Telephone
02-77093611
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@fdlaw
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17th Floor, No. 180, Section 2, Dunhua South Road, Da'an District, Taipei City
Telephone
02-77093611
Line
@fdlaw
address
17th Floor, No. 180, Section 2, Dunhua South Road, Da'an District, Taipei City
Many companies focus on the following during the tax bureau's audit phase:
Communicate with the person in charge.
Until one day I received:
Upon receiving the fine payment notice, I suddenly realized that the case had moved from "investigation" to formal proceedings.The stage of administrative sanctions and administrative remedies.The most dangerous thing at this stage is not: "The IRS determines that it is detrimental to the company."
Instead:Missed the relief deadline.Because tax administrative remedies have a very clear procedural order.
Dissatisfaction with assessed taxes or related fines is usually not:
Or go directly to the administrative court.
Instead, we must first determine: what kind of punishment is this?
When will it be delivered?
Should I apply for a re-examination first?
How is the follow-up examination period calculated?
If the review is still unsatisfactory, when is the next step to file an appeal?
If you're still not satisfied, when is the statute of limitations for administrative litigation?
It is also necessary to confirm whether the tax payment will be transferred for enforcement during the administrative remedy process.
The starting point for calculating 30 days and 2 months depends on the type of punishment, delivery, and legal provisions, and cannot be calculated directly from the date of the official document.
There are many IRS documents.
Not every official document provides the same form of relief.
Commonly included:
Other administrative penalties.
Therefore, after receiving the document, make one first:List of administrative penalties.At least:
Relief instruction.
Don't just say, "The IRS sent me a ticket."
When it comes to specific disciplinary actions, it should be decided by [the relevant authority/organization].Tax lawyers, back taxes and penalties, and tax administrative remediesFrom this perspective, first confirm the applicable procedures and timeframes.
Many cases involve receiving both back taxes and fines simultaneously.
However, the two have different legal natures.
The core issue is: how much tax should have been paid according to the law?
The core issue then goes on to involve:
And whether the calculation of the fine is legal.
Therefore, even if the tax payment is justified, it does not mean that all fines will necessarily be imposed.
Conversely, if there is a dispute over the amount of tax to be paid, it is not acceptable to simply state: "The company did not intentionally evade taxes."
Because tax disputes and penalties must be handled separately.
How much tax should be paid according to law?
Revenue, Costs, Expenses, Transaction Substance, Year, Tax Rate, Calculation
Aside from objective violations, is there any liability for punishment?
Intentional negligence, reasonable reliance, submitted materials, professional opinions, and basis for penalty.
The fact that the tax payment was accepted does not mean that there is no room for defense in the dispute over the fine.
If the IRS issues two separate administrative actions: an assessed tax penalty and a fine, they may be different administrative actions.
If a company is dissatisfied with both penalties, it cannot apply for a review of only one penalty and assume that the other penalty will also be rectified.
Therefore, after receiving the file, you must create:
How much should I pay?
What is the reason?
How much is the fine?
What are the grounds for the penalty?
Confirm separately:
Relief procedures.
Do not confuse two different disciplinary actions as "one IRS case".
And ignore the program.
according to"Tax Collection LawArticle 35 states that if a taxpayer disagrees with a tax assessment decision, they should, in accordance with the law:
Apply to the tax collection authority for a review.
so:The review is a very important first step in the process of tax administrative remedies.You can't assume that "the IRS will never change it on its own."
They can skip the review process and directly file an administrative lawsuit.
If the procedure is not followed correctly, even if the entity's claims are very strong, it may be unable to enter into the real legal dispute due to procedural issues.
This is one of the most important deadlines in the entire document:30th.But you can't just memorize: "30 days after receipt".
Because of different verification methods, the starting point may be different.
According to Article 35 of the current Tax Collection Law: If the notice of tax assessment states: tax payable or tax to be supplemented, it shall, in principle, be paid within the following timeframes:Within 30 days from the day following the expiration of the payment periodRequest a review.
If the assessment notice does not specify the amount of tax payable or the amount of tax to be supplemented, then in principle:Within 30 days from the day following the delivery of the notice of tax assessmentRequest a review.
Therefore, after receiving a document, do not only look at the date on the document.
What really matters is:Delivery date + payment period.
Because the time limit for administrative relief is not calculated based on when the company holds a meeting to discuss it.
It's not about asking: When will the chairman actually see the calculation?
First, we should confirm the legal aspect: service of process.
Therefore, when a company receives important documents from the IRS, it should keep them safe:
Internal receipt date.
And write directly on the first page of the case file:When does the relief period end?Do not wait until the day before you are to file the lawsuit to recalculate.
According to Article 35 of the Tax Collection Law, the date on which the tax collection authority receives the application for review shall, in principle, be the date of receipt.
