Panasiuk Yulia

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Lawyer, expert in tax law, protection of clients' interests in tax disputes, provision of professional advice on tax issues, appeal of unlawful decisions of tax authorities, optimization of tax burden.

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Case: Over UAH 945,000 in tax liabilities and penalties canceled in the OnlyFans case

Tax practice
Reading time: 4 min.

Client’s situation

A client contacted the Law Firm “Prikhodko & Partners” after receiving four tax notices-decisions from the Main Department of the State Tax Service in the Dnipropetrovsk region, which additionally charged her with over 945,000 UAH of tax liabilities and penalties.

The tax authority determined that the client allegedly received income from the British company Fenix ​​International Ltd (OnlyFans platform) and failed to pay personal income tax as the basis for such additional charges.

In fact, the State Tax Service concluded that there was income, referring to information received from the competent authority of the United Kingdom, without proper documentary confirmation.

What did we do first?

After concluding the agreement, the tax lawyer of the Law Firm “Prikhodko & Partners” immediately began a comprehensive analysis of the situation.

In particular, the following was done:

  • Tax audit materials and documents on the basis of which the tax notices-decisions were issued were requested;
  • the inspection report and all evidence used by the tax authority were analyzed;
  • a violation of the inspection procedure and the unproven conclusions of the supervisory authority were established;
  • a legal position for a court appeal was formed.

It was a detailed analysis of the case materials that made it possible to find out that the tax authority did not have sufficient evidence to additionally assess tax liabilities.

Over UAH 945,000 in tax liabilities and penalties canceled in the OnlyFans case

Support for appealing tax notices-decisions regarding income from OnlyFans in court

Our lawyer for OnlyFans models Yulia Panasyuk prepared and filed an administrative lawsuit to cancel the tax notices-decisions. The court proved that the State Tax Service did not confirm with proper and admissible evidence the fact that the client received income from Fenix ​​International Ltd.

The tax authority referred exclusively to information received within the framework of international exchange with the competent authority of the United Kingdom. At the same time, this information did not contain documents confirming the actual payment, the procedure for settlements, the movement of funds or other primary documents necessary to establish a tax liability.

In addition, even the State Tax Service of Ukraine in its internal explanations noted that such information requires additional verification and documentary confirmation, which must be obtained by the territorial body during the inspection. However, the defendant did not collect such evidence.

The court agreed with our legal position and noted that the supervisory body did not fulfill its obligation to properly prove the legality of the adopted tax notices-decisions.

Over UAH 945,000 in tax liabilities and penalties canceled in the OnlyFans case Result

The Dnipropetrovsk District Administrative Court fully satisfied the claim filed by the lawyer. All tax notices-decisions were recognized as unlawful and canceled, which allowed the client to avoid unjustified payment of more than 945,000 UAH in taxes and penalties.

This case once again confirms that appealing tax notices-decisions regarding income from OnlyFans can be successful if the tax authority does not have proper evidence, and the interests of the taxpayer are protected by a professional specialist.

 

Over UAH 945,000 in tax liabilities and penalties canceled in the OnlyFans case Legal support from a tax lawyer of the Law Firm “Prikhodko & Partners” in the case regarding income from OnlyFans

If you have received a tax notice-decision from the State Tax Service of Ukraine, do not delay. The sooner the lawyer begins analyzing the documents, the more opportunities for an effective administrative or judicial appeal.

Specialists of the Law Firm “Prikhodko & Partners” will analyze the inspection materials in detail, assess the legality of the actions of the regulatory authority, determine the prospects for canceling the tax notices-decisions, and propose the optimal defense strategy. We provide not only legal advice, but also full comprehensive support – from document analysis and preparation of a legal position to representing your interests in the State Tax Service and courts of all instances.

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Have you worked on the OnlyFans platform?

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Have you received a letter from the tax office?

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3 question

Do you need legal assistance with a tax attorney regarding your income on the OnlyFans platform?

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