Legrant protected the interests of a large grain trader in a tax dispute

September 12, 2018 · News

Legrant successfully protected the interests of its' client, a large grain trader, in a legal dispute with the State Department of the State Fiscal Service in the Odessa region.

The tax authorities did not accept netting in the field of external economic activity, arguing, that it contradicts the special currency legislation, therefore a profit yield in foreign currency on the basis of EEA-contract must be necessarily proceeded on the account of a resident. And, according to the established practice, the client was charged a penalty in the amount of 0.3% for each day of non-receipt of foreign currency earnings on the account.

Lawyers of Legrant have presented a competent position in the court, justifying the legality of the termination of obligations by offsetting the same homogeneous requirements.

As a result, the Odessa Regional Administrative Court upheld their position and abolished tax notices-decisions in amount more than 83 million hryvnas.

A similar position was assumed by the Odessa Administrative Court of Appeal, leaving the decision of the court of first instance unchanged. The case was supported by Legrants' advisor Tatyana Kudryavtseva under the overall supervision of managing partner Tatyana Titarenko.