The court sided with the car owner in the issue of additional assessment of recycling tax

The Aksai District Court of the Rostov Region resolved an important dispute between a woman who brought a new locally assembled car from Kazakhstan, paying 844.8 thousand rubles in a recycling fee. However, Rostov customs assessed an additional 1.18 million rubles in fees and 397 thousand rubles in penalties.

Customs officials were confident that the final payment should be made according to a compensation formula that takes into account the difference in customs duties, VAT and excise taxes between Russia and Kazakhstan.

The court ruled: at the time of calculating the recycling fee, citizen T. did not have a customs declaration, information from which is necessary to calculate the amount of the recycling fee according to the compensation formula.

Guided by information from the Vehicle Passport, the Russian woman believed in good faith that the car was manufactured in the Republic of Kazakhstan and is a product of the Eurasian Economic Union, which cancels the obligation to pay the recycling fee according to the compensation formula.

Based on these data, the requirements for additional assessment of the disposal fee were rejected by the court, but this decision can be appealed to a higher court.

Previously, the Ministry of Industry and Trade officially planned to introduce a unified formula for calculating the recycling fee for cars imported from the EAEU countries from April 1 (in addition to the Russian Federation, it includes Belarus, Kazakhstan, Kyrgyzstan and Armenia).

Later, the ministry lifted the initial deadline of April 1, thereby leaving the market in limbo – the barrier can be lowered at any time. This immediately caused a revival in the market for alternative imports.

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