Problem
2.3.5. Excessive scope of discretionary powers of employees of tax authorities
General information about the problem
Annual public opinion polls show that citizens perceive tax authorities as corrupt organizations. At the same time, there has been a positive trend in this field in recent years, as respondents note a decrease in the level of corruption at these agencies. However, continued improvement of taxation in this area involves eliminating the flaws of tax legislation, as some of its provisions are complex and non-transparent, which gives rise to manifestations of corruption. This is due to the fact that in some cases the legislation provides tax officials with a wide range of discretion.
In particular, a number of subjective factors influence the exercise of powers by officials, since, given the lack of clear legal limits of discretion, the final resolution of a particular situation is often influenced by such factors.
At the same time, Ukraine ranks 130th in the economic freedom ranking among the countries of the world and 122nd in the corruption perception ranking. Senior fiscal officials are periodically named in criminal cases involving various abuses. The state has accumulated significant debts to businesses and has a history of imposing unjustified fines. At least half of the taxes received by the state in the form of payroll taxation are withheld from the salaries of persons financed from the state budget and state-owned enterprises. Relations with tax authorities can be a decisive factor in gaining a competitive advantage in the business environment. It is critical to introduce a set of changes that will reduce corruption risks, discretionary powers of the authorities and guarantee that the state fulfills its obligations to entrepreneurs.
In particular, a number of subjective factors influence the exercise of powers by officials, since, given the lack of clear legal limits of discretion, the final resolution of a particular situation is often influenced by such factors.
At the same time, Ukraine ranks 130th in the economic freedom ranking among the countries of the world and 122nd in the corruption perception ranking. Senior fiscal officials are periodically named in criminal cases involving various abuses. The state has accumulated significant debts to businesses and has a history of imposing unjustified fines. At least half of the taxes received by the state in the form of payroll taxation are withheld from the salaries of persons financed from the state budget and state-owned enterprises. Relations with tax authorities can be a decisive factor in gaining a competitive advantage in the business environment. It is critical to introduce a set of changes that will reduce corruption risks, discretionary powers of the authorities and guarantee that the state fulfills its obligations to entrepreneurs.
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Implementation of SACP measures within the limits of the problem
The total number of OSR –
2
All measures of the SACP
measures, the implementation of which as of
30.09.2024
is about to begin
to be completed
3
2
3
1
1
10
Implemented
Partially implemented
In progress
Not implemented
Not started
Measures implemented (fully and partially) - 5 (50%)
Deadlines for all measures
01.03.2023 -
31.12.2025
Implementation of SACP measures within the scope of the Problem by main main performers
Ministry of Finance of Ukraine
7
State Tax Service of Ukraine
2
Ministry of Economy of Ukraine
1
Achievement of ESR within the limits of the Problem
The total number of OSR – 2