Subject of Dispute: Energy Plus LLC attempted to obtain a VAT budget refund in the amount of 9,686,612 hryvnias.
Main Arguments of the Court: The court established that the real estate purchase and sale agreements, based on which the Company formed a tax credit, were declared invalid by the economic court’s decision. According to the Tax Code, in the event of transactions being declared invalid, the taxpayer is obligated to adjust the tax credit amounts. Therefore, at the time of appealing to the court, the Company no longer had the right to receive a budget refund.
Court Decision: The Supreme Court left the Company’s cassation appeal unsatisfied and supported the administrative appellate court’s decision to refuse budget refund recovery.
