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Inspections in the office are a complete surprise. People experience shock and stress, which is what the inspectors play on. When a person is shocked, their brains switch off and they are easier to manipulate.
How to prepare for this... Ideally, the team should have a responsible person who is aware of all the rules for conducting inspections and who will supervise it if one happens. Ideally, a "savvy" and psychologically stable person, familiar with the methods of law enforcement and social engineering. He should periodically conduct briefings and tell employees the rules of how to communicate with people from fiscal or law enforcement agencies. At a minimum, employees should know that they do not have to answer any questions from inspectors unless they are separately called in for questioning. And also that in case of any delays, they should immediately contact the responsible person, director or corporate lawyer.
Take the basic rules on how to behave if you are overwhelmed:
1. Organize full support of the inspection by the person in charge, who will record all the actions of the inspectors as much as possible.
This can be protocoling, or audio and video recording. The inspectors draw up the protocol in two copies signed by both parties on the day of the inspection. Sometimes they ask to draw it up and sign it the next day. This is unacceptable! The protocol must be drawn up and signed on the same day, insist on it. And the person in charge must ensure that everything is indicated there clearly and without exaggerations. If necessary, add comments.
For audio recording, we recommend having a high-quality voice recorder. You can also record everything on video, but this usually only angers the inspectors. They can simply forbid it, and sometimes even take your video recording with them as material evidence. In addition, if there are cameras in the office, this is unnecessary.
2. As soon as the security forces enter, immediately call the corporate lawyer.
Of course, he must be there, and there must be an agreement with him, where such visits are spelled out. If there is no specific lawyer, you can conclude an agreement with a college or a law firm, where a professional will always be assigned to you upon call. The easiest way, as already written, is to find a lawyer's office nearby or even rent him an office in the next room. Then he will fly in immediately and will not allow violations on the part of the inspectors, as well as screw-ups on the part of your staff.
3. While the lawyer is flying, do not help the inspectors in any way.
Their task is to expose you and find evidence of violations, and yours is to make sure they are not found. Let them do what they want, but within the law and under your control. Ideally, all employees should remain silent and refer inspectors to the person in charge or to a lawyer with a simple phrase: "we have a person in charge, contact him." This way, no unnecessary verbal information will fall into the wrong hands.
4. Masked shows usually begin with a "performance" of security officials who fly in screaming, break into doors, jump over turnstiles, put everyone on the floor or face the wall, shout commands, etc.
And then those who will actually check come in. The first act of this performance is aimed at shocking the employees so that they, in confusion, give out everything they ask for. Therefore, it is necessary to reduce the pace and pressure of the inspectors. This is done with a stupid routine.
We write out the necessary information from the certificates, check the validity of the certificates, etc. This takes time and the tension will naturally decrease, routine sets in, the workers calm down and remember the rules of conduct during inspections.
Tax risks are higher than others today. If an entrepreneur can solve business issues on his own, he needs to understand taxes.
But not only taxes, but also methods of communication with inspectors.
Communication with tax officials is a separate psychology. Many are afraid of them and behave constrainedly, and also agree to any proposals, which they always take advantage of.
We will give some advice on how to communicate with inspectors and their bosses:
1. Communicate calmly.
These are the same people as you. Yes, they have a certain power, but, in fact, these are ordinary budget employees, like doctors or teachers, and among them there are normal people who understand adequate communication. Therefore, stay calm, communicate correctly and politely. In person or via TKS - it does not matter. The way you would like to be communicated with.
2. Know your rights.
The tax officer understands taxes. And since your communication with him concerns taxes, you need to understand them too. Then you will be able to communicate in the same language. It is useless to prove that you are not guilty if there is a violation of the Tax Code of the Russian Federation. Tax officers value competence and, like everyone else, want to communicate with "savvy" people. Therefore, study the tax system of your company and understand the principles of 1C. We would also recommend that you look at Articles 32 and 33 of the Tax Code of the Russian Federation on the rights and obligations of tax authorities. This is a real trump card.
3. Think through responses to requests and prepare for the meeting.
Everything is strictly individual here, but if you understand the questions that may be asked and have approximate answers, it will be easier. Therefore, know your problematic counterparties, have facts on transactions, understand what you should definitely not provide and say.
4. There is no need to be afraid.
The main goal of a business is profit, and the inspector is taxes and replenishing the budget. In fact, these are mirror-opposite goals and he does not give a damn about all your problems. Therefore, only adequate analysis, competence and arguments come first, like in chess. Inspectors are obliged to act within the law and do not have the right to just slap taxes on.
5. Don't trust the tax authorities.
Their bonuses directly depend on budget replenishment, and no one has cancelled collection plans. But there are many taxpayers and few inspectors. And today they actively use the strategy of intimidation, "bolding" their guesses, and also openly lie. And even when they say that they know everything, and ASK VAT sees everything, in 90% of cases it is a bluff.
As practice shows, this works and about 50% of taxpayers simply pay extra after a commission or even a stern demand. At the same time, many tax authorities actively use social engineering and psychological pressure methods, the “good-bad inspector” technique, etc. We will write separately how to resist them. The police act in exactly the same way during interrogations. And if you cave in, they will hang you right away. Therefore, facts and once again facts!
6. Check.
Yes, take a break and check everything the inspector says. Today there are many ways. If they say there is a gap, order a report and analysis from experts, if they say that the counterparty is a one-day company, check, if they accuse you of splitting, collect arguments and raise judicial practice. If there are claims about cashing out or VAT, contact suppliers and jointly build a defense.
