Ukraine Fuel Storage Contract: Protection from Accrued Excise Tax
· WOWERI
A fuel storage contract can protect against accrued excise tax if ownership rights are not transferred. The Supreme Court has defined the boundary between storage and realization.
Ukraine Fuel Storage Contract: Protection from Accrued Excise Tax
A fuel storage contract can protect against accrued excise tax if ownership rights are not transferred. The Supreme Court of Ukraine has defined the boundary between storage and realization, which is crucial for understanding the terms of a fuel storage contract.
Supreme Court Defines Boundary Between Storage and Realization
The Supreme Court has determined that fuel storage is considered warehousing if it is carried out without transferring ownership rights. In this case, a fuel storage contract can be concluded between the fuel owner and the warehousing party without transferring ownership rights.
Burden of Proof
The Supreme Court has also determined that the burden of proof lies with the party that claims the fuel storage contract was not concluded or that ownership rights were transferred. This means that if the fuel owner claims a fuel storage contract was concluded, they must provide evidence of this.
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Source: biz.ligazakon.net