Summaries of selected statements | 53
2019-17. IT error meant Customs and Tax
Administration was unable to charge interest
for more than two years
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, which would be calculated on a daily basis
and added on a monthly basis.
Shortly after the IT system had come into operation, it
turned out that the interest function of the system was
not working. As a result, interest was not added and
businesses were not charged interest during the first
six months, and this was still the case for many businesses during the following 18 months. The interest
function was not fully functional until more than two
years after the system had come into operation.
The Danish Customs and Tax Administration (SKAT)
provided information about the problem on its website
and in a newsletter to the professional association of
auditors just under six months after the system had
come into operation. Only when the error had been
resolved did SKAT write directly to the businesses,
informing them about the problem. However, some
businesses had previously received a letter – in which
the problem was not mentioned directly.
SKAT subsequently charged businesses interest if
they owed tax at the time when the system became
fully functional. Businesses which did not owe tax at
that time were not charged interest even if they had
previously had a negative balance in their account.
After being contacted by a business about the matter,
the Ombudsman decided to investigate a number of
issues in relation to the IT system and the way in which
SKAT had handled the problem with the interest
function.
The Ombudsman stated that it was extraordinarily
unfortunate that an IT system with such defects was
put into operation at all, but that he had no basis for
assuming that SKAT had been aware of the problem
before the system was put into operation.
The Ombudsman found that SKAT’s guidance was not
adequate and not suited to guide businesses correctly
about the problem.
In the Ombudsman’s opinion the basis for charging
interest retrospectively was open to doubt. However,
as he was of the opinion that applicable law gave no
clear-cut answers, the Ombudsman overall did not
have sufficient grounds for repudiating the tax authorities’ assessment of the question of retrospective
charging of interest but found that the question should
be resolved by the courts.
2019-25. General own-initiative investigation of
300 cases from customer centre of Danish Tax
Agency
In a general investigation opened on the Ombudsman’s
own initiative, the Ombudsman reviewed 300 cases
from the customer centre of the Danish Tax Agency.
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 cases consisted of written guidance given by the
customer centre to citizens and businesses that had
contacted the centre with questions on matters within
the remit of the Danish Tax Administration.
The Ombudsman’s overall impression from his review
of the 300 cases was that the customer centre had
given the citizens and businesses fast, clear and
easy-to-understand answers to their questions.
In addition, the answers given by the customer centre
were generally worded in a friendly, helpful manner.
In some cases, however, the Ombudsman found that
the recipient of the reply might have been in doubt
whether it was intended as a guide only or was to be
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