News date: 14 February 2014
Ilyashev & Partners has successfully represented Vitmark-Ukraine in the Higher Administrative Court of Ukraine during hearing on illegal decrease of negative profit tax by the tax authorities.
BACKGOUND OF THE CASE. In 2011, the Specialized State Tax Inspection on work with major taxpayers in Odessa audited Vitmark-Ukraine and reduced the negative profit tax for over UAH 90 mln. The said negative value occurred in 2008-2009 and was attributed by JV “Vitmark-Ukraine” to the gross expenditures of the 2nd quarter of 2011 as part of a negative value of the taxable asset formed after the 1st quarter of 2011.
Maksym Kopeychykov, partner of Ilyashev & Partners, legal counsel in the case, noted that consideration by the Higher Administrative Court of Ukraine of the cassation appeal proves that it is possible to reach justice in Ukraine even in the cases against the tax authorities, if the legal position is quite convincing, and the taxpayer carries out business activities in compliance with the legislation. “I have always believed that the colleagues speaking of “impossibility to deal with the state due to the total pressure of public agencies on the courts” are somewhat disingenuous as experience has proven the opposite”.
Vitmark-Ukraine is the largest Ukrainian producer of juices, nectars, juice-based and soft drinks, baby food, puree and concentrated semi-finished products. The company was founded in 1994.
Ilyashev & Partners was founded in 1997. The firm specializes in criminal, corporate, tax and employment law, debt collection, representation in courts, international arbitration, etc. Ilyashev & Partners represents more than 350 organizations and individuals in Ukraine and abroad. The firm is recommended by the international directories The European Legal 500, Chambers Global, IFLR 1000, Chambers Europe, Who’s Who Legal: CIS.