Exclusion of an enterprise from risky

Obtaining the status of a risky taxpayer is a serious blow to a business, as it actually stops its activities due to the blocking of tax invoices. The main reason is the desire of tax authorities to prevent fictitious transactions and minimize taxes. The State Tax Service uses automated systems that analyze each transaction and reporting. When a company’s activities are suspicious, the system automatically sends a signal for verification. If your company is on the list of risky ones, it’s time to contact professional lawyers who will help solve this problem. Such specialists work at the law firm “Prikhodko&Partners”.

Why does the company get on the list of risky companies?

Businesses find themselves at risk suddenly, without even suspecting that there are problems. Taxpayers can make such a decision based on an analysis of the supply chain, when one of the previous sellers in the system turned out to be unscrupulous. The lack of sufficient material and technical base or a minimum number of employees is also a reason.

Taxpayer risk criteria

Official rules clearly define the specific signs by which a company falls into the list of risky ones. Basic criteria are approved at the government level and are applied during monitoring. Some points concern registering a company under fictitious persons, forging documents, or registering a company without the intention of conducting business activities.

However, the most popular is the clause stating that the regulatory authority has tax information indicating signs of risky operations. This vague wording allows any action by the company to be interpreted as a violation. These include:

• a sharp change in the nomenclature of goods;
• purchasing from contractors with a negative reputation;
• lack of warehouses for large volumes of products;
• low tax burden.

Often, the status of risky enterprises is given to companies whose management conducts business in good faith.

How to get rid of the status of a risky VAT payer?

This process requires thoughtful action from management, accountants, and lawyers. The first step is to determine the specific reason that led to the fiscal authority’s decision.

The payer has the legal right to submit detailed explanations and a package of documents refuting suspicions through the electronic account. Documentary confirmation is the main weapon of business, so its formation should be approached responsibly. It is necessary to provide:

• contracts with suppliers;
• primary documents;
• acceptance and delivery certificates;
• bank statements.

It is also worth providing evidence of the real ability to fulfill obligations, in particular lease agreements for offices, warehouses, or equipment.

Appealing the decision on compliance with risk criteria

If the regional commission of the State Tax Service refuses to remove the risky status from the enterprise, the business has the right to proceed to the appeal procedure. There are two ways to resolve this conflict, namely administrative and judicial. The administrative option involves filing a complaint with a higher authority, that is, the State Tax Service of Ukraine, with a detailed description of the violations on its part. However, this method rarely brings the desired result.

Therefore, the most effective tool for protecting rights remains an appeal to the administrative court. The legal process takes a lot of time, but it is the court that most often takes the side of honest business. A positive court decision is mandatory for tax authorities to implement.

Advantages of cooperation with “Prikhodko&Partners”

Independent struggle with the tax system often ends in defeat due to lack of legal knowledge and experience in interacting with the fiscal authority. The professional team of the law firm “Prikhodko&Partners” offers businesses qualified support and a comprehensive approach to resolving disputes.

The main advantage of cooperation lies in a deep understanding of the internal mechanisms of the State Tax Service and current judicial practice. The company’s lawyers analyze the financial and economic activities of each client, finding weaknesses in the arguments of tax authorities.

Specialists help to correctly form the evidence base, avoiding common mistakes when preparing explanations. Clients receive a real result in the form of the restoration of the enterprise’s work.

Lawyer’s assistance in appealing the status of a risky enterprise

The participation of a qualified lawyer in the process of removing a company from the risky category is the key to successfully overcoming the crisis situation. A professional tax lawyer conducts a full legal audit of the decisions of the regulatory authority, identifies violations and develops a strategy of action.

The lawyer takes on the entire range of work, from preparing objections to the commission’s decision to representing the client’s interests in court hearings. The professional knows which documents are of crucial importance to judges, which allows speeding up the consideration of the case.

Do you need a lawyer’s help in your specific situation? Fill out the feedback form right now. Our specialist will contact you as soon as possible and offer an effective legal solution that will meet your needs and the circumstances of the case.