Modern businesses are increasingly faced with challenges in the field of tax regulation and the need to comply with legal requirements. This is especially true for financial institutions that carry out foreign exchange transactions. Recently, the law firm “Kasyanenko and Partners” successfully represented Alfa-Invest Group LLC in a tax dispute with the State Tax Service of Ukraine. This case highlights the importance of professional legal support for businesses when it is necessary to protecting tax rights and ensure fair treatment by regulatory authorities.
Background of the case: Dispute over a tax notification-decision
On May 20, 2024, the Kyiv District Administrative Court considered the administrative claim of Alfa-Invest Group LLC against the Main Directorate of the State Tax Service in Kyiv and the State Tax Service of Ukraine. The subject of the dispute was a tax notice-decision issued after an audit of the company, as a result of which significant financial sanctions were imposed. Alfa-Invest Group contested this decision, arguing that at the time of the audit the company was not subject to the relevant provisions of tax legislation.
Legal position: Grounds for challenging a tax decision
The main argument presented by the legal team of “Kasyanenko & Partners” was that Alfa-Invest Group LLC is a non-bank financial institution that carries out activities in the field of trading in foreign exchange assets on the basis of the relevant license of the National Bank of Ukraine. According to the law, such institutions are not required to comply with certain requirements applicable to banks or business entities that operate under agency agreements with banks. The lawyers referred to the laws of Ukraine “On Currency and Currency Transactions” and “On Payment Services”, providing evidence that the company is not a payment service provider and, accordingly, is not subject to a number of tax requirements.
Strategy protecting tax rights: Evidence Base and Legal Argumentation
The lawyers of “Kasyanenko and Partners” provided the court with a significant amount of evidence confirming the legality of the activities of Alfa-Invest Group LLC. They emphasized that the company acted exclusively within the framework of the license issued to it and is not subject to the rules intended for banks and bank agents. The lawyers emphasized that the erroneous application of such rules to the company by the regulatory authority is a violation of its rights. The court found the defense’s arguments justified, which allowed the law firm to achieve a successful outcome in the case.
Court decision: Positive result for Alfa-Invest Group
The Kyiv District Administrative Court partially satisfied the claims of Alfa-Invest Group LLC, recognizing the tax notice-decision of August 16, 2023 as illegal and canceling it. This decision allows the company to avoid unjustified financial losses and confirms the importance of high-quality legal support in tax disputes. The court also emphasized that the financial sanctions were applied by the regulatory authority without due grounds, which confirms the effectiveness of the legal strategy chosen by the law firm.
Conclusion: Kasyanenko & Partners Law Firm as a Reliable Partner in Tax Matters
Successful defense of the tax rights of Alfa-Invest Group LLC in this case emphasizes the high professional level of Kasyanenko & Partners Law Firm in handling tax disputes. This decision became an important precedent indicating the need for a balanced approach to tax regulation for financial institutions that are not payment service providers. Highly qualified legal assistance in tax matters provided the company with a fair result, which helps maintain the reputation and financial stability of the business.
The law firm “Kasyanenko and Partners” is ready to help any business that has encountered tax difficulties cancel a tax notice-decision, protecting tax rights and achieve a fair decision.
