OREANDA-NEWS. August 28, 2008. The Arbitration Court of Moscow granted the petition of Rosenergoatom Concern not to consider its appeal against the decision made by the Inter-Regional Inspection (IRS) of the Federal Tax Service of Russia (FTS) on Feb 22 2008 to make the Concern responsible for failing to pay tax on the profit earned from its negative price imbalance and unified social tax on the money transferred to the joint account in the non-governmental pension fund.  

The petition followed the decision made by the FTS on July 18 2008 on the basis of the Concern’s appeal. Since the FTS has cancelled the IRS’s 1,299,492,821 RUR tax claims against Rosenergoatom Concern and its consequent fines worth 364,168,141 RUR, the Concern has decided to ask the Arbitration Court to neglect its earlier appeal.

The FTS’s decision says that the appellant (Rosenergoatom Concern) calculated its profit in line with the accounting rules and the tax laws of the Russian Federation. Hence, the FTS has dismissed the conclusion of the IRS that Rosenergoatom Concern failed to include the price imbalance in its revenues from the sale of electricity on the federal wholesale market and understated its profit tax by 4,721,606,089 RUR. 

The FTS’s decision also says that, according to point 15 of article 255 of the Tax Code of the Russian Federation, the money transferred by Rosenergoatom Concern to the joint account of the non-governmental pension fund do not reduce the profit tax base. Hence, they are not subject to unified social tax. So, the conclusion of the IRI that the Concern failed to pay 96,307,600 RUR in unified social tax is groundless.

The Arbitration Court has decided to stop the proceedings.

Thus, two claims against Rosenergoatom Concern worth a total of 1,593,660,962 RUR have been dismissed. The remaining seven claims to impose 64,650,503 RUR fines on the Concern and appealed against by the latter are still in court.