Liability of the State for Damages in Tax Administration with a Focus on Security Orders and VAT Deductions
2023
Abstract
In February 2023, the Regional Court in Pilsen submitted a proposal to the Constitutional Court to declare unconstitutional the last sentence of Section 254(1) of Act No. 280/2009 Sb., the Tax Code, as in force from 1 July 2017 to 31 December 2020. This provision stipulated that interest on unauthorised actions of the tax administrator does not arise in the case of financial considerations under divided administration.
This paper analyses the relevant legislation on interest on incorrectly assessed tax under divided administration and seeks to deduce whether its exclusion in the case of financial considerations under divided administration is possible and constitutional.