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Since its establishment DOBREV, KINKIN & LYUTSKANOV Law Firm has gained substantial experience in the provision of tax advice to its clients as an integral part of the successful implementation of their business intentions.
Being business-oriented lawyers, we advise our clients on all tax issues pertaining to their activities, as well as on all taxation matters which occur in the course of the implementation of a project or in cases assigned to the firm.
More specifically, our consultancy covers the tax aspects and issues related to ongoing transactions, mergers and acquisitions, business operations and their tax treatment and also corporate activities.
The tax planning advice is an important element of our work as tax lawyers and a considerable advantage we offer to our clients. This can be seen primarily in the forecasting and analysis of all effects of upcoming transactions, deals and business operations involving local and foreign persons, together with the intended outcome. As a result, we offer the most optimal alternatives from the viewpoint of taxation. Our advice consists also of tax planning of corporate business activities, such as structuring and restructuring of corporate groups, projects and businesses from the perspective of their tax impact. The lawyers in the firm have big experience in international tax planning, too (including the enforcement of the Agreements to Avoid Double Taxation).
Our practice in tax cases requires and has shaped thorough knowledge not only of the national and EU tax legislation but also the instructions and case law of revenues agencies and courts in this sphere.
Our consultations and legal services in the field of tax law cover, inter alia, the following major areas:
Income Taxation (direct taxes)
These include both corporate income taxation and the income taxation of individuals.
Our corporate tax advice relates to the taxation of profit and expenditures, withholding taxes charged on the income from dividends and liquidation quotas, as well as other revenues with their source within the Republic of Bulgaria, including interest rate payments, royalties and licensing fees, remuneration for technical services, etc.
The taxation of foreign legal entities for their business operations in Bulgaria, including the issues related to the place of establishment, occupy an important place in our work.
We offer consultation on the personal income taxation, such as the tax on the total annual tax base and the final taxes charged on certain income with its source in the Republic of Bulgaria (e.g. income from dividends, interest rates, rent payments, etc.). Our advice relates to both local persons (regardless of whether the source of their income is within the country or abroad) and foreign persons (for their income coming from sources in Bulgaria), including expatriates occupying managerial positions in Bulgarian legal entities.
VAT and Other Indirect Taxes
DOBREV, KINKIN & LYUTSKANOV Law Firm has considerable experience and track record in the field of the value added tax (VAT) and the functioning of the VAT system. We provide diverse consultations on these matters. They include all types of supplies within the territory of the country, the EU and to/from third countries, such as intra-community supplies and acquisitions, distance selling, triangular operations, imports, exempted supplies and acquisitions and others.
The firm advises its clients also in connection with the VAT registration and de-registration of local and foreign persons in Bulgaria.
Our consultations in this sphere include other direct taxes, as well, e.g. excise taxes, customs duties, etc.
International Taxation
This area comprises all transactions and structures with an international element, in connection with which the law firm offers advice and legal services.
Essential components of the consultations on international taxation and tax planning are the interpretation and application of Agreements to Avoid Double Taxation concluded b y the Republic of Bulgaria with regard to the treatment of various types of income and profit.
Local Taxes and Fees
In the course of the implementation of investment projects in Bulgaria, it is inevitable to tackle the issue of the local taxes and fees due, including the real estate tax, the tax charged on the acquisition of properties, the garbage fee, etc.
The patent (occupational) tax has become a local tax payable to local government budgets since 1 January 2008.
Tax Procedures
A major element of the activities of DOBREV, KINKIN & LYUTSKANOV Law Firm in the area of tax and financial law is the legal defence and representation of our clients in tax disputes, mainly in the appeal of wrong tax assessments issued by the revenue administration (tax audit statements, netting and recovery acts). Our services and consultations cover both administrative procedures and court proceedings in tax matters.
The law firm has varied and rich practice in tax cases, including but not limited to, refused right to tax deduction, invoking joint liability under the VAT Act for suppliers’ debts, adjustments of the financial results under the Corporate Income Tax Act and others.
We advise and represent our clients also in other procedures and proceedings under the Tax and Social Security Procedure Code such as staying audit acts, appeal against penalty orders issued by revenue authorities, security, rescheduling of tax debts, etc.
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