Abstract
The Tax Code, in connection with individual tax laws, identifies trusts as tax entities and also determines that trustees have the same rights and obligations as trusts. The trustee therefore performs all the procedural obligations of a trust towards the tax authorities, which may be comparable to those of a tax entity which is a legal person, in a situation where the trust is established and continues, but not in situation where it is dissolved.
The current tax legislation does not provide for any specific procedure to be followed before the tax authorities in the event of the dissolution of the trust, deadlines for filing the last tax return and payment of any tax or rules for the transfer of tax liability upon the dissolution of the trust. The specific tax liabilities related to the dissolution of trusts must therefore be reached by interpretation, and a unified interpretation is crucial both for the legal certainty of trusts as tax entities, their trustees and for the tax authorities.
Therefore, this article aims to assess the existing tax legislation relating to the dissolution of trusts and the possibility of determining the specific form of the trustee's obligation to file a tax return upon the dissolution of the trust, using a qualitative method including analysis, linguistic and logical interpretation of the relevant legal norms. As a result of the fundamental differences between the concept of trusts and legal persons, as well as the manner of their dissolution, the special provisions relating to the dissolution of tax entities cannot be applied to the dissolution of trusts.
However, the necessary application of the general rules for the determination and payment of tax gives rise to many uncertainties and causes inequality in rights and obligations between the dissolution of tax entities of different legal forms. The article concludes by pointing in particular to the insufficiency of the current tax legislation in relation to the dissolution of trusts, which is associated with persistent legal uncertainty of tax subjects.