Assistance during the tax audit
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The State Tax Service of Ukraine publishes the plan for scheduled tax audits for the next year annually, by 25 December, at its website. If your company is on the list, it means that the State Tax Service has included it into the category of high-risk tax payers. The extent of the risk of a tax payer is established by the State Tax Service based on the criteria approved by Order of the Ministry of Finance No. 524 dated 02.06.2015. The frequency of audits of the payer depends on these very criteria. Moreover, lawfulness of scheduled tax audits during the quarantine is disputable, which is confirmed with the applicable case law.

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In this regard, the lawyers of TOTUM LF offer their services to prepare the Client’s company for a future tax audit, namely:

1) assessment of how legal inclusion of the Client’s company into the plan for scheduled audits is, and, where violations are detected, appeal from such inclusion, which can prevent such audit before it is even started;

2) tax diagnostics (tax audit) to identify the risks that may be a basis for taxes and fines. They include recognition of transactions as unreal ones, revocation of the tax credit and costs, correction of errors made in payment of the land charges etc.;

3) proposals as to the most efficient ways to mitigate the identified risks and the algorithm for protecting the Client’s company from tax inspectors’ visits.

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Moreover, the team of TOTUM LF can assist your company during the tax audit itself. In particular, such assistance can include:

  1. a) check of the documents presented by the tax inspectors for the audit (order, assignment, official identification documents), and decision on whether to admit the inspectors;
  2. b) preparation of the company’s staff on the future audit, analysis of the documents to be shown to the tax inspectors during the audit, communication with the tax inspectors during the audit;
  3. c) drafting of objections to the audit report and representation of the company during consideration thereof.
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If the Client’s company has been subject to additional taxes and fines by the controlling body, TOTUM Law Firm may also separately offer services for appealing the results of tax audits. Such an appeal can be made both to the State Tax Service of Ukraine (at this stage we involve a business ombudsman in the review of the complaint) and to the court.

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