The court deals with disputes over the whole spectrum of tax procedures and all legal relationships related to taxation. This includes, for example, cases of invalidation of decisions on bringing to tax liability, refusal to reimburse tax, and recovery of tax from funds.
how we deal with every case
1
We carry out a detailed legal analysis of documents FOR FREE, sound options for solving the problem, timing and costs.
2
We agree on mutually beneficial terms, stipulate the terms of payment for the services of our lawyers, draw up and sign a detailed contract.
3
We pay great attention to collection of documentary and development of the entire situation. At this stage we try to work out all the nuances, subtleties, problems and risks; analyze all possible ways to solve the problem and choose the best path. The fate of the client often depends on this.
1
We carry out a detailed legal analysis of documents FOR FREE, sound options for solving the problem, timing and costs.
2
We agree on mutually beneficial terms, stipulate the terms of payment for the services of our lawyers, draw up and sign a detailed contract.
3
We pay great attention to collection of documentary and development of the entire situation. At this stage we try to work out all the nuances, subtleties, problems and risks; analyze all possible ways to solve the problem and choose the best path. The fate of the client often depends on this.
4
We protect the client’s interests in administrative bodies. This is the easiest and cheapest way to cancel the decision.
6
If necessary, we appeal against the decision of the court in the appellate and cassation instances.
4
We protect the client’s interests in administrative bodies. This is the easiest and cheapest way to cancel the decision.
5
If necessary, we defend our client interests in the court.
6
If necessary, we appeal against the decision of the court in the appellate and cassation instances.
FAQ
on violations of Tax legislation
Tax evasion can lead to both tax and criminal liability. Tax liability is stipulated in article 122 of the Russian Tax Code and entails a penalty of 20 percent of the unpaid tax amount, as well as penalty interest that are “tied” to the refinancing rate.
The fact of tax evasion is established during a desk or on-site tax audit.
A person may be held to criminally liable for failure to pay taxes and fees on a large or very large scale (Article 198 of the Russian Criminal Code), or if he does not submit a tax return or other documents for calculating and paying taxes or specifies false information in them. Non-payment of tax in large or on a large scale is punishable by fines, forced labor, arrest, or imprisonment.
The term “tax benefit” was introduced by the Resolution of the Plenum of the Supreme Arbitration Court of the Russian Federation #53 on October 12, 2006.
Reasonable tax benefit is the lawful reduction of the amount of tax liability due to one of the circumstances:
– reduction the tax base;
– receipt of tax deduction, tax benefits;
– applying a lower tax rate;
– obtaining the right to refund or tax refund from the budget.
The concept is actively used by the tax authority during tax audits. Obtaining tax benefits may be deemed unreasonable and entail the imposition of a fine.
The tax benefit is recognized to be unreasonable on the basis of a number of facts. For example, when the operations conducted by the firm did not have economic feasibility, or when the firm physically could not conduct the declared activities (there were no necessary material resources, personnel, technical capabilities, etc.).
No regulatory documents contain a definition of “business splitting” or “business fragmentation”. Moreover, the Russian Civil Code provides for a procedure for reorganization in the form of separation. However, the tax authorities can blame you of using of illegal business fragmentation schemes.
It is possible to avoid such claims if your every legal entity:
– is engaged in its activity, independently pays taxes, keeps records;
– has a staff, pays wages;
– has the assets necessary for conducting activity;
– independently bears the costs of maintaining or renting these assets.
One of the main conditions is that receiving income from the activities of such persons should be due to the increase in business areas and profit, and not due to savings on taxes.
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According to statistics, 80% of law firms in Russia have no more than three lawyers in the state. And this means that the majority of "legal consultations" are conducted with deliberate misleading of the client, because one lawyer rarely specializes in more than two fields of law. Also, the consultation is often "abandoned" by yesterday's students and lawyers without any practical experience in protecting the client in court. |
More than 10 people working in our forensic and consulting department specializing in various branches, sub-sectors and legal institutes (civil, tax, administrative, bankruptcy procedure, arbitration and civil procedure) work. Already on the consultation you will receive a qualified preliminary assessment of the prospects of your case. And you can be sure - our assessment is correct. |
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A contract is signed, which does not include all options for the development of events, certain aspects remain at the level of oral agreements as "self-evident". "Gray" payment schemes are often offered. Using the services of such a "lawyer", you are seriously at risk of spending your nerves and time - and at the same time paying for a negative result (or in general the absence of any result). |
First of all, we are interested in a stable and permanent relationship with the client, and this is possible only by gaining his trust. Therefore, the contract developed by us is designed for a fair settlement of relations in any possible situation. Also, our client always receives an official document about the funds paid to us and can use it to recover court costs |
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In such complex cases as disputes with state bodies, the development of a legal position requires not only high qualification of a lawyer, but also significant labor and time costs, because it is necessary to study and analyze a large number of case materials. Therefore, serious processes often turn out to be simply "out of the box" for small or young law firms. |
In our firm, careful development of the legal position in any more or less complicated case is imperative, which not only allows a thorough study and analysis of a large number of case materials, but also to find original solutions that do not lie on the surface for the development of a victorious legal position. |
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Trying to save and trust your defense in court to a law firm of two or three lawyers, or even a solitary lawyer, you risk that your defender will not be able to physically carry out the whole set of necessary procedures, and his arguments will not make a proper impression. As a result, even with a responsible attitude to your lawyer's case, the case can be seriously delayed, and the desired result will not be achieved. |
Protectionis traditionally assigned to us by at least two lawyers, one of whom is a lawyer-expert in the field of law to which your case relates. This gives us the opportunity to carefully prepare and conduct the entire set of necessary procedures, provide an evidence base for the judge to make the decision you need. |
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Protection in the courts is already "aerobatics" in the Russian jurisprudence. To entrust your protection to a law firm with insufficient experience of conducting (and winning) such cases means consciously reducing your chances to a minimum. |
Twenty-year experience and a team of lawyers, whose total length of service is more than 150 years, allows us to achieve victory in all judicial instances when considering cases of any complexity. |
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Many companies (lawyers), using the inexperience of the client in the proceedings, make the contract in such a way that they are liable to the client only for the decision made by the court. Those. are in no way responsible for the implementation of this decision, which may be for you in fact equivalent to the lost process. |
Our goal is not only to win in court, but also to get actual results for our client. This is our reputation, on which our profit is built. Therefore, we always go to the end, seeking full compliance with the obligations assumed. |
Common risks
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