Usually, they do not waste time on those who skillfully defend themselves, because there are always enough agreeable people.
How to prepare for this... Ideally, the team should have a responsible person who is aware of all the rules for conducting inspections and who will supervise it if one happens. Ideally, a "savvy" and psychologically stable person, familiar with the methods of law enforcement and social engineering. He should periodically conduct briefings and tell employees the rules of how to communicate with people from fiscal or law enforcement agencies. At a minimum, employees should know that they do not have to answer any questions from inspectors unless they are separately called in for questioning. And also that in case of any delays, they should immediately contact the responsible person, director or corporate lawyer.
Take the basic rules on how to behave if you are overwhelmed:
1. Organize full support of the inspection by the person in charge, who will record all the actions of the inspectors as much as possible.
This can be protocoling, or audio and video recording. The inspectors draw up the protocol in two copies signed by both parties on the day of the inspection. Sometimes they ask to draw it up and sign it the next day. This is unacceptable! The protocol must be drawn up and signed on the same day, insist on it. And the person in charge must ensure that everything is indicated there clearly and without exaggerations. If necessary, add comments.
For audio recording, we recommend having a high-quality voice recorder. You can also record everything on video, but this usually only angers the inspectors. They can simply forbid it, and sometimes even take your video recording with them as material evidence. In addition, if there are cameras in the office, this is unnecessary.
2. As soon as the security forces enter, immediately call the corporate lawyer.
Of course, he must be there, and there must be an agreement with him, where such visits are spelled out. If there is no specific lawyer, you can conclude an agreement with a college or a law firm, where a professional will always be assigned to you upon call. The easiest way, as already written, is to find a lawyer's office nearby or even rent him an office in the next room. Then he will fly in immediately and will not allow violations on the part of the inspectors, as well as screw-ups on the part of your staff.
3. While the lawyer is flying, do not help the inspectors in any way.
Their task is to expose you and find evidence of violations, and yours is to make sure they are not found. Let them do what they want, but within the law and under your control. Ideally, all employees should remain silent and refer inspectors to the person in charge or to a lawyer with a simple phrase: "we have a person in charge, contact him." This way, no unnecessary verbal information will fall into the wrong hands.
4. Masked shows usually begin with a "performance" of security officials who fly in screaming, break into doors, jump over turnstiles, put everyone on the floor or face the wall, shout commands, etc.
And then those who will actually check come in. The first act of this performance is aimed at shocking the employees so that they, in confusion, give out everything they ask for. Therefore, it is necessary to reduce the pace and pressure of the inspectors. This is done with a stupid routine.
We write out the necessary information from the certificates, check the validity of the certificates, etc. This takes time and the tension will naturally decrease, routine sets in, the workers calm down and remember the rules of conduct during inspections.
Tax risks are higher than others today. If an entrepreneur can solve business issues on his own, he needs to understand taxes.
But not only taxes, but also methods of communication with inspectors.
Communication with tax officials is a separate psychology. Many are afraid of them and behave constrainedly, and also agree to any proposals, which they always take advantage of.
We will give some advice on how to communicate with inspectors and their bosses:
1. Communicate calmly.
These are the same people as you. Yes, they have a certain power, but, in fact, these are ordinary budget employees, like doctors or teachers, and among them there are normal people who understand adequate communication. Therefore, stay calm, communicate correctly and politely. In person or via TKS - it does not matter. The way you would like to be communicated with.
2. Know your rights.
The tax officer understands taxes. And since your communication with him concerns taxes, you need to understand them too. Then you will be able to communicate in the same language. It is useless to prove that you are not guilty if there is a violation of the Tax Code of the Russian Federation. Tax officers value competence and, like everyone else, want to communicate with "savvy" people. Therefore, study the tax system of your company and understand the principles of 1C. We would also recommend that you look at Articles 32 and 33 of the Tax Code of the Russian Federation on the rights and obligations of tax authorities. This is a real trump card.
3. Think through responses to requests and prepare for the meeting.
Everything is strictly individual here, but if you understand the questions that may be asked and have approximate answers, it will be easier. Therefore, know your problematic counterparties, have facts on transactions, understand what you should definitely not provide and say.
4. There is no need to be afraid.
The main goal of a business is profit, and the inspector is taxes and replenishing the budget. In fact, these are mirror-opposite goals and he does not give a damn about all your problems. Therefore, only adequate analysis, competence and arguments come first, like in chess. Inspectors are obliged to act within the law and do not have the right to just slap taxes on.
5. Don't trust the tax authorities.
Their bonuses directly depend on budget replenishment, and no one has cancelled collection plans. But there are many taxpayers and few inspectors. And today they actively use the strategy of intimidation, "bolding" their guesses, and also openly lie. And even when they say that they know everything, and ASK VAT sees everything, in 90% of cases it is a bluff.
As practice shows, this works and about 50% of taxpayers simply pay extra after a commission or even a stern demand. At the same time, many tax authorities actively use social engineering and psychological pressure methods, the “good-bad inspector” technique, etc. We will write separately how to resist them. The police act in exactly the same way during interrogations. And if you cave in, they will hang you right away. Therefore, facts and once again facts!
6. Check.
Yes, take a break and check everything the inspector says. Today there are many ways. If they say there is a gap, order a report and analysis from experts, if they say that the counterparty is a one-day company, check, if they accuse you of splitting, collect arguments and raise judicial practice. If there are claims about cashing out or VAT, contact suppliers and jointly build a defense.
Usually, they do not waste time on those who skillfully defend themselves, because there are always enough agreeable people.
