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BACHMANN AVOCAT

TAX LAW FIRM IN FERNEY-VOLTAIRE

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THE ROLE OF A TAX LAWYER

Whether in the context of his advisory activity or in litigation, the lawyer's mission is to assist and represent his client, whatever his field of intervention.

In any case, the lawyer must show competence, dedication, diligence and prudence towards his clients.

As Law is a particularly vast discipline, of which taxation is only one branch, we have deliberately chosen to focus our practice on tax matters only.

In his advisory capacity, the role of the tax lawyer consists of :

  • Ensuring the regularity of his client's tax situation,

  • Assisting him in his tax obligations,

  • Representing him in his relations with the Administration,

  • Anticipating and optimising the tax consequences linked to his situation and to his personal or professional projects.

 

In contentious matters, the tax lawyer's mission is to assist and represent his client in the context of the procedures that may be initiated against him, to ensure that the tax authorities respect their duties and to preserve the taxpayer's rights.

TAXES FOR THOSE LOCATED AT OR CLOSE TO COUNTRY BORDERS

Greater Geneva cross-border urban area is one of the most economically and demographically dynamic areas in Europe.

Border workers, expatriate employees, international civil servants, the population settled in this region goes far beyond the logic of borders.

Whether in their consumption habits, their work, their travel, their personal ties or their assets, the residents of Greater Geneva often have interests in France, Switzerland and other countries.

Its economic fabric is made up of a multitude of companies carrying out daily operations on both sides of the border.

 

In a context marked by its internationality, individuals and companies are frequently confronted with tax situations that cannot be resolved by recourse to French tax rules alone and require a perfect expertise of international taxation.

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HOW CAN WE HELP YOU

Taxation is a subject that may seem difficult to understand and apply. Its application requires a thorough knowledge of its principles.

As it constantly evolves, a permanent follow-up of its actuality is also essential.

Nevertheless, tax law has a daily impact on the lives of individuals and companies. From the preparation of an income tax return to the most complex restructuring operations of companies and groups, any operation generating or resulting from an economic flow is likely to have consequences in tax matters, whether it be income tax, corporate tax, gift tax, inheritance tax, VAT etc.

 

At the national level, the multiplication and the complexity of tax regulations lead to scenarios in which the taxpayer, confronted with a multitude of documents and laws that can be interpreted differently, finds himself in a situation of under or overtaxation.

 

In the cross-border region, the difficulties in applying the tax rules are exacerbated by the need to know and apply not only the French tax rules, but also the Swiss tax rules and those provided for by international conventions.

Determination of the taxation methods of certain income of a particular nature (whether it comes from Switzerland or more generally from abroad), declaration of foreign accounts and life insurance policies, transfer of tax residence abroad, declaration of international successions when some of the heirs are tax resident in France, the need to set up a transfer pricing policy acceptable to the competent authorities between a French/Swiss company and its Swiss/French subsidiary, determination of the VAT rules applicable to certain international transactions… individuals and companies based in the cross-border region are frequently confronted with tax issues that are difficult to resolve without the assistance of an expert.

When not identified and regularized in advance, erros in the application of tax rules can lead to audit procedures initiated by the tax authorities and result in significant tax adjustments, accompanied by surcharges exclusive of good faith in certain cases.

In addition, with the abolishment of the "Verrou de Bercy", tax procedures may in certain cases lead to criminal proceedings.

 

Under such conditions, the taxpayer is strongly advised to seek the advice of a tax lawyer as soon as the Administration initiates a tax audit procedure.

Is it also strongly recommended that the taxpayer consults a lawyer when carrying out or planning an operation whose tax consequences are not fully known.

In the Lake Geneva area, we observe a growing interest of the Swiss and French Tax Authorities in certain issues related to international taxation. These issues includes, for example:

  • The qualification of the existence on the national territory of a permanent establishment of a foreign company,

  • The questioning of the tax residence of individuals,

  • The methods of determination of transfer prices charged between companies in French-speaking Switzerland and those in French-speaking Geneva.

 

When proceedings on these matters result in a finding of irregularity in the audited taxpayer's file, the tax consequences can be severe.

In this context, after analysis of your situation, our mission is to :

  • Ensure that your tax situation is in accordance with the applicable legislation, 

  • Defuse risky situations when they exist,

  • Assist you with your tax obligations,

  • Anticipate and optimize the tax consequences of your personal and professional projects.


During a tax audit, our role is to defend your interests without concession, to assist and represent you in your relations with the Administration, and to ensure that the Tax Administration respects its obligations and your rights.

Experienced in dealing with tax issues, and more particularly with those related to border and international taxation, our mission is to provide you with a clear and appropriate solution to all your tax-related questions.

We offer you our assistance and advice in matters of personal, asset and corporate tax matters, whether your problems concern purely internal, border or international situations.


With experience in defending taxpayers during tax audit procedures, we also offer assistance in proceedings brought against you by tax authorities.

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WHY YOU SHOULD TRUST US

To advise and defend the best interests of the client, the lawyer must take the time to understand his individual situation, his objectives and the expected outcomes.

As a prerequisite for establishing a climate of mutual trust, we place a great importance on listening to our clients' needs.

 

The lawyer's is to assist and represent the client.

When a client comes to us for advice, he does not transfer his file to the lawyer but simply entrusts him with the defence and representation of his interests. 

Aware of the limits of our mandate, we attach particular importance to explaining and informing our clients of the actions envisaged in their interest.

 

Taxation is a technical matter.

The role of a tax lawyer is to make it accessible to taxpayers who are not necessarily initiated into it.

We are committed to providing our clients with clear, understandable solutions adapted to their situation.

 

Taxpayers facing tax difficulties are sometimes forced to postpone certain projects or transactions that may have a limited life span.

Some situations need to be handled with the utmost speed.

Therefore, we make it a point of honour to be available to our clients, to guide and accompany them at every stage of their project and to keep them regularly informed of the progress of their files and the decisions to be taken.

BACHMANN AVOCAT

13a Chemin du Levant, Ferney-Voltaire, France

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