Summaries of selected statements | 79
In August 2015, all claims for refunds of dividend tax
were put on hold because of suspected extensive
fraud with such claims. The Ombudsman’s investigation did not include aspects in relation to the suspected fraud or SKAT’s initiatives in this connection.
2018-30. Panama Papers – requests by Danish
Customs and Tax Administration for information
from citizens and assessment of suspicion under
Act on Due Process in Connection with the Public
Administration’s Use of Compulsory Intervention
and Duties of Disclosure
Information from the so-called Panama Papers
caused the Danish Customs and Tax Administration
(SKAT) to send requests for material to a number
of citizens. In these requests, SKAT stated that the
citizens were required to send in information in order
that it could be established whether they owed tax to
Denmark.
After being contacted by the Tax Committee of the
Council for the Danish Bar and Law Society, the Ombudsman decided to open an investigation on his own
initiative of whether SKAT had complied with the rules
in section 10 of the Act on Due Process in Connection
with the Public Administration’s Use of Compulsory
Intervention and Duties of Disclosure on the privilege
against self-incrimination. Under section 10 of the Act,
a citizen is as a general rule not required to provide information to authorities if there is a specific suspicion
that he or she has committed a criminal offence.
The Ombudsman stated that the requirement under
section 1(1) of the Tax Control Act for citizens to
account for the basis for information which they have
reported in their tax returns was to be regarded as a
duty of disclosure, which was subject to section 10 of
the Act on Due Process in Connection with the Public
Administration’s Use of Compulsory Intervention and
Duties of Disclosure.
The Ombudsman’s investigation did not give him
grounds to assume that there was generally a basis for
specific suspicion, at the time at which the requests
for material were sent out, against the citizens who
were ordered to provide information. The Ombudsman therefore concluded that the rules on the privilege against self-incrimination had been observed.
The Ombudsman’s assessment was based on SKAT’s
general description of the information available at the
time and of the procedure followed in the cases, as he
had not looked into the individual cases about SKAT’s
requests for information.
In addition, the Ombudsman’s investigation gave him
no grounds for assuming that SKAT generally lacked
a legitimate basis for asking the citizens for information concerning income years for which the ordinary
deadline for assessment had expired.
The Ombudsman agreed with SKAT that an alteration
should be made of the wording of the declaration of
consent which SKAT had previously asked citizens
who were under specific suspicion of committing a
criminal offence to sign in cases where they wished to
give their consent to provide information.
Prime Minister’s Office
The following statements on cases concluded in 2018
have been published:
2018-5. Ministry could not refuse access to material
on the grounds that it would shortly be made publicly
available
The Prime Minister’s Office partially refused a request
from a journalist for access to correspondence between
the Permanent Secretaries of the Prime Minister’s
Office and the Ministry of Immigration and Integration
about the case of the then Ministry of Immigration,
Integration and Housing issuing an instruction in February 2016 that no asylum seekers under 18 years
of age were to be permitted to be accommodated
in Danish asylum centres together with a spouse or
cohabitee.
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