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Legal support of a tax audit

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Publication date: 09.07.2024
Reading time: 10 minutes
Number of views: 255
Stage Term (days) Cost
  • 1
    Written legal analysis
    2 UAH 4,560.00
    • A description of the situation, which requires the legal analysis, is carried out. 
    • The circumstances of the case, the presence or absence of documents relevant to the situation are established. 
    • A full oral communication is conducted in order to establish all the necessary circumstances of the case. 
    • The client's expectations regarding the results of service provision are established. 
    • An analysis of the current legislation that regulates the problem is carried out. 
    • An analysis of judicial practice regarding this issue is carried out. 
    • The lawyer's personal experience in solving such or similar problems is described. 
    • The conclusion is described, in which a conclusion is given regarding the impossibility of solving the problem or ways to solve the problem. 
    • Each way to solve the problem is described separately and is formed in the form of a table indicating the specific actions of the specialist, the term of the service as a whole and each stage separately (if the service consists of stages), the result of the provision of the service or stage, as well as the price of the service or stage.
In general
2 UAH 4,560.00

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Legal support of a tax audit

A tax audit is one of the most exciting and responsible moments for any business. Even if a company operates honestly and transparently, the audit can result in significant financial and reputational risks due to incorrectly executed documents, technical errors or subjective conclusions of tax inspectors. That is why legal support during a tax audit is not just advice, but a necessary measure to preserve the stability of the company, its assets and business reputation.

 

Legal stages of tax audit support

A professional lawyer does not just advise during the audit - he actively accompanies the client from the moment of notification of its commencement to the completion of all legal procedures:

  • Analysis of the audit notification and risk assessment: After receiving a decision or order to conduct an audit, the lawyer promptly studies the documents, checks the legality of the grounds for the audit, the terms of its appointment and the powers of the auditors. It is assessed whether all formal requirements of tax legislation have been met.
  • Preparing the company for the audit: An internal audit of documents is conducted, accounting and tax records are checked, and a list of potentially problematic points is compiled. The specialist coordinates accountants and heads of departments to ensure a unified position during the audit.
  • Presence during the audit and control of tax officials' actions: The specialist is directly present at the company during the audit, controls the actions of inspectors, records procedural violations, limits the risks of illegal request for documents or pressure on employees. In case of violation of the company's rights, appropriate acts and complaints are drawn up.
  • Analysis of the audit report and preparation of objections: After the audit is completed, the tax authority draws up an act. The lawyer studies its content in detail, prepares legally substantiated objections, adds supporting documents, refers to the practice of the Supreme Court and other legal positions.
  • Support during administrative or judicial appeal: If the tax authority does not satisfy the objection, the specialist prepares a complaint to a higher tax authority or files a lawsuit in court. At this stage, it is important to provide a high-quality evidence base that refutes the inspection's conclusions. The tax lawyer represents the client's interests in court, negotiates with the authorities.
  • Preparation for possible future inspections: After the inspection is completed, the specialist helps the company adjust internal policies, develops recommendations for risk prevention, and conducts training for accountants and management.

Legal support of a tax audit allows the company to effectively protect its rights, reduce the risk of fines and ensure compliance with the requirements of the law.

 

Conditions for providing legal support for tax inspections

To ensure effective legal support, it is important to create conditions that allow the lawyer to work promptly, thoroughly, and taking into account all the nuances of a specific case:

  1. Prompt involvement of a lawyer from the moment of notification of the inspection: Legal support has the greatest effect when a lawyer is involved even before the actual start of the inspection. This allows you to have time to prepare documents, identify weaknesses, distribute functions between employees, and establish communication.
  2. Full access to documents and information: The specialist must obtain access to all necessary accounting, tax, personnel documentation, as well as to the internal regulations and policies of the enterprise. Without a complete picture, it is impossible to develop an effective protection strategy.
  3. Determination of responsible persons in the company: For prompt interaction with the specialist, the client must appoint one or more responsible persons who will provide documents, respond to requests, and participate in meetings. This reduces the time for coordinating actions.
  4. Signing a legal assistance agreement: For official support, an agreement is concluded that specifies the scope of services, work procedures, deadlines, payment, and confidentiality conditions. Such a document guarantees legal protection of the client's interests.

Clear compliance with the terms of cooperation allows the lawyer to effectively respond to the challenges of a tax audit and successfully protect the interests of the business.

 

Advantages of contacting a lawyer during a tax audit

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Prevention of fines and additional charges: A lawyer helps to avoid unjustified financial sanctions through a professional analysis of the audit report and competent refutation of the inspectors' conclusions.

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Official representative before the inspectors: The client is not left alone with the tax service - the specialist communicates with the regulatory authorities, represents the company's position, and protects its interests.

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Defense in court in the event of a dispute: In the event of a negative audit result, the specialist forms a legal position and defends the client in court, which allows for the cancellation of illegal tax decisions.

 

Frequently asked questions about legal support for tax audits

Question

How can a taxpayer appeal the audit conclusions?

Answer

You can appeal the conclusions of a tax audit either administratively - by filing a complaint with a higher tax authority, or in court - by filing a lawsuit with the court to declare the actions or decisions of the tax authority unlawful.

Question

Do you need a lawyer for a tax audit?

Answer

Yes, a lawyer for a tax audit may be necessary - he will help protect the rights of the payer, correctly respond to the actions of inspectors, record violations and appeal illegal decisions.

Question

Can you undergo a tax audit yourself?

Answer

Yes, you can undergo a tax audit yourself, but without proper knowledge of the legislation there is a risk of making mistakes. A tax lawyer will help you avoid fines and properly protect your interests.

 

What does the cost of legal support for a tax audit depend on?

The price of legal support for a tax audit is formed taking into account several factors: the type of audit (scheduled or unscheduled), its duration, the volume of financial and business transactions, the number of documents, the stages of involving a lawyer (only preparation, full support or appeal), as well as the region in which the audit takes place. In cases where participation in litigation is envisaged, the cost depends on the complexity of the evidence base and the number of court hearings. The estimate is agreed upon before the start of work and can be flexible depending on the client's needs.

 

Conclusion

A tax audit is a test of endurance for any company. However, with qualified legal support, this process becomes controlled and predictable. A professional lawyer helps to avoid mistakes, save resources, protect assets and maintain the reputation of the enterprise. If you are expecting a tax audit or it has already begun - do not waste time. Contacting a lawyer from the first minutes is the best solution to protect your business.

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