The entrepreneur can go bankrupt due to an error of the tax inspector
200 million tenge were accrued as a result of the tax audit of transfer pricing
This question was considered by the "Atameken" at the meeting of the Council on protection of the rights of entrepreneurs NCE RK. The victim - the director of "Iasi-Group" Yuri Kambarov shared his story.
"In 2014, the company got the act of completion of the tax audit on transfer pricing with accrual of additional 200 million tenge. The amount of additional charge is formed solely through the use of the source of market prices, inadequate to the supply market. According to a transfer law, there are five sources of market prices, which are separated by geography of delivery. That is for the Russian export market there is a Russian source. The company "Iasi groups" exported to Russia about 3,600 tons of cotton fiber in 2011. In their calculations, the company applied the approved Russian source. However, the tax inspector ignored this and applied Liverpool source "for the calculation of market prices” - he said.
Kambarov noted that thanks to the National Chamber, the General Prosecutor's Office and the prosecutor's office of SKO, there has been developed common methodology for applications in which all sources were divided by geography of delivery in order to exclude erroneous application. "However, despite of this, our question was not solved. Since 2014 we have visited the courtroom 7 times. Now the case is in the Supreme Court", - said the businessman.
"We are asking the Council to support us. The thing is extraordinary. There are about eight companies like us at the cotton market of SKR. Such errors bare a risk for the whole cotton business. Currently, our company is on the brink of bankruptcy”, - he said.
The Chairman of the Council Gani Kasymov, in turn, stressed the need to approach this issue carefully and to find a solution that will work for the future. "It is necessary to determine the exact pricing methodology. It is necessary to send an appeal to the State Revenue Committee of MF RK, the Ministry of Agriculture and the General Prosecutor's Office in order to develop a consensus on the issue. The question is very painful", - he said.
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