Analysis of Judgment No. 9995 of 2024: Appeals and Notifications in Tax Litigation

The tax litigation is a complex area where the regularity of notifications and the methods of appeal play a crucial role. The recent ruling No. 9995 of April 12, 2024, provides important clarifications on these aspects, highlighting how the failure to appeal against the payment notice may lead to a lack of interest in contesting the assessment notice. In this article, we will examine the details of the judgment and the legal implications that arise from it.

The Context of the Judgment

The ruling in question pertains to a case where an assessment notice was appealed late due to notification defects. The central issue lies in the subsequent issuance of a payment notice, which the interested party did not appeal. The Court established that in the case of a failure to appeal the payment notice, the latter must be considered definitive, eliminating the interest in contesting the notification of the assessment notice as well.

SOLVE ET REPETE - TAX LITIGATION (DISCIPLINE AFTER THE TAX REFORM OF 1972) - IN GENERAL Appeal against the assessment notice for notification defect - Subsequent issuance of the payment notice - Failure to appeal - Consequences - Subsequent lack of interest in contesting the notification of the notice - Basis. In the case of a late appeal against an assessment notice for irregularities in its notification, the failure to appeal the subsequent payment notice originating from the same notice (assumed to be definitive and, that is, duly notified) results in the loss of interest in pursuing the judgment on the tax act due to the acknowledgment (by not contesting) of the formal regularity of the procedural sequence leading to the payment notice (including the notification of the notice).

The Legal Implications

The Court's decision highlights some fundamental points:

  • Regularity of Notification: The ruling reaffirms the importance of the regularity of notifications in tax litigation. If an assessment notice is deemed correctly notified and is not appealed, the taxpayer cannot contest it at a later time.
  • Definitiveness of the Payment Notice: The payment notice issued following the assessment notice, if not appealed, becomes definitive. This implies that the taxpayer tacitly accepts the regularity of the procedure.
  • 'Solve et Repete' Principle: This legal principle implies that the taxpayer must resolve tax disputes (solvere) before they can repeat (repete) their contests. The judgment reinforces this principle, establishing that the failure to appeal leads to a lack of interest.

Conclusions

Judgment No. 9995 of 2024 represents an important guide for taxpayers and legal professionals. It clarifies how deadlines and methods of appeal are crucial in tax litigation. Ignoring the opportunity to appeal a payment notice can lead to significant consequences, including the loss of the right to contest the regularity of the assessment notice. It is therefore essential that taxpayers are aware of their rights and the deadlines within which they must act, to avoid compromising their legal position.

Bianucci Law Firm