+ Word must be in search result. - Words must not be in search result. * Word start/end on characters before/after symbol. ""Words in quotes will be searched as phrase.

 

Scheduled documentary tax audit in 2024 appointed with the reference to low (compared to industry average) level of tax payment is illegal!

author: Alexander Minin

02 April, 2024 Exclusive

At the beginning of December 2023, amendments to the Tax Code of Ukraine came into force, which established an exclusive list of grounds for including a company in the tax audit schedule for 2024.

The tax audit schedule for 2024 has been formed and published on the website of the State Tax Service.

However, it is not so easy to establish why a company was included and on what basis. The schedule does not specify the grounds for including a taxpayer in it, and therefore one has to guess.

This article examines the legality of scheduling a documentary tax audit in 2024 based solely on a company's low tax payment compared to industry averages. It argues that such tax audits are illegal because they lack legitimate grounds and unfairly target compliant taxpayers.

The article emphasizes the importance of adhering to legal procedures and protecting taxpayers' rights. It suggests that tax authorities should focus on evidence-based criteria for tax audits rather than arbitrary benchmarks.

The full version of the article is available in Ukrainian by the link.

 

Full text is open only for the subscribers.

Views 1215

SIMILAR POSTS

Alexander Minin and Ivan Shynkarenko spoke at the АНК Ukraine event “Tax audits of businesses: How to prepare and what to expect” 12 June, 2025    136

Statute of limitations: Restrictions for tax audits, application of sanctions, tax documents retention, and the impact of COVID/martial law 12 June, 2025    411

Tax audits: Types, criteria, and grounds for initiation 12 June, 2025    255

How long should we keep key documents for tax purposes?
A de facto limitation of tax audits for a “special period” in view of the absence of an obligation to keep documents for such “extended periods”
10 March, 2025    824

Renewal of tax audits: what shall be considered before deciding on allowing the tax authority to conduct the tax audit and during the tax audit? 08 October, 2024    611

Alexander Minin and Ivan Shynkarenko participated in the round table discussion “Tax and Customs Audits – Practice and Innovations” at AНK Ukraine 23 July, 2024    1584

The Law on the “white business club” (which is not primarily about “white” business) regarding the level of tax payment above the industry average – for the future, and as an implicit confirmation of the illegality of this in the past 02 July, 2024    1149

Is it impossible to challenge the tax audit orders even if they are issued in the absence of legal grounds? Should the taxpayer bite the bullet and tolerate the tax audit? 09 April, 2024    1914

Yuliia Kryvomaz spoke at the online event of the Ukrainian Bar Association dedicated to recent court practice in tax dispute resolution 12 February, 2024    599

Documentary tax audits and additional accruals – within what terms are they possible now?
And what is the storage period of documents for such tax audits (because how can there be a documentary tax audit without documents)?
09 January, 2024    2559

Difficulties or opportunities: an exemption from fines and penalties in case of payment of calculated tax liability amount within 30 calendar days after receipt of the tax notification-decision under subpara. 69.37 para. 69 of Sub-section 10 Section XX “Transitional Provisions” of the Tax Code of Ukraine 03 November, 2023    2376

The Supreme Court is at the service of tax authorities, or how the Supreme Court abolished the tax code, making the right to a tax audit indisputable and absolute 02 October, 2023    1505

Comment