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`A Survey of the Legal Situation
by Koji Ishimura
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Introduction of
gTHE STATE OF TAXPAYERS' RIGHTS IN JAPANh
In recent years, governments of developed
countries such as the United States of America,
Canada and the United Kingdom have taken
positive steps to reinforce the fairness
and transparency of their respective tax
administration systems. Particularly noteworthy
in these attempts has been the establishment
of a comprehensive set of 'taxpayers' rights'.
This has involved the enactment or amendment
of general administrative procedure laws
or specific tax procedure laws, as well as
the publication of an easily comprehensible
Declaration of Taxpayer Rights. Taxpayer's
Charter, Taxpayer's Bill of Rights, etc.
The respective governments and tax authorities
have thus conveyed to taxpayers their sincerity
in promoting fairness and transparency.
The OECD published a report in 1990 entitled
Taxpayers ' Rights and Obligations: A Survey of the Legal Situation in OECD
Countries. The International Fiscal Association
(IFA) has recently adopted several research
themes which relate to taxpayers ' rights,
such as Taxation and Human Rights (1988)
and Protection of Confidential Information
in Tax Matters (1991). This display of interest
by major international bodies is a testament
to the weight being attached to taxpayers'
rights at the highest levels.
The Japanese tax administration system has
always been based on the premise that the
tax authorities were the dominant party.
As will be seen in the chapter on tax audits
in this volume. many details of tax administration
are left to the discretion of the tax authorities.
which has led to the prevalence of procedures
that are not fully fair and transparent.
For this reason, there has been a longstanding
movement in Japan to achieve taxpayers' rights
- fair and transparent tax administration
that is managed from the standpoint of the
taxpayer rather than the authorities. This
movement has been supported not only by academics
and zeirishi ('certified tax accountants'
or 'tax attorneys'), but also by broad-based
taxpayer associations and consumer groups.
Despite such demands from tax specialists
and taxpayers, the government and tax authorities
remain unreceptive to an overhaul of the
current tax administration system. Until
now. the zeirishi associations and taxpayer associations have
submitted many concrete proposals to establish
taxpayers' rights, such as draft bills to
streamline tax procedures or to allow access
to information held by the tax authorities.
However. the government and the tax authorities
have not responded positively to these suggestions.
This volume was written to provide an English-language
resource on the Japanese tax administration
system, with the aim of obtaining comments
from readers from other countries and from
international bodies to promote the fairness
and internationalization of the Japanese
tax administration system.
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