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Legal certainty in taxation at authorities and courts of law: a nordic view of specialization and unbiasedness Cover

Legal certainty in taxation at authorities and courts of law: a nordic view of specialization and unbiasedness

By: Mats Tjernberg  
Open Access
|May 2016

Abstract

Legal certainty is central to taxation decisions. This article describes the current legal situation and discussions in four Nordic countries. Sweden and Finland are specialized in dealing with taxation cases in administrative courts. In Denmark and Norway, no specialization exists in taxation cases. I maintain in this article that legal certainty would benefit from explicit signals from the state about the requirement of special knowledge and unbiasedness in authority and court decisions. These signals could well take the form of specialization in the courts. The need for specialized expertise is particularly extensive in tax law. It is also crucial for the agencies’ officials and judges to be aware that a subjective sense of unbiasedness in decision making does not necessarily mean that the unbiasedness aimed for has been attained. Self-awareness of this kind would ensure that argumentation and grounds for decisions would be made credible and transparent, to the benefit of legal certainty.

Language: English
Page range: 17 - 28
Submitted on: Oct 19, 2015
Accepted on: Mar 13, 2016
Published on: May 25, 2016
Published by: DJØF Publishing, Nordic Tax Research Council
In partnership with: Paradigm Publishing Services
Publication frequency: 1 issue per year

© 2016 Mats Tjernberg, published by DJØF Publishing, Nordic Tax Research Council
This work is licensed under the Creative Commons Attribution-NonCommercial-NoDerivatives 3.0 License.