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суббота, 17 марта 2012 г.

"Innocent" mistake in the amount of 33 billion rubles!

The Russians will automatically write off taxes assessed in errorTax officers are prepared to write off 33 billion rubles of tax arrears that have accumulated over the population before January 1, 2009
We are talking about the transport, property and land tax. As reported on Wednesday, October 19, head of the Russian Federal Tax Service (FTS) Mikhail Mishustin, cancellation will relieve the tax system from useless and routine work.Multi-billion dollar sum kopilas more than a decade. Federal Tax Guide explains this by saying that the tax authorities have no right to collect debts at the expiration of three years after their formation.Another reason - error in data transmission. Thus, according to the transport tax fiscals often try to take money for the car, which has long sold to new owners or are in the hijacking.- 33 billion rubles - the total debt, where only 18 billion rubles of vehicle tax - drew the attention of journalists Mikhail Mishustin.


A typical story. The car was gone. The owner of the "iron horse" refers to law enforcement authorities with a statement about the theft. But the traffic police continue to send payment orders to pay tax to the former owner of the car, because the information about the hijacking was lost between departments.To write off a debt, people were forced to resort to the courts. Now it will write off automatically. The bill agreed with the Finance Ministry, and most of all, with January 1, 2012, the entry into force.Recall, Prime Minister Vladimir Putin in late September, offered to write off arose because of errors the tax owed to the state. This problem affects 36 million Russians.
According to the materials KP.RU________________________________________________________________________________"Property tax: tax shortchanged millions of citizens"
  
