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Preparing a witness, accompanying and counselling them when questioned by a tax authority

"The record of interrogation is the queen of evidence." This is how one might characterise the methods used by tax inspectors to prove taxpayers’ receipt of unjustified tax benefit.

Interrogation as a tax control measure is one of the most difficult for a taxpayer, since unpreparedness, confusion, and ambiguity of the interrogee often have a negative impact and entail significant financial losses for the taxpayer: additional taxes, penalties and fines. In this situation, an effective way to protect a witness consists in support during the interrogation.

Within the scope of preparing a witness and supporting them during interrogation, BGP Litigation lawyers analyse the client’s current tax risks in order to predict the list of potential questions that might be posed by the tax authority during the interrogation. The attorney then counsels the client on their rights and obligations, as well as the tax inspector’s powers provided by the tax legislation during interrogation. The attorney then accompanies the witness to the interrogation at the tax authority, where they also counsel the client if any questions arise and ensure that the tax administrators respect their rights.

Services

Why BGP Litigation?
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BBGP Litigation lawyers have experience, including in tax authorities and BIG-4 companies, allowing them to perform, to a high standard, analytical procedures aimed at identifying tax risks associated with a witness being unprepared or confused during interrogation at a tax office.

It is worth turning to BGP Litigation lawyers if, within as part of a tax audit, company employees are called in for interrogation by a tax authority. Timely provision of legal assistance in such a case will do much to prevent the tax authorities from interpreting witness testimony in an accusatory manner.

Practice

Team

Alexander Golikov
Partner, partner committee member, attorney — Tax Advise and Disputes
Pavel Kondukov
Partner, attorney — Tax Advise and Disputes
Denis Savin
Partner, attorney — Tax Advise and Disputes
Valentina Semenova
Counsel, attorney — Tax Advise and Disputes