On the issue of possible tactics and updating approaches to court proceedings regarding «sham transactions»
For a long period of time disputes over so-called "void agreements" have been the most notorious disputes with tax authorities. The notion does not precisely define this category of disputes, but it has been always applied to. This refers to the refusal of tax authorities to declare the tax credit and/or expenses on transactions with contractors, which directors/participants are involved in criminal proceedings under Art. 205 of the Criminal Code of Ukraine "Fictitious business activity".
In this newsletter, we will analyze some elements of possible approaches to the court consideration of such disputes, which practical application is not widespread at present. However, we expect that its application may greatly improve the taxpayer’s position and facilitate a fair court consideration of such disputes.
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Thresholds of criminal liability under Art. 212 of the Criminal Code of Ukraine in 2019
To resolve doubts
The Great Chamber of the Supreme Court will consider the issue (in case on “old” VAT reimbursement) – whether
(1) the demand on recovery of funds from the State Budget is deemed as appropriate effective defense of violated rights of taxpayers, or
(2) the Court considers solely application on motivation of state authorities to do what they should have done
And how one can recover “old” VAT budget reimbursement which was to be recovered according to the Temporary register