13770

21.01.2019

District Tax Administration returns erroneously paid funds to the enterprise 

Tax issues: Other issues Dnipropetrovs'k region

Subject of complaint: The State Tax Inspectorate in Sobornyi District of Dnipro City of the General Directorate of the SFS in Dnipropetrovsk Oblast (STI) 
Complaint in brief: On November 2, 2018, an engineering company from Dnipropetrovsk Oblast approached the Council. The Complainant could not return UAH 340 000 erroneously transferred to the SFS. 
In July, the company erred in favor of the SFS by accidentally paying an extra UAH 340 000. The Complainant appealed to the STI twice with a request to return funds to his account in the VAT electronic administration system (VAT EAS). The enterprise was redirected to the regional tax authority.The Complainant repeatedly called the tax authority trying to find out who was dealing with his issue, however, he was ignored. The Complainant was denied a refund for formal reasons. 
Alongside with the third application to the District STI the company sent a complaint to the Business Ombudsman Council. 
Actions taken: The Council’s investigator studied the case file and found that the Complainant had the right to a refund. He made sure that the SFS responses were likely formal and the tax authority did not explain what the company should do to return funds. Therefore, the investigator asked the STI and the regional SFS in writing to check the existence of an overpayment and, if it was confirmed, to return it promptly and in full. 
Result achieved: The Complainant’s appeal to the Council prompted the SFS to finally properly consider the company’s application. The tax authority, which did not contact the company just a few months ago, called the Complainant and invited him to the office to consider his case. The tax authority explained what exactly it was necessary to correct in the application to launch the overpayment refund process. In a week the Department of the State Treasury in Sobornyi District of Dnipro City returned funds to the enterprise in full. The case was closed successfully. 

Next case:: MEDT decides to drop sanctions against the company