Own-initiative investigations | 43
In addition, the Agency would increase its effort
to inform the authorities about their responsibility
for specific sites and self-service solutions on
www.borger.dk.
(Case Nos. 2019-11 and 2019-22)
Review of 300 answers given by customer
centre
Every day, the customer centre of the Danish Tax
Agency answers a large number of questions
from citizens, by telephone and in writing. For this
reason, the customer centre plays a significant
role in citizens’ confidence in the tax authorities.
The Ombudsman asked to see 300 questions
from citizens and businesses – and the answers
given by the customer centre – in chronological
order, starting from a random date, in order to
assess the guidance given.
The Ombudsman’s conclusion was positive: ‘My
overall impression from my review of the 300
cases is that the customer centre gives citizens
and businesses fast, clear and easy-to-understand answers to their questions. The answers
given by the customer centre are generally worded in a friendly, helpful manner’, the Ombudsman
stated.
When Customs and Tax Administration
IT system could not add interest
Back in 2013, the IT system ‘Én Skattekonto’
(‘One Tax Account’) was put into operation.
Businesses which had a negative balance in their
account were liable to pay interest, but from the
outset, the Danish Customs and Tax Administration (SKAT) was unable to charge businesses
interest because of an error in the new IT system.
The interest function was not fully functional until
after more than two years.
After receiving a complaint from a business in
2017, the Ombudsman started digging into the
matter. As own-initiative investigations often
have a forward-looking focus, the Ombudsman
focused on how SKAT had handled the error and
what the authorities could learn from the course
of events.
The Ombudsman concluded that SKAT had been
much too slow to provide guidance to businesses
on the problem. As the Ombudsman put it when
his statement on his investigation was published:
‘(...) the case is also a reminder that if errors of
this type do occur, the authorities have a special
responsibility to inform affected citizens and
businesses about the consequences for them.’
However, the Ombudsman pointed out that some
answers conveyed the impression that they were
decisions despite the fact that they were intended as a guide only. One of the problems in this
situation is that the citizen or business cannot
necessarily act, or refrain to act, in reliance on
the answer. (See article on pages 8-14).
The Ombudsman’s investigation revealed that
the basis for retrospectively charging the interest
which had not been added while the interest
function was not working was open to doubt.
However, the Ombudsman pointed out that the
applicable law on this issue was uncertain, and
he therefore found that the question should be
resolved by the courts.
(Case No. 2019-25)
(Case No. 2019-17)
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