Tax law issues of the liability of health resort fee collectors

Abstract

A tax collector is obliged to collect and remit tax to the appropriate tax authority. The scope of the collector’s liability is narrowed only to situations in which he collected the tax due but did not pay it to the tax authority. If the tax was not collected by the tax collector, he bears no responsibility for it – neither on the grounds of the Tax Ordinance nor of the Fiscal Penal Code. The taxpayer bears responsibility for the tax not collected by the tax collector. The tax collector is liable with all his assets in an unlimited manner. Again, he may also be liable with his joint property with his spouse; the liability is adjudicated by a decision of the appropriate tax authority. If the tax collector pays to the tax authority the tax that he did not collect earlier, he can claim it by civil law. He is also obliged to collect and keep records of the amounts collected.