Abstract:
Taxpayers have constitutional rights that deserve protection against any violation. Tax
administrators have as their primary objective collecting more taxes; therefore, they may
overlook some rights, or they may violate some rights. Law makers, especially when the
executive has a strong leverage on them, may also enact laws that give immense and
unchecked powers for the tax authority thinking these laws create efficiency in tax
administration. All this indicates that taxpayers are susceptible to Violation of the right to
access to justice of the taxpayers.
This research aims at investigating whether there are adequate procedural and institutional
frameworks which can adequately and meaningfully ensure the right of access to justice for
taxpayers in civil proceedings. This thesis is to evaluate whether the tax structure has
enhanced access to justice to the taxpayers and fairness of the tax dispute process in
enforcing and implementing taxpayers’ rights in a dispute with the tax authorities is
examined in the case of Addis Ababa city. The research then explores at taxpayers’ access to
justice under Ethiopia's present tax dispute settlement, with a focus on Addis Ababa City.
The research methodology employed dominantly a doctrinal research method. This research
analyses the right to access to justice of taxpayers in tax dispute resolution process in Addis
Ababa city administration and develop reform proposals to enhance the fairness of the
process by comparative analysis.
The legal and institutional framework governing tax dispute resolution mechanism in
securing the right to access to justice of the taxpayer is less effective, less fair process and
not sufficiently promoted taxpayer’s right in Ethiopia. The tax dispute system is still seriously
skewed towards the interest of the government since it has not adequately guaranteed the
rights of the taxpayer’s access to justice. Therefore, the author recommends that the
problems identified need to be addressed by amending the tax laws that regulate the tax
dispute proceeding’s to adequately guaranteed the rights of the taxpayer’s access to justice.