Explanations for Unblocking Tax Invoices: Legal Assistance

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Ukraine / Kyiv

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Publication date: 13.08.2024

Explanations for Unblocking Tax Invoices: Legal Assistance

Unblocking tax invoices is a complex and responsible process often arising from decisions by tax authorities to suspend the registration of tax invoices. Failure to respond promptly to such decisions can lead to serious financial consequences for a business, including fines and the loss of tax credits. In this article, we will discuss the main aspects of providing explanations for unblocking tax invoices with the help of a lawyer and outline each stage of this process, from legal analysis of the situation to the preparation of necessary documents.

Determining the Legal Status of the Situation

The first step towards unblocking tax invoices is determining the legal status of the situation. This includes analyzing the reasons for the blockage, checking the compliance of operations with legal requirements, and assessing possible risks. Legal analysis of the situation helps to understand which actions by the tax authorities led to the blockage of invoices and how best to resolve the issue.

Preparing for Legal Analysis

• Analyzing the reasons for the blockage: A lawyer helps identify the specific reasons that led to the blocking of tax invoices. This may include data discrepancies, document errors, or suspicions of fictitious transactions.
• Document review by a lawyer: The lawyer reviews all documents related to the blocked tax invoices for compliance with tax legislation. This includes invoices, contracts, work completion certificates, and other documents confirming the reality of business transactions.
• Legal document analysis: The lawyer conducts a legal analysis of the documents to identify potential risks and prepare additional materials that may be required during the submission of explanations.
• Preparing additional documents: If necessary, the lawyer helps prepare additional documents such as reconciliation statements, explanatory notes, or confirmations of transaction reality.

The Role of a Lawyer in the Process

Legal Consultation: The lawyer provides the client with detailed information on the legal requirements and procedures related to unblocking tax invoices. Legal consultation allows the client to avoid common mistakes and prepare for all stages of the process.

Legal Situation Analysis: The lawyer conducts a legal analysis of the situation, assesses the grounds for unblocking tax invoices, and develops a strategy for the successful completion of the process.

Document review by a lawyer: The lawyer reviews all documents for compliance with tax legislation, identifies potential shortcomings, and suggests ways to address them.

Legal Opinion: After conducting a legal analysis, the lawyer prepares a legal opinion that includes recommendations for further actions to successfully unblock tax invoices.

Document Review by a Lawyer

One of the most important stages of preparing to submit explanations for unblocking tax invoices is the document review by a lawyer. This stage ensures that the documents comply with all tax legislation requirements and helps avoid issues during the consideration of explanations. Document review includes the following actions:

• Document Analysis: The lawyer thoroughly checks each document for compliance with requirements, verifies the presence of all necessary signatures, stamps, and other requisites.
• Identifying Errors: In case of errors or shortcomings, the lawyer recommends ways to correct them and ensures the preparation of new documents.
• Ensuring Document Package Completeness: The lawyer verifies that all necessary documents are gathered and properly formatted to avoid possible delays or refusals in unblocking tax invoices.

Preparing a Legal Opinion

After conducting a comprehensive legal analysis of the documents and situation, the lawyer prepares a legal opinion. This document contains an assessment of potential risks and ways to minimize them, as well as recommendations for further actions. The lawyer's legal opinion is an important stage in preparing to submit explanations, as it ensures that all actions comply with the law.

Resolving Document Issues

Often, during the preparation of documents for unblocking tax invoices, various problems arise, such as errors in official documents, insufficient necessary papers, or their non-compliance with legal requirements. The lawyer conducts a written consultation detailing possible ways to resolve such issues, including:

• Correcting Errors: If errors are identified, the lawyer helps to correct them and ensures the proper preparation of new documents.
• Obtaining Additional Documents: If the necessary documents are lacking, the lawyer helps to collect them or prepares applications for obtaining them from the relevant authorities.
• Legal Support in Interactions with Tax Authorities: The lawyer represents the client's interests during interactions with tax authorities, ensuring the proper and timely preparation of all necessary documents for unblocking tax invoices.

Unblocking Tax Invoices Procedure

The procedure for unblocking tax invoices consists of several key stages, which may vary depending on specific circumstances and applicable legislation. The lawyer helps to navigate all these stages correctly to avoid possible problems:

• Preparing Explanations for Unblocking: The lawyer assists in preparing and submitting explanations to the tax authorities, justifying the reality of business transactions and the non-compliance of the invoices with the blocking criteria.
• Submitting Supporting Documents: It is important to correctly compile a document package that will confirm the reality of operations and the validity of unblocking requests. This may include additional explanations or justifications prepared by the lawyer.
• Negotiating with Tax Authorities: If questions or additional explanations are required by the tax authorities, the lawyer represents the client's interests during negotiations, helping to avoid misunderstandings and speed up the unblocking process.
• Receiving the Unblocking Decision: After completing all procedures, the tax authorities issue a decision to unblock the tax invoices. The lawyer ensures that this decision is made on time and complies with legal norms.

Resolving Disputes over Unblocking Tax Invoices

The process of unblocking tax invoices may involve disputes that require legal support. The lawyer helps to resolve such disputes at various stages of the process, including:

• Negotiating with Tax Authorities: The lawyer can represent the client's interests during negotiations with tax authorities to avoid conflicts and resolve disputed issues without involving the court.
• Mediation: If the parties cannot reach an agreement, the lawyer can propose mediation as a way to resolve the conflict without court proceedings.
• Judicial Proceedings: If all other methods are exhausted, the lawyer represents the client's interests in court, ensuring the protection of their rights and interests in the process of unblocking tax invoices.

Consultations and Support at All Stages of the Process

The lawyer provides consultations and support at all stages of the process of unblocking tax invoices. This includes:

1. Consultations on Document Collection: The lawyer helps determine which documents are necessary for unblocking tax invoices and how to prepare them correctly.
2. Legal Support during Explanation Submission: The lawyer monitors the process of submitting explanations, interacts with tax authorities, and ensures the correct and timely consideration of the case.
3. Consultations on Accounting Issues: The lawyer provides recommendations on the correct reflection of transactions in accounting to avoid further problems with tax invoices.

Legal Support in Court Proceedings

If disputes arise in the process of unblocking tax invoices, the lawyer provides legal support in court. This includes:

1. Document Preparation: The lawyer prepares all necessary documents for submission to the court and ensures their compliance with court process requirements.
2. Representation in Court: The lawyer represents the client's interests during court sessions, ensuring the protection of their rights.
3. Appealing Decisions: If necessary, the lawyer can file an appeal or challenge a court decision at a higher instance.

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