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The early retirement case

Some citizens have the right to retire early. For example, teachers, medical workers, people employed in heavy industries, miners. For early retirement, they need to have a certain length of service, collect documents and apply to the Pension Fund of Russia. Unfortunately, it is sometimes difficult to take a well-deserved rest - due to a number of mistakes, a pension may not be assigned. This happened to our client. The woman was denied the appointment of an early insurance old-age pension due to the lack of special work experience.

The company's lawyer got acquainted with the PFR decision, studied the client's documents and realized that the refusal was unlawful. The Pension Fund did not take into account the period of completion of advanced training courses (2 months) in the total length of service, although the employer himself sent her to these courses. According to Article 173 of the Labor Code of the Russian Federation, during the training period, the employee is granted additional leave, while the employee retains the position and salary. And for some employees, for example, medical ones (like our client), advanced training is a prerequisite for doing work.

Thus, the client of our company did not interrupt her medical activities, she was on the staff. The employer sent her to undergo training so that she could continue to perform quality work. Therefore, these two months should be included in the length of service. So the court, to which we applied for the protection of the rights of the client, considered it. The pension has been awarded.

The case of a deceived interest-holder: how to recover damages

Deceived equity holders often turn to us in search of protection and truth. For several years now, we have been helping them compensate for property damage and moral damage. After all, thousands of people suffer from the unscrupulousness of developers: they suffer losses due to missed deadlines for the delivery of houses, the need to look for alternative options for living while waiting for their apartments.

Let's talk about a case in which a lawyer had to defend the interests of a client in a dispute with a major developer in the Moscow region. In 2015, our client entered into an equity participation agreement, according to the terms of which, in October 2016, the interest holder was to receive the keys. But this did not happen. And it didn’t happen for a very long time, the developer significantly delayed the deadlines. The developer sent an additional agreement to the shareholder, in which he indicated a different deadline for the completion of the object. But our client did not agree with the changes and gave the developer a notice of unilateral refusal to execute the contract and termination of the equity participation agreement with a demand to recover

the amount paid under the DDU,
and interest on borrowed money.

However, the developer did not fulfill the requirements of the shareholder. Then, with the help of a company lawyer, the client decided to protect his interests in court. We prepared procedural documents, evidence base and appeared in court in the absence of our client. As a result of competent preparation, we managed to recover, in addition to the price of the DDU agreement and interest,

the fine provided for by consumer protection law,
compensation for non-pecuniary damage,
as well as expenses for the services of a representative.

If you also need the help of a real estate lawyer, contact My Family Lawyer -.

It's about the fight for meters. Relationship breakdown and apartment

A good deed is not called a marriage. Even civilians. Often cohabitation without marriage registration leads to the fact that people cannot share the property acquired during the years of almost family happiness. Property relations of persons living together, but not married, are regulated by the norms of the Civil Code of the Russian Federation on the creation of common property (Articles 244, 245 of the Civil Code of the Russian Federation).

The company was contacted by a man who had lived with a woman and her child for ten years. He sold his apartment to buy a bigger one for his new family. Ten years later, when the woman filed a lawsuit to recognize the defendant as having lost the right to use the residential premises and deregister, it turned out that “the defendant’s move into the apartment was temporary, and he was not a family member.” They say she let him sleep. The lawyer of our company drew up a counterclaim to recognize his ownership of ½ share in the common ownership of the apartment. The plaintiff, of course, stated that the statute of limitations had been missed (three years), but it was found that the couple actually lived together until 2016, and he learned that the man’s rights had been violated not so long ago.

In addition, the court found that the defendant invested personal funds in the purchase of an apartment from which he was evicted by a former missus (moreover, the amount was greater than that which she contributed). For this he sold his one-room apartment has no other housing. Therefore, to deprive him of the right to a disputed apartment = to deprive him of his home. And this is contrary to Part 1 of Art. 40 of the Constitution of the Russian Federation and art. 8 of the Convention for the Protection of Human Rights and Fundamental Freedoms.

