Date: 7 months ago   Category: taxes

Lawyers have found a way how to unblock 90 billion UAH which have hanged in courts


The new concept of settlement of the conflicts with fiscal service is submitted. Cancellation of the appeal of decisions of tax authorities at the level of regional managements of the State Courier Service and transfer of these disputes for consideration in the Ministry of Finance will allow to unblock about 90 billion UAH which are now appealed in courts between tax authorities and business. It was said by the managing partner of law firm of Prove Group Vladislav Kochkarov, having submitted during the press conference in Kiev on April 15 of this year the concept developed by the company on settlement of the conflicts with the State Courier Service. According to lawyers of Prove Group, in the Ukrainian realities such approach will allow to simplify and accelerate the procedure of consideration of disputes with tax that, in turn, will give the chance to the enterprises to resolve tax disputes without appeal to the court and to accurately plan use of money in business. In particular, lawyers suggest to pass to the single-level administrative appeal of decisions of the Public fiscal service of Ukraine. It is meant that complaints to decisions tax will be considered in alternative central executive authority (in the Ministry of Finance of Ukraine). Also the initiative assumes application of the procedure of mediation for the purpose of settlement of a tax dispute by a compromise. "International experience confirms that pre-judicial settlement of tax disputes can be effective. So, in the Netherlands, Germany, Great Britain, Australia there is an obligatory pre-judicial order of permission of such disputes which promotes that the stage of judicial review is reached by less than 10% of such disputes. In the USA in a year about 70-80 thousand tax cases, the majority of which is allowed by achievement of a compromise are considered and only 10% come to an end with adoption of the judgment", - believe in Prove Group. According to them, in Ukraine such procedure can last up to 4,5 months with effectiveness to on the contrary – 80-90% from the appealed decisions arrive for consideration of court where at best the dispute is resolved within a year. As a result in courts there are affairs for the total amount about 90 billion UAH which any of parties of the conflict can't fully use. The state can't because it is not agreed tax obligations, and money doesn't come to the budget, the payer – because there is always a risk of payment of the disputable sum in the budget. "Our purpose to make so that to release these financial resources as soon as possible, to reach understanding to whom they have to belong, and force them to work", - Kochkarov has noted. Introduction of the single-level administrative appeal of decisions of the State Courier Service will reach one of main objectives which now are actively declared by the government: protection of the rights of business as on hand there will be available current assets that will allow to make easier the budget of the company and, respectively, to carry out business planning, lawyers consider. Besides, receipts in the state budget will increase, courts won't be overloaded that will save resources and time of government employees of N

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