TAX ADMINISTRATION AND THE PRINCIPLE OF “SOLVE ET REPETE”
The subject of taxation is always controversial, since playing two basic elements: the tax creditor and the taxpayer who as a result of an economic transaction and implementation of the event giving rise to the duty, establish a legal relationship of substantial income tax liability and / or formal....
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| Tipo de recurso: | artículo |
| Estado: | Versión publicada |
| Fecha de publicación: | 2014 |
| País: | Perú |
| Institución: | Universidad Nacional Mayor de San Marcos |
| Repositorio: | Revistas - Universidad Nacional Mayor de San Marcos |
| Idioma: | español |
| OAI Identifier: | oai:revistasinvestigacion.unmsm.edu.pe:article/10092 |
| Acceso en línea: | https://revistasinvestigacion.unmsm.edu.pe/index.php/quipu/article/view/10092 |
| Access Level: | acceso abierto |
| Palabra clave: | Principle of Solve et Repete Principio de Solve et Repete |
| Sumario: | The subject of taxation is always controversial, since playing two basic elements: the tax creditor and the taxpayer who as a result of an economic transaction and implementation of the event giving rise to the duty, establish a legal relationship of substantial income tax liability and / or formal.The principles for in the tax environment are constitu-tional and non-constitutional principles and specific principles you determine obligations within them the principle of “estoppel” as a common principle in terms of “SOLVE ET REPETE”. This principle applies in both contentious and non-contentious tax processes. The application of this principle leads to the taxpayer have to pay a tax debt against a claimable value is an Order of Determination, a Resolution of Payment Order or Fine Resolution and even having reason the taxpayer should pay a certain sum money to exercise their right to defense and to oppose in the adminis-trative proceedings before the SUNAT, and even the judiciary, including the Constitutional Court. We believe that the National Tax System requires struc-tural changes within and revision of certain principles as would be the subject of this article. |
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