Plaintiff's assertion that their relationship with the company's client cannot be considered a de facto marriage is not true. This was proven through the testimony of witnesses. Thus, the court dismissed the claims of the plaintiff and satisfied the counterclaim of the client of our company in part. Most importantly, he received ownership of ½ of the apartment.

Recently, there was news in the media about a legislative initiative in the field of family and marriage relations. It is proposed to equate the property relations of cohabitants, if they live together for five years (if they have a common child - two years), to marital relations. That is, the property will be considered jointly acquired, divided, as in a divorce... Lawyers are skeptical about the bill, but when faced with such cases, it seems that there is a reason.

Challenging paternity: to prove to the court non-involvement

By general rule, married parents are recorded in the registry office by the mother and father of the child at the request of any of them. When a child is born out of wedlock, the process is a bit more complicated. The mother must apply with an application to be recorded as one of her parents, the father, in turn, apply on his own behalf. the record of the child's father may also be made on the basis of a statement from both parents.

The company was approached by a citizen who, according to the records of the birth book, is the father of two children. But in reality he is not the father, and did not know about it at the time of registration. This is an important detail, because by virtue of clause 2. Article 51 of the Family Code of the Russian Federation, a claim to challenge paternity cannot be satisfied if at the time of recording the person knew that he was not actually the father of the child.

The entry of parents in the birth record book can only be challenged in court, so the company's lawyer has prepared a corresponding statement of claim. During the process, the mother confirmed that the plaintiff was not the biological father of her daughters. During the marriage, she cheated on her husband, did not appear for a genetic examination. Based on paragraph 3 of Art. 79 of the Code of Civil Procedure of the Russian Federation and Resolution of the Plenum of the Supreme Court of the Russian Federation dated May 16, 2017 No. 16 “On the application of legislation by courts when considering cases related to the establishment of the origin of children”, if the party evades the examination, does not provide the necessary for its conduct (materials, documents, information), and without the participation of this party it is impossible to conduct an examination, the court, at its discretion, may recognize the fact as established or refuted.

Considering the circumstances of the case, the testimony of the parties and other evidence, the court granted the claims of the company's client. From the acts of records of the birth of two children, information about the father is excluded.

A tax officer is a specialist whose role is extremely important in the process of optimizing the profitability of an enterprise as one of the effective tools for improving the taxation system in the modern economy.

In accordance with tax legislation, all legal entities, individual entrepreneurs and citizens are required to pay taxes. Receiving a certain income, an organization or an individual entrepreneur transfers part of its income to the state, i.e. taxes on income received.

Consultation is the most relevant thing that can be available to an entrepreneur to get answers to the questions of the most dynamic and complex tax legislation.

Tax law Russian Federation is based on the principle of good faith of the taxpayer, while not allowing discrimination in taxation, while tax disputes arise due to various interpretations norms of tax law, and the tax authorities for the most part abuse their rights, which leads to an increase in tax disputes and increases the judicial burden of the judiciary and business in general.

When looking for a competent tax lawyer, you can contact us, while reading the reviews of our clients and jurisprudence.

Taxes and the taxation system represent the implementation of the financial and fiscal functions of the state in practice. The tax authorities, whose activities are based on a wide range of legal and regulatory acts, play a key role in this function. Guided by the exceptional importance of the tasks entrusted to tax service, the tax authorities aim to replenish the state treasury by almost any available methods and sometimes, alas, neglect certain provisions of the law and interpret some legal norms solely in favor of public interests, forgetting about the rights and interests of a particular person - the taxpayer.

It should be noted that the process of tax optimization is a rather complex and time-consuming process, bordering on the actual concept of "optimization" and the process of tax evasion. It is possible to balance between these key factors subject to deep knowledge of legislative norms and the availability of practical experience in increasing the profitability of an enterprise within the framework of the law. To understand all the nuances of such a process, it is necessary consulting services competent and competent tax lawyer.

The activity of such a lawyer is of an exceptional and special nature, which is due, first of all, to the great responsibility for the work done. Speaking frankly, the development of the theoretical and practical parts of the concept of tax minimization involves not only knowledge of the theoretical norms and rules of legislation.

