The legal technicalities regarding disputed situations

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.