Tax on the past will fight
Energy intend to convince the judges not to take decisions in favor of tax authorities on the taxation of excessive losses in electricity networks.
Energy Association of Ukraine appealed to the chairman of the Supreme Court of Ukraine Vasyl Onopenko with a proposal to hold a workshop between industry experts and MAT. As President of the Energy Association of Basil Kolko, purpose of the meeting is to find ways to rectify the legal errors made by the Supreme Court in making decisions on the three energy supplier, in which the MAT agreed with the position of bodies of State Tax Administration regarding the illegality of the assignment of excessive losses to the total costs of electricity power companies.
As a result, making the company APU JSC Zaporozheenergo and Volynoblenergo, as well as Kyivenergo have to pay income tax and VAT on the cost of excessive power losses in previous years, as well as fines and penalties for late payment of those taxes. The total amount of claims for the three power companies exceeded 1 billion UAH.
It follows, in particular, from the decision of MAT on August 1, 2009 for the company Kyivenergo, "the inclusion in gross expenditures of the cost of electricity, which is not used in business is wrong, if the company did not confirm the sale This electricity to consumers. "
According to engineering similar to the reasoning of the court seems absurd, because the amount expended in the process of transporting electricity can not be anyone to sell, or fix the very fact of its sale of energy meters. How to find the representatives of one of Ukrainian consulting companies, VSU decision contrary to the law on enterprise income tax, while they themselves are not excessive losses and may not be the subject of accounting.
Currently, the problem of excessive losses of electricity, which are divided into technological and commercial, power companies in virtually solved. For example, since 2001 the overall cost of electricity in the Ukrainian electricity supply has fallen from 21% to 12-13% in 2009 Thus far the loss of electricity below the standard value of almost half the energy supplying companies.
But the problem is that1000tax authorities have addressed their complaints to the companies for excessive losses of electricity in previous years.
"If you continue to check the energy companies and a Supreme Court similar solutions for other companies, the amount of additional claims could reach several billion UAH. Moreover, this practice could spread to all sectors of the national economy. Given that the Supreme Court took these decisions without attract specialists and experts in the energy sector, which own issues in this contentious issue, we turned to the chairman of the Supreme Court to hold a meeting on this issue, "- said Kolko.
In addition, the Energy Association, together with the concern and the company DTEK A. ES Ukraine "initiates an industry seminar on February 11 this year with a view to forming a clear position of power companies in the tax area.
If voting power engineers will be heard, power companies will be in a rather difficult situation. The fact that the energy supplier, as natural monopolies, operating in regulated tariffs for transmission and supply of electricity approved by NERC, and therefore all costs are strictly regulated energy suppliers. Thus, funds for additional payments to be reduced can be recovered directly from tariff themselves on the transfer and delivery, which can only lead to a reduction in investment programs and operational costs and reduce employees" salaries in power companies, with all possible consequences for consumers.
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