Legal support in a case of tax evasion

If in the first years of the full-scale Russian invasion the tax authorities did not conduct any inspections, now everything has changed significantly. The economic situation in the country and the need for defense spending indicate that the budget needs to be filled. That is why entrepreneurs are now being checked no less thoroughly than before the war. If you are interested in advisory support or legal support in cases related to tax evasion, the lawyers of the “Prikhodko & Partners” law firm know how to help effectively. We suggest that you familiarize yourself in more detail with how legal support is provided in such cases.

Evaluation of the legality of the grounds for the appointed inspection

Each inspection is carried out in accordance with the grounds clearly provided for it by the Tax Code. For example, the grounds for documentary unscheduled inspections are as follows:

• tax authorities received information that the taxpayer was violating tax legislation;
• the taxpayer failed to submit reports within the timeframes established by legal norms;
• the taxpayer submitted a clarifying calculation;
• the data reflected in the reports was found to be unreliable;
• the taxpayer filed an objection to the audit report in accordance with the procedure established by law.

The example above is for only one type of audit. Each type of audit has its own grounds for conducting. Our specialists will carefully analyze whether the tax authorities had such grounds when they began auditing your company.

Explanation of the rights and obligations of the taxpayer

The explanatory work of a lawyer in communication with his client is of no small importance. Often, a taxpayer feels insecure in his communication with tax officials for the following reasons:

• he does not know his rights and responsibilities;
• he is not informed about the rights and responsibilities of the State Tax Service representatives, and therefore cannot independently identify where they exceed their official powers (and this, unfortunately, happens quite often);
• he is not aware of the procedure for conducting an inspection, therefore, in the event of violations, he cannot identify them and properly record them in order to later use this for appeal.

Advisory assistance and support will allow you to interact with representatives of the State Tax Service from a position of confidence and awareness. Therefore, you should pay attention to this opportunity by contacting competent lawyers of the relevant specialization.

Accompanying a lawyer during an audit and recording tax violations

Violation of legal norms by representatives of the State Tax Service is a fairly common occurrence. In this context, unfortunately, the attention of tax officials is often quite selective and directed only towards the taxpayer, while they themselves may violate the norms of the current legislation that regulate their activities.

When your lawyer is present during the audit, this encourages the representatives of the State Tax Service to comply with the legal requirements for their work. If there is a violation of the law in the documents for the audit or specific actions of the tax officials, the lawyer will record this and use it as evidence in a subsequent appeal.

Appealing an Act/Tax Notification Decision in an administrative manner

Based on the results of the inspection, tax officials draw up a certificate or report. The first option is relevant when no violations of the law were recorded. As for the second of these scenarios, the report is drawn up when the representatives of the State Tax Service saw a violation of the law in the business activities of the taxpayer.

The next step on their part is to send the taxpayer a tax notification-decision. This is the name of the document obliging to pay a certain amount of tax liabilities. In this case, the taxpayer may disagree with both the fact of accrual of the tax liability and its amount. Therefore, if you have reasonable arguments with the appropriate evidence base regarding the groundlessness of the accrual, our specialists will help with the appeal. It can be carried out both administratively (to the highest body of the State Tax Service) and judicially (to the administrative court).

Defense in court

As practice shows, judicial protection is an effective way to defend the violated rights of taxpayers and their legitimate interests. When you contact us for this service, our specialists know what algorithm to follow to achieve the planned result.

From the very beginning, we carefully analyze the case and its prospects. And if the sanctions from the tax authorities are unfounded and can be canceled or at least reduced, then our team offers support services.

To talk to a lawyer in the format of an initial consultation, fill out the feedback form on our website. After that, he will call you to discuss further terms of cooperation.