What to do if the tax authority has nevertheless admitted a violation?

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sadiksojib35
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Joined: Thu Jan 02, 2025 6:47 am

What to do if the tax authority has nevertheless admitted a violation?

Post by sadiksojib35 »

If civil-law relations with the self-employed have been reclassified into labor relations, the first thing to do is to contact specialists. Tax authorities do not always do this reasonably, but to defend your position in court, you need a professional understanding of the situation.

In the event of a court case, the taxpayer has the right to use additional documents and arguments that were not provided to the tax authorities. Analyzing the practice for the current year on what errors in the execution of documents the court considered critical and in what cases it sided with the tax authorities, one can, for example, note the absence of a specific volume of work in the contract with the self-employed person - or when the self-employed person actually obeyed bosnia and herzegovina telegram the internal regulations and work schedule in force in the company.

On the topic: Taxes for the self-employed. How to pay?

Other common cases include fixed rates and regular payments, the absence of other income for the self-employed person other than income from a specific legal entity, the presence of a pass for the self-employed person to enter the company’s premises, marks in the employee arrival and departure register, etc.

The court also takes into account the testimony of witnesses, photos, videos and correspondence in instant messengers, for example, between the self-employed and the company's clients or the self-employed and other employees.



Conclusion
One of the main trends in tax policy today is bringing taxpayers out of the "shadows" and increasing tax collection. This is the reason for the increasingly close attention of tax authorities to the financial transactions of legal entities, individual entrepreneurs and the self-employed, as well as amendments to the current legislation. But, as is well known, forewarned is forearmed.

Current changes require close attention from entrepreneurs. The new rules for working with the self-employed are a reminder of the need to be more attentive to drafting contracts. It is necessary to refresh your memory of the "regulations" for safe interaction, review current contracts, and ensure that you have the necessary documents. And also, check whether there are any self-employed people working with you with whom the relationship has lasted a long time and, in fact, has already become labor relations.
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