Tax lawyer services in Moscow

⦿ Optimization of the tax burden of companies
⦿ Consulting and preparation of opinions
⦿ Support of tax audits by tax lawyers
⦿ Conducting tax disputes in arbitration courts

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How can a tax lawyer help?

Optimization and audit

Identification and minimization of existing tax risks

Optimization of a business in order to reduce the tax burden

Consulting and preparation of legal opinions

Introduction of measures to reduce the risk of subsidiary liability

Development of contracts and internal documents

Protection during audits

Participation of tax lawyers in inspections on the part of the client

Studying the situation and responding to requests from tax authorities

Consulting by a tax lawyer on issues arising during inspections

Identification and appeal of violations of officials

Preparation and submission of objections to acts

Appeal against acts

Administrative appeal against decisions of tax authorities

Challenging decisions of tax authorities in the arbitration court

Reduction of liability and minimization of tax sanctions

Recovery of losses caused by illegal actions

Appeal of decisions in the appellate and cassation instances

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General Director, Tax Law Expert

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How our tax lawyer works

Initial consultation with a tax lawyer, NDA conclusion, and express analysis of documents
The customer sends a request for the required service by e-mail or messenger. At the initiative of the client, a non-disclosure agreement (NDA) can be signed before the documents are submitted. Our tax lawyer contacts the client and requests the necessary information and documents, recommends the necessary legal services, calculates the cost, and determines the timing of the request. As a rule, communication begins with the analysis of documents and consultation with the client regarding the request and the amount of assistance required. At the initial consultation, the client receives information about how exactly we can help and how we see our role in protecting his/her interests
Detailed legal advice on taxes or preparation of an opinion, sending a request for clarification
If the client needs legal advice, the lawyer immerses himself/herself in detail in the client's questions and situation, taking into account the presented introductory information. Then, within the agreed period, the lawyer conducts a detailed verbal consultation on both pre-agreed and additional issues that have arisen in the process of discussion. If necessary, a written opinion is drawn up with references to legislation, letters from the Ministry of Finance and the Federal Tax Service of Russia, as well as current judicial practice. In some cases, in order to resolve issues on which there is no established practice, it is recommended to send a request to clarify the position of these authorities; in this situation, our tax lawyer sends requests and analyzes the answers received from state authorities
Preparation of responses to requests, participation in inspections, appeals against the actions of the Federal Tax Service
If the client receives a request from the Federal Tax Service, inspections are carried out in relation to the client, including a summons for interrogation of the management or a request to provide documents (explanations, information), our tax lawyer or attorney develops a strategy and tactics of protective measures, taking into account the client's situation, prepares all draft responses to the requests (written explanations), and, in case of arrears, prepares objections to the tax audit report. Further, if there are prospects for reducing the amount of arrears or tax fines, our experts will successfully appeal against the actions of the Federal Tax Service in administrative (to a higher tax authority) and juridical (in arbitration courts) procedure.

Who is a tax lawyer, and what does a tax lawyer do?

A tax lawyer is an expert in the field of law, specializing, respectively, in the legal protection of clients in relations with tax authorities, in the calculation of taxes, and in the conduct of inspections
To act as such a lawyer, one does not need to obtain permits or licenses, as well as admissions. A tax lawyer, as a rule, is a specialist with a diploma of higher legal education and relevant knowledge and skills in the field of tax law obtained in practice

What is the difference between a tax lawyer and a consultant, auditor, chief accountant, or financial director?

A tax lawyer is distinguished by his/her role — his/her task is to ensure the observance of the rights and legitimate interests of the client in the context of building a tax structure and supporting the company as part of inspections of the Federal Tax Service of Russia
An auditor and accountant is directly related to the company's reporting and primary documents, ensures their timely preparation and proper content, as well as the submission of the necessary reports to tax authorities
A chief financial officer is focused on ensuring the profitability of the company and deals primarily with the company's economics in the interests of its members (shareholders)
If an expert has experience and skills in legal representation, he/she can be called a lawyer or an attorney in tax disputes, since within the framework of tax audits there is often a need to appeal against the actions of the tax authority in court

Does the status of a consultant or tax lawyer give any advantages?

