Приклади вживання Tax consultation Англійська мовою та їх переклад на Українською
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Law and tax consultation.
Herewith a question arises,can one challenge such answer exactly as a tax consultation?
Is a tax consultation an act of individual action?
From these definitions it turns out that tax consultation is an act of individual action, since it is:.
Is a tax consultation a decision of the authority?
The position of the Constitutional Court of Ukraine,which confirms groundlessness of denial in challenging tax consultation.
Tax consultation: assistance in choosing the most optimizedtax system for LLC.
Ministry of Finance approves General tax consultation to allow VAT refunds for soybean and rapeseed exports.
Tax consultation is not an act of individual action, since it does not cause legal consequences for the subject of legal relationships;
Also the Tax Code of Ukraine in para. 53.3 defines that tax consultation can be contested as a legal act of individual action.
Tax consultation has individual character and may be used solely by the taxpayer which has been provided with such consultation.”.
In this case,judicially it would be more correct to contest not tax consultation but inaction of tax authority, which has not provided tax consultation within prescribed period of time.
Tax consultation is not a decision of the authority and herewith is not a subject of administrative claim according to the Code of Administrative Procedure of Ukraine.
We are to note, that as it follows from the publications of some print media on the subject matter,the initial version of such generalized tax consultation directly addressed the issues related to lawsuits on tax losses.
In this case contesting tax consultation as an act of individual action is objectively complicated.
Tax consultation- is an assistance of the controlling authority to the specific taxpayer regarding practical use of the specific law provision or regulatory and legal act regarding the matter of accrual and settlement of tax or fees administration, control of which was laid on such controlling authority”.
Therefore, despite of the amendments to the Tax Code of Ukraine,approved generalized tax consultation and verbal assurances of key official of the StateTax Service of Ukraine, the issue of court disputes on tax losses of past periods remains open.
Generalized tax consultation on incorporation of negative value of the object of taxation on corporate profit tax, approved by the order of the State Tax Service of Ukraine as of July 5, 2012 No. 575, which was supposed to settle the issue of ongoing court proceedings on past tax losses, in fact, contains no explicit provisions or guidance on ways of their solution(discontinuing the case as well).
Our practice covers international tax planning,including the guidelines for choosing jurisdictions, tax consultation, as well as the development of optimal solutions for capital movements, the analysis of the available schemes for their optimal usage, under any legislative innovations.
Tax consultation, which is provided by the tax authority, cannot be a subject of administrative claim, since the qualification feature of its substance is according to provisions of Article 105 of the Code of Administrative Procedure of Ukraine the legal meaning for an individual of authorities' decision, in other words, direct dependence of creation, amendment or suspension of rights and liabilities of an individual on such decision”.
In our opinion, the abovementioned para. 53.1 of the Tax Code of Ukraine dismisses thestatement of the Higher Administrative Court of Ukraine, that tax consultation does not create legal consequences for subjects of legal relationships, since it turns out from it directly that as a result of provision of tax consultation a taxpayer cannot be brought to responsibility under condition of taking action in accordance with prescriptions of such consultation. .
Can one challenge tax consultation, which contains a clear answer to the question asked, but such answer contradicts the provisions of legislation or substance of the tax? .
However, this does not mean that the tax consultation does not create, amend or suspend liabilities in the field of public relations.
Thus, in our opinion, tax consultation can be considered to be a decision of the authority in context of possibility of challenging it judicially.
In other words,in such case it would be fair to come to a conclusion that tax consultation yet influences the rights and liabilities in the field of public relations, since it limits the right of tax authority to bring to responsibility the taxpayer, which acted in compliance with a tax consultation. .
Can a statement that tax consultation does not breach rights and legal interests of a taxpayer be a ground for denial in challenging tax consultation? .
Denial of the right to challenge tax consultation with reference to the mentioned article is illegal, since in fact it deprives a taxpayer on formal grounds of the right for judicial challenge, which is directly envisaged by the legislation.
The case of the claim of cessation regarding the matter, that a tax consultation is not of the Legal nature, since it does not create any rights and liabilities for a taxpayer, does not contain any prescription obligatory for him, and herewith is not a legal act of individual action and cannot be challenged in administrative court is groundless”.
A taxpayer, which acted in accordance with tax consultation provided to him in written or electronic form, as well as in accordance with generalized tax consultation, cannot be brought to responsibility, in particular, based on the fact,that in future such tax consultation or generalized tax consultation was changed or cancelled.”.
It is not foreseen, to recognize tax consultation, which, on the taxpayer's opinion, does not contain any concrete answer to the question asked, by court to be invalid. This provision foresees therecognition of tax consultation by court to be invalid only in that case, when tax consultation contradicts the norms or matter of respective tax or fee, which was not proved by the Plaintiff”.