78 | Annual Report 2018
Ministry of Taxation
The following statements on cases concluded in 2018
have been published:
2018-10. Own-initiative investigation of 30 cases
processed by Customs and Tax Administration and
National Tax Tribunal
In a general investigation opened on the Ombudsman’s own initiative, the Ombudsman reviewed 30
cases, each of which had been processed by both
the Danish Customs and Tax Administration (SKAT)
and the National Tax Tribunal. The investigation was
carried out under section 17(2) of the Ombudsman
Act, which authorises general investigations by the
Ombudsman of an authority’s processing of cases.
The Ombudsman’s investigation comprised the processing of the cases by both SKAT and the National
Tax Tribunal, including the secretariat services provided by the Tax Appeals Agency. The investigation
focused on the authorities’ observance of rules and
principles of administrative law, especially in relation
to matters which may be said to have significance for
furthering good, trusting relations between the tax
authorities on the one hand and citizens and businesses on the other.
In the Ombudsman’s opinion there were several in
stances of errors etc. which might be liable to affect
relations between tax authorities and taxpayers.
These errors concerned specific forms of conduct,
inadequate registration of documents by SKAT,
tax assessments based on estimates which did not
appear to be founded on objective criteria, inadequate
answers to arguments and views put forward by taxpayers and failure to establish whether time limits for
tax assessment had been observed.
The Ombudsman sent a draft report to the tax authorities, asking them for their comments. In this connection, SKAT gave an account of a number of measures
which had already been initiated or which would be
initiated on the basis of the ombudsman’s report.
The Ombudsman stated that, as far as he could judge,
the measures pointed out by the tax authorities appeared very relevant. He added that it was important
that the measures were implemented effectively and
in a focused manner, and he asked SKAT to inform him
about the measures which it would initiate in future as
a consequence of his report.
2018-16. Inadequate registration of claims for
refunds of dividend tax and inadequate guidance
on website
A man complained to the Ombudsman because he
had not received any replies to a number of letters
which he had sent to the Danish Customs and Tax Administration (SKAT) five years earlier, claiming refunds
of dividend tax. The case caused the Ombudsman
to open a general investigation on his own initiative of
SKAT’s handling of older cases concerning claims for
refunds of dividend tax.
SKAT informed the Ombudsman that for a number
of years until 2016, it had not had an overview of the
progression of cases concerning claims for refunds
of dividend tax and only a limited number of such
cases had been registered correctly. SKAT found this
severely regrettable, and the Ombudsman agreed.
In addition, the Ombudsman was of the opinion that
when it emerged that there were claims for refunds
of dividend tax which had not been registered, SKAT
should have taken such steps as it could in order to
locate claims which had not been registered.
On its website, SKAT provided general guidance on
the processing of cases concerning claims for refunds
of dividend tax, but SKAT did not mention the possibility that claims might have gone astray. Therefore,
the Ombudsman found that SKAT’s guidance on its
website could not be regarded as adequate. As SKAT
could not exclude the possibility that there were still
claims which had not been located, the Ombudsman
recommended that SKAT consider updating its website with guidance in this respect.
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