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1. What is the Council of Tax Appeals?
Council of Tax Appeals under the Ministry of Finance of Georgia is the supreme administrative body dealing with tax and customs disputes.
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2. What can be appealed before the Council?
In order to lodge an appeal before the Council (as well as Revenue Service) you will need a formal ground - document imposing certain liabilities (e.g.: Notice of Tax Charges; Advice of collection);
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3. When should I lodge an appeal before the Council?
If you do not agree with the decision of the Revenue Service, you may bring the matter before the Council of Tax Appeals;
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4. May I bring my complaint directly before the Council?
No, Council may only hear the case after the Revenue Service delivers its decision. You have 5 calendar days upon the receipt of the decision of the RS to escalate the case before the Council.
However, this rule does not apply to the cases where imposition of tax charges was not a result of tax or customs inspection. You need to appeal imposed charges directly before the Council.
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5. Is it obligatory to bring the matter before the Council?
You are not obliged to appeal against tax authorities before the Council. You may terminate your case before the Council and proceed further with the case before the administrative court.
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6. What are the benefits of bringing the case before the Council?
Proceedings before the Council of totally free, you do not need to pay fees of any kind. Furthermore, Tax Code of Georgia obliges the Council to deliver decisions promptly limiting the possibility to suspend examination of applications no more than twice.
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7. What are the formal requirements for the application prescribed by law?
In order to avoid suspension of examination of your application, please, be advised that Tax Code of Georgia sets certain formal requirements for the application s lodged with the Council. These requirements are enlisted below. Please, check carefully, that your application meets all of these requirements:
Formal requirements:
application should contain:
- name of the applicant;
- TIN;
- contact information (address, telephone number, fax, email – if available);
application must be signed by authorized person; each page of the application as well as documents attached thereto should numbered and signed; on the last page of the application, before signature, total number of pages of the application should be noted. application should contain the list of all attached documents; appealed documents should be attached to the application; name of the authority issuing disputed document should be indicated; Date of receipt of disputed document should be indicated; Document confirming the date of receipt of appealed document should be attached Name of the Council of Tax Appeals under the Ministry of Finance of Georgia should be indicated; Subject of dispute and your request should be indicated in the application;
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8. What should I do if my application fails to meet formal requirements?
In case your application fails to meet formal requirements, Registry of the Council will send you a notice. Notice will contain description of requirements you need to comply with. Registry will set the period of at least 5 days to fulfill the request.
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9. What happens I fail to comply with the formal requirements of the application?
If your application does not meet prescribed formal requirements and you fail to fulfill the request to comply the latter within the time-limit set by the registry of the Council, examination of your application will be terminated and the case will be declared inadmissible.
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10. What should I attach to the application?
In addition to the appealed documents, you are requested to attach all documentation submitted to the RS as well as any of those evidences that may support your argumentation.
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11. May I submit additional documentation to the Council?
You may submit additional material anytime before the end proceedings.
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12. What should I expect from the Council?
In case the Council fully grants your appeal, it will declare the decisions of tax authorities null and void.
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13. How long does it take the Council to deliver the decision?
Council has 20 days to hear the application. It may suspend the examination of your application in order to clarify certain factual or legal aspects of the case. Suspension of the case may take place no more than twice respectively for 30 and 15 calendar days. Hearing may be adjourned due to the absence of quorum on the hearing.
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14. What will happen if I do not/cannot attend the hearing of my case?
You will be informed about the time and place of the hearing of your case. If you decide not to attend the hearing, the Council is entitled to deliver the decision in absentia.
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15. Am I obliged to attend the hearing of my case?
Applicant is not obliged to attend the hearing in person. He/she may choose to be represented by any other authorized person. In case the applicant is a legal person, power of attorney signed by the director of the applicant is sufficient. In case of private individuals, power of attorney should be sealed by notary public.