La société d’avocats Damy
La Société d'avocats Damy à Nice assure une prestation de haut niveau, de la consultation d’un avocat à la représentation en justice. Les avocats du cabinet sont compétents en droit des affaires, des sociétés, droit immobilier, droit bancaire, droit social, droit des victimes et cas de dommages corporels. Membre de l’Association des avocats praticiens en droit social, Maître Grégory Damy dispose de certificats de spécialisation.
Your legal questions
It is useful to contact a tax lawyer in case of tax adjustment, to find out if it is possible to contest it.
Contact a tax lawyer Taxation is a complicated area. It is preferable to go to a tax lawyer. They will be able to tell you whether or not there is a need to contest, what the chances of success are and how much the proposed procedure will cost.
Challenging the correction proposal The first thing to do is to send, within a maximum of 30 days, an argumented letter to the tax administration to contest the recall. It is advisable to contest the entire adjustment in order to weaken the administration's thesis and better position oneself in the event of a negotiation. The administration has 3 years plus the current year to answer you by mail. Sometimes she may not answer, in these cases, it is better not to raise it again and hope that she forgets you.
Request hierarchical recourse If, despite the dispatch of a dispute letter, the administration maintains its reminder, in most cases it is possible to request a hierarchical appeal. This is a physical meeting with the chief tax inspector. During this meeting, a compromise is often reached with the tax administration.
Applying to the commission For an individual, in the event of a dispute over the valuation of a property and in the event of a thorough personal tax audit, it is possible and often useful to ask for recourse to an administrative commission. The latter often favours a compromise between the individual and the tax administration.
Go to court If your appeals are unsuccessful, the tax is assessed and you receive a tax assessment. If you think you have solid arguments, you can try a lawsuit but the procedure is long (2 years in the provinces, up to 6 years in Paris). At this stage, an important question arises: whether or not to pay the tax, i. e. whether or not to ask for the suspension of payment. Indeed, it is possible to pay the tax while challenging it. In practice, if the outcome of the litigation is very uncertain, it is best to pay to avoid the 10% penalty and the cost of the stay.
Law Firm DAMY, Nice, Droit Fiscal-Redressements, 2016 Update