Oil industry workers have reached a towerBusiness about return 1,74 mlrd roubles of tax sanctions of Open Society “ Samaraneftegaz “ will consider Supreme Arbitration Court Presidium. Earlier within several years tax specialists refused to return the means company, motivating the position with that payments have been made voluntary,
instead of within the limits of executive manufacture. However the board of judges has considered YOU this argument unpersuasive. According to the experts, the decision in favour of the oil company will affect and other processes “ daughters “ Rosneft on tax refund.
in open access there was a definition of board of judges of the Supreme Arbitration Court, proving transfer to Presidium YOU the Russian Federation “ tax business “ Open Society “ Samaraneftegaz “. We will remind, a daughter “ Rosneft “ tries to return 1,742 mlrd roubles of penal sanctions “ as turn of execution of the decision “. According to the document text, in the end of 2005 the Samara arbitration recognised correctness of actions of Inter-regional inspection FNS concerning the largest tax bearer - year before service has added to it 1,825 mlrd roubles of tax sanctions (for 2002). This decision in June, 2006 was challenged by arbitration court PFO. However in August the court of the first instance has supported again fiscal bodies, and by December of the same year this decision have cancelled, and business again have directed on new consideration. In litigations 2007 - 2008 the court was on the party of the oil company.
for all this time of Open Society “ Samaraneftegaz “ executing the first judgement, since July, 12th 2006 on March, 29th, 2007 has transferred into the budget 1,742 mlrd roubles. The company also has tried to return this sum in 2009. However the court has refused to oil industry workers three instances on the ground that “ Payment of the collected sanctions was made in a voluntary order, instead of on the basis of the judgement and the court order “.
Nevertheless, autumn of 2010 the board of judges YOU has noticed that voluntary actions all - taki are execution of the judicial certificate, because “ necessity of strict observance and execution should not depend on the fact of excitation of executive manufacture “. A definitive point in this business it is necessary to put to Presidium YOU. Date of hearing of business is not appointed yet.
participants of litigation have refrained from comments before its termination.
following the results of 2009 makes 21,44 mlrd roubles.
Following the results of 6 months 2010 the gain makes 33,5 mlrd roubles, net profit - 7,7 mlrd roubles.
experts remind of that, Samara “ a daughter “ Rosneft any more the first year tries to return the taxes paid earlier in a judicial order. So, since 2009 the company with variable success will appeal against against actions of the tax specialists who have refused zachest 3,163 mlrd of roubles superfluous, according to the company, payments on account of current taxes. The disputable sum was formed in 1999 - 2000. At that time the Samara company entered in NK “ YUKOS “ and the managing director of Open Society was Pavel Anisimov. It and the chief accountant “ Samaraneftegaza “ Elena Marochkina have been accused of evasion from payment of taxes in especially large sizes (item 199 of the criminal code of Russian Federation). On versions of the investigation, a damage from financial frauds in 1999 - 2000 has made nearby 30 mlrd roubles. But the court recognised as proved a damage only at a rate of 8 billion In 2005 within the limits of criminal trial the company on account of voluntary surcharge for 1999 - has transferred into 2000 the budget 3,644 mlrd roubles which have been enlisted as tax payments, instead of as harm compensation (which they, as a matter of fact, and were). In May, 2006 Pavel Anisimov has received 2,5 years of imprisonment, and Elena Marochkina - 1,5 years. In January, 2007 cassation instance of the Supreme court of the Russian Federation “ has knocked off “ to both on half a year also has replaced real terms conditional, however later it had been brought new accusations. The part of this sum also tries zachest in the form of the tax payments Rosneft. And in August of this year YOU has refused to the company transfer of business to Presidium.
an analyst of oil and gas sector IK “ Opening “ Dmitry Ljutjagin has found it difficult to remember yesterday cases, when “ to daughters “ it was possible to Rosneft to return means from FNS. However that is all - taki will occur, he does not doubt: The company is supported at the highest level. Lawyers notice that the decision of Presidium YOU precedent does not become, but will be considered in other judicial disputes of the company for certain. And this decision cannot be appealed against in Russia, and the bases for an exit of this dispute on the international level lawyers do not see. “ the probability of revision YOU the Russian Federation judicial certificates of inferior courts is high enough (decisions of 2009 mean. - „“). In case of removal by Presidium YOU the Russian Federation decisions about cancellation before the accepted decisions and satisfaction of the statement for turn, it comes into force from the date of its acceptance. After that the arbitration court of the first instance (Samara region) should give out the companies the court order on return of the means paid in the budget “ - Alexander Vjazovik operating Volga region management VEGAS LEX marks. According to the senior lawyer of the legal company “ the Tax specialist “ Anton Krotina, “ Term of return of unduly paid taxes cannot exceed 30 days after reception by judgement tax department provided that the tax bearer does not have shortages under other taxes “.