Text consolidated by Valsts valodas centrs (State
Language Centre) with amending laws of:
5 October 1995 [shall come
into force on 31 October 1995];
26 October 1995 [shall come into force on 3 November
1995];
16 January 1997 [shall come into force on 19 February
1997;
4 December 1997 [shall come into force on 18 December
1997];
18 June 1998 [shall come into force on 22 July
1998];
14 October 1999 [shall come into force on 4 November
1999];
26 June 2001 [shall come into force on 20 July
2001];
25 October 2001 [shall come into force on 23 November
2001];
20 June 2002 [shall come into force on 19 July
2002];
13 March 2003 [shall come into force on 8 April
2003];
16 June 2005 [shall come into force on 20 July
2005];
12 October 2006 [shall come into force on 9 November
2006];
5 June 2008 [shall come into force on 4 July 2008];
14 November 2008 [shall come into force on 8 December
2008];
12 December 2008 [shall come into force on 1 January
2009];
12 June 2009 [shall come into force on 1 July
2009];
8 October 2009 [shall come into force on 11 November
2009];
1 December 2009 [shall come into force on 1 January
2010];
3 June 2010 [shall come into force on 6 July 2010];
12 May 2011 [shall come into force on 1 July 2011];
15 March 2012 [shall come into force on 1 April
2012];
21 June 2012 [shall come into force on 25 July
2012];
13 December 2012 [shall come into force on 11 January
2013];
6 November 2013 [shall come into force on 11 December
2013];
18 September 2014 [shall come into force on 1 October
2014];
16 October 2014 [shall come into force on 12 November
2014];
17 December 2014 [shall come into force on 1 January
2015];
18 June 2015 [shall come into force on 14 July
2015];
2 June 2016 [shall come into force on 5 July 2016];
29 September 2016 [shall come into force on 3 November
2016];
23 November 2016 [shall come into force on 1 January
2017];
22 June 2017 [shall come into force on 19 July
2017];
27 September 2018 [shall come into force on 1 January
2019];
5 December 2019 [shall come into force on 31 December
2019];
23 September 2021 [shall come into force on 20 October
2021];
30 March 2023 [shall come into force on 2 May 2023].
If a whole or part of a section has been amended, the
date of the amending law appears in square brackets at
the end of the section. If a whole section, paragraph or
clause has been deleted, the date of the deletion appears
in square brackets beside the deleted section, paragraph
or clause.
|
The Saeima1 has adopted
and the President has proclaimed the following law:
On the State
Revenue Service
Chapter 1
Tasks, Structure and Principles of Operation of the State Revenue
Service
Section 1. State Revenue Service
The State Revenue Service is an institution of direct
administration under the supervision of the Minister for Finance
which ensures the accounting of tax payments and taxpayers, the
collection of State taxes, duties, and other mandatory payments
determined by the State in the territory of the Republic of
Latvia, and also collects taxes, duties, and other mandatory
payments for the budget of the European Union, implements the
customs policy and organises customs matters.
[16 June 2005]
Section 2. Principal Tasks of the
State Revenue Service
The principal tasks of the State Revenue Service are:
1) to ensure the collection of State taxes, duties, and other
State mandatory payments administered by the State Revenue
Service in the territory of the Republic of Latvia and on the
customs border, and also the collection of taxes, duties, and
other mandatory payments for the budget of the European
Union;
2) to participate in the development of policy of customs
matters, tax and duty administration and disclosure of violations
of the law in the field of State revenue and to implement such
policy. To develop draft development planning documents, draft
informative reports, and draft legal acts in the relevant
field;
3) [20 June 2002];
4) to prevent and detect criminal offences in the field of
State taxes, duties, and other mandatory payments determined by
the State and in customs matters;
5) to provide civil servants (employees) of the State Revenue
Service with training, to inform the public of the importance of
the payment of taxes by organising informative activities and
competitions, and also to advise taxpayers, in accordance with
the procedures laid down in this Law, on the issues regarding
application of tax laws and regulations;
6) in accordance with the procedures laid down in laws and
Cabinet regulations, to register and record taxpayers and to
control the conformity of registration documents with the
requirements of the law and actual circumstances;
7) to ensure the fulfilment of the laws and regulations
governing the movement of goods subject to excise duty;
8) to decide to grant the status of a public benefit
organisation and to ensure supervision of such organisations in
accordance with the procedures laid down in the Public Benefit
Organisation Law;
9) to provide the necessary information (also without previous
request) and to co-ordinate exchange thereof in order to ensure
mutual assistance in recovery of tax claims, and also to maintain
contact with tax administrations (competent authorities) of the
European Union Member States.
[5 October 1995; 16 January 1997; 18 June 1998; 14 October
1999; 25 October 2001; 20 June 2002; 16 June 2005; 1 December
2009; 15 March 2012; 21 June 2012; 16 October 2014; 5 December
2019]
Section 3. Structure of the State
Revenue Service
The Director General of the State Revenue Service shall, in
accordance with this Law and other laws and regulations,
determine the structure of the State Revenue Service which is
made up of customs authorities, the Tax and Customs Police, the
Internal Security Department, the tax administration and other
units ensuring operation of the Service.
[12 June 2009; 22 June 2017 / Amendment regarding
the replacement of the words "Financial Police" with the words
"Tax and Customs Police, the Internal Security Department" shall
come into force on 1 January 2018. See Paragraph 41 of
Transitional Provisions]
Section 4. Director General of the
State Revenue Service
1. The Cabinet shall approve the candidature of the Director
General of the State Revenue Service, upon recommendation of the
Minister for Finance, for a period of five years. The Minister
for Finance shall appoint the Director General of the State
Revenue Service to the position for a period of five years. The
rights, obligations, and liability of the Director General of the
State Revenue Service shall be determined in a job description by
the Minister for Finance. Six months prior to the end of term,
the Cabinet shall take either a decision to extend the term for
five years or a decision to remove from the position of the
Director General of the State Revenue Service. The Minister for
Finance shall notify the Director General of the State Revenue
Service regarding the relevant decision and in accordance with
the decision taken extend the term for five years or remove the
Director General of the State Revenue Service from the position.
If the Director General of the State Revenue Service has been
suspended from performing his or her professional duties or has
been removed from the abovementioned position, the Cabinet, upon
recommendation of the Minister for Finance, shall approve a
candidate for the fulfilment of the duties of the Director
General of the State Revenue Service from among the deputies of
the Director General of the State Revenue Service until the end
of the term of suspension or until the appointing of a new
Director General of the State Revenue Service.
2. The Director General of the State Revenue Service
shall:
1) be liable for the performance of the tasks stipulated for
the State Revenue Service;
2) determine the competence and responsibility of deputies of
the Director General of the State Revenue Service, and also the
rights of all civil servants and employees of the State Revenue
Service in accordance with this Law;
3) approve the structure of the State Revenue Service, and
also the list of civil servants and employees (establishment
plan);
4) appoint and remove from the position, hire and discharge
civil servants and employees of the State Revenue Service. The
Director General of the State Revenue Service shall co-ordinate
the candidates for deputies of the Director General of the State
Revenue Service with the Minister for Finance prior to
appointment to the position;
5) [12 June 2009];
6) approve budget expenditure estimates;
7) examine complaints for the decisions taken and orders
issued by the officials of the units and institutions subject to
control of the State Revenue Service and revoke the unjustified
decisions taken and orders issued by the abovementioned
officials;
8) initiate or require the initiation of a disciplinary matter
against any civil servant of the State Revenue Service, take a
decision in a disciplinary matter, and may suspend any civil
servant of the State Revenue Service from fulfilling the duties
of the office for a period of time, but not longer than until
commencement of execution of the disciplinary punishment,
retaining monthly wage, supplement for the special service rank,
and social guarantees;
9) require the performance of calculation of taxes (duties)
and revision (audit) of tax (duty) payments of any taxpayer
subject to control by the State Revenue Service;
10) [12 June 2009];
11) enter into agreements with taxpayers on reduction of the
calculated amounts in accordance with the procedures laid down in
laws and regulations;
111) authorise the heads of the tax administration
units of the State Revenue Service and their deputies to request
the performance of calculation of taxes (duties) and revision
(audit) of tax (duty) payments of a taxpayer subject to control
by the relevant unit;
12) authorise civil servants of the State Revenue Service to
take decisions to determine the payments to be additionally
transferred into the budget as a result of revision (audit) of
tax (duty) payments;
121) authorise civil servants of customs
authorities to stop a vehicle for the performance of customs
control in the customs territory of the Republic of Latvia and to
transport the vehicle to the customs authority for the
performance of customs control;
122) authorise civil servants of customs
authorities to take a decision to inspect a person with regard to
whom it is sufficiently reasonable to believe that, upon entering
or leaving the customs territory of the Republic of Latvia, this
person hides on himself or herself goods, objects subject to
customs clearance or undeclared cash, or goods, objects, or
substances the movement of which across the State border is
prohibited, or if it is suspected that the person has ingested
goods or prohibited substances subject to customs clearance or
that they have been placed into the body thereof, thus violating
the laws and regulations in the field of customs, and also
determine in the decision which civil servant of the customs
authority will perform inspection of such person;
13) [8 October 2009];
131) [16 October 2014];
132) [16 October 2014];
133) [15 March 2012];
134) [16 October 2014];
135) [16 October 2014];
136) be authorised to reach an agreement with the
tax administration (competent authority) of a European Union
Member State regarding special procedures for recovery of
enforcement costs (Article 20 of Council Directive
2010/24/EU);
14) upon receipt of an offer expressed by a tax administration
of another state, agree to the commencement of a joint
cross-border tax inspection or refuse the commencement of an
inspection;
15) make an offer to the tax administration of another state
to commence a joint cross-border tax inspection;
16) on the basis of a request by tax administrations
(competent authorities) of the European Union Member States and
such states with which international agreements regarding
prevention of double taxation and tax evasion have been entered
into and approved by the Saeima, take a decision on the
participation of representatives of the foreign tax
administration (competent authority) in tax administration
processes in the Republic of Latvia;
17) authorise civil servants of the State Revenue Service to
participate in tax administration processes of other states for
the purpose of obtaining and exchanging information on the basis
of legal acts of the European Union or international agreements
approved by the Saeima;
18) [5 December 2019 / See Paragraph 43 of Transitional
Provisions];
181) in the cases specified in laws and
regulations, authorise civil servants of the State Revenue
Service to examine submissions regarding repayment of the amount
of the fine overpaid or incorrectly paid into the State budget
and repay the amount of the fine overpaid or incorrectly paid
into the State budget;
19) on the basis of a request of an institution of a European
Union Member State for mutual assistance in recovery of tax
claim, take a decision on participation of an authorised
representative thereof in recovery proceedings in the Republic of
Latvia and provision of assistance in a court;
20) reach an agreement with an institution of a European Union
Member State to which the State Revenue Service has submitted a
request for assistance regarding participation in recovery
proceedings of tax claim amounts in the relevant Member State and
provision of assistance in court, and authorise a civil servant
of the State Revenue Service to participate therein;
21) [16 October 2014];
22) enter into an agreement with a taxpayer in accordance with
the procedures laid down in laws and regulations regarding
determination of the market price (value) for a specific
transaction or type of transaction.
