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In an interview with Jornal de Negócios, Abílio Rodrigues, tax partner at TELLES, discusses the measures that the government should include in the next State Budget (SB) in the area of economic justice, in order to avoid penalising business activity and stimulate investment.
The tax partner at TELLES advocates, for example, raising the ceiling on the value of the claim in CAAD cases, which is currently set at 10 million euros, "in order to strengthen the contribution of arbitration to the fight against delays in disputes with a higher value".
It also calls for the definition of mechanisms to control and evaluate the tax administration's control activity, which is often too focused on assessment and not very available for an effective consideration of the taxpayer's position in the administrative phase, and for the establishment of a direct and binding relationship between the positions in favour of the taxpayer, consolidated in case law, and the actions of the tax administration, avoiding unnecessary judicial and/or arbitration proceedings.
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