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posted 11 years ago
Issue of
the project: Tax dispute on additional income tax, property tax on capital
costs and maintenance costs of a warehouse complex
Period: 06.2012
– 07.2014
Value: 203
million. Rubles ($6 mln.). – The total amount of expenses and capital
expenditures, which account for tax purposes
were the subject of the dispute
15.4 million.
Rubles ( half a million USD). – The amount of taxes in arrears, penalties and
interest accrued on the results of a field tax audit.
Company: Ltd.
“Transagro”
The
project: As part of a field tax audit of the enterprise, the main activity of
which is renting in the city of Tula warehouses built with the application of
advanced technology that has no analogues in the Tula region, the taxpayer
filed claims on three counts:
1) Income
tax. Unjustified inclusion of costs accrued and payable together with the
principal amount of interest on borrowed liabilities from nonresidents;
2) Income
tax. False inclusion of repair costs of storage facilities as current expenses
rather than as a part of capital expenditures;
3) Property
tax. Untimely revaluation increase as a result of the modernization of
warehouses.
DS Law
lawyers defended the interests of taxpayers by preparing for and participating
in the consideration of objections to the act of a field tax audit, the
preparation of an appeal to a higher tax authority, preparation and
participation in judicial sessions in the first, appellate and cassation instances,
as well as through the preparation and submission of a complaint to the
supervisory of The Supreme Arbitration Court of the Russian Federation.
Also, in
protecting the interests of the taxpayers, the lawyers of DS Law sent requests
to the Federal Tax Service of Russia on the lawfulness of the actions of the
subordinate tax authorities and received clarifications. The lawyers of DS Law
then sent a second request for clarification to the Federal Tax Service for
further clarification.
Work on the
project has been completed. The result of the work of the lawyers of DS Law is
currently the exception by the higher tax authorities of claims to the 2nd
instance. As part of the litigation, the claims of the tax authority for the
3rd instance were deemed illegal. The total amount of arrears, interest and
penalties recognized as illegal was 14.3 million Rubles (half a million USD).
Legal services expences for representatiom in the amount of 0.3 million rubles (of the requires 0.7 million rubles) wer recovered in favor of the taxpayer, which is significantly higher than the average for the Central District.
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