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Arzinger attorneys defended CEETRUS in a VAT refund dispute worth upwards of UAH 53 million

22/ 11/ 2021
  Arzingers Tax litigation team successfully represented CEETRUS UKRAINE in court to appeal against the tax notification-decision denying the Client a VAT refund of over UAH 53 million. With the well-developed and efficiently implemented defence strategy, the courts of all three instances supported the arguments of Arzinger attorneys on the lack of tax law violations regarding three episodes: Failure to comply with the chronology principle in forming the negative value of VAT. Subleasing leased property along with the relevant compensation for utility payments. Technical errors in filling in annexes to the VAT return. In addition, Arzinger attorneys ensured that the Client really received the total VAT refund. The project was handled by the team comprised of Marta Orlenko, CEETRUS UKRAINEs lawyer, attorney-at-law, Ph.D., Nikita Larionov, Senior Associate at Arzinger, attorney-at-law, and Kseniia Dobrieva, Junior Associate at Arzinger, under the general supervision of Timur Bondaryev, Arzingers Managing Partner, attorney-at-law, and Kateryna Gupalo, Partner at Arzinger, attorney-at-law. For reference: Established in 1976, CEETRUS is a global real-estate actor that owns and manages 300 shopping centres in 10 countries of Europe. CEETRUS UKRAINE (known as IMMOCHAN UKRAINE until August 2018) manages seven shopping galleries in Ukraine, operating as part of AUCHAN Shopping Mall in Kyiv and Lviv, AUCHAN RIVE GAUCHE Shopping Mall, and Retail Park Petrivka in Kyiv.

Arzinger’s Tax litigation team successfully represented CEETRUS UKRAINE in court to appeal against the tax notification-decision denying the Client a VAT refund of over UAH 53 million.

With the well-developed and efficiently implemented defence strategy, the courts of all three instances supported the arguments of Arzinger attorneys on the lack of tax law violations regarding three episodes:

  • Failure to comply with the chronology principle in forming the negative value of VAT.
  • Subleasing leased property along with the relevant compensation for utility payments.
  • Technical errors in filling in annexes to the VAT return.

In addition, Arzinger attorneys ensured that the Client really received the total VAT refund.

The project was handled by the team comprised of Marta Orlenko, CEETRUS UKRAINE’s lawyer, attorney-at-law, Ph.D., Nikita Larionov, Senior Associate at Arzinger, attorney-at-law, and Kseniia Dobrieva, Junior Associate at Arzinger, under the general supervision of Timur Bondaryev, Arzinger’s Managing Partner, attorney-at-law, and Kateryna Gupalo, Partner at Arzinger, attorney-at-law.

For reference: Established in 1976, CEETRUS is a global real-estate actor that owns and manages 300 shopping centres in 10 countries of Europe.

CEETRUS UKRAINE (known as IMMOCHAN UKRAINE until August 2018) manages seven shopping galleries in Ukraine, operating as part of AUCHAN Shopping Mall in Kyiv and Lviv, AUCHAN RIVE GAUCHE Shopping Mall, and Retail Park Petrivka in Kyiv.

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