State bodies enhance the pressure on business
Despite the fact that the Government is taking measures to improve the business climate in the country, entrepreneurs continue to endure inconvenience in conducting entrepreneurial activities
The State Revenue Department, the Department of Consumer Protection (its subdivion SES) in Karaganda region are in the top of the list. Audits of private business often lead to additional taxation, fines on unjustified reasons, limited only by reference to the tax legislation or norms SNIP.
This was stated by Gennady Zhmuk, Deputy Director on Legal Affairs of the Chamber of Entrepreneurs of Karaganda region at the press conference.
According to G. Zhmuka, entrepreneurs can’t even rely on the objectivity of the investigation of prosecutor's office and courts.
"Despite the fact that businessmen and representatives of the National Chamber take part at the court hearing, referring to the provisions of legislation and providing real arguments, the courts do not take them and adopt unjust decisions in favor of public bodies, justifying them by one, two weak arguments of state bodies", - he said.
Since 2015, the Department of State Revenue send to entrepreneurs - counterparties of entities in respect of which were intiated criminal proceedings under Art. 215 of the Criminal Code - "pseudo-entrepreneurship" letters on voluntary elimination of violations of the tax legislation, offering to pay taxes for pseudo-enterprise.
RCE has carried out work on the recognition of such letters, notifications illegal, as they violate the rights and interests of entrepreneurs. The issue was discussed at various levels, including at the General Prosecutor's Office of the Republic of Kazakhstan. And after the intervention of the Chamber of entrepreneurs, they stopped to send notifications of this kind to entrepreneurs in the region.
"However, the State Revenue Department came up with a new method –they send an appeal to the prosecutor's office to file lawsuits in court for recognition of registration of legal entities invalid, and then send notifications to counterparties on accrual of additional taxes for transactions with these companies. Then we began to carry out unannounced checks by the facts of criminal cases, according to the investigator's decision. In this case violations remain the same: grounds for the additional accrual of VAT and CIT are the words of investigators, stating that they are not related to the economic activities of such companies", - said Mr. Zhmuk.
RCE has received 13 complaints of entrepreneurs on these issues. Some of these lawsuits are still considered, some of them were not satisfied.
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