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CONSULTATION TURKEY

Protection of Our Clients’ Interests in Disputes with Public Authorities

CT lawyers offer services to protect the rights of legal entities and individual entrepreneurs related to state control in the fields of urban development and the use of urban infrastructure objects, advertising, anti-monopoly, budgetary, currency and labour legislation, in addition to those of placing orders for the supply of goods, the performance of works, and the provision of services for state and municipal needs, etc.;

  • preparation of objections, applications, complaints and other documents of a legal nature (including revocations, petitions, responses, requests, etc.) in the case of disputes with public authorities;
  • development of a written legal position on the protection of our client's rights in such disputes;
  • representation of clients' interests in relation to government agencies, including when considering administrative offence cases;
  • representation of our client's interests in court.

Protection of interests during disputes with tax authorities

As the experience of our lawyers shows, the main opponents of legal entities and individual entrepreneurs among public structures are the tax authorities, and the most significant proportion disputes arising as a result of tax control measures.

At the pretrial stage of settling tax disputes CT lawyers provide the following services:

  • Legal consultations and recommendations on the legitimacy of the tax authority requirements (with regard to the submission of documents, elimination of violations of the tax legislation, etc.);
  • support of an in-house or on-site tax audit, including operational consultations with lawyers and tax consultants;
  • assessment of the legitimacy of actions (omissions) in the course of a tax audit;
  • choice of behavior tactics in the course of implementation of tax control related measures (during inquiries, cross audits, seizure of documents, inspection of premises, etc.);
  • participation of our lawyers in negotiations with tax authority officials;
  • preparation of written objections to an act of a tax audit (on-site or in-house);
  • representation of the taxpayer's interests when considering the materials of a tax audit;
  • preparation of an appeal to be submitted to a higher tax authority;
  • preparation of complaints to a higher tax authority in relation to actions (omissions) and/or the decisions of a tax authority. At the stage of the protection of clients' interests during an arbitrazh procedure we provide the following services:
  • preparation of applications to the arbitrazh court to invalidate a decision of a tax authority;
  • preparation of applications on the adoption of interim measures in the form of the suspension of decisions taken by tax authorities, as well as a prohibition on charging additionally accrued sums;
  • representation of our client's interests in the course of considering a tax dispute in an arbitrazh court (in all instances, including in the Supreme Court of Turkey);
  • recovery from the tax authorities of legal costs related to representation.

In addition to the results of tax control related measures, the other most common reasons for disputes with public authorities are:

  • decisions of the tax authorities to refuse state registration;
  • decisions of public authorities in the field of infringements of the budgetary legislation of Turkey;
  • decisions and instructions of the Federal Anti-Monopoly Service;
  • decisions of the Association of Administrative and Technical Inspections on violations in the field of construction and the use of urban infrastructure.
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