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a) Legal services for a company's
tax audits
According to Costa Rican
fiscal legislation, all taxpayers are subject to tax audits, which
are conducted on a parcial or full basis. In the event that our
clients or their company are audited, professional support from
our firm is provided to ensure that the auditors carry out the standard
legal procedures during the examination.
b) Individual or company's
taxable status
In Costa Rica's legal system, there
are specific circumstances that determine wether a person or a company
are liable to tax audits. The auditing is based on a pre-established
yearly fiscal plan. Should it happen that one of our clients is
being audited, our first task is to verify that the individual or
company fulfills the specific circumstance prescribed by law. This
verification ensures the licitness of the audit.
c) Administrative hearings
of the Fiscal Administration
In several occasions, the Tax Administration
Agency (Administración Tributaria) requires the presence
of a company's representatives in its offices in order to submit
any tax information that the Agency considers important. Our firm
provides the client a professional escort to the hearing in order
to give legal assistance and advice throughout the interview.
d) Professional advice on the amount of information and type of
documents that must be submitted to the Tax Administration Agency
As it was stated before, tax legislation
enables the agency to request information from certain taxpayers;
however, only under specific circumstances it should be provided;
for example, in the presence of a reasonable presumption that tax
evasion or a fraud is being carried out. In any event, the information
requested must be of special fiscal relevance for the agency. Our
firm provides two means of legal assistance to the client during
this stage: first, by checking the legal basis of the information
requested and second, by supervising that whatsoever is being demanded,
is what the client is compelled to disclose by law.
e) Evaluation of the regulatory
proposal
Upon finishing the tax audit, if
the Agency has found a legal irregularity, it submits a regulatory
proposal that may be accepted or rejected by the taxpayer. In the
event of acceptance, the taxpayer should have professional advice
regarding the proposal's legal basis, and the performance of the
authorities conducting the audit. In order to choose wether to accept
or not the agency's proposal, the client should seek our firm's
consultanship of the facts and legal issues of it.
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