Burden of Proof in Tax Disputes: Ethiopia  

Burden of proof in tax disputes could rest either on the taxpayer or on the tax authority or sometimes both could bear the burden of proof. For instance under the United States and Canadian tax laws the primary burden of producing adequate evidence to rebut the assessment or decision of the tax authority rests on the tax payer. On the other hand countries like Sweden, Netherlands and Spain in their tax laws share the burden of proof in tax disputes between the tax payer and the tax authority. Hence in these counties the burden of proof in tax disputes is shared between the litigating parties.  As such the tax inspector must deduce evidence for a profit adjustment and on the other the tax payer must substantiate an exemption or deduction alleged. To the contrary tax laws in Denmark, France and Finland locate the burden of proving the accuracy of the tax decisions made according to estimation on the tax authority.  Similarly in Hungary the tax authority is obliged to prove the bad faith of the tax payer when prohibiting the deduction on VAT. This shows that there are possibilities where by tax authorities could bear the burden of proof in tax disputes.

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