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Call on the expertise of our tax lawyers.
The complexity in tax matters of a VAT audit in a company by the administration makes it almost mandatory to have the help of lawyers who are experts in the field.
Cyplom is one of the few firms that specialize only in all areas related to Value Added Tax.
Our specialists will be at your side to support you throughout the tax audit, but also upstream to ensure compliance avoiding the risks of correction.
Before looking at the help that our Value Added Tax experts can provide for this type of control, let's see the different ways in which the tax administration intervenes to carry out this compliance check. It will of course check the VAT collected and the deductible VAT.
The tax authority requires the company to provide specific accounting documents, such as purchase and sale invoices, bank statements, VAT returns, etc., to verify the compliance of the company's VAT return.
A tax officer comes to examine current commercial transactions, invoices, accounting records, contracts, etc. within the company.
In-house and on-site checks are often combined for a more thorough check.
In some cases, the tax authority may check a sample of transactions or accounting documents to assess the company's VAT compliance.
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With the advance of technology, the tax administration can also carry out remote checks based on the company's computer data, in particular by using data processing software to detect possible irregularities or anomalies in the VAT return (see our page on the fiscal audit of CFCI computerized accounts).
The administration can thus use the numerous dematerialized information in its possession.
The advantages of having VAT experts at your side during these types of checks are numerous. Especially in view of the complexity of tax laws and regulations in force.
We support you from the start of the tax audit in order to identify the strengths and weaknesses of your Company.
This stage is decisive in the rest of the tax audit.
Together with you, we determine the best control position to adopt.
For example, if an error is identified during the audit phase, it may be appropriate to regularize the situation at the beginning of the audit in order to limit the risk of applying a penalty.
We support you at each stage of the inspection, during appointments with the inspector in order to defend the interests of the company.
In case of disagreement, we negotiate with the tax authorities to find an amicable agreement. If the disagreement persists, we will defend your interests in court.
Let's organize a meeting to talk about it!
The complexity in tax matters of a VAT audit in a company by the administration makes it almost mandatory to have the help of lawyers who are experts in the field. CYPLOM is one of the few firms specialized only in all areas related to Value Added Tax. Our specialists will be at your side to support you throughout the tax audit, but also upstream to ensure compliance avoiding the risks of correction.
VAT is one of the main sources of government revenue, accounting for half of tax revenue. In 2021, INSEE reported a loss of around 20 to 25 billion euros. The tax administration, through the General Directorate of Public Finances (DGFiP), is therefore very picky on the subject and VAT tax inspections in companies are more and more numerous. Calling on a specialist tax lawyer during VAT audits allows you to have:
• a thorough analysis of the situation,
• specialized legal advice on possible defence and recourse options,
• expert representation before financial administration officials, including during possible negotiations,
• access to effective solutions and to the protection of corporate rights.
In addition, beforehand, the tax lawyer specializing in Value Added Tax represents an undeniable advantage for an in-depth audit in order to avoid errors or shortcomings in relation to the legislation.
Before looking at the help that our Value Added Tax experts can provide for this type of control, let's see the different ways in which the tax administration intervenes to carry out this compliance check. It will of course check the VAT collected and the deductible VAT.
It is a thorough check of the company's accounts and accounting documents, including those relating to VAT. This verification can be carried out on site on the premises of the company (verification on site) or by asking the company to provide its accounting documents to the tax authorities (verification on documents).
The tax authority requires the company to provide specific accounting documents, such as purchase and sale invoices, bank statements, VAT returns, etc., to verify the compliance of the company's VAT return.
A tax officer comes to examine current commercial transactions, invoices, accounting records, contracts, etc. within the company.
In-house and on-site checks are often combined for a more thorough check.
In some cases, the tax authority may check a sample of transactions or accounting documents to assess the company's VAT compliance.
With the advance of technology, the tax administration can also carry out remote checks based on the company's computer data, in particular by using data processing software to detect possible irregularities or anomalies in the VAT return (see our page on the fiscal audit of CFCI computerized accounts).
The administration can thus use the numerous dematerialized information in its possession.
Indeed, for several years, the electronic filing of declarations has been mandatory. The administration thus has a set of data for both national and intra-community transactions (see our page on CESOP declarations).
Note: in all cases, including IT controls, the company is informed of the implementation of the prior checks.
In the event of non-compliance, the controller issues a reasoned correction proposal. The company has the opportunity to respond to the various issues raised within 30 days.
Adjustments, fines and penalties, regularization obligations are the direct consequences for the company both in terms of the Value Added Tax collected and/or deductible. Not to mention, of course, the very image of the company and its reputation, which will suffer.
It is therefore essential to call on a reputable tax lawyer for the careful management of these controls.
The advantages of having VAT experts at your side during these types of checks are numerous. Especially in view of the complexity of tax laws and regulations in force.
Relying on our expertise means:
• keep a specialist who is focused on the subject by his side,
• benefit from the expertise of lawyers dealing with these issues on a daily basis,
• consider control with less stress,
• do not excessively mobilize human and material resources,
• benefit from professional representation with the administration.
Our tax lawyers made the strategic choice to focus only on the complex area of VAT. You will benefit from their training and experience at several levels.
Between the complexity of tax regulations and the uniqueness of each business, a VAT lawyer will provide personalized advice on the best approach to take during the tax audit.
He will thoroughly analyze all accounting practices and internal tax documents (VAT returns, invoices, delivery documents) subject to caution or not, prior to and during the audits, to verify potential irregularities and assess tax risks.
Finally, it will update the solutions, defense options and possible remedies.
The tax lawyer is at your side to clarify the situation but also to protect the rights of your company throughout the procedure.
Likewise, it supports the company in the possible changes and corrective measures to be installed to improve VAT processes and practices: staff training, internal audit, etc.
Note: CYPLOM develops effective Value Added Tax management tools that are effective, easy to access and can be customized while complying with existing regulations.
The tax lawyer will represent you during exchanges with tax administration officials, answer their questions, provide documents, etc. He is also a valuable negotiator in asserting your rights and seeking amicable settlements.
This is where our expertise in the arcane fields of accounting and taxation is more than valuable for your business.
Even if the VAT audit identifies anomalies or shortcomings, the lawyer is in a position to challenge any decisions or actions of the tax administration that may be unfair or disproportionate, and assert the company's rights in court if necessary.
Preventing rather than curing: the audit and advice of a VAT specialist
Of course, regulatory compliance avoids the inconveniences sometimes caused by a tax audit on the collection and deduction of value added tax.
Our firm thus offers audit missions on the management of VAT within companies (see our dedicated page).
This advanced analysis makes it possible to:
• follow to the letter the laws and regulations published by the tax authorities,
• benefit from the advice of specialists to improve your dedicated back office,
• optimize VAT management to make it not a mandatory chore but a vector of growth.
Do you want to create an audit beforehand? Do you have to face a VAT audit?
Contact us quickly, you will quickly understand the effectiveness of a law firm dedicated to this field and the importance of obtaining a high-end AND personalized service.
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