Ministry of Justice: it is illegal to request certificates of absence of tax arrears during payment of wages
16/11/2018 18:00
Ministry of Justice: it is illegal to request certificates of absence of tax arrears during payment of wages
16/11/2018 18:00
Tashkent, Uzbekistan (UzDaily.com) -- Often, employees of some government agencies face a situation where an employer requires them to present a certificate of the absence of tax arrears and other obligatory payments. Providing a certificate is required when paying salaries to employees. This requirement is contrary to the law, the press service of the Ministry of Justice of Uzbekistan said in a statement.
In this regard, the justice authorities, by request (without physically visiting organizations and institutions), monitored the cases of obtaining such certificates.
To begin with, it should be noted that the legislation provides for the recovery from individuals of a certificate of the absence of tax arrears with:
- Citizens submit applications to the khokimiyats of districts (cities) for the purpose of exchange of residential premises or circulation of persons owning a land plot for 15 years in the absence of a title document;
- implementation of public-private partnership in the field of pre-school education;
- notarization of transactions for the alienation of real estate, etc.
Since June 2018, state service centers have introduced a service to provide individuals with information on the presence or absence of tax arrears. Over the past 5 months, the centers issued more than 81,000 such certificates.
Monitoring has shown that the provision of such certificates is mainly required by employers of medical institutions, schools and preschool education institutions.
In particular, in the Uzbekistan district (Ferghana) in 75 cases and Zhondorsky district (Bukhara) in 65 cases, facts were revealed that employers were requesting certificates from employees of medical institutions.
The reason for requesting certificates, in some cases, was the letters of the tax authorities on assistance in the timely payment of land tax and property tax, which forced workers to contact public service centers to obtain certificates.
In addition, cases of reclamation of such certificates by the land management and cadastre agencies during the registration of rights to immovable property were observed.
Thus, unlawful reclamation of tax debts is not only a violation of the legal rights of workers, but also causes artificial growth of queues in public service centers, which causes a lot of inconvenience and excessive bureaucratic red tape while the government is doing the opposite.
It should be noted that interested organizations and institutions, if necessary, can independently request certificates from the tax authorities by sending inquiries.
Moreover, in cases of tax arrears, in particular for an employee, the employer has the right to withhold part of his salary only by a decision of a court or a state executor to collect tax arrears from him.
Currently, the Ministry of Justice, together with other ministries and departments, is taking measures to prevent cases of unlawful reclamation by employers of various certificates from their employees.
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