Correction Elements in Case of Czech Local Charges

in Mrkývka, Petr, Jolanta Gliniecka, Eva Tomášková, Edward Juchniewicz, Tomas Sowinski, Michal Radvan (eds.) The Challenges of Local Government Financing in the Light of European Union Regional Policy: (Conference Proceedings), Forthcoming

Posted: 25 Jan 2019

See all articles by Michal Radvan

Michal Radvan

Masaryk University, Faculty of Law

Date Written: January 11, 2019

Abstract

This contribution deals with correction elements in case of Czech local charges. The main aim of the contribution is either to confirm or disprove the hypothesis that the up-to-date regulation in the area of the correction elements in case of Czech local charges is easily applicable for both taxpayers and tax administrators. Critically analysing the local charges correction elements and the tax procedure connected with these elements and synthetizing the gained knowledge, the hypothesis was disproved. It is necessary to prepare a completely new Local Charges Act respecting principles of modern law-making. The new Act should rigorously distinguish between the various structural components. The structure of the legal regulation of each charge should be as uniform as possible: taxpayer – object of charging – exemptions (as the only correction element) – charge base – charge rate – other necessary special provisions. Only the most basic parameters should be regulated by the Act so as to give the municipalities the widest scope to specify the legal norms. The material regulation should be complemented by the procedural one, but only by special provisions in relation to the Tax Code as a general procedural law for the taxes and charges administration.

Keywords: Tax; Tax Law; Charge; Structural Component; Correction Element

JEL Classification: K34

Suggested Citation

Radvan, Michal, Correction Elements in Case of Czech Local Charges (January 11, 2019). in Mrkývka, Petr, Jolanta Gliniecka, Eva Tomášková, Edward Juchniewicz, Tomas Sowinski, Michal Radvan (eds.) The Challenges of Local Government Financing in the Light of European Union Regional Policy: (Conference Proceedings), Forthcoming, Available at SSRN: https://ssrn.com/abstract=3314381

Michal Radvan (Contact Author)

Masaryk University, Faculty of Law ( email )

Veveri 70
Brno, 61180
Czech Republic

HOME PAGE: http://www.law.muni.cz

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