[16 January 1997; 18 June 1998; 14 October 1999; 25 October
2001; 13 March 2003; 16 June 2005; 12 October 2006; 5 June 2008;
12 June 2009; 8 October 2009; 15 March 2012; 21 June 2012; 16
October 2014; 2 June 2016; 29 September 2016; 5 December
2019]
Section 4.1 Transparency
of Activities of the State Revenue Service
The State Revenue Service, including constituent investigating
institutions thereof, may, in the interests of the Service, and
also for the purpose of the protection of public interests and
prevention, inform the public of the activities thereof and the
determined violations in conformity with the presumption of
innocence and the restrictions on the provision of information
laid down in laws and regulations.
[22 June 2017]
Section 4.2
Decision-taking in the Information Systems of the State Revenue
Service
1. In order to facilitate detection and prevention of tax
evasion and customs offences, the State Revenue Service may, in
conformity with the requirements of Regulation (EU) 2016/679 of
the European Parliament and of the Council of 27 April 2016 on
the protection of natural persons with regard to the processing
of personal data and on the free movement of such data, and
repealing Directive 95/46/EC (General Data Protection Regulation)
(hereinafter - the Data Regulation) and of other laws and
regulations, take a decision in the information systems within
the framework of administrative proceedings in an institution,
including may perform data profiling of natural persons for
taking of such decisions, indicating that the decision has been
taken in the information systems. A natural person may contest
such decision to the Director General of the State Revenue
Service and appeal it to a court in accordance with the
procedures laid down in this Law or the law On Taxes and
Fees.
2. Upon taking the decision referred to in Paragraph one of
this Section, the State Revenue Service shall ensure personal
data protection measures corresponding to the Data Regulation and
other laws and regulations. Information on the procedures for
exercising the rights of data subjects specified in the Data
Regulation and other laws and regulations which are related to
the decision referred to in Paragraph one of this Section shall
be published on the website of the State Revenue Service.
[5 December 2019]
Section 4.3 State
Information Systems of the State Revenue Service
(1) The State Revenue Service shall be the controller of State
information systems and shall process data for the implementation
of the tasks laid down in laws and regulations and shall also
organise and manage the operation of the following State
information systems in accordance with the purpose of their
intended use:
1) the Excise Movement and Control System which ensures the
circulation of information on the movement of excisable goods in
the European Union Member States and countries of the European
Economic Area, and in the territory of the Republic of
Latvia;
2) the Central Customs Information System which ensures the
accounting and control of customs payments, the registration and
verification of the existence of international road transport
permits and also accumulates statistical data on customs
transactions and the information necessary for risk management in
the field of customs;
3) the Data Warehouse System which ensures the analysis and
integration of the information contained in the databases of the
information systems of the State Revenue Service, the
accumulation, storage, and circulation of up-to-date and
historical data on taxpayers, submitted documents, customs
operations, calculated and paid taxes, and also the analysis,
accumulation, storage, and circulation of taxpayer-related
information received from other State authorities and
registers;
4) the Electronic Declaration System of the State Revenue
Service which:
a) provides an authentication service in this and other
information systems for the submission and receipt of
documents;
b) ensures electronic communication with the person and the
State Revenue Service and also notification of the administrative
acts, decisions, other documents or information issued by the
State Revenue Service;
c) ensures the possibility to submit and receive documents and
information in the field of customs matters which are not to be
submitted in the central customs information systems of the
European Commission and also to draft and notify decisions;
d) ensures the submission of the tax return and informative
return provided for in the law On Taxes and Fees and laws on
specific taxes in the form of an electronic document within the
time limits specified in laws and regulations, electronic
submission of annual statements, submissions, and other documents
and information provided for in laws and regulations to the State
Revenue Service;
e) ensures the submission of declarations of public officials
and lists of public officials and amendments thereto;
f) ensures the availability to the taxpayer of the data on the
payable or overpaid amounts of taxes and duties administered by
the State Revenue Service and also other payments determined by
the State and payments related thereto (late payment charges and
fines);
g) provides the employer (disburser of income) with
information on the reliefs applicable to the payer by issuing a
salary tax booklet;
h) ensures the availability of the data accumulated in the
information systems of the State Revenue Service in the form of
reports;
i) ensures the accumulation of the source documents submitted
by taxpayers for their annual income tax returns;
j) ensures the preparation and issue of the statements and
information on the payment of taxes and also the receipt of the
information on individual indicators of tax compliance used by
the State Revenue Service in determining the overall assessment
of the rating of a taxpayer;
k) ensures measures to improve the quality of services
provided to the public;
5) the European Union Data Preparation System which ensures
the exchange of the registration data of value added tax payers
and information on the turnover of goods and services between
European Union Member States and countries of the European
Economic Area, and the Republic of Latvia, the correct
application of value added tax, and also the publication of
information on registered value added tax payers;
6) the Electronic Customs Data Processing System which ensures
electronic submission and processing of customs declarations and
other related information, electronic exchange of information,
including with customs information systems of other countries and
the European Commission, documentation of customs controls,
registration of economic operators, and other persons for customs
purposes, registration of cash declarations;
7) the Integrated Tariff Management System which ensures the
circulation and monitoring of information for the use of the
classification of goods and the common customs tariff specified
in laws and regulations, for the completion of customs
declarations and customs control in the field of application of
customs payments and procedures, for the processing of tariff
quota requests of importers of the Republic of Latvia, for the
processing of supervision data on import and export customs
declarations and data on trade defence instrument measures and
transfer thereof to the European Commission;
8) the Integrated Risk Information System which ensures the
accumulation and exchange of information on detected and
suspected offences in the fields of State revenue and customs for
the detection of criminal offences and the fight against
organised crime, preventive measures related to the movement of
goods across the customs border of the European Union, the
detection and prevention of tax and customs offences, and also
risk management and customs control as defined in the Union
Customs Code;
9) the Payment Administration Information System which
ensures:
a) processing of the data at the disposal of the State Revenue
Service on the registration and accounting of taxpayers and
taxable objects;
b) supervision of taxpayers and the accounting, processing,
and supervision of the tax returns and informative returns
submitted by them;
c) accounting and supervision of public officials and
processing and administration of declarations submitted by
them;
d) accounting and administration of the taxes, fees, and other
payments administered by the State Revenue Service;
e) accounting of revenues from the taxes, fees, and other
payments administered by the State Revenue Service, exchange of
information with external data sources, and automation of tax
administration processes for the accounting of the revenues of
the State budget and the budget of the European Union;
f) supervision and control functions laid down in the Law on
the Prevention of Money Laundering and Terrorism and
Proliferation Financing and in the Law on International Sanctions
and National Sanctions of the Republic of Latvia, and also the
identification and accounting of the subjects specified in the
Law on the Prevention of Money Laundering and Terrorism and
Proliferation Financing, issuance, extension, suspension, and
revocation of the licence of outsourced accountants, supervision
of outsourced accountants and maintenance of the public register
of outsourced accountants;
g) enforcement of the laws and regulations governing the
movement of excisable goods, including the issue of excise duty
stamps, supervision of movement, and administration of
securities;
h) granting of the status of a public benefit organisation and
supervision of these organisations;
10) the Public Information Database of the State Revenue
Service which ensures the publicity of the information to be made
public that is specified in laws and regulations which is
accumulated in the State information systems of the State Revenue
Service;
11) the Automatic Vehicle and Container Identification System
which ensures the acquisition and storage of the data on vehicles
and containers and also the acquisition of information for the
purposes of risk management provided for in laws and regulations
and the provision of support to law enforcement authorities in
the field of the protection of the financial interests of the
European Union Member States and countries of the European
Economic Area.
(2) The State Revenue Service shall process in the State
information systems information on persons, facts, and events for
the performance of the tasks of the State Revenue Service as laid
down in laws and regulations.
(3) The State Revenue Service shall process the following
categories of personal data:
1) in the Excise Movement and Control System - identification
data of natural persons and data on economic activity;
2) in the Central Customs Information System - identification
data of a natural person, data revealing the services received,
financial and transaction information, data on customs
procedures, accounting thereof, control and customs payments, and
also data on administrative offences and penalties;
3) in the Data Warehouse System - data of a natural person
accumulated in other information systems of the State Revenue
Service and transferred for storage in the Data Warehouse System,
and also data of a natural person revealing the services received
and data of a natural person received from other State
authorities and registers;
4) in the Electronic Declaration System of the State Revenue
Service - identification data of a natural person, data on
economic activity, health data, data revealing the services
received, income, reliefs, transactions, political opinions,
religious affiliation and trade union membership, data on
administrative offences and penalties, data on family ties
(including relatives);
5) in the European Union Data Preparation System -
identification data of a natural person;
6) in the Electronic Customs Data Processing System -
identification data of a natural person, data revealing the
services received, financial and transaction information, data on
customs procedures, accounting thereof and customs payments, and
also on the movement of excisable goods, and data on customs
controls performed on a person;
7) in the Integrated Tariff Management System - identification
data of a natural person;
8) in the Integrated Risk Information System - identification
data of a natural person and other information relevant for the
detection and prevention of criminal offences;
9) in the Payment Administration Information System -
identification data of a natural person, data on economic
activity, data revealing the services received, data on family
ties (including relatives), income, dependants, reliefs, a
person's positions and authorised persons, beneficial owners,
data on debt obligations, financial situation, calculations of
taxes, fees, and other payments administered by the State Revenue
Service and accounting thereof, payments into and amounts to be
repaid from the budget, on the assigned status of a person at
risk, on licences, data on the parties to the transaction and
persons related to them;
10) in the Public Information Database of the State Revenue
Service - identification data of a natural person, data on
economic activity, data revealing the services received,
political opinions and affiliations, data on family ties
(including relatives) and positions, data on licences, on the
assigned status of a person at risk, administrative offences and
penalties;
11) in the Automatic Vehicle and Container Identification
System - data identifying the persons crossing the State border
by vehicle and data relating to the border crossing.
(4) Institutions shall, in accordance with the provisions of
laws and regulations, receive and process personal data from the
State information system of the State Revenue Service to ensure
the performance of State administration functions and tasks, and
also to ensure the performance of the functions of State
authorities - information that is only at the disposal of the tax
administration or which the tax administration is obliged to
create in accordance with its mandate.
(5) The Cabinet shall, except for the Electronic Declaration
System of the State Revenue Service referred to in Paragraph one,
Clause 4 of this Section, determine the information to be
included in the State information systems of the State Revenue
Service, its scope, processing rules, storage time limits and
access rules, and also the conditions and procedures for the
storage, disclosure, and issuance of the audit trails of the
information systems.
(6) The Cabinet shall determine the information to be included
in the Electronic Declaration System of the State Revenue
Service, its scope, processing rules and storage time limits, and
also the conditions and procedures for the storage, disclosure,
and issuance of the audit trails of the information system.
[30 March 2023]
Section 5. Director of Territorial
Office of the State Revenue Service
[12 June 2009]
Section 6. Fulfilment of
Requirements of Civil Servants of the State Revenue Service
Fulfilment of the decisions taken, the requirements brought
forward, and the instructions given by the civil servants of the
State Revenue Service, within the scope of the competence
specified in this Law, shall be mandatory for all legal persons
and natural persons subject to the control of the State Revenue
Service.
