Purpose of inspections and powers of control authorities
Scheduled tax inspection, audit, revision by supervisory authorities are a headache for even those entrepreneurs who conduct business transparently in compliance with laws. A problem is confusing rules of document management, regular changes of forms, prejudices, and intentional hypercriticism. Even a small mistake may be seen as abuse or intentional violation of the law. And even if on the part of visitors everything is legal, consequences are inevitable.
A lawyer, who may undertake preparation for an enterprise inspection and monitor compliance with the procedure during its conduct, will save time, nerves and money for a Ukrainian entrepreneur – a lawyer will check and prepare documents in advance, will estimate when will the authorities carry out inspection according to the register book and what scopes and actions may be inspected (economic activity of a market participant, tax reports, staff documentation, compliance with labour laws), will establish a list of seized property, and will provide supporting documents to prove facts inspectors may be interested in, will tell an entrepreneur how to deal with scheduled and extraordinary inspection, and will develop an algorithm of appeals. The presence of a competent lawyer during an inspection will tie the hands of dishonest inspectors, will prevent attempts of machinations for any purpose.
Risks of an entrepreneur during carrying out an inspection
Supervisory and control authorities have quite broad powers. Even the smallest violations detected during an inspection, that allegedly may pose a threat to anybody, can cause business interruption until it is resolved. Examination of documents may cause even more problems. Commissions of different structures have a right to:
- Impose fines or documental requirements entailing financial expenses;
- Withdraw or suspend a license for activity;
- Initiate additional proceedings, bring administrative or criminal cases.
The owner may suffer monetary and reputational losses. Even an indirect reminder of any problems with the laws may deprive of perspective contracts and partners` trust. Large companies for such cases have lawyers available. Smaller enterprises should involve a lawyer periodically. Employees of the Attorneys at Law “Bachynskyy and Partners” are ready to oversee an enterprise`s business comprehensively and be available if an inspection came suddenly, defending the rights of a client.
The assistance of a lawyer in preparation for a visit and during an audit
It is easier and more beneficial to prepare activities of an enterprise for inspection in advance, than to orientate regarding demands of inspectors on the go. Experienced labour, migration, tax law professionals, who possess the last forms and instruments, will check the state of activities, solve detected issues. Also, they will stop an arbitrariness if activities of a commission will have violations – it will allow avoiding illegal fines and even extortions.
A specialist may undertake the preparation of the entity’s employees for such events. He will provide conduction of a one-time or regular training regarding activities during inspections by tax service authorities or labour inspection, tell about rules how to fill in a register book of accounted funds in enterprise and explain in detail any law that falls within the competence of a responsible person. After such intensives employees will have a clear idea of what activities are expected and how to minimize possible negative impacts on yourself and your management. In future, a team will do everything by themselves according to a plan set by a specialist, however, it is possible to see a specialist at any moment.
Presence during a seizure of documents, a lawyer will exclude falsification and in real-time will say to the authorities what are they supposed to do and when inspectors abuse their powers. If miscalculations are detected during inspection, an attorney will quickly help to submit an appeal or reduce the size of sanctions, remove drawbacks, and achieve quick re-inspection to lift restrictions. A big collection of reviews and experience of extensive cooperation with representatives of small and medium business of a region prove the actuality of our company`s services. Extraordinary or scheduled inspectors and tax services visits will no longer be a nightmare for a businessman.