TAX PROCEDURES
STANEK Legal specializes in conducting tax proceedings, in particular in the field of questioning the right to deduct VAT by tax authorities.
The advisory services provided by the Law Firm include in particular:
- analysis of risks arising from tax proceedings;
- strategic consulting regarding the client’s tax situation;
- undertaking discussions with control authorities and maintaining constant contact with control authorities and appeal bodies;
- representing clients at the stage of tax proceedings, including audit proceedings;
- procedural advice at the stage of administrative proceedings (preparation of letters, evidence applications, appeals and other means of appeal);
- drawing up legal opinions, taking into account the assessment of the legality of the activities of tax authorities in cooperation with eminent representatives of the science of administrative and constitutional law;
- representing clients before Provincial Administrative Courts, the Supreme Administrative Court, the Constitutional Court and the Court of Justice of the European Union in Luxembourg.
TAX PROCEDURES/ SELECTED EXPERIENCE
- systematic obtaining of decisions to suspend the execution of a decision before the Supreme Administrative Court (value of the dispute 3.5 MPLN, 120 MPLN), incl. by revoking the decision on refusal to suspend the decision by the Provincial Administrative Court;
- advising on conducting tax proceedings in the field of questioning the right to deduct VAT on transactions of significant value (MPLN 40) with the effect of revoking the decision at the stage of the Tax Chamber;
- obtaining a reform judgment before the Supreme Administrative Court, reversing the judgment of the Provincial Administrative Court and the decision of the Tax Chamber in a carousel case of significant value (MPLN 120);
- obtaining a double judgment before the Supreme Administrative Court revoking the judgment of the Voivodship Administrative Court when acknowledging the objection of being bound by the interpretation of the lower court, in the case of VAT in a case of significant value;
- obtaining a reform judgment before the Supreme Administrative Court annulling the judgment of the Court of First Instance and of the Second and First Instance bodies in the case of the so-called empty invoices of significant value in the area of construction services;
- strategic advice on the tax situation of clients for companies from the recycling industry;
- representing clients in proceedings concerning the surplus of anti-dumping duties.
CRIMINAL AND FISCAL PROCEDURES
The lawyers of STANEK Legal undertake to defend and represent clients in all types of criminal cases related to financial crimes, in particular penal and fiscal crimes.
We advise and represent clients at every stage of criminal and penal-fiscal proceedings.
Our activities include:
- analysis of the client’s procedural situation,
- representing the client at the stage of preparatory proceedings, both in rem and in personam,
- representing the accused at the court stage of the first instance, at the appeal stage and at the cassation stage before the Supreme Court.
Our experience includes representing clients in most cases of criminal and fiscal offenses, money laundering and fraud.
Due to many years of experience in handling tax and penal-fiscal cases, we use the acquired knowledge to alternate application of both legal orders (procedural institutions of tax law and penal-fiscal law), which allows the use of the maximum range of legal solutions allowing for the setting and implementation of procedural strategies expected by our Customers.
Contact person: Remigiusz Stanek, [email protected]
COURT PROCEEDINGS
The law firm offers support at all stages of court proceedings, as well as in the pre-trial negotiation stage and at the stage of implementation of the obtained judgments in enforcement proceedings
The advisory services provided by the Law Firm include in particular:
representing clients before administrative courts and the Supreme Administrative Court;
representing clients in negotiations preceding court proceedings;
representing clients in court disputes before common courts, the Supreme Court and the Constitutional Tribunal; representing clients in the Court of Competition and Consumer Protection, incl. in court cases for recognizing a standard contract as illegal; representing clients in security and enforcement proceedings, before common courts, the Supreme Court and before arbitration courts.
Experience of the lawyers of the Law Firm:
- obtaining a judgment before the Supreme Court revoking the judgment of the Court of Appeal with regard to determining the obligation to be subject to social insurance in another EU Member State;
- obtaining a reformation judgment of the Supreme Administrative Court to quash the judgment of the Court of first instance and bodies of first and second instance in the case of the so-called blank invoices in the area of construction services;
- representing an international trade network in connection with allegations of committing acts of unfair competition (establishing the so-called “shelf fees”);
- obtaining a reformation judgment of the Supreme Administrative Court revoking the judgment of the Court of 1st and 2nd instance in a carousel case with the value of the dispute 120 MPLN;
- conducting security proceedings and obtaining a novel security against a food producer;
- representing a client from the recycling industry in court proceedings against German receivers representing foreign creditors (proceedings ended with the rejection of creditors’ claims and requests for a settlement for a total amount of 1.9 MEUR;
- representing the Law Firm’s client in court proceedings against a financial institution for establishing the contents of the land and mortgage register (proceedings concluded with determining the contents of the book by deleting the compulsory mortgage entered for the benefit of the creditor on the basis of a fraudulent complaint), the value of the dispute is approx. 1 MPLN.
Contact person: Anna Hrymak-Stanek, [email protected]