Additional tax liabilities established based on the Act on Goods and Service Tax as non-tax budgetary receivables

Abstract

For years, the issue of the legal nature of the additional tax liability established based on the regulations of the Act on Goods and Service Tax has been the subject of consideration in the doctrine of tax law and judicature. This allowance undoubtedly has a punitive feature and it is regulated by the provisions of the tax act as understood by Art. 3 clause 1 of the Tax Code and called an additional tax liability by the legislature, which may lead to doubts as to which category of public law receivables it should be classified in. In the article, an attempt is made to carry out an analysis of the legal nature of said allowance which shows that it constitutes a non-tax budgetary receivable as understood by provisions of the Tax Code.