In Italy the taxpayer does not have a serious judicial review before the Tax Commission and the litigation has some shortcomings in judging independence of the body, tightly bound by the Ministry of Finance. This shortage, coupled with the heavy tax burden practiced by the Italian government, a policy is marked by the failure to revive the economy, the systems used by barbarians and the newly passed rule Equitalia save banks and compounding, are destabilizing, the Italians, increasingly made with his back the wall. With his usual enthusiasm as ever, Prime Minister Berlusconi, announced another revolution. The government is working "to the tax reform together with trade unions and companies." The Ministry of Economy and Finance, also known by the acronym MEF, is one of the most important, influential and powerful ministries of the Italian Government, including its missions: to control costs and revenues of the state, overseeing economic policy and financial the processes and requirements of the budget. The minister Giulio Tremonti. These days, the MEF, is developing the tax reform process: the complaint, the Federcontribuenti. "They want to reduce the possibility for taxpayers to defend themselves in a position to eliminate the tax commission proceedings. Again it is difficult to find news, as stated by Finocchiaro, president of Federcontribuenti, "the citizen is not reached by the information that directly affected. The argument does not like to editors, apparently does not run the Ruby case. Yet the tax reform will make it even weaker position of the taxpayer before the giants of public administration. " The Taxpayer is a company that for tax purposes must pay a tax. What happens if the taxpayer is required to pay an unfair tax? You open a dispute with the tax law by the taxpayer to appeal within sixty days. The figures are staggering: six hundred thousand cases pending in the first instance, only in the Provincial Tax Commission, 110 thousand in the second degree entrusted to the regional commissions. Average duration of eight years processes for the three levels of courts up to the funnel of the Supreme Court. The same John Maroney, a professor of tax law and founder of the Statute of the taxpayer, says: "I knew of the proposed reduction in the tax courts to a degree only the inclusion of a filter but I am opposed to this administrative type of proposal for several reasons. First, if it were introduced, there would be an obligation of defense technology. And the parties would be unbalanced, a taxpayer, perhaps inexperienced, would be faced with a bureaucratic super prepared. " Another reform is illogical and counterproductive to the ouster of the judges, "secular" practice of litigation. I just think that some if it does, the Supreme Court, reiterated the need for greater expertise in tax matters, in order to dispose of the incredible amount of work and ensure a proper defense to the taxpayer. In this way, however, all those experts, though not stipendiary, but full of the experience in the field of tax litigation, such as bookkeeping and accountancy and taxation of business income will be expelled by the committees. In short, the new reform designed by Tremonti is expected to decrease the levels of courts from the current three to two, the use tax in the process of only judges who are judges, without having provided a sophisticated new. The perplexity of Federcontribuenti "mediation - which would require the obligation of defense - would put the taxpayer in a position of inferiority, and undermines the right to be given the appeal. And this is a point on which settlements are not allowed. " Not to mention the suffering and organic presence of judges who are judges that does not even cover 25% of requests. Tax commissions are called upon to decide on increasingly complex issues, "in a row of five are at stake amounts in excess of € 100 thousand, one in ten goes beyond the € 250 thousand." These estimates Federcontribuenti, which does not say that you do not need to be reformed, indeed, is from 2006, which reaffirmed the exact opposite, as long as both a reform to protect the taxpayer. The counter-created by the Due Process Federcontribuenti Tax: first of all make impartial tax commissions. To date, commissions, are tightly linked to the Ministry of Finance, which may: appoint the members of the Tax Commission by the President of the Republic, the Ministry of Finance sets the salary of the tax courts, the Department shall apply the same disciplinary measures against judges asked to judge the government. How can a judge be considered independent if he is nominated by one of the necessary parts of the process, which characterizes the economic and joins him with disciplinary punishments? Therefore, reiterates Finocchiaro, but the reform must be this: the establishment of a stipendiary role of tax courts through public competitions which reduces the use of lay judges Tax and framework organico delle Commissioni Tributarie all’interno del Ministero di Grazia e Giustizia, con il distacco definitivo da qualsiasi tipo di rapporto con il Ministero delle Finanze; l’obbligo di condannare sempre alla spese di giudizio il soccombente, con la possibilità di compensare le spese solo ed unicamente in caso di soccombenza reciproca delle parti; l’obbligo di fissare l’udienza di trattazione del merito anche in caso di diniego della istanza cautelare e non oltre un anno dalla medesima pronuncia. « In questo modo - conclude la Federcontribuenti – porremmo in difesa sia la credibilità dello Stato italiano, sia il diritto del contribuente di beneficiare di un trattamento equo ed imparziale. Anche per questo, assieme al decreto Save the banks, against the practice and the system dell'anatocismo Equitalia, April 16, take to the streets in Rome with Italian citizens. The government knows very well our battles ranging from Due Process Tax, a plan for restructuring the debt to the Italian families, and more. We remain available to the Parties if they wish, grant, pay attention. "
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