The law confirms that a taxpayer’s expenses should be related to the matter of their business and not just to a
profit in a certain period. Getting loses is not illegal; costs must be focused on generating revenues, but there is no
company which knows for sure what and how it should do to get profit. Courts add that the tax authorities are
required only to monitor law compliance in accordance to Articles 30 to 33 of Russian Tax Code, but not to value
their activities from their personal point of view. Anyone can make a mistake (see decisions of Federal Commercial
Court of the Central District on 09.02.2010 No. A14-14803/2008/500/24, Federal Commercial Court of the North
Caucasus District on 02.03.2010 No. A32-26302/2008-63/376, Federal Commercial Court of the Moscow District on
19.01.2009 No. KA-A40/12832-08, etc.).
Decision of the Constitutional Court of the Russian Federation on 04.06.2007 No. 320-O-ɉ says, "The
reasonableness of costs must be analyzed under circumstances that give evidence of taxpayer’s intentions to receive
economic benefit from a real business.
The law confirms that a taxpayer’s expenses should be related to the matter of their business and not just to aprofit in a certain period. Getting loses is not illegal; costs must be focused on generating revenues, but there is nocompany which knows for sure what and how it should do to get profit. Courts add that the tax authorities arerequired only to monitor law compliance in accordance to Articles 30 to 33 of Russian Tax Code, but not to valuetheir activities from their personal point of view. Anyone can make a mistake (see decisions of Federal CommercialCourt of the Central District on 09.02.2010 No. A14-14803/2008/500/24, Federal Commercial Court of the NorthCaucasus District on 02.03.2010 No. A32-26302/2008-63/376, Federal Commercial Court of the Moscow District on19.01.2009 No. KA-A40/12832-08, etc.).Decision of the Constitutional Court of the Russian Federation on 04.06.2007 No. 320-O-ɉ says, "Thereasonableness of costs must be analyzed under circumstances that give evidence of taxpayer’s intentions to receiveeconomic benefit from a real business.
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