On 20 May 2015, Tallinn Administrative Court (Pärnu division) denied the claim of the subsidiary of Tallinna Kaubamaja Grupp AS (Selver AS) based on a decision of the Pärnu City Government, which refused the refund of the advertisement tax paid from 1 June 2011 to 1 July 2014 in the total amount of 25 thousand euros.
The claim was filed on the grounds that the regulation of the advertising tax is inconsistent with the Constitution and the practice of the Supreme Court, which prescribe that all important elements of public financial obligations must be established by law. However, in the case of the advertisement tax, several important elements, such as the tax rate and the calculation basis thereof, had been left to be determined by the local government. Tallinna Administrative Court found that in case of local taxes, the principle that determination of their important elements should be covered by the law and may not be delegated to the local government, is not applied. Selver AS intends to appeal the judgement.
Raul Puusepp
Chairman of the Board
Phone: +372 731 5000