Magonya Dmitry commented on the court decision confirming the right of Rosneft to receive RUB 60 billion from the budget
Interfax reported that, on Thursday, the Arbitration Court of Moscow District dismissed the appeal of the Ministry of Energy and Rosnedra regarding the export duty for Verkhnechonskneftegaz (VCHNG), a subsidiary of Rosneft that holds the license for the Verkhnechonskoye field. The court confirmed the decision of the appellate court, which ordered the authorities to issue a certificate stating that the VCHNG was producing preferential oil.
The Ministry of Energy will appeal to the Supreme Court to challenge the decision, according to a representative of the ministry. His colleagues at Rosnedra refused to comment, and a representative of Rosneft has not responded to inquiries.
In March, VCHNG filed a lawsuit against the Ministry of Energy; meanwhile, Rosnedra, Rosneft, and RN-holding filed the same lawsuit against it. The company challenged the decision of the ministry not to accept the documents to grant export duty incentives for the Verkhnechonskoye field (Irkutsk reg.) for 2011-2013.
Extraction in the field has taken place since 2008. In December 2009, the export duty for oil deposits from the field was zeroed; from July 2010 to May 2011, the field had a preferential duty; and then it paid the full duty because VCHNG had not provided the necessary documents. When, in March 2013, the deposit fully transferred to Rosneft, the question about a refund arose, and in January 2015, the company filed documents retroactively.
The Ministry of Energy believes that the deadline for supplying documents has expired. A representative of VCHNG thinks the company has met the deadline since, according to the law, a company has a right to challenge tax issues for three years. The amount of the claim has not been reported. At the hearing, the representative of the Ministry of Energy said that the plaintiff “wants to receive confirmation [that the oil complies with the reduced duties for oil] and then receive customs payments from the budget in the amount of RUB 60 billion,” Interfax reported. In 2014, revenues of VCHNG were RUB 233 billion.
In the summer, the Moscow Arbitration Court took the side of the Ministry of Energy and Rosnedra on two lawsuits, but later, the appellate court reversed the decision.
