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Subirats Avocat

Tax Audits and Litigation

Defend yourself before the tax authorities and safeguard your rights

A tax audit may affect any business or individual and may result in reassessment. We assist you from the accounting review stage through to litigation, negotiating with the tax authorities and defending your interests before the courts.

Personal Tax Audit (ESFP)

Verification of consistency between income and lifestyle

1. What is it?

The Personal Tax Audit (ESFP) is a procedure through which the tax authorities verify the consistency between your declared income and your lifestyle. You are officially notified by a verification notice.

2. Who is concerned?

Any individual whose income and lifestyle are subject to consistency checks by the tax authorities.

3. Why is it important?

The ESFP is governed by specific safeguards to protect your rights, including:

  • Maximum duration: 1 year (2 years in the event of hidden activity or judicial cooperation), with possible extensions if you request delays or if the authorities await responses from foreign administrations.
  • Mandatory adversarial debate: The auditor must discuss with you the proposed adjustments, either orally or in writing.
  • Limitation of reassessment rights: The authorities cannot correct your returns for periods and taxes already audited, except in cases of new facts, tax fraud complaints, blatant fraud, or information received from abroad.

Without proper support, an ESFP can lead to significant reassessments, surcharges (10% to 80%), and late payment interest. For example, in 2022, amounts recovered after tax audits reached €14.6 billion, and in 2024 they exceeded €16 billion—highlighting the importance of preparation.

4. What we do for you

We assist you from the very beginning of the audit by:

  • Reviewing the tax authority’s requests.
  • Preparing accurate responses.
  • Managing communications.
  • Challenging reassessments where necessary.

Accounting Audit

Audit of the company’s accounting records

1. What is it?

An accounting audit is an on-site inspection by the tax authorities to ensure that a company’s accounting records are accurate, reliable, and consistent with the tax returns filed.

2. Who is concerned?

Mainly businesses subject to accounting obligations:

  • Companies subject to corporate income tax.
  • Sole proprietorships taxed under BIC, BNC, or BA on a real regime basis.

It does not apply to income without accounting obligations (e.g., rental income).

3. Why is it important?

Irregularities may result in:

  • Tax reassessments.
  • Rejection of accounts.
  • Shift of the burden of proof.

The auditor must respect taxpayers’ rights, and failure to do so may invalidate the procedure. Without proper advice, you risk costly reassessments and penalties (up to 80%). Penalties range from 10% for simple errors to 80% for deliberate breaches or fraud. Late payment interest accrues at 0.20% per month.

4. What we do for you

We support you throughout the entire process by:

  • Preparing the required documents.
  • Assisting in meetings with auditors.
  • Responding to the auditor’s observations.
  • Challenging reassessments where necessary.
  • Handling communications with the tax authorities.

Tax Negotiation

Seek an amicable solution in case of a dispute

1. What is it?

Tax negotiation with the authorities aims to reach an amicable solution in cases of audits, reassessments, or reporting difficulties. It may involve discussions to reduce an adjustment, requests for discretionary relief from penalties, arrangements for payment deadlines, or the conclusion of a settlement.

2. Who is concerned?

Any individual or business facing a tax dispute and seeking an amicable resolution.

3. Why is it important?

Well-managed negotiation can:

  • Limit the financial impact of a tax audit.
  • Secure your tax position.
  • Avoid lengthy and costly litigation.

Poorly prepared negotiation, however, may result in unfavorable commitments.

4. What we do for you

We assist you at every stage by:

  • Analyzing your situation and identifying leverage points.
  • Preparing your written responses.
  • Representing your interests before the tax authorities to obtain the most favorable outcome.

Requests for Information

Responding to requests from the tax authorities

1. What is it?

The tax authorities may send requests for information or clarification regarding items reported or transactions carried out, often as a preliminary step before a more in-depth audit. These requests may relate to the origin of income, the nature of an expense, etc.

2. Who is concerned?

Any individual or business receiving a request for clarification from the tax authorities.

3. Why is it important?

An incomplete, late, or inaccurate response can have serious consequences, such as triggering more intrusive procedures (accounting audit, ESFP) or automatic taxation. In 2023, nearly one million desk audits of income tax returns were conducted, representing a 37% increase compared to the previous year, underlining the frequency of such requests.

4. What we do for you

We assist you from the moment you receive a request by:

  • Analyzing the scope of the questions.
  • Advising you on the responses to provide.
  • Ensuring that your rights are respected to avoid unnecessary risks.

Tax Searches and Seizures

Handle interventions by the tax authorities

1. What is it?

When tax fraud is suspected, the authorities may, under certain conditions, carry out searches and seizures (documents, electronic files, etc.), including in private premises. These operations are strictly regulated:

  • Authorized by a judge for liberties and detention.
  • Conducted under judicial supervision, with the assistance of a police officer.
  • Carried out between 6 a.m. and 9 p.m., in the presence of the occupant.
  • Limited to items relevant for proving fraud.

2. Who is concerned?

Any individual or business suspected of tax fraud and subject to investigation.

3. Why is it important?

These operations interfere with privacy and individual freedoms, which is why they are strictly regulated. Breaches of the rules may render the procedure invalid. If not properly managed, they may result in massive reassessments and criminal prosecution. The cost of tax fraud in France is estimated between €60 and €80 billion per year, justifying the strictness of these measures.

4. What we do for you

We intervene immediately to:

  • Monitor the legality of the operations.
  • Ensure your defense throughout the procedure.

Tax Claim (Litigation Procedure)

Challenge a tax assessment before the authorities

1. What is it?

A tax claim (réclamation contentieuse) is a formal procedure allowing you to challenge a tax assessment (calculation error, missed exemption, incorrect interpretation). It may relate to CIT, VAT, CET, PIT, etc. The deadline is generally two years from collection or payment.

