Tax audits are no longer what they used to be. Long characterised by a visit from an auditor, file under their arm, and discussions on the company’s premises, they are now becoming an increasingly paperless process. Emails, secure platforms, video conferences: the relationship between the tax authorities and the taxpayer has shifted towards digital channels.
Behind this development lies a twofold challenge: modernising the DGFiP and making audits more effective; but also examining the reality of the guarantees offered to taxpayers, in particular the famous ‘oral and adversarial hearing’, which remains the cornerstone of the procedure.

Control is now digital by default

For several years now, the tax authorities have been stepping up the digitalisation of their procedures. Audit notices are often sent electronically, accounting documents are submitted via platforms such as Télérecours or Escale, and communications can take place remotely.
For the tax authorities, the benefits are clear: time savings, reduced costs and easier access to accounting and banking data. Taxpayers, for their part, sometimes enjoy a new level of flexibility, avoiding the need to travel and benefiting from a more responsive service.

But this development is not without consequences. Digitisation is changing the dynamics of audit. Whereas a face-to-face meeting allowed for debate, persuasion and, at times, the defusing of a tax adjustment, digital communication creates a distance and reduces the scope for dialogue. There is a strong temptation for the authorities to rely solely on documents, thereby undermining the role of discussion.

What safeguards are there for taxpayers?

French tax law requires that the audit comply with the principle of oral and adversarial debate. This is an essential safeguard, as reiterated by the Council of State, upon which the validity of the procedure depends. However, the shift to digital processes raises the question: can an exchange by email serve as an adversarial hearing? Does a videoconference replace a face-to-face meeting?

Recent case law is beginning to establish guidelines:

• Yes, digital discussions can be worth debating, provided they are genuine, substantive and balanced;

• No, simply sending a proposed correction without any real dialogue is not enough.

Taxpayers must therefore remain vigilant: they should reply in writing, request a face-to-face meeting if necessary, and bear in mind that the right to be heard is a legal requirement, not merely a formality.

The increased risks of formalism

Digitalisation is accompanied by a rise in procedural formalism. An incorrectly addressed electronic notification, an accounting file sent in the wrong way, or an omission in the chain of communication can be enough to trigger disputes.
Conversely, taxpayers who do not strictly adhere to the deadlines and electronic formats risk losing their rights: they will be unable to lodge an appeal in time, and tax assessments will be confirmed if no response is provided in accordance with the rules.

Digital technology makes the checks faster, but also more relentless: the slightest technical error can turn into a legal weakness.

Towards remote tax justice?

This development raises broader questions about the very nature of tax audits. The DGFiP is relying on digitalisation to process more cases more quickly and to minimise face-to-face contact. Some see this as a step towards greater efficiency, whilst others view it as a loss of humanity.
In the long term, it is conceivable that almost all audits will be carried out remotely, with human intervention limited to only the most sensitive cases. It remains to be seen whether this ‘digital’ tax system will strike the right balance between efficient tax collection and the protection of taxpayers’ rights.

Conclusion

The digitisation of tax audits presents both an opportunity and a risk. It is an opportunity because it streamlines communication and speeds up procedures. It is a risk because it may undermine taxpayers’ rights and limit the scope for adversarial proceedings.
In practice, this new reality requires businesses and high-net-worth individuals to be more rigorous than ever: securing their data flows, documenting their responses and verifying the validity of notifications.

At Qualifisc, we assist our clients at every stage of the digital tax audit: preparing financial and accounting records, managing electronic platforms, and representing clients during the adversarial proceedings.