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Corporate Fiscal and Tax Law Research Center




    

Professional Legal Services of Research Center for Fiscal and Tax Law

Non-litigation Dispute Settlement Mechanism

  Non-litigation dispute settlement mechanism is the general term of non-litigation dispute settlement procedure or mechanism except litigation system. Unlike litigation remedy, non-litigation dispute settlement mechanism is more convenient, more flexible but with lower cost. Non-litigation dispute settlement is more acceptable to both parties, especially in China where people esteem "harmony is most precious".

 

Tax Dispute Resolution Team of BST adheres to the concept of clients' interests orientation. According to the specific circumstances of the case as well as the purpose and requirements of clients, we will focus on the overall analysis and grasp of the case, then propose alternative solutions to litigation, such as negotiation, reconciliation, mediation, arbitration and so on, so as to better safeguard the interests of clients. Boasting abundant practical experience and solid legal theory, especially in negotiation, mediation and other business areas, lawyers in our team often put forward creative solutions for clients, and resolve dispute in non-litigation manner.

       

"Force", "reason" and "benefit" are all ways to resolve the conflicts. It is our mission to resolve conflicts between tax authority and enterprise through any non-litigation means and achieve the commercial objectives of our clients by exploiting every possible means of communication and analyzing the trend of the case


 


I
ntroductions to Key Services

Nowadays, the actual situation of tax collection and management decides the drawn-out communication between tax authority and enterprise before and during the process of dispute of the two parties. Why is most communication ineffective? Why does company always play a passive role in most communication? How can you get your opponent back to the negotiating table if the negotiation comes to a deadlock? How to achieve a win-win situation between tax authority and enterprise?

It is financial personnel of enterprise who carry out most of the communication between tax authority and enterprise. They focus on the details but ignore the legal consequences of the future trend of the case. The right practice is to assess the risks of law application in view of the existing laws, regulations, industry rules and policy guidance, and analyze the legal consequences of both tax authority and enterprise on the basis of clear understanding of the case. Only in this way can it be possible to take the lead in negotiations.

 

Administrative Reconsideration:


In the increasingly challenging taxation environment, there are unavoidable differences and misunderstandings between tax authority and enterprise. Some of them have been settled amicably; others have escalated into full-scale disputes, which then become a judicial battle to be faced with caution.



What tax disputes need administrative reconsideration?

Most are tax disputes concerning dissatisfaction with the taxation conducted by the tax authority, including the confirmation of the subject of taxation, the object of taxation, the scope of tax collection, tax reduction, tax exemption, tax refund, tax deduction, applicable tax rate, tax basis, tax payment place, the assessable period for tax payment, tax payment place and tax collection methods, and other specific administrative act.



Introduction to Key Services

Through the precise analysis of the case in the previous phase, we will assist the company in formulating technical and tactical strategies for the administrative reconsideration. Our services include the following:



Administrative Litigation

Nowadays in China, the administrative counterpart is full of doubts about the litigation against the administrative authority. However, years of legal practical experience of professionals in research center shows that the rational use of administrative litigation is conducive to building a more harmonious relationship between tax levy and tax payment for the administrative authority and administrative counterparts, and help to achieve a new balance of power between the two parties. With the increasingly transparent judicial environment in China, the effect of judicial supervision over administrative power is becoming increasingly apparent. On top of this, in the wake of the emergence of a group of professional tax lawyers, we are equipped with unique insights and expertise, which can help enterprises to choose, implement and adjust various strategies to deal with tax litigation. Safeguarding legal rights is difficult, but only trying it can make it possible. It is difficult to sue, but to give up the procedural rights easily means to give up one's own lawful rights and interests. If enterprises tacitly accept the nature of its own business conduct defined by the tax authority, they will make the future business activities in this region more passive.


 

 


Yao Bin / Managing Partner / First-Grade Lawyer
Yao Bin is the director of Jiangsu BST Law Office and the founding partner of Jiangsu BST Law Office. He has served in the judiciaryauthority for many years and received international trade and foreign legal training at the University of Minnesota Law School and The University of Hong Kong, who has more than 20 years of experience in legal professional services. The main practicing expertise of Yao Bin is international trade dispute, investment and financing listing operation, economic contract dispute, bankruptcy liquidation, assets reorganization related legal affairs. Yao Bin is well versed in international tr...
Zhou Lianyong / Managing Partner / Senior Lawyer
Zhou Lianyong is the executive director and managing partner of Jiangsu BST Law Office. He has more than 20 years of experience in legal professional services. He was a candidate for the Top Ten Outstanding Youth in Nanjing and was awarded the title of “Outstanding Lawyer of Jiangsu Province”. Zhou Lianyong has served as a perennial legal counsel for many large-scale enterprises such as FIVE STAR Electric Appliance Group Co., Ltd., Xinning Co., Ltd., Jiangsu Zhengyang Real Estate Co., Ltd., ZHONGYI ARCHITECTURAL DESIGN INSTITUTE CO., LTD, Nanjing Daily, and Jiangsu TV; also, he handled or participated in more tha...

 
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