The Consequences of the Violation of Functus Officio and Res Judicata Principles on Tax Regulation and their Effect on Taxpayers

Abstract

The tax regulation related to Article No. 219 of the Tax Code, is the manifestation of the interaction between taxation affair organization and its taxpayers. In the new regulation, a considerable number of rules are reviewed and amended. From the study of the aforementioned Code, one can understand the new approach, which the tax affairs organization has applied when encountering tax payer’s rights. This research is conducted using scientific and research methods. As well, the subject is to review the two vital principles of functus officio and res judicata in terms of tax payment matters. Contrary to its precedent, the referred Code allows the “head of taxation affair administration office” not only to provide the ‘tax report’, and issue ‘tax assessment’, but they are authorized to proceed with the ‘taxpayers’ objection’ in that regard. The possibility of the reconsideration by the issuer, not only increases the likelihood of corruption, it is in inconsistency with the taxpayers’ rights. The said regulation has further allowed the tax affair administration offices to proceed with a so-called “review” procedure against the taxpayers’ matter after the proceeding had been finalized. Whereas, Article No. 239 and No. 270 of the Direct Taxation Act acknowledge the ignorance of res judicata principles as a violation of the taxpayers’ rights. As such, the approach of the above-mentioned regulation is considered a violation of functus officio and res judicata principles, and therefore wrongful.

Keywords

• article no. 219 of tax law
• taxpayers’ rights
• tax
• regulations
• functus officio
• res judicata