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Alinga Consulting Group lawyers win case against the Tax Authorities. The Tax Authorities claim was that if there are no sales, then VAT cannot be refunded for that period.

 01.06.05 Our experts did not agree with this for the following reasons:
1. According to the Tax Code of the Russian Federation, the tax payer must charge and declare the total VAT at the end of each taxation period.
2. The taxpayer has the right to reduce the total VAT by the sum of related deductions. VAT sums paid as a result of purchasing products are to be deducted.
3. The VAT sum, which is to be paid to the State, is charged at the end of each tax period is the net of input and output VAT.
4. In the case that the sum of input VAT is larger than the output VAT, the difference between these sums is to be refunded, according to the Tax Code of the Russian Federation.
The Court considered our experts’ position well argued and well founded. Our success in this case was not only to win judgment and have the VAT sums in question refunded, but also to avoid any fine from the Tax Authorities.

ACG commentaryQuestions about taxation are often considered in many journals and magazines, but more often than not one encounters the opinion: “Do not sue the Tax Authorities, THEY will always win.” Of course, everyone has the right to their opinion, but in our view: if one is in the right, one should defend one’s rights. |