However, if it is sent through a postal agency, then:Date printed on the postmarkAs the standard.
Therefore, when a case is nearing its deadline, you can't simply say, "We've already asked a colleague to send it."
Should be retained:
Proof of delivery.
The formal re-examination should target:The IRS has already made specific determinations.Refute each point one by one.
At least establish:
What does the IRS think happened?
What are the real facts of the transaction?
What documents can prove this?
Where is the IRS applying the law incorrectly?
If our claim is valid, how should the correct tax amount be adjusted?
For example: "The IRS believes that a certain expenditure is not a genuine transaction."
You can't just answer, "It's true."
Instead, it should be sorted out:
Purpose of the transaction.
Major corporate tax disputes typically include:
Tax law.
For example, the IRS may argue that a certain consultant fee does not exist.
If the company only writes: "According to the provisions of the Income Tax Law, this expense should be recognized and listed."
However, no proof was provided:
Without a factual basis, legal disputes regarding how the payment should be made lack a solid foundation.
Therefore, the real work of the follow-up examination is:Reconstruct the transaction. If the income is recognized as originating from funds between the company and its shareholders, further investigation is needed.How to reconstruct the nature of funds when shareholder transactions and accrued interest are subject to supplementary taxation.
If the dispute involves the content of the vouchers, they must also be compared.Disputes over the authenticity of ledgers, vouchers and transactionsWhen a transaction is questioned, it should also be clarified.Why can't cases involving fake transactions and false invoices only be handled by paying back taxes and fines?.
It needs to be judged on a case-by-case basis.
The IRS has: accounting records do not mean that it has a complete grasp of the facts of the transactions.
Perhaps more needs to be added:
Professional opinion.
The review is not just about confirming: "Did the IRS make a mistake?"
This may be the first time that a complete chain of evidence has been systematically presented that the IRS had not previously understood.
Paying all taxes in full should not be considered a prerequisite for applying for a review.
Even if a taxpayer disagrees with the assessed tax amount, they can still apply for a review within the statutory time limit.
According to Article 39 of the Tax Collection Law, if a taxpayer has applied for a review in accordance with the law, the transfer for compulsory enforcement may be temporarily suspended within the scope of the law.
However, whether or not all or part of the tax is paid first may still have an impact:
The enforcement arrangements for the subsequent appeal stage.
Therefore, one cannot simply ask, "Is it legal to pay first?"
Another question:How should companies arrange their funding and subsequent relief strategies?
According to Article 35 of the Tax Collection Law, the tax collection authority should, in principle, begin reviewing the application for review from the day following receipt of the application:Within 2 monthsA decision to review the case was made.
If no review decision is made by the expiration of the statutory period, the law provides for a system in which an appeal may be filed directly.
Therefore, reviewing cases cannot simply involve sending them out and waiting indefinitely.
The following should be established:
Timing of subsequent appeals.
If the review decision remains unchanged:
If other unfavorable assessments are made, the process needs to proceed to the next stage:Appeals.according to"Appeals LawArticle 14 states that, in principle, appeals should commence on the day following the date the administrative penalty is imposed.Within 30 daysMention it.
Tax cases typically involve receiving a review decision and then filing an appeal within the legally mandated timeframe.
Therefore, the second deadline you must remember is:The appeal was filed on the 30th.
If the review has failed, the appeal stage should first re-examine: what claims did the review decision actually answer?
Which types of evidence are accepted?
What evidence was ignored?
What reasons did the IRS use to reject the application?
The real point of contention is: the facts?
Accounting?
law?
Degree of proof?
program?
Therefore, the appeal should target:The reasons for the review decision itselfFurther offensive and defensive maneuvers.
Instead of copying the entire document: Application for Review.
This is a very important practical issue.
The answer is:Just because an appeal has been filed does not mean that the tax payment will not be transferred for enforcement.According to Article 39 of the Tax Collection Law, if one is still dissatisfied with the review decision and files an appeal in accordance with the law, in order to meet one of the conditions for suspending the transfer for enforcement, one can: first pay the tax payable under the review decision;one thirdAnd filed an appeal in accordance with the law.
If paying one-third is truly difficult, the law also provides for systems such as providing adequate guarantees.
Therefore, after receiving the review decision, companies cannot simply hand it over to their lawyers to write an appeal.
The finance department should also conduct a simultaneous assessment:
Is it possible that the case will be transferred to administrative enforcement?
This point must be clearly distinguished.
For fines cases for which administrative remedies have been initiated in accordance with the law, the enforcement procedures before the conclusion of the administrative remedy process differ from those of this tax.
According to Article 50-2 of the Tax Collection Act and related provisions, fines are generally exempt from enforcement until the administrative remedy procedure is concluded.
Therefore, do not tell clients, "You must pay one-third of the back taxes and fines before you can continue with the relief efforts."
This is inaccurate.
