After an audit conducted by Moscow Region Tax Service, the decision of the interdistrict tax authority to suspend transactions on the accounts of a legal entity was canceled.
Instructions to write off funds from the accounts of the Limited Liability Company were withdrawn.
This was announced by the Commissioner for the Protection of the Rights of Entrepreneurs in the Moscow Region Vladimir Golovnev, after receiving an official notification of the results of the audit carried out at the request of the Shatura businessman.
The Moscow Region Business Ombudsman received an appeal from a LLC with a complaint about the actions of the Interdistrict tax office. It follows from the appeal that due to non-payment of the social payments required for 6 months of 2020, the Company has a debt.
In October of this year, in connection with the failure to meet the deadline for the payment of social payments by the Interdistrict Tax Service, a decision was made to suspend operations on the Company's accounts with the bank and enforce the collection of funds in the taxpayer's accounts for a total amount of more than 1 million rubles.
In addition, at the end of October, the local inspectorate made a decision to collect taxes, fees, insurance premiums, penalties, fines and interest at the expense of the property of the Limited Liability Company.
In addition, at the end of October, the local inspectors made a decision to collect taxes, fees, insurance premiums, penalties, fines and interest at the expense of the property of the Limited Liability Company.
“The fact is that, according to the requirements of the legislation, the tax authority has the right to proceed to collecting tax at the expense of other property of the taxpayer only after taking appropriate measures to collect tax at the expense of the taxpayer's funds. In this case, two methods of undisputed debt collection were applied to the Company simultaneously, which ultimately led to excessive collection of tax payments and created inconveniences for the business of the legal entity, ”Vladimir Golovnev specified the details.
The Business Ombudsman appealed to the Federal Tax Service of Russia for the Moscow Region region in order to understand this situation in detail. As a result of the audit, the decisions of the Interdistrict office for to the Company were declared illegal. Instructions to write off funds from the Company's accounts were withdrawn. In addition, in November of this year, the tax service sent a clarification to the resolution on the collection of tax fees, penalties, fines and interest at the expense of the Company's property, indicating zero debt, to the district bailiffs office.
“In order to avoid the described situation, which especially seriously affects the conduct of business and its reputation during the coronavirus pandemic, it is imperative to develop communications between business, authorities and supervision authorities at the municipal level. In such cases, an informal approach and a sensitive attitude towards business, which creates jobs and develops in remote municipalities of the Moscow Region, are very important. Our public receptions are capable of solving a variety of tasks and are always open for dialogue", concluded the Business Ombudsman of the Moscow region.