[16 January 1997; 25 October 2001]
Section 7. Co-operation of
Institutions and Civil Servants of the State Revenue Service
[16 January 1997]
Chapter 2
Tasks of the State Revenue Service and Rights of Civil Servants
in Tax (Duties) Administration
[16 January 1997; 25 October
2001]
Section 8. Tasks of the State
Revenue Service in Tax (Duty) Administration
The tasks of the State Revenue Service in relation to the
administration of taxes (duties) (hereinafter - the tax
administration) are specified in the law On Taxes and Fees
(Section 18). In addition to these tasks the State Revenue
Service shall:
1) record and register taxpayers and taxable objects;
2) recover the debts of taxes and fees administered by the
State Revenue Service, and also other mandatory payment debts
determined by the State the collection of which is under the
jurisdiction of the State Revenue Service in accordance with laws
and regulations;
3) record the property under the State jurisdiction, ensure
the control of evaluation, sale, handing over free of charge,
destruction thereof and transfer of revenues into the State
budget. The Cabinet shall determine the procedures by which
accounting, evaluation, sale, handing over free of charge,
destruction of the property under jurisdiction of the State and
transfer of revenues into the State budget shall be
performed;
4) issue recommendations for taxpayers regarding the
procedures for filling in of tax returns and accounting of tax
payments for the tax accounting of taxpayers, and also other
recommendations of an informative nature in the field of
taxes;
5) in accordance with international agreements approved by the
Saeima and legal acts of the European Union, as a
competent authority, co-ordinate and perform the exchange of
information between tax administrations and joint cross-border
tax inspections;
6) in accordance with international agreements approved by the
Saeima and legal acts of the European Union, collect and
recover taxes, duties, and other mandatory payments from domestic
taxpayers and taxpayers of other states for the benefit of a
contracting state or a European Union Member State at the
instruction of the competent authority of the relevant state and
on behalf of its own State upon request of the competent
authority of the contracting state or the European Union Member
State on an uncontested basis;
61) collect and recover taxes, duties, and other
mandatory payments for the budget of the European Union;
62) [5 June 2008];
7) train civil servants (employees) of the State Revenue
Service and inform the public of the importance of the payment of
taxes, promoting voluntary fulfilment of tax liabilities and tax
collection and organising informative measures and competitions,
and also advise taxpayers on the issues regarding application of
the tax laws and regulations that apply to the specific taxpayer
and have resulted from taxable activities of such taxpayer;
8) monitor the economic and financial activity of any legal
persons and natural persons in order to implement the tasks
specified in this Section;
9) [20 June 2002];
91) [12 October 2006];
10) in accordance with laws and regulations, receive
declarations from persons and verify the veracity of information
provided therein and the legality of the sources of income;
11) upon request of the person directing the criminal
proceedings and on the basis of the documents submitted by the
requester and the information at the disposal of the tax
administration, perform the calculation of taxes and provide an
opinion to the person directing the criminal proceedings on the
amount of losses caused to the budget [taxes (duties) unpaid into
the State budget and payments determined by the State];
12) carry out the tasks specified in laws and regulations
which are related to the use of electronic devices and equipment
for the registration of taxes and other payments;
121) grant the status of a public benefit
organisation and supervise such organisations in accordance with
the Public Benefit Organisation Law;
13) carry out the tasks specified in other laws and
regulations.
[16 January 1997; 18 June 1998; 14 October 1999; 25 October
2001; 20 June 2002; 16 June 2005; 12 October 2006; 5 June 2008; 5
December 2019]
Section 9. Tax Control Institutions
and Civil Servants
[16 January 1997]
Section 10. Rights of Civil Servants
in Tax Administration
1. During the fulfilment of service duties, all civil servants
have the right:
1) upon presentation of a service identification document and
authorisation of a higher civil servant, to visit the territories
and premises in the ownership or use of legal or natural persons
where economic activities are performed or which are related to
the generation of revenues for another legal or natural person,
to perform tax control measures therein, physical inspection of
goods, to seize samples of goods for the performance of
expert-examination, and also to visit freely the State
administration and local government institutions. Upon deciding
on the issuance of the authorisation referred to in this Clause
to a civil servant for exercising his or her rights in the field
of tax control, the proportionality of the potential restriction
on the fundamental rights of natural persons shall be
evaluated;
2) to perform calculation of taxes and audit of tax payments,
to inspect the accounting records of legal persons and natural
persons and the main documents thereof, other documents related
to calculations and budget payments, to receive necessary
explanations and statements, to seal the sale and production
premises, warehouses, archive premises, cash offices, and
cash-desks in order to ensure the preservation of documentation,
money, and materially valuable items during the audit of tax
payments;
3) to request annual statements from legal persons,
calculations of income and taxes of State and local governments,
declarations, other necessary documents, to examine them, to
specify the amount of taxes and fees administered by the State
Revenue Service to be paid into the State and local government
budget (basic budget or special budget), and also the amount of
other mandatory payments determined by the State the collection
of which is under jurisdiction of the State Revenue Service, to
determine the amounts of fines, and also to request and receive
relevant explanations;
4) to set a time period for legal persons and natural persons
by which violations of laws and regulations determined in
relation to taxes and fees administered by the State Revenue
Service, and also other State and local government income the
collection of which is under jurisdiction of the State Revenue
Service shall be rectified;
5) to request presentation of the original documents and to
receive derivatives of documents from merchants, institutions,
organisations, local governments, financial institutions, and
credit institutions for the accounting and registration of a
taxable object (income) or examination of taxes and fees, and
also to receive the necessary statements and derivatives of
documents from natural persons which attest to tax liabilities
and payments, property and income of the legal or natural person
to be inspected, and also to request and receive relevant
explanations;
6) to draw up a deed that confirms the concealment of income
or other taxable objects from taxation if the procedures for
engaging in entrepreneurial activities have been violated, and
also to draw up deeds regarding other violations determined and
the facts related thereto;
7) within the competence and in accordance with the procedures
laid down in law, to impose administrative penalties and to seize
the objects of administrative offences and the instruments for
committing them;
8) to attach property (drawing up a deed) in order to secure
the enforcement of a claim to be brought (brought) in a court or
a decision of the State Revenue Service;
9) within the competence and in accordance with the procedures
laid down in law, to remove the property and documents related to
an administrative offence;
10) within their competence and in accordance with the
conditions of Section 4, Paragraph two, Clause 12 of this Law, to
take decisions to specify payments to be additionally included in
the budget as a result of the revision (audit) of tax
payments;
11) to summon a taxpayer to appear at the State Revenue
Service;
12) [5 December 2019 / See Paragraph 43 of Transitional
Provisions];
13) to take photographs, make audio and video recordings in
order to record control actions and other procedural actions.
Civil servants have the right to take photographs, make audio or
video recordings to the extent necessary for the performance of
control actions or other procedural actions, respecting the
rights of a person to privacy.
2. The Director General of the State Revenue Service and his
or her deputies, the heads of the units authorised by the
Director General of the State Revenue Service, and their deputies
in tax administration have the right:
1) to approve materials regarding violations of laws and
regulations in the field of State revenue and to decide on
holding the persons at fault liable as specified in law;
2) to receive from ministries, other State administration
authorities, financial institutions, and credit institutions, and
local governments the reports of inspections and audits performed
by them, and also any other information related to the records of
taxpayers and their economic and financial activity;
3) [8 October 2009];
4) to issue orders the implementation of which is mandatory
for financial institutions, credit institutions, and providers of
payment services as determined in Section 2, Paragraph two,
Clauses 3, 4, and 7 of the Law on Payment Services and Electronic
Money, regarding full or partial suspension of accounting
operations (execution of payment orders) of legal persons and
natural persons until the relevant persons have settled their
accounts in full with the budget, if the legal and natural
persons have not submitted on time, refuse to submit, or hide
documents on the relations with the budget from the tax
administration civil servants, resist or do not comply with the
performance of tax inspection or audit, do not implement the
decisions of the tax administration civil servants in the
determined term, and also if the concealment of income, tax
calculations incorrectly performed and performing of unlawful
operations have been determined during the time of an
examination;
5) on an uncontested basis, to recover from legal persons and
natural persons the amounts of State taxes, duties administered
by the State Revenue Service, and other amounts of mandatory
payments determined by the State to be in arrears and to be
collected by the State Revenue Service, the fines provided for by
laws [if a decrease or concealment of revenues (income) has been
determined], and other fines and late payment charges, and also
income obtained from performing entrepreneurial activities
without registration or a special permit (licence) for inclusion
in the State and local government budget (basic budget or special
budget), and also in special State and local government
budgets;
6) in accordance with the procedures laid down in law, to
submit an application to a court regarding termination of
activities or insolvency of a merchant;
7) to submit to ministries, local governments, and other
authorities a request the implementation of which is mandatory to
revoke a special permit (licence) issued to a taxpayer for the
performance of entrepreneurial activities, if a legal, natural,
or another person who performs entrepreneurial activities has not
been registered as a taxpayer or who does not submit the
declarations or tax calculations provided for in tax laws, all
the economic and accounting documents without which tax
administration civil servants are not able to determine the tax
base, or who does not provide the possibility of collecting
taxes, or who does not allow a tax administration civil servant
to enter the premises of the taxpayer if the abovementioned civil
servant has such rights;
8) in accordance with the procedures laid down by laws and
regulations, to suspend the activities of a taxpayer or units
thereof;
9) to take a decision to reimburse the overpaid amounts or
amounts of State taxes, duties, and payments related thereto
incorrectly collected (recovered), on an uncontested basis, in
the State or local government budget (basic budget and special
budget), and also the amounts of payments determined by the
State;
10) based on a reasoned written submission by a taxpayer to
extend the time periods for the submission of tax returns and
informative declarations to be submitted to the State Revenue
Service;
11) [18 June 1998];
12) in accordance with the procedures laid down in laws and
regulations, to extend the time periods for making tax payments
and other payments to be included in budgets;
13) within their competence, to authorise the civil servants
of the State Revenue Service to ensure the representation of the
interests of the State Revenue Service;
14) in cases provided for in the law On Taxes and Fees, to
extinguish the debts of mandatory payments determined by the
State and to be included in the State budget the recovery of
which is performed by the State Revenue Service and the
extinguishing of which is not under the jurisdiction of the
Minister for Finance or a local government;
15) to take a decision to apply the means for securing the
enforcement in order to enforce the tax revision (audit)
decisions;
16) to take a decision to apply the means for securing the
enforcement prior to taking a tax revision (audit) decision, if
during a tax revision (audit) evidence has been acquired
indicating that a taxpayer is destroying, concealing, alienating
