Finances
During the reporting period, citizens most frequently contacted the Protector of Citizens
because of unpaid contributions for mandatory social insurance by the employer and inability
of the exercise – failure to exercise to the full extent or aggravated exercise of the rights on this
basis (the right to pension, right to health insurance, right in case of unemployment).
Citizens contacted the Protector of Citizens with complaints about the operation of Tax
Administration of the Ministry of Finance due to the failure to take measures or timely take
measures against the employer because of unpaid taxes and contributions for mandatory
social insurance of employees, former employees and work-related engaged persons on
another basis or failure to take all measures in order to charge confirmed obligations of the
employer via regular or coercive charging of public income.
In oversight procedures conducted by the Protector of Citizens, Tax Administration of the
Ministry of Finance removed omissions which refer to the failure of acting upon
presentations/ requests for the oversight of the operation of the employer. In the procedures
which refer to the failure to take measures for the purpose of regular or coercive charging of
the contribution the most often stated reasons which aggravated the charging were
termination of the employer operation, account blocked, inexistence of property, etc.
The difficulties which the citizens face, which are frequently the reason for contacting the
Protector of Citizens are regular and coercive charging of tax from citizens as taxpayers, by
the Tax Administration of the Ministry of Finance and local tax administration on the basis of
the Law on Property Tax, Law on Use, Possession and Carrying of Goods and Laws on
Contributions for Mandatory Social Insurance. Citizens most frequently indicate in their
complaints that they were not familiar with the obligation of the payment of tax and
contributions, the amount of the debt, or due to passing of the time they were assured that the
obligations on this basis were terminated due to obsolescence of confirmation or charging.
It may be expected that the problems of regular and coercive charging of contributions will
be overcome to a certain extent when the application of the Law on Amendments to the Law
on Execution and Provisions starts and whose according application is referred to by the Law
on Tax Procedure and Tax Administration. This primarily refers to the most endangered
categories of population, citizens with the lowest pension amounts.
Even apart from the obligation of Tax Administration of the Ministry of Finance and local tax
administration to confirm the obsolescence of tax and supporting tax obligations in the line of
duty, the practice of the operation of the authority is different. The termination of tax
obligation due to the obsolescence of charging, authorities mostly confirm upon request of
taxpayers and most frequently after citizens address them in the procedure of regular
charging of tax or after they contact the Protector of Citizens.
Obligations of citizens on the basis of tax represent the source income of the local selfgovernment unit, in the specific case local tax administration - Secretariat of public income of
the City of Belgrade Voždovac Department, were identified contrary to the legally prescribed
rules of procedure, which is why the Protector of Citizens issued recommendations151. The
authority acted upon stated recommendations entirely.
Available at: https://www.ombudsman.rs/index.php/2012-02-07-14-03-33/6306-s-r-vnih-prih-d-z-p-druc-grds-ih-psh-in-d-lj-nj-v-zd-v-c-ubuduc-d-v-di-r-cun-bli-u-s-drzini-r-sh-nj-i-p-uci-pr-vn-l-u%22.
151
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