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13 october 2022

The Arbitration Court of the Republic of Tatarstan delivered a judgement in favor of our client

We are happy to share good news! We received a judgment in the dispute where we prepared a defense position for the Defendant.

The Arbitration Court of the Republic of Tatarstan supported the argument developed by us and delivered a judgement in favor of our client.

The Plaintiff filed a claim to recover from the Respondent the amount of taxes that were paid by the Plaintiff (a resident of the Russian Federation) from the remuneration of the Defendant (a resident of the Republic of Belarus) to the budget of the Russian Federation as a result of the performance.

At first glance, it seemed that the amount of taxes paid to the budget should be recovered.

But we found a legal ground that allowed us to protect the interests of our client – the Defendant.

Plaintiff's claims came down to the fact that the Defendant had to return the amount of taxes to the Plaintiff after receiving his remuneration under the contract considering it as unjust enrichment. So the latter could pay it to the budget of the Russian Federation.

We argued that our client's actions were legitimate - it received the amount of remuneration under the contract and the contract did not provide for the obligation to return part of the money back. And this excludes the possibility of qualifying the amount of taxes as unjust enrichment. We said that the payment of taxes to the budget by the Plaintiff was a fulfillment by of its duty, but did not indicate any illegal actions on the Defendant’s part.

The court came to the same conclusion and said that "tax withholding during payment of remuneration was the Plaintiff’s responsibility and the fulfillment of the obligation does not entail the occurrence of unjust enrichment by the Defendant".

The claim was dismissed in full and our client saved more than 5 million Russian rubles with our help!