How to handle disputes with the tax authorities?

Each year, the Administrative Court and the Court of Auditors handle a large number of tax disputes. Nevertheless, it is important to note that only one in ten cases ever reaches a judge. Since most disputes are settled out of court, the expertise of a tax attorney is essential to achieving a desired outcome. Their involvement ensures that clients are able to make the most informed decisions.

Essential facts about tax litigation

In the strictest sense, tax litigation encompasses all disputes regarding taxation. Nevertheless, specialists seek to expand this concept to include pre-litigation procedures conducted by the Tax Administration, such as audits. In most cases, the public authority initiates action against a taxpayer, typically to demand the payment of a specific tax or to impose a penalty following the discovery of fraud. This process ultimately results in a tax reassessment for the individual or the company. However, there are also instances where private parties take the administration to court, filing appeals for abuse of power or contesting the amounts claimed by tax inspectors. These types of cases require the intervention of a specialist to ensure compliance with both substantive and procedural rules. The complaint must include a statement of grounds, a summary of the arguments invoked, and the specific claims being made. Both judicial and administrative courts have jurisdiction to resolve this type of dispute. That being said, it is highly recommended to contact a tax attorney such as https://fiscalistes.net/. This will allow the key stakeholders to develop the most effective strategy. As previously mentioned, both parties often settle their disputes out of court. Taking the matter to court is not necessarily in the plaintiff’s best interest. If the opposing party decides to pursue every available legal avenue, a judgment may not be rendered for months or even years.

Why hire a tax attorney?

The tax litigation are particularly delicate. As the holder of public authority prerogatives, the Tax Administration is beyond reproach in the eyes of the courts. Taxpayers must build a robust case for their complaint to be admissible. In this context, the expertise of a tax attorney will be required to meet the stringent requirements of the courts. Their know-how will also be indispensable should the judge decide to refer the case to an arbitration court. In such an instance, a mediator will step in to help both parties reach a settlement. On this occasion, it will be absolutely essential to present the right arguments to ensure the administration makes certain concessions. Furthermore, this legal expert is also capable of managing a EU litigation. As a reminder, this type of dispute arises when a country’s tax practices impede the free movement of goods. The expertise of a qualified tax attorney becomes all the more essential in such specific cases. In any event, the practitioner possesses the necessary qualifications to verify irregularities in the accounting ledgers. By doing so, he will monitor the tax situation own client before outlining the procedure to be followed. This approach will also help prevent a restructuring process.