his or her property, reorganising commercial companies, or
performing other activities as a result of which it may become
impossible to implement a revision (audit) decision;
17) to take a decision to deduct expenditures for
implementation from the amounts recovered;
18) on the basis of a request of the tax administration
(competent authority) of a European Union Member State, to notify
a taxpayer regarding the decisions of a European Union Member
State or other documents related to a claim of tax payments or
other payments, or recovery of a claim, or application of tax
laws and regulations in the territory thereof;
181) to notify a taxpayer of a European Union
Member State or to request the tax administration (competent
authority) of a European Union Member State to notify the
taxpayer of its state regarding decisions of the State Revenue
Service or other documents relating to a claim of taxes or other
payments, or recovery of a claim, or application of tax laws and
regulations in the territory of the Republic of Latvia;
19) to request institutions of European Union Member States to
provide the information necessary for recovery of tax, duty, or
other mandatory payments;
20) according to the competence specified in the laws and
regulations in tax administration, to request and receive the
information necessary for recovery of tax, duty, or other
mandatory payments of European Union Member States;
21) specifying the reasons for refusal, to reject requests for
assistance from institutions of European Union Member States
regarding the provision of information necessary for recovery of
tax, duty, or other mandatory payments;
22) on the basis of the uniform instrument issued in a
European Union Member State and permitting enforcement in the
requested Member State as specified in Annex II to Commission
Implementing Regulation (EU) No 1189/2011 of 18 November 2011
laying down detailed rules in relation to certain provisions of
Council Directive 2010/24/EU concerning mutual assistance for the
recovery of claims relating to taxes, duties and other measures
(hereinafter - the uniform instrument permitting enforcement of a
claim in the requested Member State), to apply the measures for
securing enforcement of a claim of a European Union Member State
for taxes, duties, costs related to recovery, or other mandatory
payments;
23) on the basis of the uniform instrument permitting
enforcement of a claim in the requested Member State issued in a
European Union Member State, to recover taxes, duties, costs
related to recovery, or other mandatory payments on an
uncontested basis;
24) to submit the uniform instrument permitting enforcement of
a claim in the requested Member State issued in a European Union
Member State for enforcement to a sworn bailiff;
25) to take a decision to recover late payment charges which
have been calculated for the delay in enforcement of a claim of
tax or duty payment of a European Union Member State and to
recover it on an uncontested basis;
26) to take a decision, in the cases and in accordance with
the procedures laid down in laws and regulations, to terminate
the operation of a capital company;
27) to take a decision, in the cases and in accordance with
the procedures laid down in laws and regulations, to include a
person in the list of persons of risk;
28) to take a decision on voluntary enforcement of late tax
payments in the cases and in accordance with the procedures laid
down in laws and regulations;
29) to request the tax administration (competent authority) of
a European Union Member State to provide information and notify
of decisions and other documents related to taxes or other
payments, and also to apply relevant measures for securing
enforcement or to take recovery measures;
30) to take a decision to apply measures for securing
enforcement on the basis of a relevant request of the tax
administration (competent authority) of a European Union Member
State;
31) on the basis of a request of the tax administration
(competent authority) of such country with which an international
agreement regarding prevention of double taxation and tax evasion
has been entered into and approved by the Saeima providing
for assistance in tax collection, to take a decision to recover
late tax payments;
32) by indicating the reasons for refusal, to reject a request
of the tax administration (competent authority) of a European
Union Member State to provide information and notify of decisions
and other documents related to taxes or other payments, and also
a request to apply relevant measures for securing enforcement or
to take recovery measures;
33) to issue the uniform instrument permitting enforcement in
the requested Member State;
34) to take a decision to refund late tax payments in the
cases and in accordance with the procedures laid down in laws and
regulations;
35) to take a decision to include the address of a taxpayer in
the list of risk addresses in the cases and in accordance with
the procedures laid down in laws and regulations;
36) to take a decision to disconnect a domain name or prohibit
the transfer of the right of use of a domain name in the cases
specified in the law On Taxes and Fees;
37) to take a decision to discontinue (suspend) hosting
services in the cases specified in the law On Taxes and Fees.
2.1 The Director General of the State Revenue
Service and his or her deputies have the right to consent to the
implementation of legal protection proceedings.
2.2 The Director General of the State Revenue
Service and his or her deputies shall take a decision to grant
the status of a public benefit organisation and to remove the
status of a public benefit organisation, and also a decision to
refuse to examine a submission on the merits in accordance with
the norms of the Public Benefit Organisation Law.
2.3 The right provided for in Paragraphs one and
two of this Section shall also be applicable in the process of
granting of the status of a public benefit organisation and of
supervision of such organisations in order to assess the
conformity of the activities of associations, foundations, and
religious organisations with the procedures laid down in the
Public Benefit Organisation Law.
3. In matters regarding the recovery of tax debt and other
payments to be included in budgets, the rights of a bailiff shall
be conferred to the civil servants of the State Revenue Service
who pledge the property of the debtor and recover the debt in
accordance with a court judgment or a decision of the State
Revenue Service institution, and the activities of such civil
servants as well as the necessary expenditure related to
implementation of the judgment and the remuneration of the civil
servants shall be determined in accordance with the Civil
Procedure Law.
4. If a taxpayer has not paid the tax within 30 calendar days
from the date of receipt of a request for payment, the State
Revenue Service has the right to collect this tax and an amount
covering the recovery expenses, recovering such from the property
belonging to the taxpayer, similarly as it is done after a court
ruling.
4.1 If the goods seized for the performance of
expert-examination within the framework of the tax control
measures referred to in Paragraph one, Clause 1 of this Section
do not correspond to the goods specified in accompanying
documents, a legal or natural person shall cover the expenditures
of the expert-examination within five working days after receipt
of the documents supporting the expenditures.
5. The procedures by which confidential information at the
disposal of credit institutions shall be received and the cases
in which such information shall be received shall be determined
in the Credit Institution Law.
6. [12 June 2009]
[16 January 1997; 18 June 1998; 25 October 2001; 13 March
2003; 16 June 2005; 5 June 2008; 12 June 2009; 8 October 2009; 1
December 2009; 3 June 2010; 12 May 2011; 15 March 2012; 13
December 2012; 6 November 2013; 18 September 2014; 16 October
2014; 17 December 2014; 18 June 2015; 23 November 2016; 5
December 2019]
Chapter 3
Tasks of the State Revenue Service and Rights of Civil Servants
(Employees) in Implementation of Customs Policy and Control of
Cross-border Postal Items
[23 September 2021]
Section 11. Tasks of the State
Revenue Service in Implementation of Customs Policy
1. Customs control of goods and other objects, imposition of
an import duty and an export duty thereon (hereinafter - the
customs duty), collection thereof and documentation of customs
control, and also protection of the State economic border shall
only fall within the competence of customs.
2. In the implementation of customs policy, the tasks of
customs authorities are:
1) to control conformity with the laws and regulations adopted
in customs matters and to prevent customs offences related to the
transportation of goods across the State border;
2) to apply and administer customs tariffs, to collect the
customs duty and other taxes to be paid at the customs border and
provided for in laws and regulations;
3) to co-operate with foreign customs authorities;
4) in accordance with the procedures laid down in laws, to
provide an account of the operations of customs authorities and
basic statistical data;
5) in accordance with laws and regulations, to provide the
State authorities, merchants, organisations, and natural persons
with information on customs matters, to train specialists, and to
increase the qualification of specialists regarding customs
matters;
6) to co-operate with law enforcement, State control and State
administration institutions, and also with other institutions in
matters regarding conformity with the laws and regulations
adopted in customs matters;
7) to carry out international obligations assumed by the State
in relation to customs;
8) [16 June 2005];
9) to perform investigation in matters regarding criminal
offences in the field of customs matters;
10) to conduct an examination of samples of goods, to provide
opinions on the conducted examination of samples of goods;
11) to perform chemical forensic examinations.
3. [3 June 2010 / See Paragraph 28 of Transitional
Provisions]
[5 October 1995; 16 January 1997; 14 October 1999; 25
October 2001; 16 June 2005; 3 June 2010; 16 October 2014]
Section 11.1 Tasks of
Customs Authorities in the Control of Cross-border Postal
Items
The customs authority shall, at a postal item sorting area of
the provider of the universal postal service, control the postal
items which have been received from the European Union Member
States in order to identify suspicious postal items determined in
the Postal Law (hereinafter - the suspicious postal item).
[23 September 2021]
Section 12. Customs Authorities and
Civil Servants
[16 January 1997]
Section 13. Rights of Customs Civil
Servants (Employees)
1. [16 October 2014]
2. Upon performing service duties, civil servants (employees)
of customs authorities have the right, if necessary, in
accordance with the procedures laid down in laws and regulations,
to carry and use firearms, special means of protection, and also
special means for stopping transport in the customs territory of
the Republic of Latvia.
3. Civil servants of customs authorities, when performing
service duties in the tax administration, have the rights
specified in Section 10, Paragraph one of this Law.
4. In order to ensure the implementation of customs tasks,
customs authorities shall co-operate with State and local
government authorities, merchants, organisations, and natural
persons.
5. Civil servants of customs authorities have the right and
obligation, independently or together with employees of the
border guard, immigration and public order services, to arrest
violators of the State border of the Republic of Latvia in
accordance with the procedures laid down in laws and
regulations.
6. Civil servants of customs authorities have the rights
determined in the customs laws and regulations, but, in
performing an investigation in matters regarding criminal
offences in the field of customs matters, they have the
authorisation of an investigator as determined in the Criminal
Procedure Law.
7. (3) [22 June 2017 / See Paragraph 41 of Transitional
Provisions]
8. Civil servants of customs authorities authorised by the
Director General of the State Revenue Service have the right to
stop a vehicle for the performance of customs control in the
customs territory of the Republic of Latvia and to transport the
vehicle to the customs authority for the performance of customs
control.
9. During customs control, civil servants of customs
authorities of the State Revenue Service have the right to search
a person and to record customs control activities (take
photographs, make audio and video recordings), respecting the
rights of a person to privacy.
10. The civil servants of customs authorities specified in a
decision on civil servants of customs authorities authorised by
the Director General of the State Revenue Service have the right
to perform an inspection of any such person with regard to whom
it is sufficiently reasonable to believe that, upon entering or
leaving the customs territory of the Republic of Latvia, this
person hides on himself or herself goods, objects subject to
customs clearance or undeclared cash, or goods, objects or
substances the movement of which across the State border is
prohibited, or if it is suspected that the person has ingested
goods or prohibited substances subject to customs clearance or
they have been placed into the body thereof, thus violating the
laws and regulations in the field of customs.
11. Civil servants of customs authorities have the right to
perform the control of cross-border postal items, and also to
remove, open, and destroy suspicious postal items in accordance
with the procedures specified in the Customs Law.