The need for legal advice for taxpayers

To confirm this circumstance, an experienced tax dispute lawyer, whose activities include representing interests in court, will cite many facts of real court cases, the result of which was the establishment of the fact of guilt of the tax authority and the recognition of the activities of the tax authorities as inconsistent with the established rules.

As an example of such proceedings, one can cite disputes related to the payment of tax when the taxpayer incorrectly executed the CBC or situations where the tax authorities charged additional VAT on gratuitous transactions as part of charitable activities by enterprises, based on the fact that these organizations were not charitable. Tax disputes in such categories of cases, as court practice shows, have shown that legal advice from a lawyer in many situations prevents the formation of a conflict. At the same time, the qualified assistance of a tax dispute lawyer is able to resolve the already existing conflict in the most favorable way during litigation thus protecting the rights of persons who have been violated by the tax authorities.

The number of tax disputes is growing every year. Paying taxes is an obligation of every business, organization or working citizen. But the very process of calculating and paying taxes can cause unpleasant contradictions. The authorities controlling the payment of taxes do not always correctly interpret the requirements of the tax legislation, which entails fines not for the benefit of the taxpayer. In order to most effectively and quickly settle a tax dispute, we suggest contacting a law firm for the help of a specialist.

The main disputes are

Unreasonable refusal to refund VAT;
Application of sanctions to taxpayers based on the results of detection of violations during the audit by the tax authorities;
Blocking the accounts of a company or entrepreneur;
The requirement to pay taxes, fines and penalties on them;
Unreasonable write-off of finances from the company's current account.

Means of resolving tax disputes by a lawyer:

appeal against the act of an audit conducted by tax officials;
appeal against a decision made by a tax authority to a higher organization;
during the course of the trial.

Any reality entrepreneurial activity is such that "flaws" in the legislative sphere are used by modern accounting for the benefit of the enterprise. For this reason, the use of methods and methods is widespread, which allows optimizing tax payments by “circumventing” legal norms. An example is the artificial formation of a VAT credit or an increase in gross expenditures in order to reduce income tax. Such actions are carried out with the help of illegal operations. On the one hand, it is documented - "a mosquito will not undermine the nose", but in fact the actions cannot be materially confirmed. The identification of such “schemes” by the inspection bodies at the enterprise is a reason for initiating a criminal case with the prosecution of officials.

To avoid such consequences, a tax specialist must have a high level of qualification, have sufficient practical experience in this area. Only under such conditions is it possible to clearly distinguish between the usual process of optimizing the profitability of an enterprise and a criminally punishable violation of the law.

Tax legal advice offers:

advising on any issues related to Russian tax legislation;
assessment of tax risks when concluding any transactions;
a detailed analysis of the reorganization of the enterprise or its creation in terms of taxation;
advising on any tax disputes and much more.

Legal advice on tax disputes is needed not only during cameral and field tax audits. Tax advice may be needed when creating or reorganizing an enterprise. The development of optimal tax schemes for the interaction of enterprises that are part of a business structure helps to reduce tax risks and minimize tax payments.

The law firm Suvorov-Group provides legal advice on taxes for both legal entities and individuals. Many years of experience of our specialists in tax law allows them to provide high-quality advice to citizens and help them in solving certain problems related to taxation.

As a result, it is important to note that legal advice on taxes should be an indispensable and even commonplace for most business entities, participants in civil transactions and other taxpayers.

In order to represent the interests of an economic entity during relations with regulatory authorities, an expert of a special profile is needed. This is an experienced tax lawyer - an employee with higher education in the field of law, having skills in the financial sector, understanding the intricacies of civil law and able to provide legal assistance in audits, disputes and other issues arising in the course of contacts with government services.

Such a specialist has a broader specialization than a tax lawyer. When consulting with him, you can get help in a number of important issues.

