The Editor,
No one is obliged to pay the public more than the extent
required by law. What are the repercussions for individuals and entities who
fail to meet their tax obligations at the Tax Department of the Ministry of
Economy and Finance (the "MEF")? Business entities should heed recent
notifications by the MEF regarding outstanding tax debts.
The MEF, armed
with jurisdiction over tax issues, has publicized a number of notifications to
encourage business entities to settle their outstanding tax debts; warning that
otherwise the MEF will take strict measures to collect the debts. Among hundreds
of companies, ranging from investment to trading entities, 215 companies have
been specifically directed by the MEF to clear their outstanding tax liabilities
by November 30, 2002. This notification is a procedure set out in the Taxation
Law which must be followed prior to the MEF undertaking any strict measures
against tax payers who have tried to pass muster.
The MEF has clearly
indicated that it will undertake strict measures against business entities who
neglect to settle their tax liabilities by the above deadline. Under the
Taxation Law, the strict measures include the following:
- Confiscation of taxpayer's properties to settle the tax debts and costs
related to such confiscation and tax debt collection if taxpayer fails to pay
the tax debt within 15 days after receiving the reminder letter of notification
for tax collection;
- Freezing the bank account of the taxpayer by order of the MEF. Taxpayer will
not be allowed to open a new account until all the tax debts are settled as
confirmed by notification of the MEF. The bank will be responsible to the extent
of the tax debts of their clients if it fails to follow the MEF's order;
- Stopping import-export operations of the taxpayers according to an order
from the MEF to the Custom and Excises Department; and/or -
- Order to nullify permit and licenses by the MEF issuing a notification to
other competent authorities to nullify relevant permits and license.
The aggrieved taxpayers have an avenue through which they might challenge the
MEF's decision on tax liabilities. Taxpayers can file a protest to the Tax
Department within 30 days after the day they received the notification of tax
collection. If they are not successful, in the absence of the tax court, the
normal court system may be utilized by the taxpayers to challenge the decision
of the MEF's decision. Note the downside in taking this approach is that
taxpayers will have to deposit at the National Treasury an amount equal to the
sum of the outstanding tax liabilities, additional taxes and interest on the
amount under dispute as assessed by the Tax Department. In addition, court
litigation is costly and time consuming.
- Suonty You, L-Martin Desautels, DFDL Cambodia
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