Scheduled documentary tax audit in 2024 appointed with the reference to low (compared to industry average) level of tax payment is illegal!
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.
SIMILAR POSTS
Alexander Minin and Ivan Shynkarenko spoke at the АНК Ukraine event “Tax audits of businesses: How to prepare and what to expect”
136
Statute of limitations: Restrictions for tax audits, application of sanctions, tax documents retention, and the impact of COVID/martial law
411
Tax audits: Types, criteria, and grounds for initiation
255
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?
611
Alexander Minin and Ivan Shynkarenko participated in the round table discussion “Tax and Customs Audits – Practice and Innovations” at AНK Ukraine
1584
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?
1914
Yuliia Kryvomaz spoke at the online event of the Ukrainian Bar Association dedicated to recent court practice in tax dispute resolution
599
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
1505
