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From Moral Duty to Legal Rule – A Blueprint for Reform of Taxpayer Rights to Fair Treatment in the UK and Australia

Journal of Tax Administration

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Title From Moral Duty to Legal Rule – A Blueprint for Reform of Taxpayer Rights to Fair Treatment in the UK and Australia
 
Creator Bevacqua, John
 
Description Tax authorities both in the UK and Australia aspire to treat taxpayers fairly. This article assesses the extent to which these aspirations have been recognised in formal legal rules in both countries. It shows that neither jurisdiction has imposed on the Revenue any broad express legal obligation to treat taxpayers fairly. The legislatures in both jurisdictions have largely left the matter to the judiciary. As a consequence, neither country is far advanced along the path to translating the moral duty of tax officials to treat taxpayers fairly into a clear and certain legal right. This chapter proposes a number of reforms which, taken together, set out a blueprint for addressing this situation. The proposed reforms comprise legislative clarification of taxpayer rights to fair treatment, taxpayer rights to compensation for serious failures to treat taxpayers fairly and formal monitoring and sanctions to ensure compliance with Revenue commitments to treat taxpayers fairly.
 
Publisher Journal of Tax Administration
 
Contributor
 
Date 2015-12-31
 
Type info:eu-repo/semantics/article
info:eu-repo/semantics/publishedVersion
Peer-reviewed Article
 
Format application/pdf
 
Identifier http://jota.website/index.php/JoTA/article/view/32
 
Source Journal of Tax Administration; Vol 1, No 2 (2015)
2059-190X
 
Language eng
 
Relation http://jota.website/index.php/JoTA/article/view/32/41
 
Rights Copyright (c) 2016 Journal of Tax Administration