2. Who is concerned?

Any individual or business wishing to contest a tax assessment.

3. Why is it important?

It is the official channel for asserting your rights. Respecting deadlines is crucial for admissibility. Specific points of vigilance exist, particularly for CVAE.

4. What we do for you

We assist you in preparing and filing your claim, ensuring compliance with deadlines and formalities to maximize your chances of success.

Appeal before the Administrative Court

Challenge tax decisions before the courts

1. What is it?

The Administrative Court is the first instance of the administrative judiciary competent for tax disputes. After a tax claim has been rejected (fully or partially) or has remained unanswered for more than 6 months, you may file a petition before the court. The procedure involves the filing of briefs, a hearing, and the possibility of appeal.

2. Who is concerned?

Any individual or business whose tax claim has been rejected by the tax authorities.

3. Why is it important?

Filing an appeal before the Administrative Court is a key step in challenging an unfavorable tax decision. A properly managed procedure is crucial to defend your interests and obtain the annulment or reduction of the contested tax.

4. What we do for you

We assist you at every stage by:

  • Drafting the petition and briefs.
  • Preparing for the hearing.
  • Representing you before the court.
  • Handling the appeal procedure if necessary.

Appeal before the Judicial Court

Challenge tax decisions before the courts

1. What is it?

The Judicial Court is competent for certain tax disputes, particularly those relating to registration duties, real estate wealth tax (IFI), or local direct taxes (property tax, housing tax). The procedure involves issuing a writ of summons, filing pleadings, attending a hearing, and the possibility of appeal.

2. Who is concerned?

Any individual or business involved in a tax dispute falling under the jurisdiction of the Judicial Court.

3. Why is it important?

As with the Administrative Court, an appeal before the Judicial Court is essential for challenging a tax assessment. The specific nature of judicial proceedings requires particular expertise to effectively defend your rights.

4. What we do for you

We support you at every stage by:

  • Drafting the writ of summons and pleadings.
  • Preparing for the hearing.
  • Representing you before the court.
  • Managing the appeal process if necessary.

Appeal before the Court of Cassation

Last resort for matters of law

1. What is it?

An appeal in cassation is an extraordinary remedy brought before the Court of Cassation (for decisions of the Judicial Court) or the Conseil d’État (for decisions of the Administrative Court). It does not concern the facts, but only the application of the law by the trial judges. Its purpose is to verify whether the challenged decision complies with legal rules.

2. Who is concerned?

Any individual or business seeking to contest a decision issued on appeal by an administrative court of appeal or a judicial court of appeal, on points of law.

3. Why is it important?

An appeal in cassation is the final level of recourse. It ensures uniform interpretation of the law. A favorable decision may result in the case being referred back to another court of appeal for reconsideration on the facts, or in the definitive annulment of the contested ruling.

4. What we do for you

We guide you through this complex procedure by:

  • Analyzing the decision to be challenged.
  • Drafting the detailed legal brief (legal arguments).
  • Representing you before the Court of Cassation or the Conseil d’État.

Desk Tax Audit

Remote verification of your tax returns

1. What is it?

A desk tax audit is a review carried out by the tax authorities from their offices, without visiting the taxpayer. It involves examining the tax returns, documents, and information you have filed (income tax returns, VAT returns, etc.) and cross-checking them with information available to the authorities (bank data, third-party information, etc.).

2. Who is concerned?

All taxpayers, both individuals and businesses, may be subject to a desk audit. It is the most common form of tax audit.

3. Why is it important?

Although less intrusive than a Personal Tax Audit (ESFP) or an on-site accounting audit, it may still result in tax reassessments if irregularities are found. It is crucial to respond accurately and with proper documentation to the authorities’ requests to avoid escalation into a more burdensome procedure. Proper preparation and understanding of the authorities’ expectations are essential.

4. What we do for you

We assist you in analyzing the authorities’ requests, preparing responses, and providing the necessary supporting documents. Our goal is to secure your position and minimize the risk of reassessment from the very first stage of the audit.

FAQ

The main types of tax audits are the on-site accounting audit (in the company’s premises), the remote accounting review (through submission of digital accounting files – FEC), and the ESFP (Contradictory Examination of Personal Tax Situation) for individuals. Each procedure follows a specific timetable and is governed by taxpayer rights (charter of audited taxpayers).

In principle, the reassessment period is 3 years (year N + 3). It is extended to 10 years in the case of hidden activity, and to 6 years for registration duties or real estate wealth tax (IFI). These time limits require particular vigilance in archiving and documenting transactions.

Yes. The taxpayer may submit written observations, request a contradictory meeting, and refer the matter to the departmental interlocutor in case of disagreement. In certain situations, a tax settlement is possible to reduce penalties (up to 40% if good faith is acknowledged).

The taxpayer may:

  • Respond within 30 days (extendable to 60 days).
  • Refer the matter to the departmental commission or the conciliation commission, depending on the nature of the dispute.
  • Bring the case before the administrative or judicial court after collection.

Tax reassessments are accompanied by late payment interest (0.20% per month, i.e., 2.4% per year) and surcharges:

  • 10% for simple delay.
  • 40% for deliberate non-compliance.
  • 80% for fraudulent conduct.

Good preparation involves:

  • Keeping supporting documents and maintaining clear accounting.
  • Using tax rulings (rescrit fiscal) to secure a position with the authorities.
  • Implementing regular tax monitoring to adapt strategy.

In the event of an audit, responsiveness and support from a tax lawyer significantly increase the chances of success.

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