Making a request for the provision of information or documentation for the customer from tax authorities . This may be required in the event that there are doubts about the correctness of the preparation of documentation by the tax authorities or when preparing the documentary base for further proceedings.
Preparing employees for interrogation . As practice shows, conversations between representatives of the tax authorities and employees of the enterprise do not always take place in the proper manner. A tax lawyer who will consult immediately before talking to the inspectors will tell you how to answer provocative questions correctly so that all the testimony of the company's employees coincides with its position on problematic topics.
Formation of objections to the acts of inspections ‒ a tax lawyer understands how to emphasize what is important to indicate in complaints to higher authorities, the Federal Tax Service, etc. Despite the standardized format of such documents, not every accountant or head of an enterprise will be able to correctly substantiate his position if he disagrees with the audit acts.
Recommendations, planning and risk assessment , solving other problems directly related to the calculation and payment of mandatory payments by an economic entity.
Work under special tax regimes, etc. Features of drafting documents under a special taxation regime can slow down the work of accounting. An experienced lawyer in such a situation will help optimize the process of document management.

A frequent area in which tax lawyers working in large cities are involved (Moscow, regional and regional centers), is the VAT refund activity, return of personal income tax with deductions, etc.

In the event that the management or the chief accountant does not have enough time to deal with such issues, the lawyer will complete the task as soon as possible, observing the norms of the law and guided by the interests of the client.

Cost of services of a tax lawyer

The cost and duration of the services of a tax lawyer depends on many factors: the quantity and quality of the available documentation, the presence of violations, fines or debts of the company, etc.

The cost of consulting a tax lawyer is many times lower than the costs or losses incurred by your company as a result of incorrect tax documentation.

Each organization registered with the IFTS is associated with mandatory inspections by regulatory authorities. If all the requirements and norms of the Law of the Russian Federation are not met, then the management of companies and individual employees have problems that our tax lawyer will competently resolve.

Mistakes of employees, imperfection of legislation, unjustified risks, distorted data on declarations and financial accounting - all such oversights involve fines and penalties, sanctions and other penalties that entail unforeseen expenses.

To see an objective picture of the current state of affairs, what, first of all, you need to pay attention to, what needs to be fixed quickly, and, most importantly, how to do it all correctly and ensure guaranteed profits - you simply cannot do without the help of an experienced tax lawyer. Such a specialist knows all the nuances of the current legislation and will always provide assistance in tax matters.

Key Functions of a Tax Lawyer

You can see all the information about the services of tax lawyers, as well as their pricing policy for cooperation with various organizations, in the profiles of the performers. Every entrepreneur who asks for help always needs quality support:

when developing an overall strategy in resolving tax disputes
in conducting pre-trial consultations for company representatives
in the preparation of appeals against acts from tax inspectors
when applying to different courts.

As part of any case, no matter in which you need a tax lawyer, you can contact him for qualified assistance on any issues and at any time - at the first stage of consulting, and then practical. Competent consulting, in-depth analysis of the economic and financial activities of your company, resolving the issue of tax reporting, charges, risk assessment by an experienced specialist will help to avoid unexpected expenses and a host of other problems in the future.

Our tax litigation lawyer will provide the following services:

submit the client's declaration to the tax office
legally competently advise the taxpayer before conducting the appropriate audit
protect the rights of the client in a tax dispute
competently draw up documents for the return or reimbursement of overpayments on taxes (including VAT)
advise on the formation of a taxation scheme, accounting and tax reporting
conduct a tax audit to prepare the organization for a tax audit.

In addition, a tax lawyer involves an examination of taxation and advice on the elimination of various violations. We also provide tax audit in matters of construction best way taxation, where the goal will be the security of industrial companies and trade organizations. The price for services is quite acceptable, given the contribution to the FIU.

As part of legal services (we are considering a tax dispute), key importance is given to achieving the legal rights of the client and the following measures are taken:

study all documentation to determine the legality of decisions and actions carried out by the tax inspector
negotiate with auditors
legally competently prepare an appeal against violations of rights by the tax inspectorate
protect the interests of the client in civil court
challenge the tax verdict of arbitration in higher instances.

