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The main type of decisions that is subject to the appeal are notifications from a tax with a decision overcharging ax obligations.
According to a point 14.1.157 the Internal revenue code of Ukraine, tax notification-decision, this notification in writing from an organ, carrying out control about the duties of taxpayer to carry out payment of financial obligation, that was defined by an organ, carrying out control, in situations, what are described in the real code and by other acts of legislation, controlling what comes true by supervisory organs.
We render assistance at questions:
- refuse of fiscal organ in the budgetary compensation of VAT;
- are challenging of notifications from a tax organ, with regards to additional charges of bills of debt, prepay of social single payments, profitable, tax on earth, transport, real estate.
Our lawyers know the order of realization of actions in order that a tax organ accepted a legal and just decision or carried out some action, and also how to obtain confession of actions, or inaction of fiscal organs illegal.
We are ready to render the literate personal consultation to you, taking into account practice in judicial trials, fiscal organs in areas: extra charge and inpayment of tax collection on the profit of organizations with VAT, profitable, tax on earth, transport, real estate, custom payments and other.
- a return paid by mistake, or superfluous tax.
- budgetary indemnification VAT.
- simplification of the system of taxation: choice of the system of taxation, that will suit directly to you.
- tax research of the pre-arranged situations.
- a legal analysis, regards the removal of tax risks of firm.
The lawyers of our company possess large enough experience in area of legal accompaniment of tax verifications, directly:
- Realization of verifications of complete set of primary and book-keeping documentation to and in the period of verification works;
- Arrival of lawyer into place, where verification will come true;
- Presentation of side of taxpayer at works with fiscal organs;
- Research of results of realizable verification;
- Drafting of objection on the act of verification works and taking part at their consideration by fiscal services.
A tax notification-decision can be nullufied:
- by the organ of higher level, that carries out control (a two-stage process of challenging is in the organ of regional level that carries out control, in the organ of regional or interregional level, carrying out control. Thus their decisions can be contested in a central executive body, which provides drafting and productive politics of the state, by a tax and customs).
- During a judicial trial (through the point of claim in judicial instances).
In most situations, challenging of notification-decision from a tax in higher organizations does not end with success.
Basic dignity of appeal in a judicial trial is that a notification-decision from a tax is uncoordinated to the moment, while the court ruling will not enter into legal force. Frequently, from the moment of lawsuit appeal, to determination passes the court of appellate organ 6-12 months.
Also, information about a hint about realization of criminal crime has no authority to be base on decision of organ, carrying out control to the moment, while the term of consideration will make off the court of administrative production.
Term during that a tax notification-decision is subject to the appeal equal 1095 days (on a point 102.1 item 102 НК of Ukraine). But we advise to appeal to the court in time a 10 twenty-four hours, from a moment, when a notification-decision was got from a fiscal organ on п. 57.3 CLE: in case of establishment of bills of debt an organ carrying out control on rights, that are in a subitem 54.3.1-53.4.6 п. 54.
3 article 54 real codes, a taxpayer must make payment the charged extra sum in a period, equal 10 calendar days subsequent after the day of receipt of tax notification-decision, except situations, when a taxpayer in this period begins a process challenging of decision of organ, carrying out control.
Thus, to the similar grounds it is possible to take:
- it is an ungrant of tax tax return (п. 54.3.1 CLE);
- it is information of verifications of results of activity of taxpayer, except electronic form of verifications, when they specify about understated, either overpriced sum of budgetary indemnification or negative value of tax collection on the added sum of taxpayer;
- it is a decreet that entered into legal force, where a person was confessed by guilty in avoiding payment of tax collections.
- Information of verifications, касаемо withholding of tax collections at the source of payment, talk that were disturbed extra charge, withholding and payments of tax collections in certain budgets that is certain the real code, along with profitable NFL by a similar tax agent (п. 54.3.5 CLE).
It follows from this that at a situation, when the point of claim was given too late, after 10 days from the moment of taking away of notification-decision from a tax, a taxpayer carries a risk, regards that a debt before a tax will be considered concerted.
On the basis of п. 2.3. "About the orders of direction by the organs of income and collections of tax requirements to the taxpayers", a tax requirement is not subject to direction in the period of terms of challenging.
Appeal against decision of tax organ, a payer can get cancellation of similar decision during a judicial trial.
On the other hand, if this notification-decision from a tax is not contested, then a consequence will be the concerted obligation under payment of taxes, direction of requirements of tax organ and extra charge of penalty approvals, fine.
Algorithm of work of our company on tax disputes:
- Research and legal examination of documentation;
- Development of evidential base;
- Appeal in the administrative order;
- Drafting of point of claim and presentation of side of payer is in a judicial body;
- The further challenging of decisions is in courts above;
- Guarantee of execution of decision of judicial body.
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