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2013 TCDR Network Meeting - Tax Raids Survey

Introduction

What is a 'tax raid'? This needs to be defined relatively widely, but basically we are talking about the unannounced arrival of tax authorities, accompanied often by local law enforcement or on some occasions fiscal police who may possibly be armed, to search business and possibly domestic premises, taking away evidence in the form of computers, software, paper files etc, to interview possibly under caution people working in the business and possibly to seal off parts of the business or prevent the business from using certain offices, assets etc.

Why we are interested in this? In recent years, tax raids have increased in a number of European countries. In-house tax professionals, legal counsels, and tax advisors need to ask themselves whether their organization is likely to be subject to such a raid and how to prepare for it. This survey is intended to gather insights on the most recent developments around the world on tax raids and how we can help our clients prepare for and properly react to tax raids.

Thank you very much for your time and support. Please start with the survey now by clicking on the Continue button below.

 
 
 
Please specify your country
 
 
 
Please specify your area of tax practice
 
 
 
Does the tax authority in your country carry out tax raids of a form described above or similar?
 
Yes
 
No
 
Dont' know
 
Please specify more details
 
 
 
 
Have you personally experienced any tax raids or are you aware of tax raids taking place in your country over the past few years? and if yes, how many cases approximately ?
 
Yes
 
No
 
 
 
If yes to the previous question, please specify the approximate number of cases you personally experienced or are aware of in the past few years
 
 
 
In those cases, was the client or the company already subject to a criminal or administrative penalty proceeding when tax raids began?
 
Yes
 
No
 
Don't know
 
 
 
What type of issues or challenges were the subject of these tax raids?
 
PE
 
Transfer pricing
 
VAT
 
Customs
 
Tax optimization
 
Personal income tax
 
Others/ Don't know
 
Other, please specify
 
 
 
 
Which type of companies was the target of the tax raids?
 
Head quarters of large domestic corporations
 
Subsidiaries of large foreign corporations
 
Local private companies
 
Other/ Don't know
 
 
 
Which industry was the subject of the tax raids?
 
Technology
 
Consumer and retail
 
Pharmaceuticals and life sciences
 
Entertainment and communications
 
Industrial products
 
Financial, banking and insurance
 
Energy and mining
 
Automotive
 
Power and utilities
 
Other/ Don't know
 
 
 
Is a legal basis (e.g., a search warrant) required under the tax law for the authorization to launch a tax raid in your country?
 
Yes
 
No
 
Don't know
 
Please feel free to specify type of authorization required
 
 
 
 
What can the tax investigators/ officials do in a tax raid?
 
Access all taxpayers' premises, including private homes
 
Examine books and records
 
Take or obtain copies of books and records
 
Interview representatives or employees
 
Secure parts of the premises or computers etc
 
Please specify other
 
 
 
 
Please specify if possible the magnitude of the tax assessment that resulted from the tax raid.
 
Less than $1 million USD
 
$1 - $50 million USD
 
More than $50 million USD
 
Don't know
 
 
 
Have you any experience of your local tax authorities participating in raids in other countries, or visiting them with a view to collecting evidence, possibly accompanied by their own or local law enforcement officials?
 
Yes
 
No
 
If so, could you please provide brief details
 
 
 
 
Do you have any guidance or training material provided to clients to help them respond to a tax raid?
 
Yes
 
No
 
 
 
If Yes, would you be able to share this with us, in anonymised form if necessary?
 
Yes
 
No