68063

13.11.2024

Refund of overpaid customs payments: A case of successful business rights protection

Customs issues: Valuation Volynska region

A company engaged in importing goods received six decisions from the Volyn Customs Office regarding the adjustment of goods’ customs value, totaling almost UAH 1 mn. The company filed two applications for the refund of overpaid customs payments. The first time, in June 2024, the customs office refused to do the refund, arguing that the company had a tax debt. In August 2024, the enterprise submitted a repeated application, adding a certificate confirming the absence of tax arrears, but the refund did not occur.

Prior to this, the company had consistently challenged each of the customs office’s decisions in court. At the end of November 2023, the court recognized these decisions as illegal and canceled them. However, the customs authorities delayed to return the overpaid funds.

After a long wait, the company turned to the Business Ombudsman Council. The Council thoroughly studied the case materials and prepared written appeals to the customs office. In September 2024, the Council’s investigators sent a letter to the customs service, emphasizing the need to comply with current legislation.

As a result, the customs office finally initiated the fund process and sent conclusions to the State Treasury for UAH 217k. In September 2024, the company confirmed the crediting of these funds to its account.

 

 

Next case:: The Tax Office successfully cancels UAH 39 mn of additional payments charged to a company