Should be separated:
Note the enforcement and one-third provisions in Article 39.
It shall be handled separately in accordance with its administrative remedies and enforcement provisions.
During the application for review
According to the law, the transfer for compulsory enforcement may be temporarily suspended.
Continue the appeal after re-examination
To meet the requirements for a temporary suspension of enforcement, pay attention to the review decision regarding the requirement of one-third of the tax payable/guarantee, etc.
Before the conclusion of administrative relief proceedings
It is handled in accordance with Article 50-2 of the Tax Collection Act and related regulations, which is different from the one-third system of this tax.
Do not confuse the enforcement rules for this tax with those for penalties.
Because the points of contention are completely different.
For example:
The point of contention is: should this income be taxed?
Can the fees be recognized?
Is the transaction genuine?
Year right?
How are tax rates and tax amounts calculated?
In addition to the facts mentioned above, we should ask further: Did the company act intentionally?
Was there any fault?
Is it reasonable to rely on professional advice?
Are the application materials complete?
How serious is the violation?
Is the penalty multiplier reasonable?
Therefore, even if two programs run simultaneously, the analysis architecture cannot be completely mixed together.
no.
Taxes owed and administrative penalties have different legal analyses.
For example, the transaction process is complex:
Even if the court or the IRS ultimately determines that taxes should still be paid, it does not necessarily mean that the taxpayer has committed the same degree of intent or negligence.
Therefore, when handling fine cases, a separate procedure should be followed:
Is there a legitimate legal dispute?
It could be very important.
But you can't just write, "This was done by the accountant."
It should be confirmed that:
The dispute is about whether it is a matter of fact or a matter of legal interpretation.
Professional advice may involve:
Reasonable reliance.
But no: as long as there is an accountant, all responsibilities automatically disappear.
Truly important evidence should be presented as early as possible.
Tax administrative remedies are not just about what was submitted during the first audit phase.
If found later:
Third-party certification should be assessed and submitted in accordance with the law.
However, the later the evidence appears, the more likely it is to be questioned: Why wasn't it there before?
Therefore, it must be kept:
The acquisition process.
Do not attempt to create a document that appears to exist after the fact, in order to seek administrative relief.
If you are still dissatisfied with the decision to appeal, you can proceed to the Administrative Court.
According to the current lawAdministrative Litigation LawArticle 106 stipulates that cases involving the withdrawal of lawsuits should, in principle, be handled by:The two-month fixed period after the service of the decision on the appealIt was mentioned internally.
Therefore, the third important deadline is:The administrative lawsuit lasted for 2 months.This is not 60 days.
Legally, the period used is 2 months.
The calculation of time limits must be handled in accordance with legal provisions.
Once the case enters the administrative court, the real points of contention may include:
Whether the burden of proof was properly fulfilled.
Therefore, administrative litigation should begin with:How do courts review the legality of administrative sanctions?The case was reorganized from a different perspective.
It's not simply: "I disagree with the IRS, so I'm saying it again."
No stage can be ignored.
The mature approach is:
Establish transactions and evidence.
The IRS disciplinary actions were formally broken down item by item.
The review decision was re-examined.
Transform the points of contention into those that the court can examine:
Legal issues.
The later the evidence is first compiled, the higher the cost usually is.
If the case is still under investigation, you can first learn about it.This is the first explanation of how to prepare after receiving a tax audit or tax adjustment notice from the State Taxation Administration..
This should not be oversimplified.
Cases involving "assessed taxes" are typically subject to the pre-review procedure under the Tax Collection Act.
However, the IRS may also take other administrative actions that are not part of the assessed tax.
These types of cases may involve filing a lawsuit directly in accordance with the law, without necessarily undergoing a review first.
Therefore, the first step upon receiving any IRS document should always be:First, identify the type of treatment.The 30-day review period should not be mechanically applied to all administrative penalties.
At least:
Enforcement status.
In cases involving large corporations, the worst thing that can happen is that the legal grounds are well-prepared, but the deadline is missed due to administrative procedural errors.
Each field should be filled in according to the actual document and legal regulations, and the date of the document should not be used in place of the date of delivery.
| document | Delivery date | Payment period | Relief Procedures | Relief period | Execution risk |
|---|---|---|---|---|---|
| Tax supplement assessment | Confirmed based on actual documents | Confirmed based on actual documents | Confirmed based on actual documents | Confirmed based on actual documents | Confirmed based on actual documents |
| Fine | Confirmed based on actual documents | Confirmed based on actual documents | Confirmed based on actual documents | Confirmed based on actual documents | Confirmed based on actual documents |
| Review decision | Confirmed based on actual documents | Confirmed based on actual documents | Confirmed based on actual documents | Confirmed based on actual documents | Confirmed based on actual documents |
| Appeal Decision | Confirmed based on actual documents | Confirmed based on actual documents | Confirmed based on actual documents | Confirmed based on actual documents | Confirmed based on actual documents |
Major cases usually require cooperation from both sides.
