Seven Court Cases on Medical Devices against Russian Customs

As it is known, amendments to the Russian Tax Code in November 2013 have not fully clarified applicability of VAT on importation of medical devices in Russia. While expected low-level legislation changes are under discussion of Russian Government, regional Russian customs posts are very controversial in applying VAT regulations in practice. However, from legal standpoint, exemption from VAT is quite real thing. Here I would like to present a short law review on VAT for medical devices for last year. All information derived from public sources.

  1. Company A vs Tver Customs:
    Date:09.2014 – 21.11.2014
    Decision of The first instance court: to recognize as illegal the decision of Tver Customs to release medical devices with payment of VAT.
    Appeal court upheld the judgment of the court of first instance and left appeal of Tver customs without satisfaction.
    Source
  2. Company B vs Smolensk Customs
    Date: 010.2014
    Decision of The first instance court: to recognize as illegal the decision of Smolensk Customs #XXXX on refusal to grant exemption on VAT for medical devices, to oblige Smolensk customs to pay VAT back
    Appeal court upheld the judgment of the court of first instance and left appeal of Smolensk customs without satisfaction.
    Source
  3. Company C vs Omsk Customs
    Date:08.2014
    Decision of The first instance court: to invalidate the decision of Omsk Customs on calculation of VAT for medical devices.
    Source
  4. Company D vs Moscow Customs (Kashirsky customs post)
    Date: 02.2014
    Decision of The first instance court: to consider as illegal decision of customs post on calculation of VAT rate for medical device as 18%.
    Source
  5. Company E vs Moscow Customs (Sheremetyevo)
    Date: 27.03.2014
    Decision of The first instance court: to consider as illegal and to cancel the decision of Sheremetyevo customs on impossibility of exemption of VAT for medical device.
    Source
  1. Company F vs Moscow Regional Customs
    Date:05.2014
    Decision of The first instance court: to consider as illegal the decision of Istra customs post on refusal to grant exemption on VAT for medical device.
    Appeal court upheld the judgment of the court of first instance and left appeal of Moscow Regional Customs without satisfaction.
    Source
  1. Company G vs Moscow Regional Customs
    Date: 05.2014 – 23.09.2014
    Decision of The first instance court: to consider as illegal the decision of the customs post, to pay back excessively paid VAT for medical devices.
    Appeal court
    upheld the judgment of the court of first instance and left appeal of Moscow Regional Customs without satisfaction.
    Source

2 thoughts on “Seven Court Cases on Medical Devices against Russian Customs

  1. Pingback: Russian Government Approved the List of Medical Goods Subject to VAT exemption (0% VAT) | Medical Device Regulations in Russia and CIS

  2. Pingback: Five Things You Should Know about Medical Device Regulation in Russia, CIS and the Eurasian Union in 2015 | Medical Device Regulations in Russia and Eurasian Union

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