Арбитражная группа
The Tax Code does not contain a prohibition on the submission of revised tax declarations for the relevant tax period in the event of the appointment, conduct or completion of an on-site tax audit of that period.

Status: the case was transferred for a new consideration. The essence of the case: the contested decision of the company charged additional VAT, corporate income tax, the corresponding amounts of penalties, penalties in connection with the unjustified extraction of tax benefits in relations with the disputed counterparties. Significant findings: The Tax Code of the Russian […]

29.05.2024 - 5:26

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Losses will have to be paid for the use of a naked scheme

Transfer Determination dated 08.05.2024 in case No. A73-14984/2020 (303-ES24-276) Case background: The Manager and the Federal Tax Service applied to the court with applications for recovery of losses from the former head of the Debtor in connection with the withdrawal of funds received under municipal contracts through fictitious counterparties. Positions of the courts: 🔸The courts […]

29.05.2024 - 5:19

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Courts considered whether the Rules for writing off penalties under Resolution No. 783 dated 04.07.2018 apply if the contract is long-term and has not yet been fully performed

The parties entered into a contract in 2020 with a performance period of 2022-2024. In 2022, the supplier allowed late delivery of the goods, actually realizing their transfer to the customer only in 2023. The remaining goods were to be manufactured and delivered in November 2023 and November 2024. Thus, the obligations under the contract […]

29.05.2024 - 5:00

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How courts calculate the fictitiousness of payments that increase deductions.

It is not uncommon for companies to develop and put into practice schemes which enable them to increase the amount of tax deductions. Taking advantage of this, they transfer to the budget smaller amounts than they are entitled to under the law. If the tax authorities find out such actions of the firm during an […]

28.05.2024 - 6:15

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