[5 October 1995; 16 January 1997; 18 June 1998; 14 October
1999; 25 October 2001; 20 June 2002; 16 June 2005; 5 June 2008;
12 June 2009; 16 October 2014; 2 June 2016; 22 June 2017; 5
December 2019; 23 September 2021]
Section 13.1 Rights of
Civil Servants of the Customs Police in the Detection of
Violations of Law in Customs Matters
[22 June 2017 / See Paragraph 41 of Transitional
Provisions]
Chapter 4
Tasks of the Tax and Customs Police of the State Revenue Service
and Rights of Civil Servants (Employees) Thereof in the Detection
of Violations of Law in the Field of State Revenues and Customs
Matters
[22 June 2017 / The new
wording of the name of the Chapter shall come into force on 1
January 2018. See Paragraph 41 of Transitional
Provisions]
Section 14. Tasks of the Tax and
Customs Police of the State Revenue Service in the Detection of
Violations of Law in the Field of State Revenues and Customs
Matters
1. The Tax and Customs Police of the State Revenue Service
shall have the following tasks:
1) to perform the investigatory operations specified in law in
order to detect and prevent criminal offences in the field of
State revenues;
2) to conduct investigations in criminal cases regarding
criminal offences which have been determined in the field of
State revenues;
3) to perform the task specified in Section 11, Paragraph two,
Clause 7 of this Law in customs matters;
4) to perform the task specified in Section 11, Paragraph two,
Clause 9 of this Law and the operational activities specified in
law in order to detect and prevent criminal offences in customs
matters;
5) to ensure the security of civil servants (employees) of the
State Revenue Service in relation to the fulfilment of their
duties and the security of the premises where they are located,
if necessary.
2. Upon performing the tasks specified in Paragraph one,
Clauses 3 and 4 of this Section, the Tax and Customs Police of
the State Revenue Service shall have the status of a customs
authority.
[22 June 2017 / The new wording of the Section shall come
into force on 1 January 2018. See Paragraph 41 of Transitional
Provisions]
Section 15. Finance Inquiry
Authorities and Civil Servants
[16 January 1997]
Section 16. Rights of Civil Servants
(Employees) of the Tax and Customs Police of the State Revenue
Service in the Detection of Violations of Law in the Field of
State Revenues and Customs Matters
1. Civil servants (employees) of the Tax and Customs Police of
the State Revenue Service have the right to, in accordance with
the procedures laid down in law, perform operational activities
regarding issues within the competence of the State Revenue
Service. Civil servants of the Tax and Customs Police are
entitled to take measures of operational activities according to
the special method in accordance with the procedures laid down in
law and under a relevant authorisation by the Head of the Tax and
Customs Police.
2. The Tax and Customs Police of the State Revenue Service
shall perform an investigation of criminal offences in accordance
with the procedures laid down in the Criminal Procedure Law.
3. In order to detect and prevent criminal offences and other
violations of law, civil servants of the Tax and Customs Police
of the State Revenue Service have the rights laid down in Section
10, Paragraph one, Clauses 1, 2, 3 (except for the right to
determine the amount of payments and the amount of fine), 4, 5,
6, 7, 9, and 11, Paragraph two, Clause 8, and Section 13,
Paragraph two of this Law, and also the right:
1) to participate in inspections performed by civil servants
of the State Revenue Service;
2) to summon to a relevant State Revenue Service institution
any person in relation to the cases and materials the examination
of which falls within the competence of the Tax and Customs
Police of the State Revenue Service, but if the relevant person
fails to appear without a justifiable reason, to convey him or
her by force;
3) to check personal identification documents of persons
suspected of having committed violations of law, and also other
documents necessary to verify conformity with the legal
provisions the performance control and monitoring of which have
been assigned to the Tax and Customs Police;
4) within their competence in cases and in accordance with the
procedures laid down in law, to convey persons violating the law
to the premises of the State Revenue Service, to conduct an
inspection of such persons, to remove and inspect property and
documents, to hold under administrative arrest persons violating
the law, and to take other measures specified in law to ensure
record-keeping of administrative offences;
5) within their competence in accordance with the procedures
laid down in law, to arrest and convey persons who have committed
an administrative offence or who are suspected or have been
accused of committing criminal offences. The Cabinet shall
determine the procedures for conveying the detained and arrested
persons;
6) to use physical force, special means, and firearms in
accordance with the procedures laid down in this Law;
7) to receive from ministries, other State administration
authorities, financial institutions and credit institutions, and
local governments the reports of inspections and audits performed
thereby, and also any other information related to the records of
taxpayers and their economic and financial activity if the
relevant civil servant has been authorised for that in writing by
the Director General of the State Revenue Service, his or her
deputy, or the Head of the Tax and Customs Police or his or her
deputy.
4. The procedures by which confidential information at the
disposal of credit institutions shall be received and the cases
in which such information shall be received shall be determined
in the Credit Institution Law.
[16 January 1997; 18 June 1998; 25 October 2001; 13 March
2003; 16 June 2005; 12 June 2009; 22 June 2017; 5 December
2019 / Amendment to Paragraph three, Clause 1 regarding
the replacement of the words "in measures taken (..) and to draw
up administrative reports regarding detected offences" with the
words "in inspections performed" shall come into force on 1 July
2020. See Paragraph 43 of Transitional Provisions]
Section 16.1 Rights of
Civil Servants (Employees) of the Tax and Customs Police of the
State Revenue Service to Use Physical Force and Special Means
1. Civil servants (employees) of the Tax and Customs Police of
the State Revenue Service have the right to use physical force,
special fighting techniques, handcuffs, means of restraint,
batons, tear gas in order to:
1) repel an attack on civil servants of the State Revenue
Service who are performing service duties;
2) detain and convey persons violating the law to the premises
of the State Revenue Service and restrain the detained persons
during conveyance if such persons do not submit to or resist the
civil servants of the Tax and Customs Police or if there is a
reason to believe that they may escape or cause harm to other
persons nearby or to themselves;
3) stop intentionally wrongful resistance to lawful requests
made by civil servants of the Tax and Customs Police when
performing service duties;
4) protect the guarded object against illegal or other
threats.
2. The type of physical force and special means, and the
intensity of use of special means shall be determined by taking
into account the specific situation, the nature of the violation,
and the individual characteristics of the violator, restricting
as much as possible the harm done by such means. If persons are
injured as a result of the use of physical force or special
means, a civil servant (employee) of the Tax and Customs Police
of the State Revenue Service has an obligation to immediately
provide medical assistance to the injured persons and report the
incident to his or her immediate supervisor who shall notify the
Director General of the State Revenue Service and the prosecutor
of such incident. The civil servant (employee) of the Tax and
Customs Police of the State Revenue Service must immediately, as
soon as possible, report to his or her immediate supervisor in
writing on all cases of the use of special means.
3. It is prohibited to use special means (except for handcuffs
and means of restraint) and special fighting techniques against
women, persons with obvious signs of disability, and minors,
except for the cases where they commit an armed attack, and also
endanger the life or health of other persons, civil servants
(employees) of the State Revenue Service, or show armed
resistance. The Cabinet shall determine the types of special
means permitted for the Tax and Customs Police of the State
Revenue Service, the procedures for possessing, carrying, and
using thereof.
[16 January 1997; 25 October 2001; 13 March 2003; 16 June
2005; 22 June 2017; 5 December 2019]
Section 16.2 Rights of
Civil Servants (Employees) of the Tax and Customs Police of the
State Revenue Service to Use a Firearm
1. Shooting on purpose shall be deemed to be the use of a
firearm.
2. A civil servant (employee) of the Tax and Customs Police of
the State Revenue Service has the right to permanently possess
and carry a firearm issued to him or her for service needs. The
Cabinet shall determine the regulations and procedures for
possessing and carrying firearms available to civil servants
(employees) of the Tax and Customs Police of the State Revenue
Service.
3. A civil servant (employee) of the Tax and Customs Police of
the State Revenue Service is entitled to use a firearm in case of
extreme emergency in order to:
1) defend other persons and himself or herself from an attack
that actually endangers life or may do harm to health or to avert
an attempt to obtain a firearm by force;
2) repel a group attack or an armed attack on civil servants
(employees) of the Tax and Customs Police of the State Revenue
Service or other civil servants or employees of the State Revenue
Service who perform service duties;
3) detain an offender who has been surprised upon breaking in
or otherwise forcibly entering a guarded object or upon
committing another criminal offence if the offender is showing
resistance.
4. Civil servants (employees) of the Tax and Customs Police of
the State Revenue Service also have the right to utilise a
firearm in order to sound an alarm or summon help.
5. Before using a firearm, a warning shall be given, if
necessary, a warning shot shall also be fired.
6. A firearm may be used without warning if the attack is
sudden or if weapons, military equipment, or any other type of
mechanical means of transport are utilised in the attack.
7. It is prohibited to use and utilise firearms at locations
where other persons may be injured as a result of such use, and
it is also prohibited to use firearms against women and minors,
except for the cases where they commit an armed attack, show
armed resistance, or are part of a group attack that endangers
the life of other persons or civil servants (employees) of the
Tax and Customs Police of the State Revenue Service.
8. Civil servants (employees) of the Tax and Customs Police of
the State Revenue Service have the right to take out a firearm
and prepare it for shooting if they believe that the use or
utilisation thereof is not excluded in the particular
situation.
9. In all cases of use and utilisation of firearms, a civil
servant (employee) of the Tax and Customs Police of the State
Revenue Service must do his or her utmost to guarantee the safety
of other persons, and also to provide the necessary medical
assistance.
10. A civil servant (employee) of the Tax and Customs Police
of the State Revenue Service shall immediately, as soon as
possible, report to the Director General of the State Revenue
Service and the prosecutor in writing on each case of the
utilisation of a firearm.
[16 January 1997; 25 October 2001; 13 March 2003; 16 June
2005; 22 June 2017 / Amendment regarding the replacement
of the words "Financial Police" with the words "Tax and Customs
Police" shall come into force on 1 January 2018. See
Paragraph 41 of Transitional Provisions]
Chapter 5
Tasks of the State Revenue Service and Rights of Civil Servants
in the Field of Movement, Provision, and Supervision of Excisable
Goods
[14 October 1999; 25 October
2001]
Section 16.3 Tasks of the
State Revenue Service in the Field of Movement, Provision, and
Supervision of Excisable Goods
Tasks of the State Revenue Service in the field of movement,
provision, and supervision of excisable goods are as follows:
1) to issue and re-register special permits (licences) for
commercial activities involving excisable goods, permits and
statements for activities involving excisable goods, and also
certificates regarding granting of the status of a small
independent brewery;
2) to organise and perform control measures in the field of
movement of excisable goods;
3) to examine violations of regulations in respect of the
movement of excisable goods and to impose the sanctions provided
for in laws and regulations;
4) [3 June 2010];
5) to ensure the issue of excise duty stamps and the
supervision of the handling thereof;
6) to request, receive, systematise, and analyse information
related to the production and handling of excisable goods;
7) to determine the procedures for the sale and transportation
of excisable goods in cases where the special permits (licences)
and statements have ceased to be valid, and also the procedures
for the transportation of excisable goods in cases of removal,
destruction or in the cases of any other type of alienation
thereof;
8) to seal the metering devices, equipment, and tanks to be
used for the movement of excisable goods;
9) [12 October 2006];
10) [12 October 2006];
11) to accept and re-register the excise duty security
certificates, and also to control the use of excise duty
security;
12) [12 October 2006];
13) [12 October 2006];
14) to train the civil servants (employees) of the State
Revenue Service, and also to consult the persons related to the
handling of excisable goods on such issues related to the
application of the laws and regulations in the field of handling
of excisable goods that apply to such persons and have arisen as
a result of activities performed by the persons involving
excisable goods;
15) to carry out the tasks specified in other laws and
regulations.
