Court settlement of tax disputes

Court settlement of tax disputes

  • Retail Successfully
    Court settlement of tax disputes

    Judicial protection in bankruptcy proceedings at the request of the authorized body

    A bankruptcy petition has been filed against the Client based on outstanding tax debts

    • Purpose

      Representing the company in arbitration court in bankruptcy proceedings at the request of the tax authority

    • Employee involved

      Andrey Solomyany

    • Process description

      The tax authority filed an application for declaring the Company bankrupt in order to satisfy the claim for tax arrears collection through bankruptcy proceedings. Tax Compliance specialists have developed a defense position justifying the absence of grounds to recognize the application of the tax authority as justified and the need to terminate proceedings in the case

    • Result

      The court accepted the arguments of the Company, acknowledged the application of the authorized body unfounded and dismissed the bankruptcy proceedings

  • energy 3 billions ₽
    Court settlement of tax disputes

    Representing a major oil producer in court to reclaim an invoice

    • Process description

      The client's counterparty refused to issue an invoice for the work performed on a major construction project. This position of the defendant was due to the fact that the parties had different approaches to determining the final cost of the work. The dispute was also complicated by the existence of conflicting practices regarding the possibility of such claims. (Project implemented by employee prior to joining Tax Compliance)

    • Result

      Through an elaborate strategy, the court agreed that the company's invoicing requirements of the counterparty should be satisfied.

  • energy 15 millions ₽
    Court settlement of tax disputes

    Defending the interests of a major generating company in a dispute over the treatment of "golden parachutes" as expenses for corporate income tax purposes.

    • Process description

      During the tax period under audit the Company paid remuneration to employees for voluntarily agreeing to terminate an employment contract. This remuneration was included in expenses for corporate income tax purposes. The tax authority considered these expenses to be economically unjustified, which led to a tax dispute. (Project implemented by employee before joining Tax Compliance)

    • Result

      The legal position and calculations prepared on the basis of the emerging jurisprudence made it possible to substantiate the illegality of a significant amount of additional charges within the episode. This project was successfully implemented during the most difficult period of time when the practice on accounting of the respective payments as expenses was heterogeneous and contradictory.

  • energy 40 million ₽
    Court settlement of tax disputes

    Supporting a dispute over retrospective application of the results of cadastral value revision in the interests of a major generating company

    • Process description

      At the end of 2016 the Moscow authorities decided to revise the value of a number of key facilities and to make its application retroactive. The Company did not agree to pay corporate property tax for 2016 based on the recalculated value, which led to a dispute with the tax authority. (The project was implemented by an employee before joining Tax Compliance)

    • Result

      As a result of developing the right strategy, based on the position of the Supreme Court of the Russian Federation in the case of Yumaks, we were able to convince the court of the legitimacy of the client's claims.

  • energy Successfully
    Court settlement of tax disputes

    Supporting a dispute over the exclusion of production buildings of one of Russia's largest generating companies from the list of immovable property for which the tax base is determined as the cadastral value

    • Process description

      A number of buildings of the energy company were used for purposes related to production activities, both directly and indirectly, in particular to accommodate personnel, etc. These buildings were included in the list as a result of a survey of their actual use by the regional authorities, as well as taking into account the permitted use of the land plot. (Project implemented by an employee prior to joining Tax Compliance)

    • Result

      In this dispute, we were able to convince the court to exclude all buildings from the list, allowing the client to achieve substantial tax savings.