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Appeal of post-audit findings

Specialists:
Anna Vinnychenko
Anna Vinnychenkomanaging partner, attorney
Nosik Bogdan
Nosik Bogdanattorney
Yarovy Artem
Yarovy Artemattorney
Anna Vinnychenko
Anna Vinnychenkomanaging partner, attorney

Customs post-audit is a form of control that the supervisory authorities carry out after customs clearance of goods has been completed, in order to verify the correctness and accuracy of the data stated in customs declarations by examining accounting documents, accounts and business management systems.

To implement the requirements of the International Convention on the Simplification and Harmonization of Customs Procedures (the so-called Kyoto Convention), a new version of the Customs Code of Ukraine was adopted, which regulated the conduct of customs audits.

The main areas of post-clearance control are:

  • the correct determination of the tax base and the timeliness, accuracy and completeness of the assessment and payment of customs payments;
  • the correct determination of customs value;
  • the correct classification of goods under the UKT ZED;
  • the validity and lawfulness of benefits and tax exemptions obtained.

Post-audit in customs matters takes the form of documentary inspections, which in turn are divided into on-site and desk inspections.

It should be noted that during documentary on-site inspections the supervisory authorities are granted a wide range of rights to clarify matters related to the inspection, which in turn creates additional risks of abuse that may adversely affect the company’s business. Thus, during an on-site inspection, officials of the supervisory authorities have the right to:

  • inspect monetary, financial and accounting documents, reports, contracts, declarations, cost calculations and other documents that may relate to the import (shipment) of goods into the customs territory of Ukraine or the territory of a free customs zone, or to the export (shipment) of goods outside the customs territory of Ukraine;
  • examine the production, storage, retail and other premises of the company under inspection;
  • carry out control analyses of raw materials, materials and finished products and control production runs of raw materials and materials that were or are under customs control or were used by the company under inspection to manufacture finished products from raw materials and materials placed under the relevant customs regime, or have these actions carried out by authorised experts; have authorised experts carry out control measurements of the volume of construction, installation, repair and other works;
  • require an inventory of fixed assets and inventory items that were or are under customs control or were used by the company together with goods placed under the relevant customs regime, and, if the company refuses to carry out such an inventory, apply to a court for an order obliging the company under inspection to carry it out;
  • if officials are not allowed to examine the territory and production, storage, retail or other premises or to carry out control analyses, apply to a court to suspend the company’s debit transactions on its accounts by freezing its funds and other assets;
  • draw up reports on customs violations;
  • determine the amounts of tax liabilities
  • obtain information from insurance companies and banks in the manner and to the extent provided by law;
  • for the time needed to clarify the matters under inspection, place customs seals on computers, safes (cabinets), archives and other places where documents needed for the inspection are kept, including in electronic form, as well as on storage, production and retail premises, if there is a risk of unauthorised removal, destruction, substitution or change in the condition or quality of the goods in those premises that could affect the decision taken following the inspection.

Given the above levers available during a customs post-audit, which can even bring a company’s business to a complete standstill, only an experienced attorney specialising in customs and tax disputes can effectively appeal post-audit findings and counter the supervisory authorities in such a case.

AN ATTORNEY’S ASSISTANCE IN CUSTOMS POST-AUDITS AND IN APPEALING TAX NOTICE-DECISIONS ISSUED FOLLOWING A POST-AUDIT covers a wide range of services, including:

advice on the conduct of inspections and on the legal consequences of, and procedure for appealing, tax notice-decisions issued following a post-audit;

legal assistance during inspections;

appealing tax notice-decisions issued following a post-audit;

representation in courts of all instances;

appealing decisions, actions or inaction of supervisory authorities concerning additional assessments of monetary liabilities and penalties;

appealing decisions, actions or inaction of supervisory authorities concerning the classification of goods under the UKT ZED;

drafting requests, complaints, applications and other legal documents to appeal tax notice-decisions issued following a customs post-audit.

Why you should trust us
SPECIALIZATIONOne of the areas of WinnerLex activity is resolving disputes related to foreign economic activity, including customs disputes, since our team aims to create the conditions for your business to operate without legal barriers.
EXPERIENCEThe WinnerLex team has extensive experience in successfully resolving a large number of customs disputes of various categories and levels of difficulty.
PROACTIVITYWe see the possible threats and protect you from the possible risks.
COMPETENCEKeeping track of current changes in customs legislation and of the current case law of administrative courts, combined with the experience we have already accumulated in customs disputes, allows us to apply a comprehensive and always up-to-date approach to resolving customs disputes.
PROFESSIONALISMOur experts have many years of experience in legal support of medium and large businesses, so we understand your needs like no one else and have enough experience to resolve the most complicated legal issues of our clients. WinnerLex attorneys regularly take an active part in customs law forums and seminars, so they are among the first to learn about the latest trends in this field.
RESPONSIVENESS“Emergency legal aid” whenever a customs dispute arises.
Attorney’s advice:

Financial sanctions for breaches of customs legislation are substantial. Fines range from 100 to 200% of the value of the goods that are the direct subject of the customs violation. In certain cases, the goods may also be confiscated in addition to the fine. Actions aimed at unlawfully avoiding or reducing customs payments are punishable by a fine of 300% of the unpaid customs payments. That is why self-checks of compliance with customs legislation by participants in foreign economic activity play an extremely important role in minimising the risk of negative consequences following a customs post-audit.

Frequently asked questions