SINT MAARTEN (PHILIPSBURG) - The Senior Tax Accountant of Prudential Tax Services (PTS), Natasha Manuela, www.pts-sxm.com explains the process specifications after a protest letter has been submitted to secure a tax credit:
-Once the tax assessment has been received it is fundamental to focus on the date of the collection, due to the statute of limitation of 2 months to react by filing a protest letter and to be considered admissible for handling by the fiscal authorities at all stages of the process.
-After the fiscal authorities are in possession of the protest letter, the Tax office has 9 months to react if the assessment is subject to a tax credit.
-In accordance with article 30 of the Federal Tax Legislation, in the event the Tax office can not comply within the mentioned period, the entity has the obligation to inform the taxpayer of this condition in writing, along with the motivation for not being able to rule on the protest letter on time, and also provide the tax payer the date for the ruling.
-If the Tax Authorities does not respond within a year after the date on which the initial protest letter has been filed, than the Taxpayer can proceed to file his Appeal at the Tax Court for intervention of the case in which the entire process will be scrutinized by the Tax Court.
-Should the Tax Authorities comply with the term of 9 months, than the taxpayer has 2 months to prepare his appeal to question the ruling of the Tax Department in order for the Tax Court to consider the Appeal admissible and therefore treated.
-The importance of the protest letter and the Appeal statute of limitation of 2 months is crucial by the Tax Court to admit the appeal to be treated in the legal proceeding.
Standard behavior of many Accountants
Unfortunately many administration offices, Accounting offices does not provide a 9 yard service and drop the taxpayer with the problem and subsequently informs them that nothing can be done, especially after a Tax Audit Investigation by the Fiscal Authorities or a rejected protest letter.
It has become a new phenomenon that the Tax Office attempts to secure tax payment plans for the revenue service body however reinstates the collection of aged Tax assessments in the listing, which contradicts the Federal Tax Legislation from all angles.
PTS trades in
The current conditions weather the exact moment when Prudential Tax Services trades in, to address the Tax problem by dissecting errors or oversights by the involved parties in order to mitigate the Taxation impact.
The fact that many accounting offices has a service limitation in this particular area, creates a severe dormant handicap for the taxpayers with the consequence that the tax payer only becomes aware when the problem has already materialized legally to their disadvantage.
The burden of proof remains by the client policy, shortcoming in the Postal service, letters being rolled as cigars and left at the gate scenarios, are triggers for late filing of the Tax appeals. The strategy on how to reverse the inadmissible condition in the Appeal phase is essential and fundamental for the Tax debt treatment to secure a tax credit.
Prudential Tax Services has the obligation to make the business community aware of what is the field shortcoming and will be a front liner to prevent any injustice practices with the taxpayer. The Taxpayer deserves the best possible representation and it is exactly what PTS offer. (PTS)