[16 June 2005; 12 October 2006; 3 June 2010; 16 October
2014]
Section 16.4 Rights of
Civil Servants of the State Revenue Service in the Field of
Movement, Provision, and Supervision of Excisable Goods
Civil servants of the State Revenue Service performing service
duties in the field of movement, provision, and supervision of
excisable goods have the right:
1) upon presentation of a service identification document and
an authorisation of a higher civil servant, to perform control
measures in the locations of production, storage, sale, and
distribution of excisable goods, and also in other locations
related to the movement of such goods;
2) to request and receive any information from State and local
government institutions, merchants, and registered consumers, and
also to remove for inspection (expert-examination) or as material
evidence any documents and objects which relate to activities
involving excisable goods;
3) to perform inspections (expert-examinations) of excisable
goods, and also to transfer the removed excisable goods for
inspection (expert-examination), and to receive an opinion on the
conformity thereof with the requirements of the laws and
regulations;
4) to remove and confiscate excisable goods, and also tools
and objects related to the committing of a violation, if they are
located in places where unregistered activities involving
excisable goods have been performed, if they have been
acknowledged as material evidence, and if the excisable goods
have features of illegal origin, and also in other cases
specified in laws and regulations;
5) to transfer the removed excisable goods for storage until
the taking of the decision to confiscate them;
6) to remove and destroy glass, plastic, and other type of
packaging to be used for alcoholic beverages from which the
labelling intended for alcoholic beverages has not been
removed;
7) to cancel special permits (licences) for commercial
activities involving excisable goods, permits and certificates
for activities involving excisable goods, certificates regarding
granting of the status of a small independent brewery, excise
duty security certificates or to suspend the operation of such
documents in cases provided for in the laws and regulations in
the field of handling of excisable goods;
8) to perform the initial analysis of excisable goods at the
places related to the handling of excisable goods;
9) to put into effect international co-operation in the field
of supervision of movement of excisable goods and exchange of
experience;
10) to determine a deadline for the persons related to the
handling of excisable goods by which the violations of the laws
and regulations in the field of excisable goods determined should
be eliminated, and also to invite the person related to the
handling of excisable goods to appear at the State Revenue
Service.
[25 October 2001; 16 June 2005; 12 October 2006]
Chapter
5.1
Tasks of the Internal Security Department of
the State Revenue Service and Rights of Civil Servants Thereof in
the Detection of Violations of Law in the Actions of Civil
Servants (Employees) of the State Revenue Service
[22 June 2017 / The Chapter
shall come into force on 1 January 2018. See Paragraph 41 of
Transitional Provisions]
Section 16.5 Tasks of the
Internal Security Department of the State Revenue Service in the
Detection of Violations of Law in the Actions of Civil Servants
(Employees) of the State Revenue Service
The Internal Security Department of the State Revenue Service
shall have the following tasks:
1) to perform the operational activities specified in law in
order to detect and prevent criminal offences in the actions of
civil servants (employees) of the State Revenue Service which are
related to the fulfilment of their duties;
2) to conduct investigation in criminal cases regarding
criminal offences which have been determined in the actions of
civil servants (employees) of the State Revenue Service and are
related to the fulfilment of their duties.
[22 June 2017 / Section shall come into force on 1 January
2018. See Paragraph 41 of Transitional Provisions]
Section 16.6 Rights of
Civil Servants of the Internal Security Department of the State
Revenue Service
1. Civil servants of the Internal Security Department of the
State Revenue Service who have been authorised by the Head of the
Internal Security Department of the State Revenue Service have
the right to, in accordance with the procedures laid down in law,
perform operational activities in order to detect and prevent
criminal offences in the actions of civil servants (employees) of
the State Revenue Service that are related to the fulfilment of
their duties.
2. The Internal Security Department of the State Revenue
Service shall conduct an investigation of criminal offences which
have been determined in the actions of civil servants (employees)
of the State Revenue Service and are related to the fulfilment of
their duties in accordance with the procedures laid down in the
Criminal Procedure Law.
3. In order to detect and prevent criminal offences in the
actions of civil servants (employees) of the State Revenue
Service, civil servants of the Internal Security Department of
the State Revenue Service have the following rights:
1) to summon to the Internal Security Department of the State
Revenue Service any person in relation to the cases and materials
the examination of which falls within the competence of the
Internal Security Department of the State Revenue Service, but if
the relevant person fails to appear without a justifiable reason,
to convey him or her by force;
2) to check personal identification documents of persons
suspected of having committed violations of law, and also other
documents necessary to verify conformity with the legal
provisions the performance control and monitoring of which have
been assigned to the Internal Security Department of the State
Revenue Service;
3) within their competence in the cases and in accordance with
the procedures laid down in law, to convey persons violating the
law to the premises of the State Revenue Service, to conduct an
inspection of such persons, to seize and inspect their property
and documents;
4) within their competence in accordance with the procedures
laid down in law, to detain and convey persons who are suspected
or have been accused of committing criminal offences. The Cabinet
shall determine the procedures for conveying the detained and
arrested persons;
5) to use physical force and special means in accordance with
the procedures laid down in Section 16.1 of this Law.
The Cabinet shall determine the types of special means permitted
for civil servants of the Internal Security Department of the
State Revenue Service, the procedures for possessing, carrying,
and using thereof;
51) to use firearms in accordance with the
procedures laid down in Section 16.2 of this Law. The
Cabinet shall determine the regulations and procedures for
possessing and carrying firearms available to civil servants of
the Internal Security Department of the State Revenue
Service;
6) civil servants authorised by the Head of the Internal
Security Department of the State Revenue Service - to request
from ministries, other State administration authorities,
financial institutions and credit institutions, and local
governments any information related to the unlawful action of a
civil servant (employee) of the State Revenue Service;
7) civil servants of the Internal Security Department
authorised by the Director General of the State Revenue Service -
the right of civil servants of customs authorities specified in
Section 13, Paragraph eight of this Law to stop a vehicle for the
re-performance of customs control in the customs territory of the
Republic of Latvia and to transport it to the customs authority
for the re-performance of customs control in order to ensure
control of the fulfilment of the duties of civil servants of
customs authorities;
8) the rights specified in Section 10, Paragraph one, Clauses
1, 2, 5, 6, 9, and 12 of this Law, and also the rights to
participate in inspections performed by civil servants of the
State Revenue Service.
4. The procedures by which confidential information at the
disposal of credit institutions shall be received and the cases
in which such information shall be received shall be determined
in the Credit Institution Law.
[22 June 2017; 5 December 2019 / Clause 8 of
Paragraph three shall come into force on 1 July 2020. See
Paragraph 43 of Transitional Provisions]
Chapter 6
Status and Liability of Civil Servants and Employees of the State
Revenue Service, Dispute and Appeal Procedures for Their
Decisions, Material Security, Symbols and Seal of the State
Revenue Service
[25 October 2001 / 20 June
2002]
Section 17. Requirements to be
Brought Forward for Civil Servants and Employees of the State
Revenue Service
1. A person who complies with the requirements laid down in
Section 7 of the State Civil Service Law, and also the
requirement for an impeccable reputation may be a civil servant
of the State Revenue Service.
2. A person who complies with the following requirements may
be an employee of the State Revenue Service:
1) the person is a citizen or non-citizen of the Republic of
Latvia or a person who has received a permanent residence permit
in the Republic of Latvia;
2) the person is fluent in the Latvian language;
3) the person has higher or secondary education (in conformity
with the relevant work duties);
4) the person has not been convicted of intentional criminal
offences or has been rehabilitated or for whom the conviction has
been set aside or extinguished;
5) the person on whom a penalty prohibiting to hold a specific
position has not been imposed in relation to an administrative
offence case or a criminal case;
6) the person whose capacity to act has not been restricted by
a court;
7) the person is not or has not been a staff employee in the
State security service, intelligence or counter-intelligence
service of the U.S.S.R., the Latvian S.S.R. or any foreign
state;
8) the person is not or has not been a member of organisations
prohibited by law or by court rulings.
[27 September 2018; 5 December 2019]
Section 18. Procedures for the
Selection of Applicants for Vacant Positions of Civil Servants
and Assessment of Conformity with Positions of Civil Servants
1. A competition for vacant civil servant positions in the
State Revenue Service shall be announced in accordance with the
following procedures:
1) the Minister for Finance shall announce an open competition
for applicants to the position of the Director General of the
State Revenue Service on the vacancy portal of the State
Employment Agency;
2) the Director General of the State Revenue Service shall
announce an open competition for applicants to other positions of
civil servants of the State Revenue Service on the vacancy portal
of the State Employment Agency.
2. In the announcement of the competition, the requirements to
be brought forward for applicants to the position of a civil
servant according to the job description, and also the time
period for the application and the location where applications
are to be submitted shall be specified.
3. The time period for the application of applicants shall not
be shorter than 10 days and longer than 30 days from the day of
the announcement of the competition.
4. A competition for vacant civil servant positions need not
be announced if a civil servant of the State Revenue Service is
transferred to the relevant position from another unit by an
order of the Director General of the State Revenue Service.
5. The conformity of applicants for a vacant civil servant
position shall be assessed by a commission for assessment of
applicants and civil servants which shall be established by:
1) the Minister for Finance - for the competition for the
position of the Director General of the State Revenue
Service;
2) the Director General of the State Revenue Service - for the
competition for positions of civil servants of the State Revenue
Service;
3) [12 June 2009].
6. The commission for assessment of applicants and civil
servants shall select the applicant who best conforms to the
requirements brought forward in the job description of the civil
servant position and, giving reasons for the choice, recommend
the relevant candidate to the Minister for Finance or the
Director General of the State Revenue Service. The relevant civil
servant shall evaluate the recommendation of the commission for
assessment of applicants and civil servants and, in accordance
with the procedures laid down in this Law, take a decision to
appoint the applicant to the civil servant position.
7. The relevant institution shall publish the decision to
appoint the applicant to the position on the vacancy portal of
the State Employment Agency within 10 days after taking of the
decision.
8. An applicant who has participated in the competition has
the right to become acquainted with the recommendation of the
commission for assessment of applicants and civil servants and
the decision of the Minister for Finance or the Director General
of the State Revenue Service. The applicant has the right to
contest and appeal such decision in accordance with the
procedures laid down in the Administrative Procedure Law.
9. A repeat competition of applicants shall be announced
if:
1) no applicant has applied for the competition;
2) according to the decision of the commission for assessment
of applicants and civil servants, no applicant has the
professional preparedness conforming to the requirements brought
forward in the description of the civil servant position;
3) none of the applicants recommended by the commission for
assessment of applicants and civil servants has been recognised
to be appropriate for the relevant position by the relevant civil
servant referred to in Paragraph six of this Section.
[13 March 2003; 14 November 2008; 12 June 2009; 27
September 2018]
Section 19. Appointing of an
Applicant to Position of a Civil Servant
1. An applicant shall be appointed to the position of a civil
servant for an indefinite period of time by the Director General
of the State Revenue Service. An applicant may be appointed to
the position of a civil servant for a specific period. In such a
case, the service circumstances shall be indicated that determine
the appointment of an applicant to the position for a specific
period.
2. An applicant shall be appointed to the position of the
Director General of the State Revenue Service in accordance with
the procedures laid down in Section 4, Paragraph one of this
Law.
