The account is released, you can continue to work
Subject of tax implications for law-abiding businesses after recognition of its counterparty as a pseudo-enterprise is very relevant in South Kazakhstan
Arrest of an account - is like handcuffs for a businessman: there is no possibility to carry out the transaction, the company is losing money, wasting time. You need to do a lot to release your account. Sometimes it is in vain, and then entrepreneurs go to the Chamber.
Thus, Shymkent advertising company "Spectrum" appealed to the Chamber for protection of its rights. The company received a notification on the results of the Company's in-house control. Tax body required to exclude from the offset VAT and CIT in settlements with a pseudo-enterprise.
The businessman presented to the tax authorities an explanation of disagreement with the abuses. In addition, he sent a complaint to the higher authorized body. All these actions were clearly to acknowledge the notification fulfilled. Despite this the tax body arrested tax accounts, thus violating tax laws.
The experts of RCE have found later: at the time of issuing the notification, the company with which "Spectrum" was careless enough to collaborate, was under pre-trial investigation, therefore, the final court decision on the recognition of it as a pseudo-enterprise was not issued.
"If there was a final decision in the criminal case, which established that the crime took place, the notification would have been legitimate - explains the expert of the Chamber of entrepreneurs Maya Isayeva. - In this case, the actions of the employees of the State Revenue Department of Abay district are illegal, and clearly demonstrate abuse of authority".
The Chamber of entrepreneurs appealed to the Department of State Revenue of SKO to take off an arrest of the account, but it was refused. After that, it applied to the regional prosecutor's office to take the action of prosecutor's response due to the illegal actions of tax authorities. The prosecutor's office confirmed the arguments of the experts of the Chamber about illegal actions of SRD and demanded to eliminate the violations. As a result, the arrest of the account was lifted.
"Spectrum – is one of the many businesses that have suffered from illegal actions of the tax bodies - said Maya Isayeva. - In fact, the topic of recognition of law-abiding businesses as a counterparty of a pseudo-enterprise is very relevant in SKR. The notifications of the State Revenue Department on the need to pay additional taxes causes a storm of indignation and protests among business. But entrepreneurs are experiencing big pressure that many think about paying. So, in case of illegal pressure from the government agencies please address the Chamber of entrepreneurs. If the business is right and law-abiding, nothing and no one should interfere with its work".
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