从波兰国家税收管理法(KAS)第48条看纳税人的隐私权

Anna Drywa
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引用次数: 0

摘要

这些考虑涉及到一个很少在税收问题的基础上提出的问题,即纳税人的隐私权。它们是在对纳税人隐私保护发展具有重大影响的法律法规之一的背景下进行的。值得注意的是,过去十年税收规则的变化清楚地表明,税收立法者改变了纳税人不可侵犯的隐私领域的界限。第一部分对纳税人隐私的概念进行了理论理解。这些思考将作为第二部分讨论的起点,第二部分将着眼于纳税人的隐私权,探讨纳税人隐私权保护的规范依据。接下来的第三部分将讨论具体的税收规则如何影响纳税人隐私保护和不可侵犯领域的发展。所进行的研究除其他外得出的结论是,纳税人隐私权的现状似乎有问题,而且没有得到足够的重视,因为立法者为此目的使用了一些工具来侵犯纳税人的私人领域。因此,笔者认为加强和更新纳税人的隐私权保护是必要的。
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The Taxpayer’s Right to Privacy in Context of the Article 48 of the Polish Act on National Revenue Administration (KAS)
The considerations concern a problem that is rarely raised on the basis of tax issues, namely the taxpayer's right to privacy. They are carried out in the context of one of the legal regulations which has a significant impact on the development of the protection of the privacy of the taxpayer. It should be noted that the changes to tax rules introduced in the last decade clearly indicate that the tax legislator shifts the boundaries of the taxpayer's inviolable privacy sphere. In the first part, an theoretical understanding of the notion of taxpayer's privacy will be considered. The considerations will serve as a starting point for the second part of the discussion, which focuses on the taxpayer’s right to privacy by exploring normative basis for protection of taxpayer’s privacy. The following third part addresses how specific tax rules affect the development of the protected and inviolable sphere of the privacy of a taxpayer. The study carried out leads inter alia to conclusion that the current status of the taxpayer's right to privacy seems questionable and not spotted enough, as the legislator invasions the private sphere of taxpayers using a number of tools to this end. The author therefore argues that the strengthening and updating the taxpayer's right to privacy protection is necessary.
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来源期刊
CiteScore
1.00
自引率
16.70%
发文量
13
期刊介绍: In legislation and in case law, European law has become a steadily more dominant factor in determining national European company laws. The “European Company”, the forthcoming “European Private Company” as well as the Regulation on the Application of International Financial Reporting Standards (“IFRS Regulation”) have accelerated this development even more. The discussion, however, is still mired in individual nations. This is true for the academic field and – even still – for many practitioners. The journal intends to overcome this handicap by sparking a debate across Europe on drafting and application of European company law. It integrates the European company law component previously published as part of the Zeitschrift für Unternehmens- und Gesellschaftsrecht (ZGR), on of the leading German law reviews specialized in the field of company and capital market law. It aims at universities, law makers on both the European and national levels, courts, lawyers, banks and other financial service institutions, in house counsels, accountants and notaries who draft or work with European company law. The journal focuses on all areas of European company law and the financing of companies and business entities. This includes the law of capital markets as well as the law of accounting and auditing and company law related issues of insolvency law. Finally it serves as a platform for the discussion of theoretical questions such as the economic analysis of company law. It consists of articles and case notes on both decisions of the European courts as well as of national courts insofar as they have implications on European company law.
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