Auditors have out-argued tax specialists
Court recognised as void tax claims to Ernst & Young
the Arbitration court of Moscow has satisfied Joint-Stock Company claim Ernest end Young Vneshaudit about a recognition void claims from tax specialists for the sum more than 390 million rbl. Experts connect such decision that some days ago the Supreme Arbitration Court (YOU) has stated the position on similar business of other large auditor PrajsvoterhausKupers Audit (PwC).
About tax claims to Ernest end Young Vneshaudit it became known in April of last year. Inspection of Federal tax service (IFNS) N5 donachislila the companies about 150 million rbl. of the profit tax, more than 115 million rbl. of the VAT and about 125 million rbl. of penalties and fines. According to inspection, auditors have wrongfully carried to expenses of means on fee Cyprian Ernest end Young (CIS) Limited Which owns 98 % of actions Ernest end Young Vneshaudit .
Yesterday tax specialists have generalised the arguments. Their essence was reduced to that company activity has been directed on reception of unreasonable tax benefit. Proofs of the return, according to sneaks, auditors and have not presented, in spite of the fact that
judicial session on this business passed yesterday already in the eleventh time. Inspection insisted that from the presented documents not clearly, services were rendered on what volume from the parent company.
the representative Ernest end Young Vneshaudit the partner of legal firm JUst Alexey Popov during session has noticed that according to a position YOU on business PwC tax departments have not the right to make those demands which are absent in the legislation to documents. Inspection, in turn, has referred that conclusions from the decision YOU while to do early because the decision on this business
is not published yet. The court has agreed with it. Nevertheless requirements of the auditor about invalidity of claims of inspection have been satisfied in full.
despite available differences in affairs, the position YOU on business PwC could influence the decision passed today - has declared daily g - n Priests. decisions on business PwC were twice corrected by higher instance, and last time YOU has accurately specified, what position of courts on similar affairs " should be; - the head of department of taxes and Open Company right " notices; Bejker Tilli Rusaudit Edward Kucherov. However, in its opinion, the companies it is not necessary to relax. problem counterparts did not appear in these affairs, under doubt the fact of rendering of services " was put only; - the expert speaks.