Court declares illegality of accruing UAH 500 mln of fine on Energoatom for late payment of tax
The sixth administrative court of appeals has confirmed a ruling of the court of lower instance and declared invalid accruing a UAH 500.3 million fine on National Nuclear Generating Company Energoatom by the Office of Large Taxpayers for late payment of profit tax, the press service of Energoatom has reported.
The Office of Large Taxpayers in January 2017 notified Energoatom about accruing the UAH 585 million fine for late payment of tax, which was automatically calculated by the Tax Block system after reflection of the financial obligation of UAH 1.269 billion after the paper inspection.
Energoatom said that the provisions of the Tax Code and any other requirements of legal acts do not determine any methods for automated accruing fine for late payment of tax.
According to the court ruling, the automated calculation of the fine is illegal and not in line with current legislation.
"Thus, this court decision can be the first step to correct the consequences of the tax penalty procedure," Energoatom said.
According to calculations by Energoatom's specialists, justified and compliant with the requirements of the legislation, there can only be a difference between the indicated (UAH 585 million and UAH 500.5 million) values of the penalty calculated by the parties – in the amount of UAH 84.7 million.
Energoatom is the operator of all four Ukrainian-based operating nuclear power plants, which have 15 VVER reactors with an overall generating capacity of 13.835 gigawatts.