11/18/2009CHP responds to questions Podberezkin Valentine, which the court was able to defend their right to pay property tax at the same rate
Source Russian Tax PortalValentine Podberezkin. Autobiography.Education: graduated from the Chelyabinsk Polytechnic Institute in 1985, I work all the time as a software engineer. The work is mainly related to accounting and tax reporting.Born and residing in the city of Chelyabinsk region Chrysostom.
This year, the Federal Tax Service began using a new method of calculating the tax on personal property - and as a result of its amount increased several times. Many have chosen the usual way for Russia: complain about the government, but paid. Valentine Podberezkin acted differently: she had studied law, she wrote the lawsuit, and was able to defend their interests. Here's how she managed.Heart of the matterValentine, like many citizens, the tax office sent a notice of payment of property tax for 2009 and the surcharge for 2008. The amount is much higher than the one before it is paid. The reason is that the property was in common ownership, and, according to the explanations of the Ministry of Finance, was to apply the tax rate set for the value of all property, not in proportion. But Valentine did not agree with the clearly illegal actions of tax officials, went to court and won. If the court decision came into force, then pay extra tax for 2008 and pay the increased tax in 2009 it will no longer need.- Please tell us right from the start: how do you get a notice of tax, for what amount? How much amount has increased - in comparison to last year?- Notifications, we (my husband and I) got in early August, before this time no information about the tax increase so much, I have not seen anywhere else. My first thought was: there was some mistake, this can not be. The tax rate was 0.5% instead of 0.15% I 0.09%, and instead of her husband. The assets have not increased, the law has not changed. My husband, however, is the garage went up from 23 thousand rubles. up to 145 thousand rubles. for the year is yet another of our problem, and so far unsolved. In general, the family tax increased by 4.5 times, while taking into account the allocation for 2008 - 7.3 times. The tax amount is very large, and because our family only has its own proprietary two-room apartment on the four members of the family garage, but for me half the flats decorated my parents. It's unbelievable!- Why did you decide to sue the IFTS?- I immediately started looking for information about changing the tax on the Internet. The first time came across only the responses of tax authorities, full of confidence, saying that it should be. And as angry statements shortchanged citizens and timid article in their defense. At first, I decided to try to write letters to various authorities. Appealed to the Prosecutor General of Russia in the program "Man and Law", the lawyers at the sites of free legal aid. The answer came only from the Attorney General, that my letter was forwarded to respond to the prosecutor of the Chelyabinsk region, and they have otfutbolili my letter to the prosecutor, the Chrysostom. It must be said, then in my letter had no legitimate reasons for violating my civil rights, only a statement of the injustice that occurred. Accordingly, the response I got from the local prosecutor's pathetic runaround - it obviously does not bother to study the materials on the subject. Prosecutors simply copied the contents of letters Ministry of Finance and the Federal Tax Service, with greater emphasis on the letter from the Ministry of Finance 21.04.2008 N 03-05-04-01/19. Although at the time of writing the answer, Ministry of Finance has already banned the use of this letter as a basis for a new method of calculating the tax, since it is not a regulatory document.The first useful information I found on your site, forum "Russian tax portal" discussed the illegality of the use of a new method of calculating the tax on property that is in common ownership. It also got me a link to another forum - a forum of the conference yurkluba. So I learned that the new method of calculating the tax violates articles of the Constitution, the Tax and Civil Code, and of the "Law on Tax on personal property," and that you can try to get justice in court. In addition, I have pushed this difficult financial situation in the family: wages have decreased because of the crisis, but we have to repay the loan and the fifth year pay tuition daughter in college. The final decision to go to court I took when I read about the first victory in the court of the citizen from Saratov. In its lawsuit, I demanded to cancel the allocation for the year 2008 and calculate the tax for 2009 by applying the tax rate in view of portions of the estate.- Who helped you in preparing a claim?- In the above sites, I found a sample of a lawsuit and a lot of useful material, including the advice of lawyers. At work and at home I have access to the Internet and the program "Consultant +", so I myself have carefully read the Tax and Civil Codes, all that has to do with my case. For me as a person whose work is related to the unique logic, it is clear that the truth is on our side. All explanations of the tax authorities are based on erroneous conclusions of the articles of the Law. After all, what they say - the law does not explicitly written. Striking lack of information in the media. With whom will the child Orbakaite, more than a month every day, is widely discussed in the press and even in the State Duma. And the fact that millions of people illegally shortchanged the tax authorities, not written almost nothing. Do not stood up for the violated rights of citizens nor the Prosecutor's Office of Russia, neither the president nor the prime minister. But it is believed that we live in a state of law.- Tell me, what arguments do you have relied in the preparation of the claim?- In the lawsuit, I pointed to the violation of my civil rights - laying on my duty surcharge tax paid for the full year 2008, payment of excessive amounts of tax for the year 2009. These actions violate the Constitution, Art. 3, 17, 38, 44, 45, 53, 54 of the Tax Code; st.209, 210, 249, 255 of the Civil Code, Article 1 paragraph 2 of the "Law on taxes on personal property."Since the first meeting took place in court almost a month after filing a lawsuit, I also filed a written explanation to the claim. In them, I drew the court's attention to the lack of tax authorities at least one regulatory document on the introduction of a new method of calculation, as well as add your own argument - applying to our case explained the Finance Ministry, the inspection staff to double-taxation of the same properties. We have three owners - three of the property, and in different variations. All three received a new method of tax bases are different, but include the whole the same objects. Inventory cost of the three objects 883 thousand rubles., And the total cost of the three of them received tax bases for different taxpayers 1 million 621 thousand rubles., Almost 2 times more. Similarly to the suit, I put a listing of all found on the subject of articles and court decisions have already been passed by this time the courts.- How was the trial? What counter-arguments have been put forward?- At the trial, I presented all its evidence, the approximate version of the defense lawyers was developed in our yurkluba. Drew the attention of the judges on the articles of the Tax and Civil Code, which had been violated by the tax authorities. The representative of the tax was based mainly on the arguments set out in the letter, the Ministry of Finance on 21.04.2008, while not pointing directly at him. Even at the preliminary meeting, she tried to give an example that the previous calculation of the infringed rights of those who have property to individual property. To which the judge asked her to ask the question: "And what exactly breaks, they have the same property more?". Also, a lawyer from the tax authorities tried to refer to the Regional Court's decision in which the disputed phrase "total inventory property" in determining the tax rate. But there is talk about shared ownership was not what I drew the attention of the court. No more arguments at the tax office was not, but her representative insisted: "We have read the law closely, we decided, we believe ...". She did not answer the question: "Who is" we ", in which the normative document it is written? '. Do not try to refute my evidence. She said that we must first count the full tax by applying the tax rate, and only then apply a share, for the allocation of amounts payable to a particular taxpayer.My objections boiled down to the correct determination of the tax base. Because the Tax Code, the rate applied to the tax base, as well as according to paragraph 2 of Article 1 of the "Law on the property tax," I confess my share of the taxpayer in proportion to the property in respect of other shares, I'm not even a taxpayer. It is therefore unacceptable in my tax base to include the value of shares not owned by me. This is also indicated, and art. 38 and 53 of the Tax Code. In addition, the Code does not provide further applied to the resulting amount of tax still some factors, including the allocated share. In our case, this calculation is physically impossible to implement, at all three sites of different taxpayers property. Tax Authority has in reality a tax on each object separately, and at the same rate by the new method applies for two full facilities, in addition, different for the same share of the same object for different taxpayers. Whether it is a madhouse!Judge no one argued, listened to our arguments, asked a few clarifying questions, retired for a decision. The decision is announced orally, "the plaintiff to satisfy the requirements in full." Written decision I do not have.
- Tell us about the consequences: will the tax authorities to challenge the decision?- I still do not know about it, probably will. In different cities, representatives of the tax authorities are behaving differently. For example, in Volgograd, without trial, they admitted the claim, in Novosibirsk, did not dispute the decision of the district court. In Saratov tax lost to the court of second instance, but said they would continue to appeal the decision further.
- Why did you decide to write to the Commissioner for Human Rights? Please tell us what she said to you?- On the Internet, I ran an article about what the Ombudsman of the Sverdlovsk region Merzlyakov TG questioned the legality of the use of a new method of calculating the tax and sent a request to the regional prosecutor's office in August 2009, but that's about what response was received I could not find anywhere else. Therefore, and wrote a letter to acquaint me with the answer to the prosecutor. I received an e-mail after the court by e-mail. It is written:"According to prosecutors, the recalculation of the tax on personal property for 2008 is made illegal, in violation of the Constitution, the Internal Revenue Code, the Law of the Russian Federation was 09.1991 № 2003-1« On Taxes on personal property "rather than unnecessarily on individuals with objects in the shared ownership tax charged on payment of the amounts of tax allocation for the property in 2008. "About the calculation of tax for 2009 was not written anything. I thanked him for his answer, and wrote that won the court on this issue. Just a few hours later I received another letter from the consultant Merzlyakova TG to provide them my material on the court. He wrote that "You have achieved what we have prosecutors can not be achieved with the month of August. I was on such precedents in the Sverdlovsk region is unknown. For your information: we are unable to apply to the court for an indefinite number of persons. Therefore, the prosecutor's office and asked that such a right endowed by the GIC. But ordinary people, unlike you, waiting. "In conclusion, I want to say that the tax on personal property, in my opinion - the most unfair tax. Our property does not bring us any income tax we pay in wages, which are already taxed income. The amount of tax calculated on the basis of the inventory value of the property, some strange way, which is virtually impossible to challenge, although often in reality it has nothing to do. So our relative for two-bedroom apartment in the provincial town of Chelyabinsk counted less taxes than we do for one share in a two-bedroom apartment. And the cost of an old garage turned out to be half the cost of a two-bedroom apartment.Last time we were afraid of the coming real estate tax, its general plan to be considered on the basis of market value. The amount of tax at the same time called simply breathtaking. Not rich owners will be unable to pay such a tax, and may lose his property. How can you prevent it? The President and the Prime Minister promised that for ordinary citizens tax increase is not significant. But I think they are very far from the people and can not imagine that even 3000 or 5000 rubles tax for us - it very much. And most importantly - it is not clear to us that such a punishment.
 
