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Q

I am stressed due to excessive tax claims, I want to proceed with a tax appeal.

法律知识浏览量38,473

Looking online, I heard that debt collection has legally established hours, and not following those hours can be illegal. But I'm not sure exactly what the debt collection hours are, and I'm wondering if calls or visits at night or early morning are also included. If such acts constitute illegal debt collection, I'd like to know if reports or legal responses are actually possible.

objection

tax appeal

tax appeal administrative lawsuit

tax tribunal request

A

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I understand your frustration regarding tax appeals.

Tax appeal procedures are largely 3 types. First, taxpayers wishing to contest tax dispositions by the National Tax Service can file a national tax objection within 90 days from the date of receiving the tax disposition. This can be filed against the tax office head who sent the tax notice, or to the regional national tax office head who has jurisdiction over the tax office.

However, since the national tax objection is an optional rather than mandatory procedure, it can be omitted, and you can immediately file a review or tax tribunal request.

A review request is filed against the jurisdictional tax office and National Tax Service within 90 days, and a tax tribunal request is filed with the Tax Tribunal against the tax office head, also within 90 days.

If an objection or tax tribunal request is filed but rights are not remedied, a tax appeal administrative lawsuit can be filed against the tax authority.

Administrative lawsuits (appeal lawsuits) include cancellation lawsuits for imposed taxes, lawsuits to confirm invalidity, and lawsuits to confirm illegality of inaction. Civilly, lawsuits for return of unjust enrichment and damages claims under the State Compensation Act can be filed.

A tax lawsuit can be filed within 90 days from the time the final administrative trial decision is received, and if this filing period is exceeded, lawful appeal procedures cannot be used, so lawsuit response must be prepared within this period.

This is also called an inviolable period, and even one day's violation results in immediate dismissal.

Therefore, please receive legal assistance from a tax-related specialist attorney.

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