The Supreme Court has for the second time confirmed legality of position of the State Tax Service of Ukraine in case of the Joint-Stock Company “PivdGZK” Mining and Processing Plant. This was informed by acting Head of the State Tax Service Lesia Karnaukh on her Facebook page.
According to her, the State Tax Service’s demands are recognized as justified and legal.
“Enterprise must pay 3.7 billion UAH to the budget! This is amount of tax liabilities and fines for the improper use of benefits for paying dividends to the Cypriot companies, which turned out to be “technical”. Enterprise illegally applied 5% tax rate” – noted Lesia Karnaukh.
Additionally accrued by the State Tax Service amount consists of:
- 2.98 billion UAH of the principal payment;
- 0.8 billion UAH of fines.
As Lesia Karnaukh noted, in April the Supreme Court had already passed one ruling in favor of the State Tax Service. But the JSC “PivdGZK” decided not to pay and again appealed to the court – allegedly they had found some “newly discovered circumstances”, unaccounted details.
After a thorough analysis of the plaintiff’s argumentations, the Supreme Court rejected application of the JSC “PivdGZK” for review based on newly discovered circumstances. Therefore, the court once again confirmed legality of the tax authorities’ conclusions.
“Unfortunately, some payers abuse procedural rights, delaying time. But the court decision will have to be implemented, funds must be paid to the budget. We count on the good faith of business, especially in conditions when the country needs funds for defense” – emphasized Lesia Karnaukh.