CASES
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Case No. 19/02109
‘In my opinion, SKAT (the Danish Customs and
Tax Administration) has made case processing
errors by not observing the binding ruling when
conditions are met’, a practising lawyer wrote to
the Ombudsman on behalf of his client. The National Tax Tribunal had made a decision that the
client was subject to taxation of his wages from an
offshore company abroad – but that was inconsistent with the binding ruling by SKAT about the
client not being subject to taxation in Denmark of
wages earned in another country.
However, the conditions and terms which SKAT’s
binding ruling was initially based on were no longer
valid, so the reply from SKAT was now without significance. Therefore, the Ombudsman could not
help the lawyer and the client to obtain a better
case result than the one the National Tax Tribunal
had arrived at.
In 2019, the Ombudsman concluded 260 cases
about the tax authorities, including nine general
own-initiative investigations. A selection of the
cases can be found at the Taxation Division’s
page on www.ombudsmanden.dk.
Case No. 19/02133
The Ombudsman received an e-mail with a list of
payments from a telephone company attached. In
the subject line of the e-mail, it said ‘Complaint 2’
but otherwise the e-mail was without content. Besides, the e-mail was sent as an insecure e-mail,
meaning without digital signature and encryption.
The Ombudsman was not to know who made the
enquiry but he replied to the e-mail anyway. He
wrote that an insecure e-mail without name and
address is considered an anonymous complaint.
And that according to the Ombudsman Act, the
Ombudsman cannot consider anonymous complaints.
The Ombudsman also wrote that he could not
consider a complaint about the private telephone
company for that matter.
The Ombudsman must know a complainant’s
identity. He is unable to consider anonymous
complaints.
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