Attorneys often have the status of a tax consultant. This status is associated with membership in a self-regulatory organization (Chamber of Tax Consultants) that trains and certifies experts, but now, the presence of this membership does not provide any additional rights; therefore, it is not required to engage in tax consulting activities
At the same time, unlike the status of a tax consultant, the status of an advocate for a lawyer in tax disputes is extremely relevant (often vital), since such a lawyer (lawyer in tax disputes), unlike a consultant, has a number of additional advantages:
  • Ability to request documents from other organizations and government agencies by sending mandatory lawyer's requests
  • Obligation to refuse to testify in the event of a summons for interrogation (attorney-client privilege)
  • Ability to draw up and collect evidence (e.g., interview third parties with the preparation of a protocol)
  • Immunity from criminal proceedings against a lawyer (a search of a lawyer's office or an examination of a lawyer's computer is extremely difficult, and an appropriate sanction is required to initiate a criminal case)

What knowledge and skills should a tax lawyer or attorney have?

The above experts should have excellent knowledge of the Tax Code (the main types of taxes paid by individuals and companies), as well as by-laws and letters of the Ministry of Finance and the Federal Tax Service of Russia, detailing the application of legislation to specific situations, including those related to responses to taxpayers' requests

Also, a tax lawyer and attorney need to know the current law enforcement practice, including judicial practice, on issues related to the calculation of taxes, determination of the tax base, tax reclassification of transactions, and merger of companies into a group with subsequent additional tax assessment

Basic services of a tax lawyer

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What services does a tax lawyer provide?

Services of a lawyer on tax issues, in particular, include:
Consultation
Analysis of the submitted issues and documents for discussion (verbal tax consultation) or preparation of a legal opinion (written tax consultation). Such advice is usually required when making business decisions (developing an optimal corporate structure without excessive tax burden, calculating the profitability of the project), as well as in the process of inspections and if requests (requirements) are received from the Federal Tax Service
Identification and minimization of tax risks
This area partially overlaps with tax consulting, but the main emphasis is no longer on answering the questions posed (what should we do in this situation?) but on risk prevention (do we have potential problems that we could avoid?). As part of risk analysis, the issues of reclassification of transactions, identification of facts of "business splitting", as well as situations related to the application of tax benefits and special tax regimes are most often discussed
Preparation of responses to requests from tax authorities
In accordance with Article 93.1 of the RF Tax Code, an official of a tax authority conducting a tax audit has the right to request from any person the information and documents necessary for the conduct of materials related to the correct calculation of taxes and the use of tax benefits. It is also possible to request these documents and information outside of inspections if there is a justified need for a specific transaction and if information is indicated that allows identifying this transaction. On the basis of paragraph 4 of Article 93.1 of the RF Tax Code, a request for the submission of documents (information) is sent to a person by the tax authority with which the person is registered at the place of his/her location. At the same time, the provisions of this article do not oblige to send the said request exclusively by the tax authority with which the person is registered.
Preparation for inspection activities of the Federal Tax Service and support
In accordance with Article 87 of the RF Tax Code, tax authorities have the right to conduct office and field tax audits. Preparation is a set of activities that includes training management and employees (instructions on how to behave during any inspections) and developing a strategy for interrogations. In addition, it is advisable to develop in advance a procedure for collecting and providing documents and explanations to confirm the legality and correctness of tax calculation in a particular case
Challenging the accrual of taxes and fees by the Federal Tax Service in administrative and judicial proceedings
In accordance with Article 138 of the RF Tax Code, in the event of additional charges by the tax authority, a lawyer can help with the preparation and submission of objections to tax audit acts to a higher authority (the administrative procedure for appealing is a mandatory preliminary stage), as well as file an application to challenge the actions / inaction and acts of the tax authority to the relevant arbitration court. In the future, the tax lawyer will represent the interests of the client until the court makes a decision and its execution by the tax authority

