Appealing against a tax decision

Every day, representatives of the State Tax Service make a large number of decisions, many of which are negative for business. However, these decisions can be successfully appealed if the taxpayer is right. The current legislation provides for 2 possible formats of appealing tax decisions. The first of them is administrative or judicial. This means appealing to a higher authority of the State Tax Service to cancel the previous decision. The law also provides for the possibility of appealing against a tax decision in court. This method is also used very often, and most cases are successful. That is why clients seek the support of lawyers specializing in tax law in such cases.

Why should you seek help from specialists?

Tax legislation is very voluminous and difficult to understand for people who do not have a legal profession and sufficient experience in this area. At the same time, the timeframe for appealing the decisions of the State Tax Service in an administrative manner is very short. In view of this, it is worthwhile to contact a lawyer who specializes in tax law in a timely manner, because, in addition to deep knowledge, he or she must have sufficient experience to work efficiently in these cases. The team of Prikhodko & Partners Law Firm has such experts.

As our practice shows, clients often try to solve problems with the State Tax Service on their own, but repeated attempts do not lead to the desired result.

It is the intervention of a competent legal expert that moves the situation forward. A vivid example of such cases is when clients turn to a lawyer with a problem of blocking tax invoices. This also happens in another related issue, which concerns the company’s inclusion in the list of risky enterprises. Tax authorities often claim that a business transaction is risky when it is not. Therefore, businesses have to defend their position in such cases.

We offer you to get acquainted in more detail with what other inquiries in the field of tax law we receive.

Current issues in tax law

So, in addition to decisions on the riskiness of an LLC and on blocking tax invoices or adjustment calculations, our law firm is approached with a number of other issues. For example, among them:

Decisions on the application of penalties. If a taxpayer disagrees with the decision to impose a fine and knows that the law and facts are on his or her side, it is worth defending his or her rights and legitimate interests. You do not have to pay a fine if you have not committed any tax offenses. But to do so, you need to prove your case in the legal field by appealing the decision of the State Tax Service.

Tax notice-decision. This is the name of a document that the tax authorities send to a taxpayer to make him pay a certain amount of a monetary obligation. The taxpayer may disagree with the fact of the charge or with the amount of the charge.

Revocation of a license. When representatives of the State Tax Service unreasonably revoke a taxpayer’s license, this decision must be appealed. Otherwise, you will face obstacles in the legal conduct of your business activities if they require licensing.

Refusal in the form of a letter. Such a refusal may be sent to the taxpayer for various reasons, depending on the purpose for which the taxpayer applied to the STS. If you disagree with the decision, we will help you appeal it.

The administrative method of appealing the decision of the State Tax Service is provided for in Article 56 of the Tax Code of Ukraine. If you are going to use the tool of judicial protection of your rights, you should know that such cases are considered by administrative courts. Therefore, the lawyer who handles your case must be well versed in the Tax Code and the Code of Administrative Procedure.

Our services in tax disputes

The team of Prikhodko & Partners Law Firm provides the following range of services in the field of tax law:

• Consultations. In the course of consulting, we study in detail the situation that has occurred in the client’s business and orient the prospects for its resolution.
• Support in the course of procedural defense of the client’s interests. We write complaints and explanations and send them to the State Tax Service.
• Representation of client interests in court. This method of influencing the situation is also quite popular. It works well in cases where the previously mentioned legal instruments have not worked.

And even if the tax authorities delay the execution of a court decision, we know how to establish judicial control over this process. Contact us and you will not be left without quality support.