TKM: Decision of the Administrative Court on the advertisement-tax refund claim in Tallinn
The Tallinn Administrative Court dismissed the appeal of the subsidiaries of Tallinna Kaubamaja Grupp AS against the notice of assessment of the Tallinn City Government refusing to refund the advertisement tax paid during the period of 1 June 2011 to 1 July 2014.
The Tallinn Administrative Court arrived at a decision that, although the judicial practice of the Supreme Court of Estonia provides that all important elements of public financial obligations must be established by law, this position cannot be extended to local taxes. The court considers that the elements of the legal relationship related to the advertisement tax must not be established by law, since the Constitution provides local governments with the right to levy and collect taxes on the basis of the law. The subsidiaries of Tallinna Kaubamaja Grupp AS intend to appeal the judgment.
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