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Taxation Act.docx
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§ 61. Requesting information from third parties

(1) A tax authority has the right to request information from third parties, including credit institutions, in order to ascertain facts relevant to tax proceedings. The abovementioned persons are required to submit information unless they have the right to refuse to disclose evidence or information pursuant to law. If necessary, a tax authority may require that a third party appear at the offices of the tax authority at the time designated by the tax authority in order to provide information.

(2) Prior to requesting information from a third party, the tax authority shall approach the taxable person for information unless the tax authority has no information concerning the residence or seat of the taxable person or if the taxable person cannot be reached at the address known to the tax authority or hinders facts relevant for the purposes of tax proceedings from being ascertained, and in the case provided for in clause 72 (5) 6) of this Act.

[RT I 2007, 23, 121 - entry into force 01.07.2007]

 

(3) In order to request information from a third party, the tax authority shall issue an order in compliance with the requirements specified in § 46 of this Act which also sets out the name or other details enabling identification of the taxable person in connection with whose tax matter information is being collected and the reason for contacting the third party. If the person is required to appear at the offices of the tax authority to give testimony, the time and place of appearance shall also be indicated in the order. A person may, pursuant to § 50 of this Act, apply for extension of the term granted for the performance of an obligation stated in an order.

[RT I, 13.12.2011, 1 - entry into force 01.01.2012]

 

(4) Oral explanations shall be recorded in the minutes pursuant to the provisions of subsection 60 (4) of this Act.  

§ 62. Submission of things and documents

(1)  In order to ascertain facts relevant to tax proceedings, a tax authority has the right to request that a taxable person or third party present things and bearer securities or submit documents in the possession of the person. If things and documents are requested from third parties, the restriction provided in subsection 61 (2) of this Act applies.

(2) In order to ascertain facts relevant to tax proceedings, a tax authority has the right to request that the taxable person present cash. Cash shall be presented at the location thereof.

(3) Documents and things specified in subsection (1) of this section shall be submitted or presented in the offices of the tax authority, unless:

1)  the addressee of the administrative act has granted consent to the examination and inspection of the things and documents at their location, or

2) the tax authority requires the addressee of the administrative act to submit the documents by post if this does not cause excessive expense to the addressee of the administrative act, or

3) it is impossible to convey the documents or things to the offices of the tax authority or doing so would cause excessive inconvenience or expense to the addressee of the administrative act.

4) the tax authority requires the addressee of the administrative act to submit documents preserved in electronic form electronically.

 

(4) A written order shall be issued concerning the obligation specified in subsection (1) or (2) of this section:

1) if the request is addressed to a third party, or

2) if the addressee or a representative of the addressee is summoned to the offices of the tax authority to perform the obligation, or

3) if the taxable person has failed to comply with an earlier request, or

4) in other cases when deemed necessary by the tax authority.

(5) A person may, pursuant to § 50 of this Act, apply for extension of the term granted for the performance of an obligation stated in an order.

(6) The provisions of subsection 61 (3) of this Act apply to the issue of an order specified in clause (4) 1) of this section. The provisions of subsection 60 (5) of this Act extend to the electronic submission of documents to a tax authority pursuant to this section.

[RT I 2005, 25, 193 - entry into force 01.07.2005]  

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