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.
Client: individual entrepreneur (IE) on the III group of the single tax.
Desired result: reinstatement of the client’s single taxpayer status; confirmation of the legality of income and the absence of tax reporting violations; prevention of accrual of tax liabilities under the general tax system and VAT.
The client, a sole proprietor in Group III of the single tax system, filed her 2023 tax return on time, with her actual income not exceeding the statutory limit. Despite this, the tax service, based on its own interpretation of the Tax Code, removed her from the register of single tax payers. This risked the client losing her eligibility for the simplified tax system and facing accrual of tax liabilities under the general system, including VAT.
After analyzing the situation, it was established:
The tax authorities illegally revoked the client’s single tax status;
The client’s rights to the simplified tax system were violated;
There was a risk of being charged fines and penalties for “debt” that did not actually exist.
Decision
Our tax attorney, Yulia Panasyuk, prepared and filed an administrative lawsuit to overturn the tax authority’s decision and reinstate the single taxpayer’s status. The lawsuit stated:
the client’s actual income does not exceed the established limit;
violation of the deregistration procedure;
references to provisions of the Tax Code of Ukraine and administrative court practice in protecting the rights of single taxpayers.
Appeal to the court: a claim was filed with the relevant district administrative court regarding the restoration of the status of a single tax payer during the consideration of the case.
The court fully satisfied the claim:
the single taxpayer’s status was restored;
the tax authority was obligated to make the corresponding entries in the register;
the client retained the right to use the simplified tax system without penalties.
This case demonstrates that even if the tax service misinterprets a taxpayer’s rights, they have every right to defend themselves in court. Professional legal assistance can restore violated rights, so don’t neglect to consult a tax dispute attorney. If you have any questions, you can receive a personalized tax consultation. Fill out the form on our website, and our attorney will contact you shortly.
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