APPEAL OF THE RISK DECISION. PRACTICAL EXPERIENCE

When a company falls into the category of risky, it puts an imprint on all its activities and creates a number of unnecessary complications.

• First, counterparties will not be able to get a tax credit, which will lead to deterioration of business relations, loss of "own place" in the market and other losses. The reputational factor will begin to act, which will have a bad effect on the very image of the enterprise.
• Secondly, the DPS uses the fact that the company is on the risk list as an unconditional basis for blocking tax invoices. This creates a lot of groundless artificial problems for the enterprise. So, if your company needs to be excluded from the risk list, the team of the Prykhodko and Partners law office is ready to help with this.

P. 8 risk criteria

When it comes to risk criteria, there are 8 of them - starting with obvious problems, such as registration on the basis of invalid information, and ending with a reason that DPS representatives often interpret quite subjectively. It is about the availability of information that indicates the riskiness of an economic operation.

On the one hand, guided by Clause 8 of the criteria of riskiness, the supervisory body has the duty to decipher the content of the information that became the basis for tax officials to come to a conclusion about the riskiness of the payer. In practice, this happens infrequently. The company receives a problem in the form of the blocking of tax invoices, and the representatives of the DPS do not provide a proper and justified explanation why the company was included in the list of risky.

In such cases, the professional help of lawyers who specialize in such requests will be very appropriate.

How we work in this direction?

In order to appeal the decision about the taxpayer's riskiness, we have a whole working algorithm. Clients turn to such a request often enough, suffering from unreasonable actions of the DPS. So if you're interested in getting a non-compliance decision, you've come to the right place.

When it is necessary to reach the necessary solution in favor of our clients, we interact both directly with the DPS and at the level of defending your interests in court.

How it looks in specific cases?

The aforementioned algorithm of our work is as follows:

• We analyze the state of the enterprise, its fixed assets, staff, assets, level of tax payment, industry specifics, counterparties and typical transactions.
• Based on the analysis, we write an appropriate explanation that helps customers solve the problem.

A vivid example in our recent work was the appeal of a client whose company was included in the list of risky under item 8. He tried to solve this issue both on his own and with other lawyers, but nothing succeeded. After receiving 10 rejections, the client turned to us and we helped by using the following algorithm.

So, if you are facing the same problem, don't despair. The specialists of the company "Prikhodko&Partners" will help, because we are used to working for results. If the risk decision is successfully appealed, the company is now able to "register tax invoices" without any complications.