Alexey Stanchin
Alexey Stanchin Alexey Stanchin

Alexey Stanchin

Chief Tax Consultant
Industries

Manufacturing, Retail, Real Estate and Construction, Transportation

V CARD V CARD
Biography

Alexey has over 6 years of experience in tax consulting. Prior to joining Tax Compliance, he worked for consulting companies rated Pravo.ru-300 in the following categories: Tax Disputes, Tax Consulting.

He graduated from the bachelor's and master's programs at the Moscow State Law Academy. O.E. Kutafin (Moscow State Law Academy) in the direction of "jurisprudence" with a specialization in "tax consulting". Specializes in the analysis and management of tax risks, supporting companies in the framework of pre-audit analysis and tax audits, representing clients in pre-trial and judicial settlement of disputes with tax authorities..

Alexey implemented projects within the framework of on-site tax audits in the field of international taxation, in particular, on issues of income tax and passive income; contesting the decisions of the tax authority in cases of “splintering” the business; contestation of VAT amounts associated with the movement of goods across the customs border (TN VED), as well as successfully completed audits in such industries as Construction, Retail, Catering, Manufacturing, Transport and Logistics. He has practical experience in disputes on the application of tax reconstruction. Participant and speaker of conferences organized by Pravo.ru, Kommersant, Moscow State Law Academy. Author of articles and commentaries for business and professional publications.

Cases

Construction 39 million ₽
Pre-court settlement of tax disputes

Preparation of a legal position confirming the reality of engaging subcontractors

The client was rendered services to draw up an objection to the act of a tax audit, additional materials of tax control, the basis for the collection of taxes was the assumption of the tax authority that the organization has not carried out construction work on the site.

  • Purpose

    Confirm the actual performance of works by subcontractors for the construction of the Moscow-St. Petersburg Expressway, confirming the absence of a scheme to obtain an unjustified tax benefit

  • Employee involved

    Alexey Stanchin

  • Process description

    An on-site audit was carried out in respect of the client, as a result of which additional VAT was charged on the counterparty. According to the tax authority, in fact the specified work was not performed by the disputed counterparty, but was performed by the taxpayer itself or other organizations. In the legal defense developed a legal position, which proved that the performers were part of the same group of companies, consisting of more than 12 legal entities. The taxpayer, when working with the counterparty considered it as a single economic entity and could not know about the corporate structure of the counterparty.

  • Result

    According to the results of the developed legal position it was possible to confirm the economic feasibility of the transaction, as well as the reality of the financial and economic activities of the disputed counterparties.

Retail Successfully
Tax-support

Developing a legal structure for a large Russian catering company

  • Employee involved

    Alexey Stanchin

  • Process description

    The client had the task of reorganizing the legal structure of the business. Significant problems in implementing the project were: (1) restrictions on corporate matters by the founders; (2) a significant amount of accumulated deductions for inseparable improvements; (3) possible tax risks associated with the foreign element of the business. In view of the above, the taxpayer was offered ways to reorganize the existing legal structure. The Tax Compliance team has prepared a guide on how to implement the said project with the least risk of future tax claims.

  • Result

    The client received a guide on how to improve the existing legal structure and with step-by-step actions to implement it

Construction 705 million ₽
Pre-court settlement of tax disputes

Successful support of the field tax audit of the general contractor

  • Employee involved

    Alexey Stanchin

  • Process description

    The tax authority, as part of an on-site tax audit, came to the conclusion about the existence of affiliation (of the Client) with the first links. In particular, the tax authority asserted that: (1) there was no reality of performance of works; (2) the counterparties had no sources of VAT refunds; (3) they also lacked the necessary material and technical resources for performance of the accepted works. The Tax Compliance team helped the client to elaborate a legal position which confirmed: (1) the reality of performing construction and installation works by disputable organizations; (2) lack of controllability between the participants of the contractual relations chain; (3) unfoundedness of assigning VAT gaps to disputable counterparties.

  • Result

    The tax authority accepted the arguments of the taxpayer

transport Successfully
Pre-court settlement of tax disputes

Preparation of a legal position confirming the reality of freight forwarding services in conjunction with the reconstruction of a number of episodes

The client was rendered support services in the frame of on site tax audit, objections to the act of tax audit, additional materials of tax control were prepared, the basis for the recovery of taxes was the assumption of the tax authority of the technical links for the purpose of obtaining deductions for VAT and income tax.

  • Purpose

    Confirm the actual provision of transport and freight forwarding services rendered to the client, to apply the reconstruction of transportation services, to confirm the absence of a scheme to obtain an unjustified tax benefit

  • Employee involved

    Alexey Stanchin

  • Process description

    An on-site inspection was carried out in respect of the client, as a result of which additional VAT and income tax were charged on relations with controlled transit counterparties. According to the tax authority, the purchase of goods was actually carried out directly from organizations that apply special tax regimes (without VAT). As part of the legal defense developed a legal position to challenge the technical nature of the activities of the disputed counterparties, for part of the episodes was applied to the reconstruction of the income tax.

  • Result

    According to the results of the developed legal position it was possible to prove the lack of controllability between the participants in the chain of contractual relations, to confirm the economic feasibility of the transaction, as well as the reality of the financial and economic activities of the disputed counterparties.

transport 124 million ₽
Pre-court settlement of tax disputes

Preparation of a legal position confirming the reality of freight forwarding services

  • Employee involved

    Alexey Stanchin

  • Process description

    The tax authority in the framework of an on-site tax audit came to the conclusion that the taxpayer used technical links for the purposes of obtaining tax profits on VAT and income tax. In particular, the tax authority believed that: (1) in fact the provision of services took place directly from organizations that apply special tax regimes (without VAT); (2) the taxpayer and the counterparty are related business entities. In view of the above, the taxpayer was invited to dispute the technical nature of the disputed counterparties. The Tax Compliance team helped the client to elaborate a legal position which confirmed: (1) lack of controllability between the participants of the contractual relations chain; (2) economic feasibility of the transaction; (3) the reality of financial and economic activities of the disputed counterparties.

  • Result

    The tax authority accepted the arguments of the taxpayer

Publications