Another successful case in the confrontation with a tax service, during administrative appeal and litigation in 2 instances, the TEFFI Law Firm’s team added to its portfolio.
The Client is an international company, a leader in the field of IT-solutions for logistics tasks.
Circumstances: the tax service conducted an unscheduled documentary audit in respect of the Client. The reason for the audit was the fact that the ex-head of the Counterparty had become under a sentence for forging documents. Based on this information only, the tax authority concluded that all business transactions, including transactions with the Client, were fictitious. As a result, the Client was unlawfully charged with additional millionth tax liability.
The strategy of TEFFI Law Firm’s lawyers was based on the following:
– the Client’s operations with the Counterparty are real, which is confirmed by properly issued primary documentation, the movement of assets and a real economic goal – to use the premises as the main operational office;
– at the time of the conclusion of the contractual relationship, the Counterparty was a duly registered legal entity, had no encumbrances or other suspicions for declaring it unfair;
– the existence of a verdict against the Director of the Counterparty is not evidence that all transactions of such a Counterparty with third parties are unrealistic, and in each case it is necessary to conduct a study of specific business transactions.
Based on the results of our team’s work, the Sixth Administrative Court of Appeal put an end to the dispute and confirmed the Client’s legal position regarding the illegality of tax decisions made.