Yes for Business!
The error, which was committed by the state official, almost led to the bankruptcy of an entrepreneur
The experts of the Chamber of Entrepreneurs of Atyrau region helped to save the business.
In 2013, an individual entrepreneur Akylbek Tynshimov from Zhylyoi district of Atyrau region won a grant in the amount of 3 million tenge for opening of a workshop for production of bottled water. Later, he bought equipment from Russia worth 3 million 900 thousand tenge. The sponsor helped to pay the remaining amount.
After the import of equipment, a Kazakhstani businessman appealed to the management of state revenues department of Zhylyoi district to pay VAT. The representative of the agency's Aybobek Kurmanov reported that according to Art. 255 paragraph 10 of the Tax Code of the Republic of Kazakhstan, he is exempt from value added tax and accepted his statement, marking it "concession". In case of no concessions, the businessman planned to abandon the import of equipment and, consequently, its project, as he was unable to cover the additional expenses.
Meanwhile, the State Revenue Department confirmed that the concession was granted. This is confirmed by the adoption of a declaration signed by the officials and the absence of any claims during the year, assured the businessman the employee of the state agency.
However, after one year the State Revenue Department of Zhylyoi district sent to Akylbek Tynshimov a request for payment of VAT in the amount of 470 thousand tenge for import of equipment, effectively canceling the previously granted exemptions. This businessman has been exposed to a penalty of 50% of the amount of VAT, that is 235 000 tenge for the outstanding debt within the specified period.
As a result of repeated requests, both in writing and orally, the Chamber of Entrepreneurs of Atyrau region has succeeded in proving the error of a state official of the State Revenue Department of Atyrau region and the parties agreed that the issue will be resolved in favor of the entrepreneur.
But the story is not over. According to the agreement, the businessman himself had to pay VAT, and the state official was required to repay penalty, at whose fault suffered Akylbek Tynshimov. It took another six months, and the question was still left open. During this time, besides the fine, the penalty has been calculated, and the accounts of the entrepreneur were arrested.
The problem of the entrepreneur was set only when the Chamber of Entrepreneurs of Atyrau region reviewed the issue at a round table, held with participation of the National Chamber of Entrepreneurs "Atameken", the Ministry of Finance and State Revenue Department of Atyrau region. The penalty and the fine were repaid by the state official, she was subject to disciplinary punishment as well. The businessman plans to continue the implementation of his project.
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