Quotation Majdanska, Alicja, Leigh-Pemberton, Jonathan. 2019. Different Treatment, Same Outcome: Reconciling Cooperative Compliance with the Principle of Legal Equality. Journal of Tax Administration. 5 (1), 111-144.


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Abstract

The paper discusses whether the concept of co-operative compliance is consistent in practice with legal equality and administrative fairness. The theoretical framework of the discussion is provided by an analysis of the principle of legal equality. We base our analysis on a comparison of how the principle is enshrined in the constitutions of Italy, the Netherlands and the United Kingdom. In choosing these jurisdictions, we took into consideration the following criteria: legal tradition, the existence and maturity of their respective co-operative compliance programmes, and their personal scope. Based on this analysis, we identify basic criteria for assessing the compatibility of these programmes with the principle of legal equality in the three selected jurisdictions. We determine that programmes limited to procedural treatment should not violate the principle of legal equality. As large business taxpayers are differentiated by the complexity of their tax affairs and are usually the biggest contributors to revenues, designing a special programme that fits their needs and helps them to be compliant is reasonable and justified in the light of general rules of tax procedure and the objective of the enforcement of tax liabilities and tax duties. Nonetheless, if programmes involve some economic advantages (e.g. a reduction of a tax liability), they may be seen to be disproportionate and inconsistent with the overall goals of good tax administration. As a result, they may not be consistent with the principle of equality.

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Publication's profile

Status of publication Published
Affiliation WU
Type of publication Journal article
Journal Journal of Tax Administration
Language English
Title Different Treatment, Same Outcome: Reconciling Cooperative Compliance with the Principle of Legal Equality
Volume 5
Number 1
Year 2019
Page from 111
Page to 144
Reviewed? Y
URL http://jota.website/index.php/JoTA/article/view/220/160
DOI na
Open Access N

Associations

People
Majdanska, Alicja (Former researcher)
Leigh-Pemberton, Jonathan (Details)
Organization
Institute for Austrian and International Tax Law IN (Details)
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