3. Upon appointing an applicant to the position of a civil
servant, the Director General of the State Revenue Service may
determine a probationary period that shall not exceed six
months.
4. Upon appointing an applicant to the position of a civil
servant for the first time, the Director General of the State
Revenue Service shall determine a probationary period of three to
six months.
[12 June 2009; 18 June 2015]
Section 20. Legal Protection of
Civil Servants of the State Revenue Service
1. Persons at fault shall be held liable, as laid down in
laws, for hindering the civil servants of the State Revenue
Service in the exercising of their lawful rights, for defamation,
for threats or violence directed against them, and also for the
endangerment of their lives in relation to the fulfilment of
service duties.
2. Civil servants of the State Revenue Service have the right
to carry a personal or service weapon or other special means for
the purposes of self-defence.
[1 December 2009]
Section 20.1 Benefits and
Compensations for a Civil Servant of the State Revenue Service
who Performs Service Duties Abroad in the Status of a Liaison
Officer
[1 December 2009]
Section 21. Liability of Civil
Servants and Employees
1. Civil servants and employees are prohibited, except for the
cases provided for in the law On Taxes and Fees, to disclose any
information on a taxpayer that has become known to the civil
servants or employees in the fulfilment of service duties. Civil
servants or employees at fault shall be held liable as specified
by the law for the disclosure of information.
2. [3 June 2010]
[3 June 2010]
Section 22. Contesting and Appeal
Procedures for Decisions and Orders of Civil Servants of the
State Revenue Service
1. Decisions taken (except for the cases referred to in
Paragraphs 2.1 and 2.2 of this Section, and
also decisions to impose administrative penalties) and orders
issued by civil servants of the State Revenue Service may be
contested in accordance with the procedures laid down in the
Administrative Procedure Law to the Director General of the State
Revenue Service. The decisions of the Director General of the
State Revenue Service shall be appealed to a court.
2. The State Revenue Service shall examine a submission
regarding contesting of the decisions and orders referred to in
Paragraph one of this Section and take a decision within a month.
The Director General of the State Revenue Service may extend the
time period for not more than four months from the day when the
submission of contesting was received.
2.1 The specific characteristics in the
administrative proceedings in relation to the decisions taken as
a result of control (inspection, revision) performed by civil
servants of the State Revenue Service, the decisions to reimburse
the overpaid tax amounts, the decisions to recover late tax
payments, the decisions to cover expenditure for recovery of late
tax payments, on an uncontested basis, from the resources of a
taxpayer or the decisions to apply the means for securing the
enforcement, and also the submission regarding contesting of such
decisions shall be determined in the law On Taxes and Fees.
2.2 Decisions of civil servants of the State
Revenue Service to extend (suspend, divide) a time period for the
payment of current taxes, late taxes, and taxes calculated as a
result of tax control (inspection, audit), late payment charges,
fines, and other payments to be transferred into budgets and
decisions on voluntary enforcement of late tax payments may be
contested and appealed within the time period specified in Part D
of the Administrative Procedure Law for the submission of a claim
regarding compulsory enforcement actions.
3. [12 June 2009]
4. An order of the State Revenue Service which has been issued
in accordance with Section 10, Paragraph two, Clause 4 of this
Law shall enter into effect from the time when it has been
notified to the relevant financial institution or credit
institution. Contesting or appeal of such order shall not suspend
the operation thereof.
[20 June 2002; 13 March 2003; 16 June 2005; 5 June 2008; 12
June 2009; 3 June 2010; 13 December 2012; 18 June 2015]
Section 23. Procedures for the
Reimbursement of Payments Incorrectly Recovered and Compensation
for Losses Caused Due to Unlawful Actions or Mistakes of Civil
Servants of the State Revenue Service
[8 October 2009]
Section 24. Material Security of the
State Revenue Service
The material security of the State Revenue Service shall be
formed from the following funds:
1) grants from general revenue of the State budget;
2) its own income from paid services provided;
3) foreign financial assistance.
[13 March 2003; 5 June 2008; 16 October 2014]
Section 25. Identification Documents
of Civil Servants and Employees of the State Revenue Service,
Service Ranks and Identifying Insignia of Civil Servants
1. Civil servants and employees of the State Revenue Service
shall have a service identification document the description and
sample of which shall be determined by the Cabinet.
2. Civil servants of the Internal Security Department, customs
authorities, the Tax and Customs Police of the State Revenue
Service shall be granted service ranks the titles and the
procedures for granting, preserving, demoting, and removing
whereof shall be determined by the Cabinet.
3. Upon performing service duties, civil servants of the
Internal Security Department, customs authorities, the Tax and
Customs Police of the State Revenue Service shall wear uniforms,
service rank identifying insignia, and badges the description of
which shall be determined by the Cabinet but the procedures for
wearing such by the Director General of the State Revenue
Service.
4. [18 June 2015]
5. [18 June 2015]
6. Upon performing service duties or work duties in customer
service halls, civil servants and employees of the State Revenue
Service shall wear similar style working clothes the description
of and the procedures for wearing whereof shall be determined by
the Director General of the State Service Revenue.
[12 October 2006; 5 June 2008; 13 December 2012; 16 October
2014; 18 June 2015; 22 June 2017; 27 September 2018]
Section 25.1 Right of a
Civil Servant to Wear a Ceremonial (Parade) Uniform with whom
State Civil Service Relations Have Been Terminated or who Has
Been Transferred to Another Position and who Has Been Granted A
Service Rank Previously
1. A civil servant with whom State civil service relations
have been terminated in the State Revenue Service or who has been
transferred to another position in the State Revenue Service and
who has been granted a service rank previously has the right to
wear a ceremonial (service) uniform at the events of public
holidays, remembrance days, or days of significance, at an event
of the State Revenue Service or unit thereof, and also at any
other event in the Republic of Latvia or abroad which is
supported by the State Revenue Service and in which officials of
the State Revenue Service participate.
2. The right referred to in Paragraph one of this Section
shall not apply to a civil servant who has been removed from the
position of a civil servant in the State Revenue Service:
1) due to failing the probationary period;
2) due to non-conformity to the position;
3) due to non-conformity to the mandatory requirements for a
civil servant;
4) in accordance with a court judgement in a criminal
case;
5) upon applying a disciplinary penalty - removal from the
position of a civil servant.
3. The civil servant referred to in Paragraph one of this
Section has the right to purchase, using his or her personal
means, and wear the ceremonial (parade) uniform specified in laws
and regulations according to the last service rank granted.
4. Upon wearing the ceremonial (parade) uniform, the civil
servant referred to in Paragraph one of this Section shall
respect the general standards of public decency and ethical
principles and shall refrain from any activities discrediting the
State Revenue Service.
5. If the civil servant referred to in Paragraph one of this
Section fails to respect the general standards of public decency
or ethical principles and discredits the State Revenue Service
through his or her actions, the Minister for Finance or the
Director General of the State Revenue Service may deprive the
civil servant of the right to wear the ceremonial (parade)
uniform.
[18 June 2015]
Section 26. Symbols and Seal of the
State Revenue Service
1. The State Revenue Service shall have a seal with the
supplemented lesser State Coat of Arms of Latvia and the name of
the service.
2. [12 June 2009]
3. [16 October 2014 / See Paragraph 33 of Transitional
Provisions]
[12 June 2009]
Chapter 7
Specialised State Civil Service Career Path in the State Revenue
Service
[25 October 2001]
Section 27. Transfer to Another
Position
The procedures for the transfer of civil servants of the State
Revenue Service shall be determined by the State Civil Service
Law.
[13 March 2003]
Section 28. Disciplinary
Liability
1. The grounds for disciplinary liability of civil servants of
the State Revenue Service, the types of disciplinary violations
and the applicable disciplinary penalties, and also the
procedures for the examination of issues regarding holding civil
servants to disciplinary liability shall be determined by the Law
on Disciplinary Liability of State Civil Servants.
2. [12 June 2009]
3. A civil servant may contest a decision of the Director
General of the State Revenue Service to apply disciplinary
penalty to the commission for examination of disciplinary matters
created by the Ministry of Finance within one month from the day
when the decision entered into effect. A civil servant may appeal
a decision of the commission that has been taken in relation to
the application of disciplinary penalty to a court in accordance
with the procedures laid down in the Administrative Procedure
Law.
[12 October 2006; 12 June 2009]
Section 28.1 Procedures
for Contesting and Appealing Administrative Acts of the Director
General of the State Revenue Service in the Field of State Civil
Service
A civil servant may contest the administrative act issued by
the Director General of the State Revenue Service in the field of
State civil service, except for a decision to apply a
disciplinary penalty, to the Ministry of Finance. A civil servant
may appeal the decision taken by the Ministry of Finance with
regard to the contested administrative act by the Director
General of the State Revenue Service in the field of State civil
service in accordance with the procedures laid down in the
Administrative Procedure Law.
[16 October 2014]
Section 29. Termination of the State
Civil Service Relations
[8 October 2009]
Transitional
Provisions
1. The Ministry of Finance shall, by 1 November 1993, submit
to the Cabinet the proposals on the personnel of the State
Revenue Service and calculations of budget allocations for the
fourth quarter of 1993 and for 1994.
2. The establishment of the State Revenue Service shall be
fully completed by 1 April 1994.
3. With the coming into force of this Law, the law On the
State Finance Inspection of Latvia is repealed.
4. Regulations in relation to the fulfilment of the law On the
State Revenue Service shall be adopted by the Cabinet.
5. Section 10, Paragraph four of this Law shall come into
force concurrently with the relevant amendments to the Latvian
Civil Procedure Code.
[18 June 1998]
6. Amendments to Sections 2 and 3, Section 4, Paragraph two,
Clause 6, Section 22, Paragraph one, and the new Chapter 5 of
this Law shall come into force concurrently with the relevant
amendments to the Handling of Alcohol Law.
[14 October 1999]
7. The amendment on the deletion of Section 24, Paragraph four
of this Law shall come into force on 1 January 2000.
[14 October 1999]
8. The State Revenue Service shall assume the rights and
obligations of the Excise Goods Department at the moment when it
has assumed fully such rights and obligations in accordance with
the procedures stipulated by the Cabinet.
[14 October 1999]
9. The following, issued by the Excise Goods Department:
1) special permits (licences) in the field of handling of
alcohol - shall be re-registered with the State Revenue Service
within the time period determined in the special permit
(licence);
2) special permits (licences) in the field of handling of
tobacco, tobacco products, precious metals, precious stones and
articles thereof, and also in the field of handling of fuel -
shall be valid up to the end of the time period determined in the
special permit (licence);
3) permits and certificates issued for a time period not
exceeding one year shall be valid until the end of the time
period determined therein.
[14 October 1999]
10. The conditions in Section 4, Paragraph two, Clause 4 and
Section 5, Paragraph one of this Law regarding the appointing to
position of the directors of territorial offices of the State
Revenue Service for a time period not exceeding four years shall
be applicable also to such directors of the territorial offices
of the State Revenue Service who were appointed to the positions
before the time of the coming into force of these Sections.
