225 million of unpaid taxes are demanded from Zhambyl businessmen

After the recognition of the operator of petroleum products in the southern regions as a pseudo-entrepreneur, the businessmen of Zhambyl, Almaty and South Kazakhstan regions have to pay VAT in the amount of millions of tenge.

The Chamber of Entrepreneurs of Zhambyl region intends to protect their rights.

"Ambulances" in the districts of Zhambyl region can be left without fuel and lubricants, as well as regional and state institutions, farms and many others. Businessmen in the region, selling fuel, recently received a notification about the unexpected "debt" in the millions of tenge, which they have to pay within a month. Otherwise - the arrest of accounts, cash registers and sealed suspension of business activity. Businessmen have addressed to the Chamber of Entrepreneurs of Zhambyl region, where the issue was discussed at the session of the Council on the protection of the rights of entrepreneurs.

As it was explained by the Deputy Director of the Chamber of Entrepreneurs of Zhambyl region on Legal Affairs Kairat Sydykov, the Chamber received a collective appeal from businessmen, selling fuel. In 2011-2013, LLP “Alma Oil an ENERGY” and “GIS Solution + Consulting Almaty”, the head of which was Evgeny Minakov, were the operators of the supply of petroleum products to Zhambyl companies. According to the Protocol of the meeting on the supply of the domestic market with oil products, the Ministry of Energy and Mineral Resources of the Republic of Kazakhstan has defined these companies as operators, therefore, Zhambyl companies signed with it contracts for the supply of fuel.

By the sentence of Almaly district court in December 2015 Eugen Minakov was  recognized as a pdeudoentrepreneur, and on the basis of the verdict, state revenue authorities sent to counterparties of pseudo-entrepreneur a notice on elimination of breaches, which demanded to exclude from the offset amount of VAT on transactions with pseudo-entrepreneur. As a result, 22 companies of the region have to pay more than 225 million tenge of VAT and CIT.

"Those who disagree with exposed notifications have addressed to us, - said Kairat Sydykov. - Nonsense is the fact that entrepreneurs were working with a company that was appointed by the state. We believe that the sentence was imposed prematurely, without examining the arguments of our entrepreneurs, they were not even invited as witnesses in a criminal case. Our entrepreneurs worked honestly with the company and did not assume that it operates in violation of the law. The delivery of goods is carried out on the basis of contracts concluded with the provision of all necessary documents. To protect their rights by proving the validity of transactions, entrepreneurs could only during the preliminary investigation and trial. However, during the investigation of the factual circumstances of relations with counterparties, they have not been studied. The documents confirming the legality of performed operations were not investigated. Violating the principles of due process, the authorities did not recognize counterparties of the pseudo-entrepreneur as victims during the pre-trial investigation victims, thus, committed substantial violations of the constitutional right in terms of protection of business entities".

Now entrepreneurs have only a month to pay taxes, otherwise their business activities can be suspended.

"If the arrests will take place, they won’t be able to fulfill their obligations on supply of the region with petrol. And now the spring-field campaign is in full swing, - says Esey Muhiev, the founder of LLP "Taraz Petrol Service". - I can not imagine what will happen in the region, if the accounts of all the companies are arrested. Prosecutor General's Office should intervene in this resonant case if the state does not give them time and an opportunity to protect their rights and do not know what will happen".

"None of us was invited to the court hearing, we do not even know that it took place, - says entrepreneur of Korday district Tatyana Klimova, the founder of LLP "Elemir". - If nothing is done, 600 consumers will not receive fuel in our area, including "Ambulances", the district akimat. Without our lubricants the construction of the international road Western Europe-Western China will stop ... "

After considering the issues at the meeting of the Council on protection of the rights of entrepreneurs, it was decided to appeal to the Prosecutor General.

"We have adopted a resolution - to initiate a letter to the Prosecutor General on making a protest to the verdict of the court, or to cancel or to re-qualify actions of this pseudo-entrepreneurship. In parallel, we have proposed to make a complaint with an explanation of the circumstances of the case to the tax authorities for deferral of collection of fines from entrepreneurs until complete and thorough examination of all the circumstances of the case", - concluded Kairat Sydykov.