Andrey Solomyany

Andrey Solomyany

  • Industries

    Manufacturing companies, FMCG, Construction

  • Qualifications

    Lawyer, Tax Consultant

  • Industries

    Manufacturing companies, FMCG, Construction

  • Qualifications

    Lawyer, Tax Consultant

Prior to obtaining the status of a lawyer, he worked for 15 years in the Federal Tax Service in a legal division.

He has experience in advising clients on the application of tax, civil and currency legislation.

He specializes in representing clients in arbitration courts challenging acts of tax authorities, in corporate disputes and bankruptcy proceedings. She supports projects of trustees in tax authorities at the stage of tax audits and pre-trial settlement of disputes.

Andrey's assistance allowed clients to challenge claims of tax authorities for substantial amounts, collect debts on contractual obligations of counterparties and avoid attracting persons controlling the debtor to subsidiary liability.

Cases

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

    Andrey Solomyany, Olga Savina

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

    Andrey Solomyany, Olga Savina

135 mln ₽

Challenging additional charges to a major retailer in a case concerning the application of tax deductions for VAT on recycled goods

Court settlement of tax disputes

Claims tax authority was made in connection with the unjustified inclusion in the composition of VAT deductions and profit tax costs incurred in the relationship with the disputed supplier, as well as the improper application of VAT deductions for recycled goods.

  • Industry

    FMCG

  • Process description

    The tax authority charged the grocery retailer additional VAT and income tax on the fruit supplier, citing the impossibility of tracing the goods from the importer to the final supplier for this delivery, as well as the presence of formal claims against the supplier. Also in connection with the fact that the fruit supplied was of improper quality and disposed of by the client within the same tax period, the tax authority further argued the impossibility of applying VAT deductions due to the lack of the object of taxation. Translated with www.DeepL.com/Translator (free version)

  • Result

    As a result, claims of the tax authorities were successfully challenged in the arbitration court after the second round of judicial appeal since the Tax Compliance lawyers managed to prove the reality of transportation of fruits from the importer to the disputed supplier. They also provided a technological description of the utilization of the goods and the validity of the VAT deduction for the disputed transaction. Translated with www.DeepL.com/Translator (free version)

  • Employees involved

    Andrey Solomyany, Olga Savina

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

Publications

Contacts