How to remove the riskiness of the enterprise?

Registration of tax invoices and adjustment calculations is a constant problem for accountants and managers of VAT-paying companies. Unconditional registration of tax invoices is the dream of every VAT payer.

On the other hand, the worst event for a taxpayer is to receive a decision on the taxpayer's inclusion in the list of risky taxpayers.

Currently, the current legislation provides for eight grounds on which the tax authorities may decide to grant the status of a risky enterprise.

How to get rid of the status of a risky taxpayer?

Lawyers of the tax practice of Prikhodko & Partners Law Firm have quite a lot of experience in supporting taxpayers on the way to removing them from the list of risky taxpayers.

To date, having received a decision on the payer's compliance with the risk criteria, the business entity must establish the direct basis on which the tax authorities made such a decision.

After analyzing the decision and identifying problematic circumstances, you should proceed to the stage of proving your legal position to the State Tax Service of Ukraine.

CMU Resolution 1165 stipulates that a taxpayer has the right to draw up and send to the regional tax service at the place of registration an explanation of the taxpayer's non-compliance with the riskiness criteria. When preparing these explanations, it is necessary to responsibly describe the circumstances of the company's financial and economic activities that refute the taxpayer's riskiness criteria.

The taxpayer has the right to submit primary accounting documentation, as well as other documents confirming the business transactions or any other written evidence that the taxpayer considers necessary to show.

Please note that, unlike the unblocking of tax invoices suspended based on the riskiness of transactions, the ability to draw up and submit explanations for non-compliance with the riskiness criteria is not limited. This means that the company has the right to submit such explanations an unlimited number of times, until they are completely excluded.

At the same time, it should be borne in mind that a long stay on the list of risky taxpayers negatively affects your tax and business reputation, as well as prevents the unconditional registration of tax invoices.

If you receive a decision on compliance with the risk criteria, we suggest that you contact the specialists of Prikhodko & Partners Law Firm and entrust your problem to specialists. Our attorneys and tax lawyers have strong expertise and experience in working with tax authorities, so they know how to work for results. Fill out the form on our website and our lawyer will contact you as soon as possible.