The Commissioner for the Protection of the Rights of Entrepreneurs in the Moscow Region Vladimir Golovnev was approached by the head of an enterprise engaged in the repair and maintenance of household appliances in the Khimki city district.

. Due to the illegal actions of the tax inspectorate, the company not only lost the measures of state support due to it by law, but also its activities were paralyzed – the settlement accounts of the organization were blocked.

For 27 years, the main activity of the enterprise from Khimki was the repair of household appliances. From the moment of its foundation to this day, the declared OKVED has not changed. During the pandemic, an organization that is a subject of SMEs from the affected sectors of the economy was entitled to receive subsidies and to write off taxes according to the Decree of the Government of the Russian Federation No. 576 of 04/24/2020. Having sent a corresponding application to the tax inspectorate, a refusal was received. The justification stated that according to the Interdistrict Federal Tax Service No. 13, the company did not have the main OKVED code in the Unified State Register of Legal Entities.

In addition, the organization was issued demands for the payment of taxes with penalties and fines and operations on taxpayer accounts were suspended.

The long correspondence of the director of the enterprise with the tax authorities did not lead to a successful consideration of the issue, then the head of the LLC turned to the Commissioner for the Protection of the Rights of Entrepreneurs in the Moscow Region, Vladimir Golovnev, to protect his rights and legitimate interests.

Having studied the applicant's arguments, the Business Ombudsman instructed the head of the public reception in the Khimki city district Andrey Tsenterov, to investigate the circumstances of the case.

Following negotiations with the management of the tax inspectorate and sending the entrepreneur's complaint to a higher tax authority, the head of the reception office found that the cause of the problem was a technical failure in the database of the Interdistrict Federal Tax Service, as a result of which the OKVED of the organization ceased to be displayed when creating an extract from the database.

Despite this, the inspection staff did not take any action to eliminate the error, which subsequently led to the refusal to grant a subsidy and subsequent additional taxes, which the organization could count on to write off.

As a result of the work carried out, the technical error was eliminated, the claims for payment of taxes were recognized as illegal and canceled, the arrest from the company's settlement account was removed, the applicant's rights were restored.