Tax and accounting judiciary expertise
Viboal FindEx comes to support companies that are in dispute with the Romanian tax authorities by providing specialized assistance in solving litigations appeared as a result of tax inspections carried out by the Romanian tax authorities.
Our services include counseling both in the disputing of the tax inspection report stage but also in the representation of clients implicated in tax litigation stage, benefiting from legal assistance provided by our collaborating law practice.
Assistance for drawing up of appeals include:
- Evaluating the findings of the preliminary or final tax inspection report from the point of view of validity and applicability of the tax authority’s findings.
- Documenting the public archive for jurisprudence, both national and European, related to disputes and identifying similar cases which received favorable decisions from Romanian authorities or from the European Justice Court.
- Selecting tax and accounting related arguments for combating the findings of the tax authority, by going through the national and European available applicable legislation.
- Correcting the form aspects noted by the tax authorities, in order for the elements considered by the tax authorities as being unfit to be admitted.
- Providing solutions and recommendations for avoiding future tax litigations.
In order to minimize or even eliminate the unfavorable consequences resulting from a tax inspection, we recommend that you turn to the tax consulting services offered by Viboal FindEx, both before facing a tax inspection, as also during the tax inspection..
We offer you a bundle of services which insure the significant reduction of the VAT reimbursement period and minimization of any tax risks, structured as follows:
Tax and accounting planning and revision
In this stage we identify the main tax related risks for insuring the conformity with the taxation and accounting regulations in force and minimize the risk of adjustments or additional tax, fines or penalty calculations.
In the case of identifying of tax risks which result from the way the transactions are structured, Viboal FindEx’s specialists can offer consulting for restructuring said transactions. If these restructurings entail schemes not yet covered by current legislation, Viboal FindEx can help assist you in obtaining an anticipated tax solution.
Assistance during tax inspections
During this stage we mediate the relation with the tax authorities, insuring that the taxpayer’s rights are being respected, that the tax inspection team does not exceed its attributions and that any unfavorable observation is justified by a correct legislation interpretation. Our efforts are focused on discouraging abusive and intimidating behavior and on combating the creation of opinions lacking any legal substance from the tax authorities.
Prompt reaction to the institution of unfounded obligations constitute a proactive approach. In practice, accepting an unfounded argumentation in this stage leads to a reduced possibility for later combating the tax decision, once the argument gains a formal character by being included in the tax inspection report.
At the same time, if Viboal FindEx was not contracted in the planning stages, our efforts are concentrated on correcting any tax and accounting issues during the tax inspection, by restoring the deductibility of the tax base.
Viboal FindEx can provide tax and accounting assistance by presenting pertinent arguments to any findings that have no legal grounds made by the tax authorities, by formulating points of view in writing related to the findings of the tax inspection team, by formulating answers to explicative notes solicited by the authorities, by assistance in drawing up the point of view which has to be expressed by the tax payer in relation to the tax inspection report.
Assistance in the administrative and judicial procedures of disputing the administrative acts
We provide assistance in the phase of representing clients implicated in tax litigations which imply representing the client in front of the tax authorities and in front of a court of law by arguing the position adopted by the company.
The arguments invoked by the lawyers who will represent you in court are based on the tax and accounting arguments provided by the specialists at Viboal FindEx. If you intend to file a lawsuit against the tax authority, it is important to know that if you do not dispute the administrative act (the taxation decision) on an administrative channel, in the legal term, you lose the possibility for filing a lawsuit.
From the most important projects we mention:
- Assistance during the administrative procedure of disputing a taxation decision and tax inspection report for one of the most important local companies which activates in the construction and agriculture domains in Romania. The assistance services led to eliminating tax adjustments which were in value of over 1.000.000 EUR.
- Assistance in contesting the taxation decision and tax inspection report for the most important multinational company which activates in the insurance and private pension sector in Romania. The assistance services led to a VAT reimbursement which was initially refused, in value of over 350.000 EUR.
- Assistance during a transfer pricing related tax inspection for a multinational company which activates in the domain of tea distribution and decreasing the adjustments imposed by the tax inspection team with over 300.000 EUR.