordynacji podatkowej
Summons in the light of legal aid between tax administration bodies on the basis of Articles 157 and 157a of the Tax Ordinance Act

Author(s): Ireneusz Nowak
Subject(s): Law, Constitution, Jurisprudence, Public Finances
Published by: Wydawnictwo Uniwersytetu Łódzkiego
Keywords: legal aid; tax proceedings; tax authority; summons; Tax Ordinance Act

Summary/Abstract: The paper addresses the issues of summons in the light of legal aid on the basis of tax proceedings (Articles 157 and 157a of the Tax Ordinance Act, (TO)). The author pointed out that by default all procedural steps in a tax procedure should be taken by monocratic tax bodies that are competent ratione loci, ratione materiae and in terms of instance, from the moment if its initiation to its closing. However, in Articles 157 and 157a TO the legislator regulated deviations from the abovementioned rule when the tax authority conducting the proceedings primarily calls on another tax administration body to perform procedural steps it deems necessary. The Author points out in the publication selected shortcomings of the regulation concerning the institution of summons in the light of legal aid between tax administration bodies and interpretational doubts it carries, together with de lege lata and de lege ferenda postulates, i.a. combining Articles 157 and 157a TO due to the similarity of the subject matter.

  • Issue Year: 2018
  • Issue No: 3
  • Page Range: 43-68
  • Page Count: 26
  • Language: Polish