the Law on interest clearance on the tax and customs debt is completely unconstitutional

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VladaCG2MANS today submitted an initiative to the Constitutional Court for the overthrow of the Law on interest clearance on the tax and customs duties, which the Government waives tens of millions of euros in budget revenues in favor of moguls and privileged companies, while on the other side the holes in the state budget fills imposing numerous obligations on impoverished citizens.

In the end of December of 2013, the Parliament of Montenegro adopted the Law on interest clearance on the tax and customs debt which legislated that all tax debtors, with no difference in the amount of debt, who return the principal of the tax or customs debt by the end of January of 2014 year, may expect that the state will make them free from all the interest on those debts that they had until the end of last year.

The disputed law is completely unconstitutional, because on one side in the privileged position are tax payers who by the end of 2013 did not pay their obligations, while on the other side, in the unequal position, are those who regularly paid their taxes in accordance with the law, but also those from who the tax and interests are charged by force.

It is also hidden the obvious corruption of authorized in the Tax Administration who did not perform official duties for the tax collection, which release them from criminal responsibility. At the same time with challenged law in essence the violation of the Constitution and not paying taxes are encouraged, because tax payers can count on benefits instead on measures of enforced collection.

According to official data, the current total tax debt is around 330 million euros, while based on unpaid customs, the state budget in the end of last year was shorten for over 38 million euros.

Based on interest from such unpaid taxes, the state of Montenegro should gain somewhere close to 100 million euros, which is at the same time the potential loss if the tax debtors who decide to take advantage of privileges that for them is offered with the Government’s latest decision.

By adoption of this law, the Government of Montenegro deliberately waives legitimate income based on interest, while on the other hand there is no problem when the budget is filled with senseless and illegal taxes imposed on the citizens of Montenegro. By comparison, the state took, on the basis of various crisis measures just in the past year from the citizens of Montenegro, close to 110 million of euros, which is more than the amount that the state knowingly waives, and all for the sake of couple of tycoons and privileged companies close to the governing elite.

According to official data of the tax authorities, among the largest debtors are close friends of Prime Minister Milo Djukanovic, such as DraganBrković, owner of the group “Vectra”, Veselin Barović, which is by the ownership related with a number of companies, or Zoran Coco Bećirović, who manages the hotel “Bianca” and the ski center in Kolasin, and owns valuable properties on the coast and on the north of Montenegro.

As well on the list of debtors are companies whose owners or related individuals are associated with organized crime, such as Stanko Subotic Cane, Brano Micunovic, or Blaza Dedic who is associated with a fugitive drug boss Darko Saric.

The Law on interest clearance on the tax and customs duties is just one of many shameful decisions adopted by the government in order to help the businesses of domestic tycoons or individuals connected with organized crime, which continues with the practice where the citizens with their own money finance ruined business of tycoons or people connected with a crime.

MANS

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