Tax department

Tax cases

Representation of taxpayers before tax office

The proceedings conducted by the tax authorities does not always bring positive and correct ending. It happens that the abuses, committed by tax authorities, lead to disputes between them and the taxpayers. 

Tax authorities carry out diverse actions on a large scale in the area of control of timeliness and amount of taxes discharged to the administration authorities. Today, entrepreneurs are familiar with tax control activities or tax proceedings, designed essentially to check whether the taxpayer complies with his obligations towards the state, and if not – compel to carry them out. However, the procedural complexities, terms of control, obligations of tax authorities arising from the mode and manner of proceedings often – with the detriment to citizens – are not known to them.

Keep in mind that very often it is the taxpayer who initiate the proceedings, not the tax authority – e.g. in order to return the overpaid tax. Whatever the reason for initiating the procedure – whether it occurs at the request of the taxpayer or of its own motion – consider using a service of professional legal assistance to secure the proper way of proceedings.

We help each client to choose the optimal administrative or legal-administrative way in a particular case. We will advise whether it is worth to make certain business decisions in view of the “client’s tax situation”, and finally – we will investigate whether there is a chance of obtaining compensation for the wrongful act or omission of the tax authorities.

Our tax attorneys assist clients during fiscal control ensuring that taxpayer rights are observed. If necessary – we advise whether to submit a new declaration covering the area investigated. Our experience covers representation of taxpayers reaching beyond the scope of domestic law – we will assist you also when it comes to sources of income located outside of Poland.

Representation of taxpayers before administrative courts

In case of negative tax ruling a right to court may be exercised. Such disputes are resolved by the administrative courts – Wojewódzki Sąd Administracyjny (WSA) and if one party decides to bring a cassation appeal – disputes are resolved by the Supreme Administrative Court (Naczelny Sąd Administracyjny – NSA).

As a rule, representation of the parties before the administrative courts may be entrusted only to attorneys, legal advisers or tax advisors. The application of the relevant provisions of tax law and of proceedings before administrative courts law requires necessary expertise and knowledge of tax law.

Therefore, it is important to entrust tax law cases to tax attorneys with experience and expertise in handling such cases. As part of our services we will clarify the facts, forming the basis of complained decision of the second instance office, we will evaluate the merits of a complaint, draw up a pleading directed to the WSA (Administrative Courtand NSA (Supreme Administrative Court) and represent our client during trials.