Month:

June 2018

The missions of a lawyer for a problem of real estate law

Real estate lawyer consultation

The Real Estate Lawyer handles all matters involving real estate. This can concern conflict situations (rent collection, inheritance) as well as non-conflict situations (building permit, drafting of a lease). Here is the useful information to know about the lawyers competent in real estate law.

What business does the real estate lawyer handle?

The real estate attorney handles cases involving real estate. Its role is crucial to the extent that this right, real estate law, is, more than any other, characterized by a great complexity.

The cases dealt with often relate to disputes over a property, as part of the inheritance of a property in joint ownership for example or the non-recovery of rent. But the field of competence of a lawyer in real estate law is not limited to conflicting matters.

Here is a list of the main areas of real estate law : construction, urban planning, mortgages, easements, joint ownership, co-ownership, public domain . All cases in one of these areas are handled by real estate lawyers.

Why consult a real estate lawyer?

The role of an expert lawyer in real estate law is to advise his client on real estate law or defend him in the context of a real estate dispute.

In case of conflict, the first objective of the lawyer will be to try to try mediation, an amicable procedure so that the different parties in conflict find a middle ground.

In the event of a blockage, the real estate lawyer will defend his client and his interests before the courts.

The lawyer can also intervene in non-conflict situations, for example when drafting acts of disposition, creating an SCI, obtaining a building permit , etc. The lawyer can also advise on the administration of a trustee, the drafting of a lease, etc. More specifically, an individual must had a Real estate lawyer consultation call in situations related to:

  • The acquisition, rental or sale of real estate
  • To the construction of a real estate
  • To the administration of a trustee
  • The recovery of rents
  • To an expulsion
  • Renewal or revision of a lease
  • The cancellation of a promise to sell
  • Recovery of charges
  • Liability for damage etc

The lawyer in real estate law can also intervene on behalf of professionals: real estate developers, architects, construction companies.

When to consult a lawyer in real estate law?

The general rule of attorney consultation is valid for real estate lawyers: the sooner the better. In terms of advice, it can be very useful to use a real estate lawyer to ensure that a contract complies with the rules of real estate law. The lawyer must be consulted before drafting the act or contract.

In case of conflict, the use of a lawyer as soon as possible is the best solution to prevent the situation from escalating.

How to consult a lawyer in real estate law?

You can easily find competent lawyers in real estate law on the web. When choosing, be sure to select lawyers who … Read More

Practical tips for resolving tax disputes

At present, taxpayers can defend their interests not only in court, but also in tax authorities that are hierarchically higher than the instance that passed the controversial decision. And let the taxpayers be convinced that the higher tax authority will leave their demands without satisfaction, since, in their opinion, all the tax authorities are working together, nevertheless, this does not cancel the efficiency of the procedures for appealing the decisions of the tax authorities in higher instances of the GAAR.

Federal Tax Service

According to the latest innovations, it is necessary to appeal against the tax authorities’ actions based on the results of both on-site tax inspections and office checks, in a pre-trial order. For this purpose, the tax authority submits objections in writing. Let’s consider in detail the entire procedure for appealing the decisions of the tax inspection.

Objection procedure

In accordance with paragraph 6 of Act 100 of the Tax Code of the Federation, a taxpayer (a legal entity or an entrepreneur) whose activities were verified by the tax authorities, in person or through a representative, in the event of disagreement with its results, may file objections to this tax authority in writing both for the entire act and certain of its provisions. How to write an objection to the tax inspection report by the Tax Inspectorate?

Make a list of Disagreeable points

When composing the text of the appeal, it is first of all necessary to list the points of the act with which you do not agree. It is advisable to give motivated arguments, referring to the norms of legislation, the official position of the Ministry of Finance and the Federal Tax Service, and judicial practice. Here you should refer to the documents of your organization that would confirm your case in the dispute. The latter must be signed in due course by the head and be certified by the seal of the organization.

According to clause 6 of Article 100 of the Tax Code, objections to the tax audit act can be filed within a month from the receipt of the tax audit report. Clarifications and additions to written objections can be added, but unless the month given for objection has passed.

Basis for canceling the decision of the tax authority

At the expiration of this period, the tax authority shall notify the taxpayer in writing about the place and time of examination of the audit materials. If the payer is not notified of this, then this is recognized as a violation of the procedure and, in accordance with clause of the Tax Code of the Federation, is the basis for canceling the decision of the tax authority.

In this case, the payer or his representative is not obliged to be personally present when examining objections. However, the presence of a free will is advisable, since some controversial points can be clarified orally, and such explanations should be recorded in the protocol.

The Tax Code specifies the procedure for considering objections in detail. Direct … Read More