Tax disputes

Tax disputes are widely spread in the legal practice, quite frequently in regulatory enforcement. Lack of knowledge among tax payers about the constantly changing legislation leads to accidental or deliberate violations of legal regulations and requirements, which in turn causes tax disputes. However, illegal or unreasonable actions of tax authorities themselves may frequently trigger disagreements and disputes.

In any tax-related dispute tax payers appear to have a more disadvantaged legal position. Tax inspections, their claims, bringing to responsibility and other methods of enforcement actions have a solid backbone of state authorities. The latter may rely only on themselves and, obviously, on competent legal assistance that nowadays is essential for opposing tax authorities in a dispute.

In current legal practice tax disputes are divided into three groups:

• procedural tax disputes caused by the fact that, in tax payer’s opinion, tax authorities violated statutory procedures of tax control, case processing and decision-making in law violation cases;
• disputes caused by different approaches to the assessment of actual circumstances of a certain event, tax payer’s actions, financial and operating activities, submitted documents connected with taxable activities;
• legal disputes caused by disagreements over the implementation of certain regulations and/or their interpretation.

The most typical tax disputes are claims by tax authorities and/or disagreements of the parties over:

• violations revealed during inspections;
• accuracy of tax assessment and/or tax calculations;
• completeness and/or timeliness of tax payments;
• completeness and/or timeliness of report submission;
• correct classification of violations, penalties;
• calculation and amounts of punitive damages;
• additional tax liabilities;
• legality of inspections, requests for certain documents;
• tax refund (credit);
• application of enforced collection actions (account freeze, unconditioned debit).

Tax disputes are one of the hardest cases to handle due to the imperfection of legal regulations and ambiguity of local law enforcement practice, as well as their specific nature. Many companies, let alone individuals, cannot afford to have a tax lawyer on a full-time basis. As a result, tax disputes are settled either by accountants with no legal knowledge or lawyers with very little knowledge in specifics of financial and operating activities. This approach does not get to the core of the problem. Therefore, addressing competent experts in the sphere of tax disputes guarantees the most beneficial outcome.

Regardless of the dispute complexity, Prime legal LLC lawyers will be able to help:

• we will provide services of highly experienced specialists in the sphere of tax legislation;
• statistics demonstrates efficiency and success of our practice, i.e. more than 90% of tax cases with our participation have been resolved to our client’s satisfaction.

Procedure of Settlement of tax disputes service:

1. Oral and written advice:
   • with interpretation of legal regulations, departmental tax acts;
   • with recommendations on required and preferable actions for the settlement of tax disputes on your part;
   • with assessment of case circumstances, its prospects, documents and other data.
2. Drafting of written appeals against tax inspection reports or tax office resolutions.
3. Document-related rendering of services:
   • drafting of claims, counterclaims, applications, complaints, motions and other procedural documents;
   • development of a required evidential base.
4. Assistance in account de-freezing, lifting other security sanctions and enforced collection actions.
5. Representation of interests:
   • during inspections;
   • in administrative appeals against legal decisions;
   • in pre-trial settlements;
   • in court for claims against the tax inspection or the client.