Is it possible to form tax credit through transactions with fictitious counterparties?
Published: | 01.09.2017 | news
The leading tax lawyer of the Finance Business Service, Rolan Bondarets, gave an interview to the First Business TV Channel on the topic “Fictitious counterparty and tax credit”. The conversation was devoted to a topical, but at the same time, debatable and ambiguous matter: if the enterprise has the right to form a tax credit through economic transactions conducted with the counterparties that are subsequently admitted fictitious. The examples from real court practice were considered: Rolan Bondarets cited the conclusions of the highest courts of Ukraine, compared the current positions of the Supreme Court of Ukraine and the ECHR, and also expressed his personal opinion on this issue. At the end of the interview, the expert told the entrepreneurs about the practical recommendations how to independently check domestic and international counterparties for the signs of “fictitiousness”.