[14 October 1999]
11. The requirement on higher education referred to in Section
17, Paragraph one, Clause 3 of the Law shall be applied from 1
August 2007 to civil servants who hold a position of a civil
servant in the State Revenue Service on the day of coming into
force of this Law. A civil servant of the State Revenue Service
who has not commenced studies in a higher education institution
by the day of coming into force of this Law shall commence
studies in a higher education institution by 1 October 2002 and
submit to the Director General of the State Revenue Service or
the director of the territorial office a statement on the
commencing of studies issued by the higher education institution.
A civil servant who studies in an higher education institution
shall, by 15 October every year, submit to the Director General
of the State Revenue Service or the director of the territorial
office a statement on the continuation of studies issued by the
higher education institution. A civil servant who has not
commenced studies in a higher education institution by the time
period determined in this Paragraph or he or she does not
continue studies and has not submitted the statement referred to
in this Paragraph shall be removed from the position of a civil
servant in the State Revenue Service in connection with
non-conformity to the position. If six years or less have
remained until attaining the retirement age for a civil servant
of the State Revenue Service as determined by the State on the
day of coming into force of the State Civil Service Law, he or
she is permitted to hold a position of a civil servant without
higher education.
[25 October 2001; 20 June 2002]
12. [16 June 2005]
13. Section 20, Paragraph seven of this Law shall come into
force on 1 January 2002.
[25 October 2001]
14. The norms of Section 25, Paragraphs two and three of this
Law related to the service ranks intended for civil servants of
the customs authorities shall come into force on 1 July 2002.
[25 October 2001]
15. Section 28, Paragraph one of this Law in relation to other
cases of disciplinary penalties of civil servants specified in
law shall be applied in accordance with the Cabinet Regulation
No. 158 of 16 August 1994, On Disciplinary Penalties for Civil
servants, up to the day of coming into force of the Law on
Disciplinary Penalties for Civil Servants.
[25 October 2001]
16. Amendments to Sections 2 and 8 of this Law shall come into
force on 1 August 2002.
[20 June 2002]
17. Within the meaning of this Law the term "merchant" also
means such cultural institutions, educational institutions, and
scientific institutions which operate as State or local
government non-profit organisations and which in accordance with
the Law on Procedures for the Coming into Force of the Commercial
Law are being transformed or liquidated, and also individual
undertakings, farms and fish farms, and cooperative
societies.
[16 June 2005]
18. Amendments to Section 3, Paragraph five of this Law
regarding the substitution of the term "inquiry institution" with
the term "investigator", amendments to Section 16, Paragraph two
of this Law in relation to the rights of the Finance Police to
perform an investigation in accordance with the procedures laid
down in the Criminal Procedure Law, and amendments to Section 28,
Paragraph fourteen, Clause 3 in relation to the term
"commencement of criminal proceedings" shall come into force
concurrently with the Criminal Procedure Law.
[16 June 2005]
19. Until the day of coming into force of the Criminal
Procedure Law, the term "investigation" used in the Law means
"inquiry" and the term "Criminal Procedure Law" - "Latvian
Criminal Procedure Code".
[16 June 2005]
20. Amendment to Section 20, Paragraph three of this Law in
relation to the determination of supplement for a service rank in
addition to the monthly wages of civil servants of the State
Revenue Service, amendment to Section 25 in relation to
supplementation of the Section with Paragraph four, amendment to
Section 28 in relation to the new wording of the Section, and
amendment to Section 29, Clause 1, Sub-clause "i" and in relation
to deletion of Sub-clause "k" shall come into force on 1 January
2007.
[12 October 2006; 5 June 2008]
21. Amendment to Section 25 in relation to supplementation of
the Section with Paragraph five shall come into force on 1 March
2007.
[12 October 2006]
22. Until the day of coming into force of new Cabinet
regulations referred to in Section 25, Paragraphs two and four of
this Law but not later than until 1 December 2008, Cabinet
Regulation No. 76 of 1 February 2005, Regulations Regarding
Service Ranks of Civil Servants of the Customs Authorities, and
Cabinet Regulation No. 122 of 13 February 2007, Regulations
Regarding Service Ranks of Civil Servants of the State Revenue
Service Finance Police, shall be applied, insofar as they are not
in contradiction with this Law.
[5 June 2008]
23. The remuneration provided for in accordance with this Law
(monthly wage, supplements, compensations, benefits, etc.) in
2009 shall be determined in accordance with the law On
Remuneration of Officials and Employees of State and Local
Government Authorities in 2009.
[12 December 2008]
24. Until making of the relevant amendments to other laws and
regulations, the term "territorial unit of the State Revenue
Service" means "the State Revenue Service".
[12 June 2009]
25. Until reorganisation of the State Revenue Service is fully
completed but not longer than until 1 November 2009, territorial
units of the State Revenue Service shall continue the execution
of the tasks determined for them and the implementation of the
rights laid down in laws and regulations in accordance with the
laws and regulations which were in force on the day when
amendments to the law On the State Budget for 2009 adopted in
June 2009 came into force. Territorial units of the State Revenue
Service shall cease their existence when the functions, tasks,
and matters are completely transferred to the units stipulated by
the Director General of the State Revenue Service.
[12 June 2009]
26. Amendment to Section 10, Paragraph two, Clause 16 of this
Law shall come into force concurrently with the relevant
amendments to Section 26.1 of the law On Taxes and
Fees.
[8 October 2009]
27. Section 10, Paragraph 2.2 of this Law shall
come into force concurrently with amendments to the Public
Benefit Organisation Law, providing for that a decision to grant
the status of a public benefit organisation and removal thereof
shall be taken by the State Revenue Service.
[1 December 2009]
28. Amendment to Section 11 in relation to deletion of
Paragraph three of this Section shall come into force on 1 July
2011.
[3 June 2010]
29. Section 4, Paragraph two, Clause 22 of this Law shall come
into force on 1 January 2013.
[21 June 2012]
30. Amendment to Section 10, Paragraph two, Clause 18, Section
10, Paragraph two, Clause 18.1 of this Law, and also
amendments to informative reference to European Union directives
shall come into force concurrently with the relevant amendments
to the law On Taxes and Fees.
[13 December 2012]
31. The new wording of Section 25, Paragraph five of this Law
shall come into force on 1 July 2013.
[13 December 2012]
32. Amendments to Section 10 of this Law in relation to the
supplementation of Paragraph two with Clause 27 shall come into
force on 1 January 2014.
[6 November 2013]
33. Amendment to Section 26 of this Law regarding the deletion
of Paragraph three shall come into force on 1 January 2015.
[16 October 2014]
34. Until making of the relevant amendments to other laws and
regulations, the term "Customs Fraud Office" means the term
"Customs Police".
[16 October 2014]
35. The Cabinet shall, by 1 October 2016:
1) submit to the Saeima amendments to the State Civil
Service Law that aim to determine that a person with regard to
whom consequences of the effect of an administrative penalty
prohibiting to hold the position of a public official have not
remained may be eligible for the position of a civil servant;
2) assess the possibility to apply an ancillary administrative
penalty - a prohibition to hold positions of public officials -
more extensively for violations in the field of prevention of
corruption and, where necessary, submit to the Saeima
corresponding amendments to Chapter Twelve "c" "Administrative
Violations in the Field of Prevention of Corruption" of the
Latvian Administrative Violations Code.
[2 June 2016]
36. [27 September 2018]
37. Section 4, Paragraph two, Clause 18.1 of this
Law shall come into force concurrently with the relevant
amendments to the Latvian Administrative Violations Code.
[29 September 2016]
38. Until making of the relevant amendments to other laws and
regulations, the terms "Financial Police" or "Customs Police"
means the term "Tax and Customs Police".
[22 June 2017 / The Clause shall come into force on 1
January 2018. See Paragraph 41 of Transitional
Provisions]
39. Until the day of coming into force of the new Cabinet
regulations referred to in Section 25, Paragraphs two and three
of this Law but not later than until 1 June 2018, Cabinet
Regulation No. 65 of 27 January 2009, Regulations Regarding
Service Ranks of Civil Servants of the Customs Authorities and
the Financial Police of the State Revenue Service, and Cabinet
Regulation No. 705 of 3 September 2013, Regulations Regarding
Uniforms, Badges and Service Rank Identifying Insignia of Civil
Servants of the Customs Authorities and Financial Police of the
State Revenue Service, shall be applicable, insofar as they are
not in contradiction with this Law.
[22 June 2017 / The Clause shall come into force on 1
January 2018. See Paragraph 41 of Transitional
Provisions]
40. Until completion of the merger of the Financial Police and
the Customs Police but not later than by 1 January 2018, the
relevant units of the State Revenue Service shall continue
performing the tasks assigned thereto and exercising the rights
specified in laws and regulations. The Financial Police and the
Customs Police shall cease to exist when the functions, tasks,
and cases are completely transferred to the units specified by
the Director General of the State Revenue Service.
[22 June 2017 / The Clause shall come into force on 1
January 2018. See Paragraph 41 of Transitional
Provisions]
41. Amendments to Section 3 of this Law, amendments to Section
13 regarding the deletion of Paragraph seven, amendments to
Section 13.1 regarding the deletion of this Section,
amendments to the title of Chapter 4, Sections 14, 16,
16.1, and 16.2 and Chapter 5.1,
and also amendments to Section 25, Paragraphs two and three, and
Paragraphs 38, 39, and 40 of these Transitional Provisions shall
come into force concurrently with the relevant amendments to the
Criminal Procedure Law.
[22 June 2017]
42. The Cabinet shall, by 1 March 2020, issue the regulations
provided for in Section 16, Paragraph three, Clause 5, and
Section 16.6, Paragraph three, Clauses 4, 5, and
5.1 of this Law.
[5 December 2019]
43. Amendments to Section 4, Paragraph two, Clause 18, Section
10, Paragraph one, Clause 12, Section 16, Paragraph three, Clause
1, and Section 16.6, Paragraph three, Clause 8 of this
Law shall come into force concurrently with the Law on
Administrative Liability.
[5 December 2019]
44. The Cabinet shall, by 31 July 2023, issue the regulations
provided for in Section 4.3, Paragraphs five and six
of this Law.
[30 March 2023]
Informative
Reference to European Union Directives
[16 June 2005; 5 June 2008; 8
October 2009; 15 March 2012; 13 December 2012; 22 June
2017]
This Law contains norms arising from:
1) [8 October 2009];
2) [8 October 2009];
3) [8 October 2009];
4) [8 October 2009];
5) [13 December 2012];
6) [13 December 2012];
7) [13 December 2012];
8) [13 December 2012];
9) [13 December 2012];
10) [15 March 2012];
11) Council Directive 2010/24/EU of 16 March 2010 concerning
mutual assistance for the recovery of claims relating to taxes,
duties and other measures;
12) Council Directive 2011/16/EU of 15 February 2011 on
administrative cooperation in the field of taxation and repealing
Directive 77/799/EEC;
13) Directive (EU) 2016/343 of the European Parliament and of
the Council of 9 March 2016 on the strengthening of certain
aspects of the presumption of innocence and of the right to be
present at the trial in criminal proceedings.
The Law has been adopted by the Saeima on 28 October
1993.
President G. Ulmanis
Rīga, 11 November 1993
1The Parliament of the Republic of
Latvia
Translation © 2023 Valsts valodas centrs (State
Language Centre)