The company Kolomoisky has won a court tax

Компания Коломойского выиграла суд у налоговиков

The court overturned the vast requirements of the Fiscal service to MAU

The court has waived the requirement of Fiscal service to the MAU. Amount of taxes and fees that had to pay the company Kolomoisky, is almost 60 million.

The sixth administrative court of appeal canceled the requirement of the Office of large taxpayers of the State fiscal service regarding the monetary obligations under CHAO, the Airline Ukraine International airlines (UIA) taxes and fees in the amount of 59,96 UAH million. It is reported Finbalance.

According to court records, during the tax audit it was established that based on the agreement of operational leasing MAU in 2013-2015 paid 431,6 million UAH lease of two aircraft for the company-nonresident (Fintas Aviation Leasing UK One Limited). The airline took advantage of the privileges (exemption from taxation of source of income), provided by article 8 of the “Sea and air transport” Convention between the Government of Ukraine and the Government of the United Kingdom of great Britain and Northern Ireland for avoidance of double taxation and prevention of fiscal evasion regarding taxes on income and capital gains. In the GFS with this decision has disagreed and has decided to collect from the company Kolomoisky forgone taxes and a fine.

After analyzing the case, the District administrative court of Kiev came to the conclusion that the “claimant is exempt from taxation of income of non-residents”.

In addition, the court pointed out that the documentary field examination of the plaintiff conducted by the tax authorities in the period from may 23, 2018 August 7, 2018, and the answer from the competent authority of the UK on request SFS received 13 September 2016 – “that is outside of the audit”.

The court also noted that these facts show that the defendant acted with abuse of their powers, which resulted in undue interference in the economic activities of the plaintiff and the documents required by the defendant to the act of unscheduled documentary on-site checks from 15 August 2018, obtained without compliance with the legislation.

Earlier it was reported that in 2018 the losses of MAU increased 8.9% to 2,696 billion.

 

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