Legal support for disputes with the tax authorities

Firms and individual entrepreneurs operating in Kyiv and other territories of Ukraine are required to make contributions to the budget. Moreover, the size of responsibilities often depends not only on financial results.

State Fiscal Service bodies ensure that the treasury is filled with taxes in a timely manner. To achieve this, the business is subject to periodic inspections. Often, audits, or rather their results, lead to conflict situations that form the category of tax disputes.

For the most part, tax disputes are resolved in court . And here the participation of a lawyer is simply necessary. After all, only persons with the appropriate certificate have the right to participate in the process on behalf of the client.

Preparing to conduct a case

To win a dispute with the tax authorities, a lawyer is required to carry out a large amount of preliminary work. First of all, all materials accumulated as a result of the inspection are thoroughly studied. Analyzed: act with attachments, correspondence with the State Fiscal Service, accounting documentation.

The specialist must clearly understand what exactly the infringement of the company’s rights consists of. Based on the results, the most effective methods of appeal are selected. If we are talking about a claim, it may contain several interrelated demands on the defendant.

Next comes the turn of preparing a statement of claim to the district administrative court. At this stage, the lawyer pays special attention to generalizing judicial practice in a similar category of cases. Often in the course of this work, additional arguments in favor of the enterprise appear.

Judicial review

Victory in disputes with the State Fiscal Service bodies largely depends on how effectively a lawyer conducts the process. At this stage, in addition to direct representation at meetings, the lawyer performs the following actions:

• Provides evidence required by the court.
• Gives oral and written explanations, submits petitions.
• Formulates questions for the defendant, and prepares a speech for judicial debate.
• Prepares objections to appeals and cassation complaints (if any are received from the other party).

In a number of cases, the court obliges the State Fiscal Service unit to take certain actions. In this scenario, the lawyer will monitor the execution of the decision.

Alternative ways to solve the problem

It happens that a tax dispute may be settled before going to court. For example, a lawyer will negotiate with tax officials and resolve the conflict peacefully.

The administrative appeal procedure can also help. Here, the lawyer’s tasks will include preparing reasoned complaints against the decisions or actions of representatives of the State Fiscal Service.