Abstract:

There are two different arrangements regarding the responsibility of legal representatives in Procedure of Tax Law numbered 213 and The Law of Leviation of Public Claims Procedure numbered 6183. In order to determine the responsibility of legal representatives, which legal provision will be executed. Since the first one, namely Procedure of Tax Law is a more private law than The Law of Leviation of Public Claims Procedure, Procedure of Tax provisions would be executed. In this manner, the conditions in Procedure of Tax would be asked for the responsibility of legal representatives. These conditions require fault of the legal representative and not being able to collect the receivable from the taxpayer or the person responsible from tax payment. Thus, according to the Procedure of Tax Law, at first government should ask for the property of the taxpayer or the person responsible from tax payment. Since asking for the property of the taxpayer or the person responsible from tax payment means implementing compulsory performance law, it is impossible to decree provisional attachment about the legal representative

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