A Russian company naming “OJSC RN Holding (OJSC)” has submitted adjusted tax returns for June, August and December 2009 to the tax authority and claimed a reduction of the excise tax liability paid upon excise good’s importation to Russia. During December 2012, the tax authority issued a decision to carry out a tax audit of the submitted adjusted tax returns. OJSC filed an appeal to the Lower Arbitration Court and it didn’t uphold the claim of the taxpayer. The taxpayer has filed an appeal with the FAC. The Federal Arbitration Court (FAC) has made decision on 11th November 2014 in its Resolution No. A40-54040 that the statute of limitations for tax audits should not apply to cases in which a taxpayer files adjusted tax returns regarding earlier periods, given that the adjusted amount of tax is less than the amount previously announced.
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