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Egorov Puginsky Afanasiev & Partners Ukraine successfully represented Johnson Controls Ukraine before the Higher Administrative Court of Ukraine
Egorov Puginsky Afanasiev & Partners,
Kyiv, Ukraine, Tue, Dec 23, 2014
Egorov Puginsky Afanasiev & Partners Ukraine successfully represented Johnsons ControlsUkraine, a part of Johnson Controls Group, in a taxdispute. Tax authorities took the company to trial, seeking anadditional UAH 3 million in value-added tax in connection with thecorporate reorganization.
Earlier, in 2013, EPAP Ukraine team defended Johnsons Controls inthe Kyiv Administrative Court of Appeal. Thus, the firm’s team hasprotected the client’s interests in courts of appeal and cassation. The Higher Administrative Court of Ukraine satisfied the claims of Johnsons Controls Ukraine and fully upheld thecompany's position that the transfer of assets in the reorganization processcannot be considered as part of the aggregate gross assets, according toarticle 3.2.8 of the Law of Ukraine “On The Value Added Tax”. The Law precludes accrual of tax liabilitiesfor VAT in accordance with article 7.4.1 of the Act.
JohnsonControls is a global diversified technologyand industrial leader serving customers in more than 150 countries. Company’s 170,000 employees create qualityproducts, services and solutions to optimize energy and operationalefficiencies of buildings; lead-acid automotive batteries and advancedbatteries for hybrid and electric vehicles; and interior systems for automobiles.
The client was represented by Senior Associates Oleksandr Maydanyk andArsen Miliutin.