Brief notes on the standing to act of the Tax Administration and Article 157 of the Tax Code

Authors

  • Percy Enrique Bardales Castro Ernst & Young Perú https://orcid.org/0000-0002-4123-9398

    Lawyer by the Pontifical Catholic University of Peru (PUCP). MBA from the Adolfo Ibáñez University (Chile). Postgraduate degree in Constitutional Procedural Law from the Pontifical Catholic University of Peru. Specialization in Law - Program in Constitutional Tax Law from the University of Salamanca (Spain). Advanced Specialization in Criminal Law and Criminal Procedure by the PUCP. Member of the Peruvian Institute of Tax Law (IPDT) and the International Fiscal Association (IFA) Peru. Partner of EY (Ernst & Young). Author of various publications on tax matters.
    Email address: percy.bardales@pe.ey.com.

DOI:

https://doi.org/10.18800/iusetveritas.202102.013

Keywords:

Tax law, Tax Administration, Article 157 of the Tax Code, Contentious-administrative tax proceedings, Litigation proceedings, Legitimacy to take active action, Legitimacy to take ordinary active action, Legitimacy to take extraordinary active action, SUNAT, Peru

Abstract

This document intends to address, at first, the legislative treatment that article 157 of the Tax Code has had over time, in relation to the possibility that the Tax Administration may challenge the resolutions issued by the Tax Court through the contentious-administrative process. On this basis, in a second stage, the normative scope of this matter will be analyzed based on the current text of article 157 of the Tax Code.

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Published

2021-11-26

How to Cite

Bardales Castro, P. E. (2021). Brief notes on the standing to act of the Tax Administration and Article 157 of the Tax Code. IUS ET VERITAS, (63), 238–260. https://doi.org/10.18800/iusetveritas.202102.013