Tax claim appeal

Receiving a tax demand is a signal to the taxpayer that the situation needs to be analyzed immediately. Inaction or missing procedural deadlines can lead to serious consequences, including blocking accounts, seizure of property and forced collection of funds. Each such document creates significant financial and reputational risks for both large businesses and individuals.

What is a tax claim and when can it be appealed??

A tax demand is an official document sent to a taxpayer in the event of his debt to the budget. In fact, it is a written demand of the State Tax Service to pay the amount of an unconfirmed or agreed monetary obligation, due to which a tax debt arises that has not been repaid within the time limits established by law. However, in practice, the territorial bodies of the State Tax Service of Ukraine often make mistakes, as a result of which demands are issued without proper grounds.

If you have been sent an unfounded tax demand, an appeal becomes the only effective tool for protecting the rights of a taxpayer. You can and should appeal such a document if:

• the amount of the debt was calculated incorrectly;
• accrued twice;
• formed for a period for which the statute of limitations has already expired.

Also, the grounds for canceling the claim are situations when the payer did not receive the previous tax notice-decision at all, on the basis of which the debt allegedly appeared, or when the procedure for drawing up the act itself was violated. A thorough analysis of the grounds for issuing the tax claim and checking the primary documents allow you to identify these violations and cancel the illegal decision. Our lawyers have sufficient experience in this area of ​​activity and can effectively help.

Tax claim appeal services

Qualified legal assistance in the field of tax disputes covers a set of actions aimed at completely neutralizing risks for the client. The main areas of support that allow for effective appeal of a tax claim are the following:

1. detailed consultation with a tax lawyer, during which the prospects of the case are determined and the initial analysis of the grounds for issuing a tax claim is carried out;
2. in-depth analysis of the received document, study of inspection materials, the payer’s electronic account and identification of the reasons why the tax debt arose;
3. collection of evidence and high-quality preparation of a complaint or lawsuit to the relevant authorities, depending on the chosen defense strategy;
4. full support of an administrative appeal in higher fiscal service bodies;
5. case management at all stages of the trial, which provides for professional representation of interests in courts of all instances and protection of the payer’s rights during hearings.

The specific list of actions a lawyer will take will depend directly on the specifics of your situation.

Advantages of cooperation with “Prikhodko&Partners”

Effective protection in relations with fiscal authorities requires not only knowledge of the laws, but also a deep understanding of the internal mechanisms of the tax service. The law firm “Prikhodko&Partners” has many years of experience in resolving complex tax disputes, which allows finding a way out even from confusing situations.

Our specialists provide a quick risk assessment immediately after receiving documents from the client. We do not use templates, but develop a unique reasoned position for each process. Clients receive transparent and understandable communication without complex legal terms, and most importantly – full support of the case until the final positive result is obtained.

Procedure for appealing a tax claim

The procedure for protecting taxpayer rights is subject to a clear logic, where the legislation establishes a specific procedure for appealing a tax claim. It all starts from the moment of official receipt of a document from the fiscal authority, from which the date of commencement of the procedural deadlines is recorded. Such an important recording is needed to properly coordinate further actions and understand how to appeal a tax claim without procedural losses.

After checking the grounds and deadlines, a decision is made on a strategy of actions, thanks to which the legally defined procedure for appealing a tax claim is implemented. Next, a package of documents is directly prepared and formed: this may be a complaint about a tax claim to a higher-level regulatory body or a statement of claim to an administrative court.

The final stage involves submitting the completed materials and professional representation of interests in court or the State Tax Service until the illegal decision is completely overturned.

Deadlines for appealing a tax claim

Timeliness of actions in tax disputes is a decisive factor, because missing the deadlines established by law automatically frees the hands of tax authorities to apply enforcement measures. The law clearly delimits the time frame, establishing a specific deadline for appealing a tax claim depending on the chosen way to protect the taxpayer’s rights. For pre-trial settlement (filing a complaint to a higher-level State Tax Service), the taxpayer is given 10 business days from the date of receipt of the document.

If the judicial route is chosen, the deadline for appealing the tax claim to court applies, which can vary significantly. The time limits depend on whether a previous administrative appeal was applied. If so, the deadline will be 3 months from the date of delivery of the decision based on the results of the complaint. If not, it will be 6 months from the date of receipt of the claim.

A tax lawyer who clearly calculates each day of the procedural calendar helps you understand these and other subtleties and not lose your right to protection.

Stages of cooperation with a tax lawyer

Interaction with a lawyer is structured in such a way as to minimize the client’s involvement in bureaucratic processes and ensure maximum efficiency:

• First contact: the tax claim is studied, the appeal of which is the main goal of the client. The initial consultation also involves determining the key circumstances of the case, during which a mandatory assessment of the appeal deadlines is carried out.
• Comprehensive analysis of the received act from the State Tax Service, study of financial statements, as well as a detailed analysis of how the tax debt was formed.
• Determination of the optimal strategy for protecting the client’s interests: an administrative appeal or a direct court appeal is selected.
• Professional preparation of a complaint or claim, taking into account all the norms of current legislation and coordination of the text with the client.
• Submission of materials to the relevant authorities, support of the administrative appeal or active representation in court sessions until the final decision is made.

Our specialists work for results and know how to help you effectively.

Cost of services for appealing a tax claim

Pricing in cases of tax claim cancellation is always individual, as each situation has its own characteristics, which are often demonstrated by the current practice of appealing a tax claim. The financial component of cooperation directly depends on the complexity of the legal problem and the volume of documents that the lawyer needs to process in detail. The total amount of debt listed in the claim plays an important role, as it affects the level of responsibility and the volume of evidence.

Also, the cost is affected by the chosen format of protection: the need to be limited only to the pre-trial stage, where a complaint is filed against a tax claim, or the need for full legal support in several instances. The urgency of the client’s appeal is taken into account separately, if the statutory deadline for appealing a tax claim has almost expired. Well, another factor that affects pricing is the chosen format of legal support – from the preparation of a separate document to turnkey case management.

To agree on the details of cooperation in your case, please fill out the feedback form on our website. A lawyer will contact you shortly.