Durga Kafle background • In the modern taxation system taxpayer are taken important. • Right of taxpayer are guaranteed so that there shall not be misuse of rights by tax administration while collecting tax. • Both Nepali and foreign citizen are considered as taxpayer for tax purpose • Income tax act 2058 has tried to protect the rights of the taxpayer also equal treatment to them. Right of taxpayer as per income tax act 1 Right to get respect 2 Right to get tax information as per the prevailing law: • taxpayer has right to ask tax information during office time • Taxpayer should get information regarding the time, place, amount and method of tax determination 3 Right to submit evidences in case of tax issues: • In case of issue taxpayer should get reasonable time to submit evidence in his favor, without providing this opportunity he should not punished 4 Right to appoint the lawyer for defense: • In process of investigation s/he has right to appoint lawyer and express view from lawyer or auditor general 5 Right to privacy: • Privacy on patent, trade mark, market management composition and price of the commodity 6 Right to submit income detail Cont. 7 Right to claim excessive amount : • Right to claim excessive amount other than taxable 8 Right to ask appropriate order: • Regarding the act or rule 9 Right to see public document: • Any public document issued by department 10 Right to appeal or administrative review As per vat act 1 The right of registration and getting TPIN: • Person below the threshold is not compelled to register • Registration process is voluntary • Person involved in taxable production can apply for TPIN inland revenue office • Certificate within 30 days of application 2 Right of tax credit:
3 Right of refund of overpaid tax:
• Within 60 days of application if not then 15% interest 4 Right of fair treatment by tax administration 5 Right of getting information: • Regarding law, procedure, tax return and payment 6 Issuing computer invoice Duty of taxpayer • Right and duty are the two part of one coin • If you have right then certain duty will be there Duty as per the income tax act 1 Duty to take PAN number: • Any taxpayer before the commencement of the business
2 Duty to provide the information to tax office if any
change in tax detail : • any detail mentioned in the PAN such as place, proporietal should have to disclose to IRO 3 Duty to submit tax advance tax detail: • Within prescribed time to IRO 4 Duty to submit installment of tax and tax detail: • 40% at the end of poush • 70% at the end of chairta • 100% at the end of ashar 5 Duty to submit the income detail of taxable amount: • Every taxpayer at the end of the income year within 3 month or at the end of the ashwin 6 Duty to pay remaining tax: Cont. 7 Information to be given: • If asked by tax office 8 Should presence if ask by tax office: 9 Should not interfere at the work of the tax office
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United States v. Benjamin Clemente, Joseph Demolfetto, Thomas Albunio, Pasquale D. Mirenda, Anthony Cassera, James Sharkey and Leonard Messana, 22 F.3d 477, 2d Cir. (1994)