Taxes, tax procedural law, substantive tax law, tax inspection procedures and transfer pricing
Tax law is part of a wider public (financial) law, which allows the state and its authorities to function, since they need proper financing. Financing which is done through the tax process (see tax procedural law), has its legal basis in the substantive tax law. The substantive tax law is covered by the Law on Value Added Tax, the Law on Income Tax, the Law on profits of legal entities, as well as many others.
Tax substantive law is important, because it represents the basis for the calculation of the individual’s (or entity’s) tax base and by that tax liability. Tax law on one hand incorporates certain safeguards and rights of taxpayers, but on the other hand is not very forgiving to those who do not know it, thus the latin proverb "ignorantia iuris nocet" – not knowing the law (especially tax law) is harmfull.
Tax procedural law
Tax procedural law covers the protection of tax subjects and a clear differentiation between rights and duties of tax authorities. Tax procedural law covers procedural rules for determining, applying and enforcing tax obligations which occur during a taxable activity. Tax procedural law also regulates different employer obligations regarding the transmission of control data as well as rules on the structure and competence of tax authorities.
Furthermore tax procedural law is used in cases of custom duties and procedures, which have changed since Slovenia joined the EU, but are still applicable with respect to non EU countries. Tax procedural law also regulates different instruments regarding tax collection, such as postponement, reduction or remission of tax obligations, which help the taxpayer’s economic situation whenever the tax authorities consider the circumstances are sufficiently substantiated for such an action. In this regard lawyers Dr. Franci Ježek and Gorazd Snoj may provide you with a legal and tax advice or help assess the risks of a specific tax situation.
Tax law also regulates other procedural aspects of taxing that affect the business of taxpayers, such as retention of business records for the purpose of tax assessment, keeping records of expenditures and revenues in accordance with accounting standards, etc.
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