We know everything about bankruptcy
15/05/2024
Wednesday
15 May 
1970 The first line of the Moscow Metro from the Sokolniki station to the Culture Park was opened.
1970 The first line of the Moscow Metro from the Sokolniki station to the Culture Park was opened.
1970 The “godless five-year plan” was announced, the aim of which was to “to forget the name of God in the country” by May 1, 1937.
1970 The “godless five-year plan” was announced, the aim of which was to “to forget the name of God in the country” by May 1, 1937.
1970 Portugal declared its bankruptcy.
1970 Portugal declared its bankruptcy.
BALANCE OF INTERESTS OF THE FEDERAL TAX SERVICE AND THE TAXPAYER? WE DEALT WITH THE TAX DUEL
According to the participants of the practical seminar "Control of tax transactions — 2023. Business VS FTS", held in Moscow on June 22, these issues require clearer regulation.
The platform brought together all interested parties - representatives of business (taxpayers) and the regulator (FTS). Experts in a live dialogue answered the most pressing questions, shared their practice and suggested options for initiatives to achieve a balance of interests. The discussion was moderated by Vladimir Kuznetsov, Vice President of the Association of Lawyers for Registration, Liquidation, Bankruptcy and Judicial Representation.
Tax commissions are working groups in the tax authorities that have the right to call entrepreneurs for explanations on certain issues of the company's work. Valentina Sukhomlinova, head of the control work department of the Office of desk Control of the Federal Tax Service, explained that taxpayers are invited to understand "at the start", to find out if the company knows where there are risks in their activities.
"This does not mean that we establish guilt. Our function is primarily service and preventive. By itself, the fact of establishing risks is not an established violation for the taxpayer. The proof of a tax offense is carried out within the framework of tax control measures exclusively taking into account the specifics of taxpayers' activities and financial and economic transactions performed by them, as well as information received from internal and external sources," Valentina Sukhomlinova noted. The Federal Tax Service wants business to work on trust, but this requires openness of business, said the representative of the Federal Tax Service. According to her, tax officials ask questions, the answers to which will help to find out the causes of the risk, confirm or refute the risk, and also find out whether the risk relates directly to the taxpayer being audited.
Yulia Prikhodina, Deputy Chairman of the Council for Financial, Industrial and Investment Policy of the CCI of the Russian Federation, shared the experience of the Council's experts and presented a report on "Working with NPAs in the field of tax legislation: proposals for anti-crisis measures in connection with the sanctions policy against Russia, as part of the amendment of Article 54.1 of the Tax Code of the Russian Federation, etc.".
The interests of business in the "tax duel" were defended by representatives of the Legicon-Pravo law firm - Dmitry Ryakhovsky, Doctor of Economics, Head of the Department of Taxes and Tax Administration of the Financial University under the Government of the Russian Federation, partner in tax practice of the Legicon-Pravo law firm and Oksana Popova, partner of the Legicon-Pravo law firm", senior lecturer at the Department of Taxes and Tax Administration of the Financial University under the Government of the Russian Federation, judicial tax lawyer. Experts voiced the top problems of taxpayers-businessmen: illegal claims, evidence of commercial prudence within the framework of tax control, tax reconstruction within the framework of inducement, and also figured out what is the difference - a tax crime, offense or abuse?
The issues of business fragmentation and where the danger of tax optimization lies were highlighted in his report by Vyacheslav Vorobyov, Head of the Tax and Law Practice of the BUSINESS PROFILE Group. The moderator of the session, lawyer Yevgeny Ivanov, Lawyer's Office of E.I. Ivanov, spoke with experts about criminal risks in tax legal relations. According to Alexey Serdyuk, lawyer, head of the practice of criminal legal protection of business of the Knyazev and Partners ICA, the most "traumatic" for business in criminal prosecution is the seizure of documents. Only in 17% of cases of visits of law enforcement officers to the offices of companies, nothing is seized. The chances of returning the seized when appealing the actions of law enforcement officers are no more than 4-5%. The protection of information from unauthorized seizure is the key to the stable functioning of the business, the speaker is sure. To do this, he suggests implementing remote information storage systems, training employees so that they have a clear and clear algorithm of actions when contacting law enforcement officers.
