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Tax reform of 2015: the legal analysis of legislativ...


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One of the largest importer of trucks, buses and trolleybuses, asked allTax legal and tax advisors to protect its interests in a tax dispute with a Fiscal Service of Kyiv.
As a result of tax audit which was held by the fiscals the large importer was fined for over 850 000 hrivnas and was obliged to pay additionally VAT and corporate tax.

The tax dispute concerned the usage of the conception of ad valorem share in accordance with international agreements of Ukraine and countries of the CIS (Commonwealth of Independent States), - the Agreement "On rules of origin of goods in the Commonwealth of Independent States" signed on 20.11.2009 and went in force in Ukraine in 14.09.2011.

On the base of the tax consultitions given to the client by allTax team, the client prepared lawsuit and the District Administrative Court of Kyiv decided to satisfy the lawsuit and to abolish fines and other payments for 850 000 hrivnas. The Court found no violations by the importer of the Agreement "On rules of origin of goods in the Commonwealth of Independent States" and written that the client applied it correctly. The Court obliged the Fiscal Service to pay to the Importer all court’s expenses. The Court of Appeal had not canceled the decision of the Court of the first level. The judgment became final.
The client was consulted by allTax leader Victor Sereda.