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Reff & Associates obtains the first decision regarding tax interest with impact on the practice of national courts

Date: 10/23/2017
Reff & Associates, the law firm representing Deloitte Legal in Romania, obtains for the first time a decision of the Bucharest Court of Appeal that obliges the tax authority to pay interest for delay in a VAT reimbursement case, starting from the day immediately following the submission of the VAT return and until the actual repayment by the State of the amount in question.

"Exploiting the Constitutional Court's Decision no. 694/2015, we convinced the Bucharest Court of Appeal to grant our client interest of approximately EUR 1,000,000 starting with the first day of delay which is the day after the date of submission of the VAT return. It is for the first time when a court decides that interest must be calculated from the moment of submitting the VAT return and not after the 45 days period for settling the VAT return", said Andreea Artenie, Reff & Associates Partner and coordinator of the litigation practice.

It is an important precedent encouraged by the Constitutional Court’s Decision no. 694/2015, stating that "the public authorities involved, including the courts, are called upon to interpret and enforce this law with the effects of this decision on the moment from which fiscal interests are granted".

"It was our responsibility to convince the first instance court to grant our client interest from the first day of delay. We are proud of this success which is likely to change the national court approach and the actual national unitary practice," said Andreea Artenie.

The project team at Reff & Associates included Ionuţ Iablonschi, managing associate, Reff & and Adelina Somoiag, senior associate in the litigation practice, supported by Ileana Popescu, manager indirect taxes Deloitte Romania.

Wth a team of 73 lawyers, Reff & Associates is one of largest law firms in Romania and one of the most dynamic in advising clients in complex projects of M&A, real estate, financing and loans portfolio.

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Reff & Associates SCA is a law firm member of Bucharest Bar, independent in accordance with the Bar rules and represents Deloitte Legal in Romania. The firm counts 73 lawyers and is recognized both locally and internationally as one the top law firms in real estate, banking & securities and mergers and acquisitions. Deloitte Legal means the legal practices of Deloitte Touche Tohmatsu Limited member firms or their affiliates that provide legal services, which currently counts over 1,800 lawyers in 75 countries. For more information please see www.reff-associates.ro


© 2017. For further details please contact Reff & Associates SCA

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