The attorneys and tax advisers of our office are thoroughly involved in solving complicated matters. Good if possible, angry as it should. With great commitment to our clients. Perfect for people who are looking for a ‘robust’ solution to their problem. 

We started in 2001 with heavyweights in the field of corporate litigation and advice, financial law and tax law. Started as ‘small but brave’, we have grown rapidly to around 45 lawyers and tax consultants.

Clients experience us as ‘on the ball’: quick and solution-oriented. They value the personal style of our partners, our accessibility and clarity. 

We have been at the cradle of the largest mass settlement in the field of liability law in the Netherlands (Dexia) so far and have assisted a bank / insurer in the usury policy issue. We assist Supervisory Board members in one of the largest bankruptcies that the Netherlands has seen in recent decades (KPNQwest), assist the VEB in its proceedings against Fortis and the Dutch State, and we advised the hedge fund on the largest battle for a Dutch bank ever. We are focused on preventing problems with the AFM and DNB, but if necessary also a formidable opponent of these supervisors.

In the field of tax, we specialize in litigation and advice in the national and international planning of companies and of high net worth Dutch people. We strive for innovative but always practical solutions, where necessary in cooperation with foreign top offices.

Spigthoff has now built up a formidable name. That is because quality, focus and guts are central to us.

Appealing decisions of tax authorities to a higher authority is less effective than appealing decisions of claims to an arbitration court, but is mandatory. However, when considering a disputed situation, it is always necessary to analyze all the ways of appeal based on the specific situation. Execution of an application submitted to the arbitration court for such disputes is different from the claim. The parties in these legal relations are called the applicant (the person who applied to the court) and the person concerned (the opposite side). In the process of proving such cases, the following features are taken into account as a general rule (arbitration procedure code and civil procedure code). Each party must prove the facts to which it refers. However, if a non regulatory legal act is disputed, then the official who adopted it must prove the legality and validity of such an act. Thus, the fiscal authority is obliged to prove the legality of the act of this institution appealed by the taxpayer.

The importance of knowing the inspection materials

It is important to know that the inspection materials (office, exit) and other documents held by the tax authorities, obtained in violation of the norms of the Tax Code of the Federation, cannot be used as evidence. The applicant has the right to file a petition to the court to suspend the execution of the act being appealed, the act or decision of the fiscal authority. All preliminary legal advice on disputes in this category is free. Our staff will give you as much time as you need. Only after that, if you are satisfied with the specialists of the company, we will be able to represent your interests in court. The following are some of the salient aspects.

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1) Support of tax control measures cameral, on site, counter checks and pre audit activities what documents the tax authority is entitled to request and for what period order of submission of documents, copies interrogation of witnesses tricks of inspectors submission of explanations by the taxpayer inspection of premises and seizure of documents carrying out examinations and involvement of a specialist.

2) Preparation of objections to the tax audit report and participation in the consideration of objections what arguments to declare and what documents to attach when the inspectorate is not entitled to impose a fine, arrears and penalties familiarization with the materials of verification and receipt of copies of documents confirming the tax offense “Tax reconstruction” and the filing of an updated tax return legal dispute resolution work with overpayments.

3) Support for additional tax control measures what measures the tax authority may hold.

4) Suspension of transactions on the taxpayer’s accounts, arrest of property before the inspection decision enters into legal force   when there is such a risk.

5) Appeal and other pre trial appeal of the decision of the tax authority significant and insignificant violations of the tax audit, repeated tax audits (appointment risks and deadlines).

 

6) Collection of tax debts from third parties and granting a delay in payment of debt.

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Currently, taxpayers can defend their interests not only in court but also in tax authorities, which are hierarchically above the authority that issued the controversial decision. And let taxpayers are convinced that the superior tax authority will dismiss their demands, since, in their opinion, all tax authorities act at the same time, however, this does not cancel the efficiency of appeals procedures of tax authorities in higher instances of the FTS. According to the latest innovations, it is necessary to appeal against the actions of the tax authorities on the results of both on-site tax audits and desk audits, it is necessary in the pretrial order. To do this, the tax authority filed objections in writing. Let us consider in detail the entire procedure for appealing tax inspection decisions.

The procedure of objection

Drawing up the text of the appeal, you should, first of all, list the points of the act with which you disagree. Here you should also refer to the documents of your organization, which would confirm your correctness in the dispute. The latter should be endorsed in the prescribed manner by the head and certified by the seal of the organization. According to paragraph six of Article hundred of the Tax Code, objections to a tax audit report can be filed within one month from the date of receipt of the tax audit report. Clarifications and additions to written objections can be added, but if only the month for the objection has not passed. Upon the expiration of this period, the tax authority notifies the taxpayer in writing of the place and time for reviewing the materials of the audit. At the same time, the payer or his representative is not required to be present in person when considering objections. However, the presence of free will is advisable, since some points of contention can be explained orally, and such explanations should be recorded in the minutes.

The objections procedures in details

Article 101 of the RF Tax Code regulates in detail the procedure for the consideration of objections. The direct management of the procedure is carried out by one of the heads of the tax authority that conducted the inspection. In the process of consideration, an authorized employee of the tax authority shall state the essence of the tax violations committed. In response, the taxpayer should briefly explain the essence of the objections (they should be set out in writing). This procedure, in fact, ends. Further, within 10 working days from the end of the period set aside for the taxpayer to file objections, the official in charge of the procedure for examining objections must decide to prosecute (or not to prosecute) to tax liability. This period may be extended, but only for one month.

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Pickleball happens to be a racket sport that joins components of paddle, tennis, table tennis and badminton. It gets played along with one racket and a punctured plastic ball on a badminton court over a tennis net. Pickleball is typically played in duplicates yet in addition in singles for those searching for a greater test. It’s an all-season sport that can be played both inside and outside.