Court settlement of tax disputes

  • 135 mln ₽

    Defending a Russian construction company in an arbitration court at the stage of inclusion in the register of a tax authority claim in a bankruptcy case

    Court settlement of tax disputes

    Originally included in the register, the tax authority's claim was excluded due to the absence of tax arrears for the taxpayer.

    • Industry

      Construction

    • Process description

      As part of the bankruptcy proceedings, the tax authority's claim in the amount of RUB 135 million was included in the register of creditors' claims. The lawyers prepared a position with regard to this debt, namely: due to the fact that updated tax returns for VAT and income tax were filed, the amounts of claims must be adjusted, as the amounts payable on tax returns were initially filed by the previous management mistakenly.

    • Result

      The Moscow City Arbitration Court annulled the decision to include the tax authority's claim in the register of creditors' claims and the court appointed a new consideration taking into account the evidence provided.

    • Employees involved

      Olga Savina, Andrey Solomyany

  • Successfully

    Defended the interests of the largest supplier of household appliances in arbitration court in a case of additional taxation of imported goods with the participation of the chain of resellers.

    Court settlement of tax disputes

    Exclusion by the tax authority of material evidence against a disputed counterparty of a major supplier of household appliances

    • Industry

      FMCG

    • Process description

      With regard to the client, a tax audit was carried out, as a result of which the tax authority provides evidence that the audited entity actually purchased the disputed products directly from the importer bypassing the chain of suppliers. One of the evidence of fictitiousness was the protocol of inspection of warehouse and office premises, which the tax authority established the absence of this counterparty at the addresses and concluded that the supplier could not store the goods. The lawyers collected the information proving the falsification of the evidence submitted by the tax authority.

    • Result

      In the course of the court proceedings, the tax authority excluded this evidence, which initially formed the basis for the tax audit decision, from its position.

    • Employees involved

      Olga Savina, Andrey Solomyany

  • 23 mln ₽

    The company's interests in the case of violation of currency legislation were protected in arbitration courts of three instances.

    Court settlement of tax disputes

    Challenging of the tax authority decision on violation of the terms of loan repayment, issued by the taxpayer to a foreign company.

    • Industry

      Manufacturing companies

    • Process description

      In the opinion of the tax authority, the organization violated the term for receiving (returning) the deposit by a resident of foreign currency in accordance with the terms of the loan agreement issued by the taxpayer to the foreign company

    • Result

      As a result, all claims of the tax authority with regard to violation of terms for receiving foreign currency by a resident in accordance with the terms of the loan agreement were successfully challenged in courts of 3 instances, as the tax authority did not take into account the submitted additional agreements to the loan agreement with the foreign company.

    • Employees involved

      Mikhail Begunov, Andrey Solomyany

Court settlement of tax disputes