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The judges ruled that in the dispute between the financier of the FCSB and ANAF, the inspectors have every right to take the money that was requested long ago.
More precisely, Becali is in process with ANAF (Ilfov County Administration and with the General Complaint Resolution Directorate), requesting the partial annulment of tax decision n. IFG-AIF nº 3494 / 06.19.2018 on the main tax obligations related to the differences in tax bases established within the tax inspections of natural persons.
How much is it, in fact?
At stake is the amount of 2,710,252 lei, which represents the VAT to be reimbursed for the period prior to December 2011, rejected for reimbursement by the tax inspection, on the grounds that the related period would be prescribed, says justnews.ro.
In the motivation of the request, Becali alleges that the opinion of the fiscal control bodies is not correct, in the sense that it had prescribed the right of the plaintiff to request the refund of the amount of 2,710,252 lei, which represents VAT to be reimbursed for the period prior to December 2011. The date of 02.27.2017 would not have met the 5-year statute of limitations in which the plaintiff could request the reimbursement of this tax claim.
Gigi Becali states that the suspension of the limitation period operated until 02.26.2016 and, after registration for VAT purposes, the taxpayer kept his previous VAT code, as would have resulted from the query made on the ANAF website 07/19 .2018 on the taxpayer Becali George. The billionaire believes that ANAF incorrectly included in the calculation of the statute of limitations and the period in which the course of the term was suspended.
However, the Ilfov Court ruled in favor of ANAF, considering that the date on which the statute of limitations expires (the date from which the taxpayer is no longer entitled to a VAT refund) was correctly calculated by the tax authorities as 12/31/2016.
Or, in this case, the taxpayer requested the refund of VAT corresponding to the periods prior to 12/01/2011 through the return presented on 02/27/2017 (presented, therefore, to the tax authorities after 12/31/2016)