-------------------------------------------------- -------------What is says to us this fact illegal actions of tax authorities in respect of the citizens? Yes, all that the authorities there, and NO state. And to correct this situation are compelled to take of the citizens of the state bodies, as no lawyer Putin nor Medvedev that the lawyer is not engaged.In the illegal actions of such public bodies are covered and the origins of "legal nihilism" of what the citizens have repeatedly said the lawyer, Dmitry Medvedev, today President was talking about a lawyer and Putin, a former president, rather than to force officials to fulfill strictly the law is written in their The head of state to the citizens complained about the legal nihilism! On a personal note I will add that finally, after long delays, on the same claim, the illegal extra fees by the tax authorities of the property tax, on February 26th scheduled trial court in Chkalovsky city of Yekaterinburg.Let's see what the judges are different from Yekaterinburg Chelyabinsk, Novosibirsk and Samara.A small but significant phenomenon that characterizes the changes occurring in the country: the District Court is located in a former kindergarten, and it is in the city where the queue for places in kindergarten is about 20 000 children! Where grew the small country's citizens are now heard by the court. Let Gaidar, Chubais, Novodvorsky Latynina and write a thousand volumes of books to prove that their reforms were for the good of the country and yet the mere fact that there, where they played and grown children who now have no place in kindergarten, and now they are doing the court , upsets all their arguments outright and unconditionally._________________________________________________________So what does it write off debts of 33 billion rubles in tax accruals: the professionalism of employees of tax authorities, the pre-election "humanism" of Vladimir Putin, the imperfection of legislation or the concealment of crimes, achievements tax officials? The issue remains open ....

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