Arbitration tax disputes
Arbitration tax disputes

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Arbitration tax disputes

Arbitration tax disputes are an eternal topic of relations between business and the state. Their significant number on the territory of the Russian Federation is also associated with the peculiarities of the mentality of businessmen. At the same time, the conflict is resolved quickly when in an arbitration tax dispute the defendant is not a legal entity, but an individual. The statistics of satisfaction of claims is almost one hundred percent, if we are talking about just such a situation of an arbitration tax dispute. The requirements of the tax officer are undeniable and "transparent", it is enough just to analyze the income of the person, the statistics of his transactions, information about his property.

On the other hand, if an arbitration tax dispute is initiated, on the contrary, by an entrepreneur, there are also many chances for a successful outcome of the case. In general, entrepreneurs feel a serious responsibility for their actions, and those who do not evade paying taxes are just very scrupulous in their bookkeeping. In the course of an arbitration tax dispute, they themselves may already present claims against the actions of the tax officer (erroneous claims, etc.).

Situations are more complex and contradictory when it comes to LLC, legal entities, and the facts of complex financial transactions. Arbitration tax dispute is a problem for both parties. Both the tax authorities and the tax attorney of the enterprise very ingeniously defend their case. As a result, the courts are simply overloaded with cases related to tax sanctions.

It has been going to precede the arbitration tax dispute with one more stage - pre-trial tax proceedings - almost since the mid-2000s. Of course, this does not mean that now it has become impossible to get to the level of an arbitration tax dispute (judicial), and not all categories of cases have been moved down a notch. But, nevertheless, at present, entrepreneurs argue with the tax authorities, first on the territory of the tax authorities themselves.

By the way, this has not diminished the number of arbitration tax disputes. On the other hand, there is an ambiguous approach of judges to arbitration tax disputes: there is a greater bias towards the "formal" truth (to the detriment of the "material" truth).

Formalities and a shortage of professional staff among inspectors and auditors have a heavy impact on the life of a company, which is forced to resolve issues with the help of a tax arbitration dispute. Therefore, it is necessary to resort to legal advice to minimize tax risks.

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