We can assist with:
Tax calculation.
Main processing:
Criminal risk.
Truly effective tax administrative remedies typically require:Accounting facts + tax calculation + legal justificationLet's do it together.
For example:
The IRS and the company have completely different views on the nature of the transaction.
If these cases are only processed at the very end of the administrative litigation process, a large number of preliminary issues that need to be corrected have already accumulated.
Cases involving potential prosecution of the responsible parties should be assessed separately.Corporate Criminal Law and Liability of Company HeadsThis should not be confused with supplementary taxes or fines.
According to Article 38 of the Tax Collection Law, if the result of a review, appeal, or administrative litigation is that the tax should be refunded, the tax collection authority shall process the refund in accordance with the law and handle interest in accordance with the law.
Conversely, if additional taxes are still payable in the end, the outstanding taxes and related interest will be handled in accordance with the law.
Therefore, paying taxes first does not mean giving up administrative remedies.
Administrative remedies and payment arrangements are two issues that need to be planned together.
Significant tax administrative remedies cannot be achieved simply by handing over the IRS penalty notice to a lawyer and then starting to research the relevant legal provisions.
What really needs to be reorganized is:
Reasons for the fine.
When handling tax reviews, appeals, and administrative litigation, Fidelity Law Firm will first:
Stratified analysis.
Attorney Li Yusheng previously served as the assistant manager of the legal department at Deloitte Touche Tohmatsu, where he worked extensively with accountants and corporate finance teams on financial, corporate, tax, and legal issues.
The value of this kind of background lies in the fact that administrative remedies cannot simply ask, "Which tax law is in the company's best interest?"
Instead, we should let:
The legal arguments are consistent with each other.
It can also be used normally.Corporate daily tax and legal risk managementThe application, professional opinions, and decision-making basis should be retained.
In principle, tax assessment cases should first be reviewed in accordance with Article 35 of the Tax Collection Act. If dissatisfied with the review decision, an appeal or administrative lawsuit may be filed in accordance with the law. Do not skip the review process before confirming the type of disposition.
This simplification is inappropriate. For those with tax payable or tax to be supplemented, the period is generally 30 days from the day following the expiry of the payment period; for those without tax payable or tax to be supplemented, the period is generally 30 days from the day following the delivery of the assessment notice. The actual calculation should still be based on the circumstances of the disposition and delivery.
If the assessment of taxes and the penalty are different administrative actions, their respective documents, service, time limits for relief, and subject matter of review should be confirmed separately. It cannot be assumed that if relief is sought for one, relief for the other will automatically be sought as well.
This is not a necessary prerequisite for applying for a review. After applying for a review in accordance with the law, the enforcement of this tax is governed by Article 39 of the Tax Collection Law. However, whether or not taxes are paid first may still involve interest, company cash flow, and subsequent enforcement arrangements during the appeal stage.
The act of filing an appeal must be separate from whether or not the enforcement of this tax is suspended. If one is dissatisfied with the amount of tax payable in the review decision and continues to appeal, in order to meet the statutory conditions for suspending the transfer to enforcement, one should pay attention to the provisions of Article 39 of the Tax Collection Act regarding the payment of one-third of the tax amount or the provision of equivalent security.
This tax rule cannot be directly applied to penalties. The enforcement of penalties before the conclusion of administrative remedies is governed by Article 50-2 of the Tax Collection Act and should be analyzed separately from this tax.
If you are still dissatisfied with the review decision, you should, in principle, file an appeal within 30 days from the day following the delivery of the review decision. If the tax authority fails to make a review decision within the statutory period, the law provides otherwise for filing an appeal directly.
According to Article 106 of the Administrative Litigation Law, cases involving the withdrawal of lawsuits should, in principle, be filed within a fixed period of two months after the service of the decision on the appeal. The term "two months" should not be directly converted to a fixed 60 days.
No. Paying taxes and whether to file for administrative relief according to law are two different issues. If the relief result determines that a tax refund is due, the Tax Collection Act has separate provisions regarding the refund of taxes and interest.
Not necessarily. Tax refunds primarily address the correct tax amount; fines, on the other hand, involve administrative penalties, intentional negligence, and the basis for the penalty. The two should be analyzed separately.
Not necessarily. Review is an important special remedy procedure in tax assessment cases; other administrative penalties not related to tax assessment may directly proceed to appeals according to law. Upon receiving the documents, the type of administrative penalty should be determined first.
For major cases, it's generally better to start as early as possible. The review stage will establish important facts, evidence, and legal claims. If these are only fully compiled for the first time during administrative litigation, it's often necessary to address unfavorable records or evidentiary gaps established in the previous stages.