Services

Tax consulting today is in demand as never before. Changes in legislation are too often and too considerable. The risks for market participants are too high. In some circumstances personal freedom of the managers or owners is under the threat.

The main task of the tax lawyer is to give a professional recommendation on the case. The lawyer must analyze all possible risks (compulsory collecting of arrears, penalty fees and fines; cessation of transactions, possible causes of initiation of proceedings; etc) and – what is the most important thing – offer the best and legal way of problem solving.

Business Consulting has a vast court practice in protecting client’s interests in tax disputes what allows the law firm to choose the most effective way for each case. The goal of the Department of Tax Consulting is to minimize the aftershock of the tax audit, and speak for the client in courts and rating authorities.

In the Department of Tax Consulting work lawyers, who have plenty of ready solutions for solving such problems. They are familiar with the whole arbitral practice in tax disputes, and have a huge experience in case prosecution in courts of different regions of Russian Federation. They gained authority in arbitral courts of all levels.

In the majority of the cases Business Consulting convinces the court to make securing arrangements. That allows Business Consulting to begin the protection of client’s valuable interests on the stage of cognizance, even before the positive court decision. Business Consulting lawyers, while case preparation and prosecution, work side by side with financial, accounting and legal departments of the client. At client’s will preparing documentation and participating in juridical sitting is held by Business Consulting itself, or together with the client’s departments. In each case Business Consulting takes into consideration the necessity of combining the experience of the lawyer and the knowledge of distinguished characteristics of the client’s business.

Business Consulting provides a wide range of services in the sphere of tax consulting:

…- Tax consulting;

…- Tax risk management;

…- Prosecution of the tax dispute in court.

.And the following:

…- Preliminary effect evaluation of the possible deals and investment projects;
…- Juridical examination of actions and decisions of rating authorities;
…- Preparation of analytical survey on judicial and arbitral practice in tax disputes.

……

The most significant projects:

…• Validity and financial viability of expenses

In 2002 a special term was coined – expenses; it is used in computation of income tax. That caused a lot of questions and disputes on opinion of rating authorities on “financial impropriety” of different expenditures.
The auditor’s actions often lead to profit taxation without taking into consideration actual costs. They calculate taxes according to possible profit, which the taxpayer would receive if he had only those expenses that the auditor consider as reasonable. Business Consulting lawyers developed the complex of references, which allow the lawyer prove that the taxpayer has a right to include into expenses those expenditures, that were actually incurred while receiving profit.

…• Defining VAT basis in realization of the property package

While realization of the property package, the Internal Revenue Code stipulates a special way of VAT computation: a difference between the gain and the book cost. Rating authorities question the possibility of such way of computation. And this becomes the reason of many disputes, which Business Consulting successfully wins in court.

…• Peculiarities of lease taxation

Business Consulting repeatedly consulted on the questions of defining redemption value of property; tax accounting of lease payments, advance payments and the redemption value of property for VAT and profit tax. The following questions are under the competence of Business Consulting:
…- recognition of lessor’s expenses on the purchase of the leasing object in case of amortization;
…- calculating the amortization and paying road tax on the lease object.

…• Taxation of securities dealership

Business Consulting has a big experience in substantiation of the expenses on purchasing stock, and developed its own method of calculating accounting price/selling price of stock. Business Consulting also analyzed VAT taxation in cases when taxable and non-taxable kinds of activities are combined on the stock market.