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Contents of draft law on tax advisors<br />
BULLETIN OF THE MINISTRY OF FINANCE/APRIL - JUNE 2006<br />
CONTENTS OF DRAFT LAW<br />
ON TAX ADVISORS<br />
RATIONALE OF LAW<br />
Adoption of a separate Law on Tax Advisors is aimed at<br />
ensuring a more favourable environment and infrastructure<br />
required for efficient implementation of the tax and customs<br />
regulations in practice. Introduction of a tax advisor as<br />
an independent expert will allow the taxpayers to be advised<br />
about the tax and customs issues in a qualified and professional<br />
manner. The tax advisors shall be authorized to represent<br />
the taxpayers professionally before administrative<br />
authorities (Tax Administration, Customs Administration<br />
and Ministry of Finance) as well as before competent courts.<br />
Draft Law on Tax Advisors (hereinafter referred to as:<br />
Draft Law), which was drafted by the Ministry of Finance,<br />
has been placed at the Ministry's web site: www.ministarstvo-finansija.vlada.cg.yu,<br />
and all interested persons may<br />
send related remarks or suggestions. The Law is expected to<br />
be adopted in the Parliament by the end of 2006.<br />
WHAT IT TAKES TO BE A TAX ADVISOR<br />
According to the Draft Law, the tax advisory services<br />
may be provided by a natural person as an independent activity<br />
or a legal person (partnership) specialized in providing<br />
tax advisory services. A natural person who provides<br />
tax advisory services independently, may not be employed<br />
with another natural or legal person.<br />
The Draft Law defines general and special conditions to<br />
be met by a person who wants to become a certified tax advisor.<br />
General conditions to be met: a tax advisor shall (1) be a<br />
Montenegrin citizen; (2) have general physical and mental<br />
abilities and (3) have no criminal records that make him/her<br />
ineligible for doing the tax advisor's activities, such as criminal<br />
offence against: property; payment operations and commercial<br />
operations; state authorities; judiciary and legal duty,<br />
during the period of five years following validity of relevant<br />
court decree.<br />
Special conditions to be met: a tax advisor shall (1) be a<br />
graduate lawyer or economist; (2) have at least 10 years of<br />
working experience in tax or customs related assignments<br />
and (3) have passed an exam for becoming a tax advisor and<br />
have approval for work.<br />
In order to become a certified tax advisor, a person shall<br />
have to pass an exam for tax advisor. The exam shall be taken<br />
before a special commission to be established by the Ministry<br />
of Finance, which shall be composed of at least five<br />
members, half of them being from the Ministry of Finance,<br />
Tax and Customs Authority, while the other members shall<br />
be experts in economics and law theory and practice respectively.<br />
Exam for becoming a tax advisor shall be taken in compliance<br />
with a program to be recommended by the Chamber<br />
of Tax Advisors and adopted by the Ministry of Finance.<br />
A person taking the exam shall bear related expenses, while<br />
the amount shall be determined by the Ministry of Finance<br />
at the proposal of the Chamber.<br />
According to the Draft Law, the Ministry of Finance<br />
shall be authorized to issue a license for work to a certain<br />
number of recognized tax advisors (but not more than five)<br />
without taking a special exam. The above has been suggested<br />
for the purpose of speeding up the process of establishing<br />
a professional association (the Chamber), which<br />
requires recruitment of 10 tax advisors in order to become<br />
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