Publication date: 08.09.2024
How to appeal the decision of the tax service in Poland
Appealing the decision of the tax service in Poland is a complex procedure that requires strict compliance with legal norms and deadlines. Entrepreneurs or individuals may disagree with the conclusions of tax authorities, and the law gives them the right to file appeals. In this article, we will consider the main steps, how to properly appeal the decision of the tax service, and how a lawyer in Poland or an online lawyer can help in this process.
Basic steps for appealing the decision of the tax service
The process of appealing the decisions of the tax service in Poland includes several key stages. It is important to act within the established deadlines and submit documents in accordance with the requirements of the law.
Basic steps to appeal:
- Conducting a legal analysis of the documents that became the basis for a decision by the tax service.
- Preparation of an appeal statement in which the taxpayer's position is clearly stated.
- Completion of documents for submission to the tax authority within the prescribed period (14 days).
- Appeal to the regional tax office or to the court, if the decision is not changed after the appeal.
- Verification of documents by a lawyer before their submission to the court to ensure their compliance with the law.
Hiring a lawyer in Poland will help prepare all the documents properly. Conducting a legal analysis of a situation and obtaining the advice of a lawyer will determine whether there are grounds for appealing the decision of the tax service.
What documents are required to appeal the decision of the tax service
Appealing the decision of the tax service requires the correct preparation of documentation that should confirm the taxpayer's position. Incorrect or incomplete documentation may be the reason for refusal to review the decision.
List of required documents:
- A statement of appeal in which the arguments of the appeal are set out in detail.
- Documents confirming the incorrectness of the conclusions of the tax service.
- Legal opinion of a lawyer regarding compliance of the taxpayer's actions with the requirements of the law.
- Documents confirming financial transactions and tax payments.
- Legal analysis of the documents provided by tax authorities to justify their decision.
Having your documents reviewed by a lawyer will help ensure that all necessary evidence is provided and that it meets legal requirements. Conducting a legal analysis of the documents before their submission will avoid rejection of the case.
What is the role of a lawyer when appealing a decision of the tax service
The involvement of a lawyer when appealing a decision of the tax service is critical, as he provides legal support, correct documentation and represents the client's interests in court or before the tax authorities.
The main functions of a lawyer when appealing a decision of the tax office:
Carrying out a legal analysis of a situation and studying the documents provided by the tax service.
Preparation of an appeal statement and other documents for submission to the tax authority or court.
Providing written advice on possible legal risks during the appeal.
Representation of the client's interests in tax authorities and court.
Preparation of a lawyer's legal opinion to confirm the client's position.
Consulting a lawyer online or contacting a lawyer in Warsaw will allow you to get legal assistance at all stages of appealing a decision. Document verification by a lawyer ensures that all legal procedures are followed.
How to act if the tax office refused to review the decision
If, after filing an appeal, the tax service refuses to change its decision, there is an opportunity to go to court. It is important to draw up the claim statement correctly and submit it within the established terms.
Question
What to do if the tax office refused to review the decision?
Answer
In case of refusal by the tax authority, it is necessary to apply to the regional administrative court with a claim to appeal the decision. For this, a detailed legal analysis of the documents should be carried out and all the necessary evidence should be prepared. It is important that the documents comply with legal regulations. The written lawyer's consultation will help to correctly draw up a lawsuit and submit it on time. Having the documents checked by a lawyer before filing in court also ensures that all necessary procedures are followed.
How to prepare an appeal statement for appeal
The appeal statement is a key document in the process of appealing the decision of the tax service. It is important to present the arguments correctly and ensure proper documentation for a successful case.
The main stages of preparing an appeal statement:
- A clear statement of the taxpayer's position regarding the erroneousness of the tax service's decision.
- Attaching all documents confirming the position of the taxpayer.
- Conducting a legal analysis of the documents to determine strong arguments in the case.
- Drawing up a written lawyer's consultation to confirm the legal position.
- Verification of documents by a lawyer before submitting an application to the tax authority or court.
A legal analysis of a situation will determine which arguments are best used in the appeal. Consulting a lawyer will help prepare the application in such a way that it meets all the requirements of the law.
What are the terms for appealing the decision of the tax service
The deadlines for appealing the decisions of the tax service in Poland are strictly regulated. It is important to act quickly in order to have time to submit documents by the established deadlines.
Main deadlines for appeal:
- Submission of an appeal to the tax authority: 14 days from the moment of receiving the decision.
- Appeal to the court in case of refusal of the tax service: 30 days from the moment of refusal to review the decision.
- Submission of documents for appeal to the court of appeal: within 30 days after receiving the decision from the court of first instance.
A lawyer's written consultation will allow you to clarify which terms are relevant for your case. Checking documents by a lawyer will help avoid delays and ensure timely submission of the appeal statement.
Appealing the decision of the tax service in Poland is a process that requires careful preparation and legal support. Conducting a legal analysis of the documents, a legal analysis of a situation and a review of documents by a lawyer will help ensure a successful appeal against the decision of the tax authorities. A lawyer's legal opinion will allow you to build a strong legal position to protect your interests. Consulting a lawyer or attorney online is an important element when filing appeals and going to court.
