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What is the procedure for an appeal to the Tax Tribunal?
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After receiving a taxation disposition from the tax office, I was looking into various things and found that there is an appeal to the Tax Tribunal. However, there was only a statement of what it is, and the procedure was not explained in detail. Through what specific procedure does an appeal to the Tax Tribunal proceed? Since it is my first time, I am worried the procedure may be complicated, so if there is someone well versed in the relevant law, please explain in detail.
Appeal to the Tax Tribunal
Answer to Related Inquiry
Author: 정찬우
An appeal to the Tax Tribunal is a procedure in which a taxpayer requests relief from the Tax Tribunal when there is an objection to a taxation disposition, and it generally proceeds through the following stages.
First, there is the stage of submitting the appeal application.
The taxpayer downloads and fills out the form from the Tax Tribunal website or the civil affairs office of the disposition authority, and then submits it to the Tax Tribunal or the relevant disposition authority.
At this point, the appeal must be filed within 90 days from the day on which the taxation disposition became known, and the application must specifically state the content of the disposition, the grounds for objection, and the supporting evidence.
Next is the stage of assigning a judge and conducting the examination.
The Tax Tribunal designates a judge in charge of the received case and reviews the case mainly through a documentary examination. The claimant's arguments and the submitted evidence become the core of the judgment.
After that, the stage of resolution by the meeting of tax judges follows.
The meeting resolves by a majority vote of the judges present, and it can render decisions such as cancellation or correction with respect to an illegal or unjust taxation disposition.
Finally, there is the stage of decision and notification.
As a rule, the Tax Tribunal renders a decision within 90 days after receipt and notifies the claimant and the disposition authority.
If the claimant objects to the decision, they may file administrative litigation within 90 days from the day of notification.
Ultimately, an appeal to the Tax Tribunal is not a mere procedural response but a type of legal dispute that requires the precise construction of the interpretation of tax law and the proof of the facts, so it is important to prepare systematically with the assistance of a tax attorney from the early stage.
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