"Taxes are the price we pay for the opportunity to live in a civilized society".
Head of tax law practice
An expert in the practice of tax law, specializes in the protection of rights in court, corporate law.
Case: Helped to unblock tax invoices of a company that had the status of a risky taxpayer
The client’s problem: blocked tax invoices, the status of a risky payer according to item 8 of the risk criteria.
For legal assistance, the company turned to our Law Firm “Prikhodko&Partners” with a request to unblock tax invoices. At the time of applying for help, the Client received a significant number of decisions on refusal to register tax invoices.
The difficult issue in this situation was that the Client’s enterprise was included in the list of risky according to clause 8 of the risk criteria. The Client had the status of risky both during the submission of tax invoices for registration and during the consideration of explanations and complaints.
In addition, the administrative appeal procedure had to be carried out quite promptly, since according to clause 56.3 of Art. 56, the deadline for submitting a complaint is 10 working days from the moment of receiving a negative decision.
While preparing complaints about the decision to refuse registration of tax invoices, our Law Firm analyzed in detail the essence of the disputed business transactions taking into account the supply chain and critically assessed the objective ability of the Client’s enterprise to perform work in the declared volumes.
In order to strengthen its position in the complaints, the process of purchasing the product, storing it, transporting it and selling it was described in detail and step by step. Accordingly, all primary documents confirming the occurrence of a certain event were provided. Also, special attention was paid in the complaint to the lack of any argumentation on the part of the Main Department of the State Tax Administration when making controversial decisions about the refusal to register tax invoices.
As a result of the work done, the Client’s company received a decision to register tax invoices as a result of the complaints review and it did not have to apply to the district administrative court with a corresponding claim.
So, our Law Office “Prikhodko&Partners” has once again proven that tax invoices can be registered even if they are on the list of risky according to Clause 8.