Corporate, Commercial Law and Dispute Resolution · Contracts, Commercial Law and Transactions
Appeal of a Tax Notice-Decision
A tax notice-decision is as written notification by a supervisory authority informing a taxpayer that an additionally assessed monetary liability must be paid.
Such a notice-decision is issued following an inspection of the taxpayer and is based on the information set out in the inspection report.
Issuance of a tax notice-decision and additional assessment of liabilities may be based on the tax authority's assessment of documents and facts without sufficient consideration of the taxpayer's arguments or exculpatory circumstances.
If the taxpayer disagrees with the tax notice-decision and the additionally assessed liability, There are two routes of appeal: an administrative appeal to the higher tax authority or an appeal before a court.
A proper assessment of the actions and decisions of the supervisory authority and of the situation as a whole is presented as the basis for seeking cancellation of the tax notice-decision and protecting the taxpayer's interests.
Appeals against tax notice-decisions involve many issues that may not be obvious to a non-specialist and therefore recommends involving professionals with experience in such disputes.
To avoid missing statutory appeal periods, Beginning the appeal work immediately after the inspection or receipt of the tax notice-decision is recommended.
It also recommends, where possible, involving an appropriate specialist before the supervisory authority begins the inspection or before documents and information are provided to it.
Tax Notice-Decision Appeal Process
Review the situation: analyse the tax notice-decision and the documentation on which it was based, then formulate the legal position and strategy.
Prepare for action: collect the necessary documentation, prepare letters and applications, and prepare and submit the required documents.
Participate in protecting the client's interests: meet representatives of the supervisory authorities, carry out the necessary pre-trial settlement actions, and provide judicial protection.
Note
Court fees and the cost of expert opinions required by the court are paid by the client.
In its described practice tax notice-decisions are often found unlawful in court proceedings and are cancelled in full or in part.
Judicial appeal of a tax notice-decision is described as a detailed process requiring time, professional knowledge and experience.
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Price: Appeal of a Tax Notice-Decision in Ukraine