Legislator Case Law & Legislation
KKO 3836/1998 AI generated

Supreme Court dismissed seizure claim for tax collection as it violated the principle of proportionality.

Case Number KKO 3836/1998
Court / Authority
Jurisdiction Finland (FI)
Decision Date
Outcome Dismissed

Legislator summary

AI generated

The Supreme Court dismissed the seizure of the applicant's assets to secure tax payments, ruling the measure disproportionate. The applicant argued that the seizure was excessive given their financial situation and the amount owed, while the tax authority insisted on securing the debt. The court held that the seizure violated the principle of proportionality because less intrusive measures could have secured the tax revenue.

Legislator headnote

AI generated

Section 10 of the Act on the Collection of Taxes and Duties; The seizure of assets to secure tax payments is only permissible if it is necessary and proportionate to the amount owed.

Keywords

AI generated
tax collection seizure of assets principle of proportionality tax authority asset preservation

Cited Legislation

AI generated
Section 10 of the Act on the Collection of Taxes and Duties
AI generated

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Full text

Kysymys verojen ja maksujen perimisen turvaamiseksi annetussa laissa tarkoitetusta takavarikosta.