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Appeal against decisions of tax authorities

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Problems with the fiscal authorities sooner or later arise for any business. Some people even give up the idea of opening their own business, knowing this attitude to businessmen on the part of the fiscal authorities. 

Good relations with the tax authorities is a myth in the realities of our state. Tax authorities do everything to collect as many penalties as possible from Ukrainians. The situation will not change in the near future, it remains only to adapt to it. 

Therefore, for appealing decisions of the tax authorities entrepreneurs turn to us almost most often, having no hope to win the battle with the bureaucracy on their own. Few people know about tax deductions and positive aspects of working with the State Fiscal Service. They are, but this is a topic of a separate conversation. 

Often there are disputes with the tax authorities about royalties, which are taxed at the rate of 18% and military levy. Legal Solutions lawyers deal with even such narrow issues. If necessary, they bring in outside narrow specialists. And can also help in more common situations.

In particularly complex cases, when the whole matter comes to court, the appeal procedure is lengthy, but it is worth the effort and material costs. At least you will save your business, your assets and you will be able to work calmly further. 

Other types of assistance to business on tax issues from the lawyers of Legal Solutions

Our company provides comprehensive assistance to representatives of small and medium-sized businesses, FLP and LLC. We assist in tax audits, submission of reports and restoration of documentation. If you apply at this stage, there is a good chance that the claims to you will not be after all. So if you yourself know about the problems with the papers, it is best to solve them preventively. 

Appealing the decision of the tax authority. What do our specialists have to face?

This is an incomplete list of what the state is trying to punish business. And the one that violated the law, and all the rest, because by default, according to the logic of the tax authorities, everyone violates the law. So, what you could be charged with:

  • Putting the company on the register of risky taxpayers;
  • accusation of tax evasion;
  • revocation of the registration of a taxpayer of UT or VAT;
  • wrongful tax notification decision;
  • unlawful decision to seize the company's assets;
  • an unlawful decision to sell assets in a tax lien;
  • a penalty for incorrectly, on time or fully completed tax returns.

If you do not defend your violated rights DFS will continue to insist and accuse. Only appealing the decisions of the tax inspectorate in court can help.

We will be glad to help you in this, using our powerful legal experience, knowledge of accounting and tax accounting. We have an individual approach to each client. At a reasonable price you will receive comprehensive legal support of cases on a turnkey basis - from consultation to control over the execution of the court decision.

HOW MANY DAYS DO I HAVE TO FILE A COMPLAINT AGAINST THE ACTIONS OF THE TAX AUTHORITIES?

To appeal against decisions of tax authorities it is very important not to miss the statute of limitations. Otherwise, you will have to renew them, and this is not an easy process. 

The general term of administrative appeal is 10 days after receipt of the decision.

If the taxpayer does not manage to file a complaint to a higher tax authority within 10 working days, he will have an additional 6 months to file a complaint in court. However, in this case, together with the complaint, it is necessary to submit a petition to restore the missed deadline for filing a complaint (the petition may be in the form of a separate document or contained in the complaint itself). In the petition it is necessary to justify the validity of the reasons for missing the deadline. Usually the appeal by a lawyer of the decisions of the tax authorities and in this case is quite successful. 

If the complaint for some reason will not consider it will return it, indicating the reason for non-consideration.

What valid reasons exist for the extension of the statute of limitations in appealing tax decisions?

For example, valid reasons are:

  • stay outside of Ukraine;
  • stay on a voyage
  • stay in prison
  • being a prisoner of war on the territory of other states;
  • recognition by the court as missing.

To get professional legal advice on appealing decisions of the tax service:

  • call us,
  • write an e-mail;
  • contact us online chat on the website.

We are always in touch. We will select you a specialist in tax disputes, repeatedly won in court cases against the arbitrariness of the DFS. 

Appealing the acts of tax authorities with the participation of lawyers Legal Solutions

We know how to act when it is necessary to appeal the decision of the tax authority. We know all the subtleties of Ukrainian legislation.
If there is a desire, familiarize yourself with the reviews of the work of our specialists. We have helped dozens of entrepreneurs, small and medium-sized businesses in appealing decisions of the tax authorities. 

There are not many tax law professionals on the Ukrainian market. This industry is considered complex, few people take on such cases. In fact, nothing is impossible. And it is possible to find a solution to the State Fiscal Service, while acting within the law. 

The fact is that tax officials often violate these laws themselves. That is why there are so many such cases. Their number will only grow over time, until the very system of work of fiscal officials with business changes.
So far, even the very communication with the tax authorities brings fear and panic to entrepreneurs, especially beginners. But it can be changed. And if the decision is made illegally, you have the right to appeal the actions of the tax authorities. 

The order of work:

  • consideration of case materials by a lawyer;
  • drafting an objection in accordance with all legal norms that are required for such documents in Ukraine;
  • preparation of a legal position on the case;
  • appealing the actions of fiscal authorities in the administrative order;
  • appeal to the court;
  • representation of business interests at court hearings.

If there is even the slightest opportunity, a loophole for pre-trial appeal against the decision of the tax inspection, it is a sin not to use it. 

Do you want to be fully confident in the favorable resolution of the issue with the tax authorities? You wrongfully denied a tax refund, wrongfully demanded to pay tax or assessed a penalty? Get the collegial assistance of a tax dispute lawyer and our professional accountant.



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