Cases

Cases

  • Retail Successfully
    Court settlement of tax disputes

    Judicial protection in bankruptcy proceedings at the request of the authorized body

    A bankruptcy petition has been filed against the Client based on outstanding tax debts

    • Purpose

      Representing the company in arbitration court in bankruptcy proceedings at the request of the tax authority

    • Employee involved

      Andrey Solomyany

    • Process description

      The tax authority filed an application for declaring the Company bankrupt in order to satisfy the claim for tax arrears collection through bankruptcy proceedings. Tax Compliance specialists have developed a defense position justifying the absence of grounds to recognize the application of the tax authority as justified and the need to terminate proceedings in the case

    • Result

      The court accepted the arguments of the Company, acknowledged the application of the authorized body unfounded and dismissed the bankruptcy proceedings

  • transport Successfully
    Advising on the application of tax legislation

    Advising the client on personal income taxation of individuals working outside the Russian Federation

    • Employees involved

      Mikhail Begunov, Ivan Tsvetkov, Nikita Zharov

    • Process description

      The Tax Compliance team was given the task of analyzing the tax risks associated with the procedure for taxing the income of individuals working outside of Russia.

    • Result

      The Tax Compliance team has identified the areas most exposed to tax risks and prepared recommendations for improving document management (in terms of processing the client's labor relations with employees working outside of Russia) based on the results of the analysis.

  • Production Successfully
    Support in the framework of pre-test analysis

    Assisting the client in preparing a legal position on the "splitting" of the business

    • Employees involved

      Mikhail Begunov, Nikita Zharov, Ivan Tsvetkov

    • Process description

      The tax authority, as part of its pre-inspection analysis, concluded that the taxpayer used a "split" business scheme. In particular, the tax authority believed that: (1) the inclusion of a retailer who applied the simplified taxation system ("Counterparty") in the chain "producer - end buyer" is due solely to tax motives; (2) the taxpayer and the counterparty are interdependent business entities. In view of the above, the taxpayer was requested to adjust its tax liabilities and submit revised tax returns. The Tax Compliance team helped the client to elaborate a legal position confirming that (1) business transactions with the Counterparty are real; (2) business transactions with the Counterparty have a business purpose; (3) no interdependence exists between the taxpayer and the Counterparty.

    • Result

      The tax authority accepted the arguments of the taxpayer.

  • Retail Successfully
    Tax Audit

    Advising a major client on the peculiarities of becoming a resident of the Free Port of Vladivostok

    • Process description

      The client planned to create a legal entity and make investments in the free port of Vladivostok. After the project was implemented, the legal entity to be created was to provide hotel services. The client contacted a consultant to analyze his investment project for compliance with the requirements for SPV residents. (Project implemented by employee before joining Tax Compliance)

    • Result

      As a result of the analysis, the client received a clear understanding of the main tax incentives for SPV and related requirements, as well as received clarifications regarding his investment project

  • energy 3 billions ₽
    Court settlement of tax disputes

    Representing a major oil producer in court to reclaim an invoice

    • Process description

      The client's counterparty refused to issue an invoice for the work performed on a major construction project. This position of the defendant was due to the fact that the parties had different approaches to determining the final cost of the work. The dispute was also complicated by the existence of conflicting practices regarding the possibility of such claims. (Project implemented by employee prior to joining Tax Compliance)

    • Result

      Through an elaborate strategy, the court agreed that the company's invoicing requirements of the counterparty should be satisfied.