{"id":414,"date":"2020-12-14T14:00:57","date_gmt":"2020-12-14T14:00:57","guid":{"rendered":"https:\/\/www.cac.net.in\/blog\/?p=414"},"modified":"2020-12-21T04:44:48","modified_gmt":"2020-12-21T04:44:48","slug":"can-you-receive-penalties-for-an-error-from-your-tax-advice","status":"publish","type":"post","link":"https:\/\/www.cac.net.in\/blog\/can-you-receive-penalties-for-an-error-from-your-tax-advice\/","title":{"rendered":"Can you receive penalties for an error from your tax advice?"},"content":{"rendered":"\n<p>Freelancers and companies leave the administrative\nprocedures in the hands of a tax consultancy, we will see if they are\nresponsible after an error by their manager or advisor.<\/p>\n\n\n\n<p>It is quite common, that freelancers and SMEs outsource services such as tax, labor and accounting advice for their businesses. In addition, bureaucracy, paperwork and the obligations of a business linked to organizations, are some of the thorniest areas in terms of managing a business.<\/p>\n\n\n\n<figure class=\"wp-block-image\"><img loading=\"lazy\" decoding=\"async\" width=\"900\" height=\"900\" src=\"https:\/\/www.cac.net.in\/blog\/wp-content\/uploads\/2020\/12\/Tax_Advice.jpg\" alt=\"\" class=\"wp-image-415\" srcset=\"https:\/\/www.cac.net.in\/blog\/wp-content\/uploads\/2020\/12\/Tax_Advice.jpg 900w, https:\/\/www.cac.net.in\/blog\/wp-content\/uploads\/2020\/12\/Tax_Advice-150x150.jpg 150w, https:\/\/www.cac.net.in\/blog\/wp-content\/uploads\/2020\/12\/Tax_Advice-300x300.jpg 300w, https:\/\/www.cac.net.in\/blog\/wp-content\/uploads\/2020\/12\/Tax_Advice-768x768.jpg 768w, https:\/\/www.cac.net.in\/blog\/wp-content\/uploads\/2020\/12\/Tax_Advice-230x230.jpg 230w\" sizes=\"auto, (max-width: 900px) 100vw, 900px\" \/><\/figure>\n\n\n\n<p>Especially because of the importance and possible impact of\nthese steps on the business and on the entrepreneur&#8217;s headaches, if they are\nnot managed in the correct way<\/p>\n\n\n\n<p>For the advice to be able to fulfill its obligations correctly,\nfor example, for the preparation of the relevant tax returns and declarations,\nit is essential that the advisor has access to all the data and information\nthat affect the act.<\/p>\n\n\n\n<p>In the event that the latter does not have, at the time of\ncarrying out the procedures, the necessary or relevant data or documentation,\nit is impossible that, even applying the greatest possible diligence, the\nassignment can be carried out adequately and in accordance with the law.<\/p>\n\n\n\n<p>Just as there are consultancies with great professionals, we\nalso find some that make us doubt their good work. As might be expected, due to\nthe lack of knowledge, experience and professionalism, mistakes come by\nthemselves. But should the customer bear the consequences?<\/p>\n\n\n\n<p><strong>Are you responsible\nfor an error in your tax advice?<\/strong><\/p>\n\n\n\n<p>An error in administrative management as a company or\nself-employed person can lead to a fine or financial sanction, often\naccompanied by default interest. However, depending on the type of error, it\nmay or may not be attributed to tax advice.<\/p>\n\n\n\n<p>In order for the responsibility to fall on the tax advice,\nit must be a mistake made by the adviser through negligence.<\/p>\n\n\n\n<p>In addition, only the payments required from the taxpayer\n(company or self-employed that hires the consultant&#8217;s services) that imply\ndamage and are caused by the performance of the consultancy are established as\ngrounds for compensation.<\/p>\n\n\n\n<p><strong>Example of civil\nliability of a tax consultancy<\/strong><\/p>\n\n\n\n<p>Due to the particularities of the activity, most tax consultancies have civil liability insurance. Besides giving us security, it also offers it to the clients if they make a negligent mistake like the following:-<\/p>\n\n\n\n<p><strong>Interest on late payment or penalty for a tax not paid on time as a result of an oversight by the advisor.<\/strong><\/p>\n\n\n\n<p>Let&#8217;s imagine that the advisor forgets that a new\nself-employed person must file personal income tax returns in the first year of\nactivity. After an inspection, they demand the payment of these declarations\ntogether with a fine; the difference between what he had to pay and what was\nactually declared is the responsibility of the advisor.<\/p>\n\n\n\n<p>If you are in a similar case and you have to take sanctions due to an error by your advisor, it is time to change. You need to contact the best <strong><a href=\"https:\/\/www.cac.net.in\/taxation\">tax law firms in Delhi<\/a><\/strong> to get tax, accounting and legal advice.<\/p>\n","protected":false},"excerpt":{"rendered":"<p>Freelancers and companies leave the administrative procedures in the hands of a tax consultancy, we will see if they are responsible after an error by their manager or advisor. It is quite common, that freelancers and SMEs outsource services such as tax, labor and accounting advice for their businesses. In addition, bureaucracy, paperwork and the&#8230;<\/p>\n","protected":false},"author":1,"featured_media":0,"comment_status":"open","ping_status":"open","sticky":false,"template":"","format":"standard","meta":{"footnotes":""},"categories":[81],"tags":[133,132,134,135,131],"class_list":["post-414","post","type-post","status-publish","format-standard","hentry","category-tax-regulatory-compliance","tag-best-tax-advisory-firm-in-india","tag-tax-consultancy","tag-tax-consultancy-firm","tag-tax-consultancy-firm-in-india","tag-tax-law-firms-in-delh"],"_links":{"self":[{"href":"https:\/\/www.cac.net.in\/blog\/wp-json\/wp\/v2\/posts\/414","targetHints":{"allow":["GET"]}}],"collection":[{"href":"https:\/\/www.cac.net.in\/blog\/wp-json\/wp\/v2\/posts"}],"about":[{"href":"https:\/\/www.cac.net.in\/blog\/wp-json\/wp\/v2\/types\/post"}],"author":[{"embeddable":true,"href":"https:\/\/www.cac.net.in\/blog\/wp-json\/wp\/v2\/users\/1"}],"replies":[{"embeddable":true,"href":"https:\/\/www.cac.net.in\/blog\/wp-json\/wp\/v2\/comments?post=414"}],"version-history":[{"count":1,"href":"https:\/\/www.cac.net.in\/blog\/wp-json\/wp\/v2\/posts\/414\/revisions"}],"predecessor-version":[{"id":416,"href":"https:\/\/www.cac.net.in\/blog\/wp-json\/wp\/v2\/posts\/414\/revisions\/416"}],"wp:attachment":[{"href":"https:\/\/www.cac.net.in\/blog\/wp-json\/wp\/v2\/media?parent=414"}],"wp:term":[{"taxonomy":"category","embeddable":true,"href":"https:\/\/www.cac.net.in\/blog\/wp-json\/wp\/v2\/categories?post=414"},{"taxonomy":"post_tag","embeddable":true,"href":"https:\/\/www.cac.net.in\/blog\/wp-json\/wp\/v2\/tags?post=414"}],"curies":[{"name":"wp","href":"https:\/\/api.w.org\/{rel}","templated":true}]}}