TKM: Decision of the Tallinn Administrative Court on the advertisement-tax refund claim of Selver AS in Pärnu
The claim was filed on the grounds that the regulation of the advertising tax is inconsistent with the Constitution and the practice of the Supreme Court, which prescribe that all important elements of public financial obligations must be established by law. However, in the case of the advertisement tax, several important elements, such as the tax rate and the calculation basis thereof, had been left to be determined by the local government. Tallinna Administrative Court found that in case of local taxes, the principle that determination of their important elements should be covered by the law and may not be delegated to the local government, is not applied. Selver AS intends to appeal the judgement.
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