FISCAL LAW

Legal assistance in the field of taxation

Legal assistance in the field of taxation

The priority area of activity of “Borysenko & Partners” law firm is the provision of professional legal services for business. And, as it is known, business and taxes are two absolutely inextricable concepts.

налоговые споры

Assessed taxation in Ukraine is characterized by a high degree of complexity, as well as responsibility for decisions made. Therefore, legal assistance in fiscal matters, in other words, tax consulting, is one of the first and necessary points for an entrepreneur from the moment of having a business idea.

Legal Services of “Borysenko & Partners” law firm in the area of taxation law:

  1. Legal advice in the field of taxation, including in matters of legal tax optimization.
  2. Accompaniment of tax inspections.
  3. Appealling tax decision notices (TDN)

What does the legal assistance of our lawyers in each of the listed services include?

  1. Legal advice

Legal advice on issues relating to taxation is often the staging ground in choosing a particular mechanism of making deal or business model as a whole. You must admit that entrepreneurship raises a whole host of issues related to taxation, for example:

— What taxation system choose to conduct this or that type of activity?

Today in Ukraine there are two taxation systems:

— general;

— simplified (includes 4 groups).

Moreover, each of the systems and groups has its own characteristics.

So, for example, a legal entity can be both on the general taxation system and on the simplified one (to be the one of 3rd group). The question is in the amount of annual income, because a simplified system, although much simpler in terms of administration, is applicable only if the “revenue” of such a business for the year does not exceed 5 million UAH. And this is just one of the exsisted nuances.

— What are the legislatively established terms, period and procedure for paying taxes in Ukraine?

The legislation establishes the following types of taxes:

— national taxs income tax; personal income tax; VAT; excise tax; environmental tax; rental tax; special tax;

— local (property tax; single tax).

As we have already noted, knowledge of the position of the State Fiscal Service and judicial practice regarding the payment of a tax largely depends on the qualification of a tax lawyer. Professionals of “Borysenko & Partners” LF on the basis of the information provided, will explain you in the simple language the existing tax bases and rates in Ukraine, as well as the procedure for calculating and paying them when choosing a tax system for your business.

— how to optimize company taxation?

Tax optimization is a legal and effective “savings”, which, first of all, is based on a well-constructed business strategy. Depending on the type of activity and plans of the client, tax lawyers of “Borysenko & Partners” will help in choosing the most appropriate legal method to reduce budgetary payments.

May we remind you that the evasion of the payment of taxes is one of the prevailing commercial crimes in Ukraine (Article 212 of the Criminal Code of Ukraine). However, business entities are not deprived of the opportunity to use all legal methods to optimize the taxation of their business in Ukraine.

Our company is guided in all the nuances and innovations of legislation, both at the national and international levels, as well as in the possible prospects of tax reform and its impact on business. Our lawyers and legal experts are ready to share this knowledge with their clients, providing high-quality legal advice. We work in Dnipro and throughout Ukraine.

— what is the right way to prepare to a tax inspection?

Our tax lawyers will provide advice on complex issues related to preparing for a tax inspection and, if possible, will help to eliminate those violations that may become the basis for calculating additional tax obligations and penalties.

— how to optimize the taxation of a particular operation?

Typically, such issues arise in the case of the sale or acquisition of real estate or other assets. For example, there is a need to sell part of the business or transfer the property of one legal entity to the balance of another. This can be done in various ways: by selling profit participation rights, corporate restructuring, or by asset disposition. Each of the methods has many nuances, including in terms of taxation, and our tax lawyer will help you choose the best one. In such cases, the cost of our services will be incomparably lower than the financial savings that will be provided by the selection of the right mechanism for conducting the transaction.

The remarkable thing is that Ukraine has still not achieved significant success in terms of ease of doing business. Incorrectly assessing the seriousness of the issues or using the wrong method of tax optimization, you risk not getting the expected profit from your company. And this is a “minimum program” of consequences for a business without professional legal advice. On the other hand the “maximum program” may prove to be a head-on collision with the tax authorities with all the consequences that come with it (up to the registration of criminal proceedings), which, as a rule, begin with a tax inspection and receipt of a tax decision notice (TDN).

  1. Accompaniment of tax inspections.

Lawyers of our company deliver legal survices in accompaniment of tax inspections in Dnipro. According to the current legislation, such audits can be:

— office tax audits;

— desk audits (scheduled/ unscheduled; remote audit/field tax audit);

— effective tax inspections.

The purpose of any tax audit is to find the maximum number of violations that will be the basis for additional accrual of tax liabilities. But during performance of a tax audit, you can stay calm, having secured timely legal advice.

Today, there are cases of “surprises” from the side of the tax authorities in the form of an effective tax inspection. We strongly recommend our clients to have the “hot line” number of “Borysenko & Partners” law firm at hand in order to receive timely legal assistance from our lawyers at the place of the inspection.

We remind you that following procedures of tax audit is a question of exclusively legal nature, in which only an experienced tax lawyer has a good sense of direction. Enlist the help of professionals, because the right actions during the audit can significantly strengthen the position in the event of a dispute regarding the appeal of a tax decision notice (TDN).

  1. Appeal of tax decision notices (TDN).

In case of absence of violations of the tax legislation, the company receives an appropriate certificate from the tax authorities. But inspections during which taxpayer violations of the law were not detected are a rather rare occurrence. A tax decision notice (TDN) is what a tax audit usually ends with.

An appeal of TDN in Ukraine can be carried out both administratively and judicially. Judicial appeal is usually more effective method, but in many cases we recommend you to appeal against tax decision notice by an administrative procedure as well.

We remind you that today the deadline for administrative appeal of TDN is 10 business days following the day of receipt of the tax decision notice, however, the deadline for payment of the amount of the monetary obligation determined by the tax authorities is “measured” in 10 calendar days, not business days, following after the day of receiving the TDN.

We also draw attention to the fact that if the deadline for an administrative appeal is missed, it is legally established that the amount of this monetary obligation is agreed.

Moreover, in accordance with the provisions of the Tax Code of Ukraine and litigation practice, the appeal of a tax decision notice in court is possible at any time within 1095 days from the date of the deadline for submitting the relevant tax reporting.

So, we kindly hope that we sufficiently advanced arguments on that tax consulting is one of the most important elements of good business operations of high quality. Our lawyers have many years of successful experience in the field of taxation law. This is confirmed by both good litigation practice of appealing tax decision notices, and by the success of our clients’enterprises.

It is well-known that issues related to taxation in Ukraine are quite complicated. Answers to them can be provided by our specialists. Under our lawyers’ belts there are a huge number of successful projects related to the legal tax optimization.

The objective of the business is to make profit. And it should be borne in mind that profits and taxes go hand in hand. And the main thing for an entrepreneur is to objectively evaluate this relationship and entrust legal issues to competent specialists. Remember it is quite expensive to learn from own mistakes. The amounts of tax liabilities in tax decision notices (TDN) can contain an impressive number of characters, and the process of self-appeal of the TDN may be delayed and generally not lead to the expected result.

Our law firm is a team of professional attorneys and tax lawyers with many years of experience in Dnipro and other cities of Ukraine. “Borysenko & Partners” is your guarantee for a legal and profitable entrepreneurial activity.