The tax authorities had no right to charge VAT on the financial transactions and commission income of JSCB Concorde. However, since they are not held accountable for their mistakes, tax authorities can make mistakes to their heart's content anywhere and anytime, destroying businesses. This opinion was expressed by economic expert Yuriy Havrylechko in an exclusive commentary to UNN.
Concorde Bank shareholder Olena Sosedka saidthat the Central Interregional Department of the State Tax Service for Large Taxpayers is planning to consider tomorrow, January 25, the objections filed by the liquidator of Concorde Bank to the results of the tax audit, which illegally charged almost UAH 400 million in fines on the instructions of the head of the Verkhovna Rada Committee on Finance, Taxation and Customs Policy, Danylo Hetmantsev. In particular, according to her, the tax authorities, under pressure from Hetmantsev, decided to charge VAT on the bank's financial transactions and commission income, which are not subject to this tax under the law.
"According to the current legislation, VAT is not charged on financial transactions and commission income of the bank. They are not subject to value-added tax, that's a fact. However, according to the current legislation, the tax authorities do not bear any responsibility for their mistakes. And since they do not bear any responsibility for their mistakes - neither property nor any other - they can make mistakes to their heart's content, at any time and at any moment," Havrylechko said.
According to him, by doing so, the tax authorities are destroying working businesses and "finishing off" those that are already being liquidated.
"By the way, it is also difficult to prove any personal interest of a particular official in the liquidation of the bank. To say that it was done on purpose is quite problematic, out of the realm of the unrealistic. Nor is it possible to prove that the tax authorities deliberately charged millions in taxes. The answer to all this may be that it was a "mistake". But the tax authorities do not bear any responsibility for mistakes," the expert said.
He also added that, unlike other countries, Ukraine is currently blocking tax invoices, suspending VAT refunds and imposing fines on companies out of court.
"A civilized country differs from an uncivilized one in that any claims of the state against entrepreneurs and vice versa are resolved in a competitive process in court. And we don't have that. Therefore, in this sense, Ukraine is an uncivilized state and not even close to a civilized one, because the practice of resolving such disputes is out of court, and in this case, a state representative has privileges over business representatives. He can quite calmly, acting in accordance with his job description, block the company's activities based on his own suspicions, and that's all he has. And, accordingly, if this suspicion is not justified, at best, he will say: "I'm sorry, I made a mistake," and there will be no consequences for him," Havrylechko said.
He emphasized that Ukraine should introduce personal liability for such actions for tax officials.
Recall
A neighbor statedthat Hetmantsev also manually demanded that the DGF disclose bank secrecy to implement his criminal plans. She said that the team of Concord Bank is currently preparing an official appeal to the NABU regarding the illegal actions of the head of the Verkhovna Rada Tax Committee.
According to Sosiedka, the bank's owners are not going to remain silent and will fight for what is right. If necessary, they are ready to turn to law enforcement agencies - NABU, the Prosecutor's Office, and the State Bureau of Investigation - and demand legal decisions. The banker emphasized that the head of the Verkhovna Rada Tax Committee, hiding behind state interests, abuses power and official position and "destroys Ukrainian business with the hands of the tax authorities.