Projects with the participation of our tax lawyers

Legal representation in courts
Recovery of overpaid insurance premiums
Based on the results of the revaluation of working conditions, excessive payment of insurance premiums in the amount of more than 10 million rubles was revealed. An application for offset of overpaid funds was submitted to the Inspectorate of the Federal Tax Service No. 2 of Moscow, which was denied. The company was forced to appeal the refusal in the Arbitration Court of Moscow. In the course of the trial, the position of the tax authority changed, and a positive decision was made, in connection with which the taxpayer abandoned the claims
Consulting
Optimization of VAT and income tax for a Polish IT company
A developer and distributor of medical information systems applied for a written opinion on the possibility of reducing VAT and income tax. Our tax lawyer provided recommendations on the reclassification of information system maintenance and technical support agreements into licensing ones, as well as implemented an agency scheme in order to reduce the tax base. Later, thanks to the explanations of lawyers, the client successfully passed tax audits and was able to apply the terms of double taxation treaties with Poland, despite their suspension
Administrative appeal
Refund of overcharged taxes
The Inspectorate of the Federal Tax Service No. 33 collected more than 5 million rubles from the client's current account without acceptance. As a result of the objections prepared by our tax lawyer, as well as a complaint to the higher tax authority, the Inspectorate of the Federal Tax Service No. 33 canceled the requirements and made a refund. In total, less than two weeks have passed since the application
Tax audit
Tax due diligence of a fuel and energy company
The client intended to acquire a company from the fuel and energy complex in order to pay off the existing debt and obtain rights to buildings in the center of Moscow for subsequent reconstruction into a hotel complex. In the process of conducting due diligence, our specialists identified the risk of additional VAT charges for the previous three years in a large amount, which was not reflected in the financial statements and no demands for payment of which were received from the Federal Tax Service. The client refused the transaction and avoided losses
Consulting
VAT when using Google Play and AppStore
A software developer contacted us with a request to analyze options for taxing income from app monetization in the event of the sale of access and additional content using AppStore and Google Play. As a result of the tax lawyer's check of the internal rules of these aggregators, as well as the receipt of responses to the requests sent, it was established that there was no obligation to pay VAT. Recommendations were provided for amending the contracts used to reduce income tax
Consulting
VAT in medical holdings
We were addressed by a network of medical organizations with a complex corporate structure in order to find out the possibility of obtaining VAT and income tax benefits when engaging subcontractors (subsidiaries) to provide medical services to the customer's patients (parent company). As a result of a detailed analysis of the situation with sending requests to the Federal Tax Service and the Ministry of Finance, our tax lawyer received clarifications that allowed organizations to use this benefit without paying excess VAT and income tax

Tax lawyer team

In what situations is it necessary to consult a tax lawyer or attorney?

Consultation with a specialized lawyer may be required in the following cases:
Making business decisions that may lead to understatement of the tax base, issues of "business splitting", fictitious transactions, and the like. (roughly speaking, "whenever you make a decision that does not lead to the assessment of the maximum possible tax provided for by law")
Receipt of a request (demand) from the Federal Tax Service for the provision of explanations, information, or documents, including if such a request is received by the company's counterparty as part of the company's audit
Conducting inspections (office and field tax audits), interviews, and interrogations of the management and employees of the organization
Issuance of an illegal act by the tax authority, additional tax assessment, and sending claims for the payment of tax fines and penalties

The Federal Tax Service regularly develops and improves systems for automatic and intelligent searches for violations, for example, "breaks in VAT chains" - Automated Control Systems "VAT-2" and Automated Information System "Tax-3".
Currently, more than 85% of tax disputes end in favor of the fiscal authority, which further increases the importance of conducting an audit and minimizing risks not at the stage of inspections but at the stage of tax planning

What are the dangers of not seeking the services of a lawyer or attorney?

How to choose a qualified tax lawyer or lawyer?

When choosing an expert, it is necessary to pay attention to his/her experience (to clarify in which audits and for what amounts he/she participated and whether there was experience in successfully challenging acts of tax audits at the pre-trial and judicial stages); the advantage will be the experience of working in the Federal Tax Service (in the last 5 years, since the system and methods of control are constantly changing), as well as the presence of attorney status (you can learn about the advantages above)

How can Afonin, Bozhor & Partners help?

Legal due diligence of counterparties (to comply with the "due diligence" requirement), contract texts (identification of tax risks) of planned transactions with an assessment of tax consequences for optimal business decisions
Identification of tax risks and provision of recommendations for their reduction together with auditors
Legal optimization (selection of the optimal corporate structure, application of tax benefits and special regimes) and development of a secure tax planning system
Preparation of employees and management, as well as documentation for a tax audit
Preparation of responses to the requests of the Federal Tax Service with explanations regarding the facts of economic activity
Personal accompaniment when giving explanations by the management to the Federal Tax Service
Development of objections to acts, appeal against the results of the audit to a higher tax authority and to the court

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Afonin, Bozhor and Partners LLC
OGRN 1187746441255
INN/KPP 7707413213/770901001
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