Фото: HOW TO EXECUTE A COURT DECISION AND REGISTER A TAX INVOICE?

"Taxes are the price we pay for the opportunity to live in a civilized society".

Yasinskiy Yevhen

Head of tax law practice

An expert in the practice of tax law, specializes in the protection of rights in court, corporate law.

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HOW TO EXECUTE A COURT DECISION AND REGISTER A TAX INVOICE?

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Blocking of tax invoices is a problem faced by many companies today, which for one reason or another have been classified as risky by the automated invoice registration system. Also, the reason may be that the business operation itself is considered risky. The team of the "Prikhodko&Partners" law office regularly encounters such requests in its work.

How we work?

We work both in the administrative format of resolving the issue (explanation to the DPS) and in the judicial format. However, often even in those situations where there is a court decision, the relevant authorities are in no hurry to implement it. So the company, which was able to prove its right in court, is forced to defend its own right again - already for the execution of the decision. Having a good understanding of this problem, our specialists have developed several algorithms to help clients in such situations.

How the client's rights are further defended?

Therefore, we represent the interests of the client company both in the first instance and in the appellate instance. Such cases are usually successful at the mentioned stage. After that, Article 255 of the CAS enters into force, which determines the procedure for the entry into force of the decision. Logically, DPS representatives should immediately implement this decision, but in practice, for the most part, everything happens differently.

Tax invoices continue to be blocked, the company's counterparties do not receive a tax credit, work becomes more difficult, and business relations with partners deteriorate. However, this only happens when the company does not have adequate legal assistance. If you contact the "Prikhodko&Partners" law office with a request to unblock invoices, we do not leave you halfway and offer further support for the case. It is possible in the following options:

  • Lawyer request. Within 5 days, representatives of the DPS must report on how they reacted to it. Often, this option is quite effective, because a court decision in favor of the client company and the corresponding activity of the lawyer force the representatives of the tax service to act. However, this is not the only option. Other influence tools are available and we actively use them.
  • Opening of executive proceedings. At this level, another structure joins the solution of the problem, and therefore legal pressure on the DPS increases. Representatives of the tax service in this case face a completely different level of influence in the legal field, so they realize that they will have to comply with the court decision.
  • Establishment of judicial control over the implementation of the decision. In this case, the DPS will still be obliged to unblock the tax invoices. Court control is a mechanism that gives an unalternative result in favor of the client company, even in those rare cases when tax officials at some stage choose a strategy of principled arbitrariness.

 

Summing up, it is worth noting that many companies face the problem of blocking tax invoices. This interferes with work and creates reputational losses. So don't delay. As our experience shows, independent attempts by companies to solve this issue in the vast majority of cases end in failure. This leads to unnecessary loss of time. Therefore, you should immediately contact professional lawyers who will help you effectively.

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Head of tax law practice

An expert in the practice of tax law, specializes in the protection of rights in court, corporate law.

Contact now
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