Anna Vinnychenko made a report “Optimization 2020: risks, schemes, checks”

On February 25, 2020 Anna Vinnychenko, Managing Partner of WinnerLex, is already traditionally took part with report on “Optimization 2020: risks, schemes, checks ” in the framework of the workshops “MINIMIZATION IN NEW CONDITIONS! Organization of tax planning, minimization at the enterprise”.

The legal issues of relations between business and tax authorities, the State Labor Inspectorate, the Antimonopoly Committee, and also in the context of financial monitoring, are very relevant today, including due to another wave of reforms and legislative innovations.

One of the distinguishing features of WinnerLex is its business orientation, which is why our lawyers provide legal support to business structures every day, in particular in relations with regulatory and law enforcement agencies, and constantly keep abreast of changes in legislation.

Therefore, during the report, not only normative innovations were announced, but also practical recommendations and action algorithms were given in case of problematic relationships with regulatory authorities, in particular:

• what tax optimization methods do the tax authorities consider as tax evasion schemes
• an a single tax provide financial assistance
• new law on financial monitoring and criteria for suspicious and threshold transactions
• independent accountants, auditors and consultants as mandatory subjects of the primary finmonitoring
• new definition of the ultimate beneficial owner and possible consequences of such an innovation
• ways to establish the reality of business operations and legal consequences
• the procedure for the formation of a schedule of documentary scheduled inspections of taxpayers and selection criteria
• legal status of information in the internal databases of the STS and ways to exclude such information
• in what cases it is possible not to admiss a tax check, what consequences and how to avoid the arrest of assets
• competent analysis of requests` reasons:
  when it is possible to avoid tax checks legally correctly and without consequences for management ?
  how to legally refuse to provide information and documents and when is it not worth it?
• 7 principles of correct tax audit passing
• differences between the correct appeal against the audit results from the wrong
• attributes of fictitious entrepreneurship in acts of verification, the existence of a protocol for interrogation of the director of the enterprise (counterparty)
• the existence of a sentence in respect of an official of the enterprise (counterparty)
• if there is a criminal proceeding in which an enterprise (counterparty) involved
• “famous” 36 questions of the investigator during the interrogation in the criminal tax case: elaboration of the correct answers
• what is tax prudence and what does the court pay attention to?
• State Labour Inspectorate inspections risk criteria (grounds for inspection visits)
• signs of an employment relationship and problems of re-qualifying civil contracts in employment contracts
• criminal liability for violation of labor law
• reasons for refusal to State Labour Inspectorate to check
• State Labour Inspectorate orders’ appeal procedure