The list of legal services in Moscow and the region, for which the largest number of calls to the YouDo service is registered:

Service	% of the total in Moscow
enforcement proceedings
business support (legal subscription services)
case in arbitration courts of first instance
legal support of transactions
drafting agreements and similar documentation of a legal nature
registration of ownership of real estate and transactions on them (stage-by-stage or full support)
registration of the right to land (to lease a plot or to own it)
case in arbitration courts of cassation or appellate instance
conducting a case of general jurisdiction in a court of first instance
case of general jurisdiction of the supervisory or cassation instance
appeal against actions or omissions, representing the interests of the client in local government or state bodies
drafting statements of claim, complaints and similar documentation of a procedural nature
Oral or written legal advice
examination of documents, preparation of an opinion, tax audit

A tax lawyer in Moscow will always effectively resolve a variety of adverse situations of any degree of complexity at affordable prices. And pay attention - all problems are eliminated regardless of the stage at which the case is being processed at the time of filing an application for assistance in a tax dispute. Leave an application on the Yudu website and wait for responses from professional lawyers.

Tax legislation is constantly changing, as a result of which it is extremely difficult for any citizen who does not have special knowledge both in the field of taxes and in general in the field of jurisprudence to navigate and understand what to pay for this year and, most importantly, how much.

Of course, you can spend time and own forces and try to understand all the nuances. However, a much more correct solution is to get a free consultation from a tax specialist, especially since you don’t even need to leave your home and go to a lawyer’s office: you can get advice online or during a telephone conversation.

There are several cases where the help of a lawyer who understands all the intricacies of taxation will be useful to you:

You just want to figure out how much taxes and what to pay for this year, whether you qualify for a tax break, etc.;
You need to register your own enterprise or reform (reorganize) an existing one. As you might guess, such a process will inevitably be associated with a lot of bureaucratic procedures, and in addition, you will need advice (especially free) of a professional on optimizing tax deductions (in other words, advice on how to pay less taxes);
For one reason or another, you or your business are threatened with sanctions for non-payment or late payment of taxes. Of course, in this situation, the advice of a qualified lawyer will not interfere, which will help you not to make mistakes, not to waste your energy in vain and get out of the difficulty with minimal losses.

On what issues do you turn to a tax lawyer for a free consultation

Our consultation is provided to any citizen absolutely free of charge and, in the field of taxation, may relate to the following topics:

Return or payment of VAT;
Receiving a social and / or property tax deduction;
Works under the simplified scheme of taxation;
Avoidance of penalties caused by non-payment or late payment of taxes and other misunderstandings caused by ignorance of the Tax Code;
Deadlines for filing the declaration and the need for its regular completion;
Possibility to fill out a tax return more than once a year;

Possible penalties for non-compliance. Registered in the Tax Code of the Russian Federation;
Appeal against illegal actions of employees of the tax inspectorate;
Everything possible types tax incentives and how to obtain them (regardless of the status of the interested person);
Taxes on real estate, land and other taxable objects of property;
The procedure for conducting tax audits and how to avoid misunderstandings during such events.

Please note: you can ask as many questions as you want, and at any time of the day or night: our lawyers work around the clock, without holidays and weekends. In addition, you can be sure that everything you say will not be passed on to third parties: all conversations with a lawyer are absolutely confidential.

How to get free legal advice on taxes

To get free professional advice, choose any option you like from the list below:

Enter your question in the online chat form located at the bottom of our website on the right. At the same time, try to describe the current situation in as much detail as possible: this will allow the specialist, without wasting time on clarifying questions, to give you an exhaustive answer as soon as possible;
Request a call back by leaving your contact details in the same online chat. Additionally, you can specify the desired time of the callback. Our specialist will certainly call you back and discuss with you all the details of the case;
If you do not want to waste time waiting for a response from a professional, call yourself at the phone number listed on the site. It's completely free.

Remember: consultation with a specialist means not only providing you with necessary information, but also complete confidentiality: you can not be afraid that any information you provide, regardless of its nature, will be transferred to third parties. In addition, you can ask any number of questions and clarify the details as many times as necessary.