Introduction
Even in the worst dream, I could not dream that my beloved Fatherland would one day so unexpectedly make me a ruble billionaire. And not in the “kerenkas” of the Provisional Government a hundred years ago, but in our modern time, exactly on the 101st anniversary of Great October in 2018. And even somehow bashfully, he will retroactively submit property tax through the IFTS in 2021 according to the methodology developed and classified somewhere in the bowels of the Federal Service for State Registration, Cadastre and Cartography (hereinafter ROSREESTR).
And everything would be nothing, and of course it would be perceived humanly, because the authorities, the army and officials for our taxes must be maintained, treated, built bridges, launched rockets, periodically lend to our neighbor Batka, but the trouble is, the asset tax has already jumped to heaven. Although not, after all, to space orbits, and more specifically, almost 15 times. At the same time, the value of my asset with land has approached 1 billion Russian rubles! And I understand if we were engaged in some super-profitable business, for example, selling fresh air from the street or daylight from the sun for naive townspeople, or at worst mined crypt on free electricity, but we just have a routine warehouse business - renting warehouse and offices for long-term lease.
Not a dream, but reality
Immediately after the New Year holidays, the Financial Director of the Terminal phoned me and said: - The IFTS issued a claim to us in the form of an additional property tax payment for 2019 - 11 million rubles. and the same requirement is being prepared by the tax authorities for 2020. This means a surprise for 22 million rubles, be so kind as to take out and put this money to the publicans, otherwise the accounts will be blocked and, in general, the activities of our small business will be shut down.
The situation in all respects is not pleasant. We begin to look for a solution, as always by brainstorming, because such a situation is new to us, moreover, burdened with high risks of defending our position in front of the State. The intermediaries, as always in such a case, will promise mountains, and then they will come up with a bunch of reasons why, with the payment already made for the exclusive help, nothing came of it.
We come to the conclusion that it is necessary to write first to the DGI - the Department of City Property of the city of Moscow. However, there, in the electronic window of a legal entity with a detailed complaint, you will not overclock much, but nevertheless we manage to write the words SOS in a laconic form: Please correct the mistake made in determining the cadastral value of our real estate objects with the requisites and cadastral numbers of these objects . Despite the stated deadline for a response - 50 working days, a letter from DGI with disappointing -
The decision to refuse to recalculate the cadastral value of the objects arrived fairly quickly, just two weeks later. The letter from DGI, among other things, stated that: work on GKO - state cadastral appraisal was carried out by mass appraisal methods in accordance with the Methodological Instructions on State Cadastral Appraisal, approved by order of the Ministry of Economic Development of the Russian Federation of 12.05.2017 No. 226 (hereinafter - Methodological Instructions) ...
And then finishing off with the impeccability of verbal forms:
() , . , ( ) ( ). 770 000 000 29.11.2018 № 40557 « 1 2018 .» ( , , 01.01.2019). , , .
Officials are able to cover their rear convincingly on our blood taxes for their own security! So, what is next? Dead end on a difficult entrepreneurial path ?! Again we turn on our own brains and come to the only correct conclusion that it is necessary to write "The petty Emperor"!
Below, in general terms, I give the essence of the appeal, without indicating, perhaps, some parameters of the asset. This appeal will be useful, both in form and in content, if you have the same situation with the prohibitively high cadastral value of assets, assigned by the DGI retroactively. By the way, from the cumulative experience it is not recommended to go to court at the initial stage, otherwise you will have to sue only the current year, and not all three previous years from the moment of the extremely overestimated estimate. So:
Chelobitnaya, Moscow, Kremlin ...
, , , «», .
2005 - «» 11.000 . . 2.3 : … , 10 . - «» 2005 . 128 000 000 . 2005 .: 27,6 -28,8 1 . , $4.5 .
15 «» , , : 460 000 000 .
15 «» , 100% , - , , – 2020-2021 . .
2021 № … . «» № … …2021. : : :… 2019. : 11 400 000.00 . – . №… , , , , 53.000.000 . (2018 .) 15 770.000.000 . 2019.!!! , ( : …, , 01.01.2019., 140.000.000 . 175.000.000 . 22%.
, 9 «» – «», , . «» 2012 . , , : : … 2020 . : 280 000 000 .
() «» , , : : …, 300- :… 01.08.2015 . 8 700 000 . 16 900 000 ., . . 1,93 2019 . ( 15 !!!). , , .
: - , , .
We earnestly ask you, Emperor, to intervene in the ongoing chaos and put things in order in Rosreestr, the cadastre and suspend the requirements of the Inspectorate of the Federal Tax Service No. so working practically at wear and tear in a difficult economic and political situation.
Sincerely yours…
Part 2
The response from the Administration of the President of the Russian Federation to the Appeal on the fact of the overestimated cadastral value arrived almost immediately, or rather 3 days after the moment of its electronic registration. The appeal was attached to a letter from the Administration to the address: Rosreestr and the Federal Tax Service Inspectorate with the following text:
, » ( (331)) , …2021 . № …
3 8 2 2006 № 59-3 « » .
«.» » ( (331)) , .
Considering the above, in accordance with clause 1 of part 1 of article 10 of the Federal Law of May 2, 2006 No. 59-F3 "On the procedure for considering appeals of citizens of the Russian Federation", we ask you to ensure an objective, comprehensive and timely consideration of the appeal with an explanation to the author of the appeal in an accessible form of the possibility of either impossibility (indicating the reasons and legal justification) to resolve the issues raised in the appeal.
Application. The text of the applicant's letter ...
Despite the seriousness of the control of the question posed in the Address, Roskodastr responded with a re-wording:
, ...2021 № (. № ...2021), ( ...2021 № -1), .It hurt me very much, how you can ignore the obvious facts given in the previous appeal, I had to give a lethal argument by writing another letter to the Administration of the President of the Russian Federation with the following content:
, : :…, , ...2021 № /2021 ( ).
Dear Emperor!
I appeal to you again on the very important issue for small businesses, namely, on the issue of multiple, simultaneous increase in the cadastral value of our building at 1339, 87% (one thousand three hundred thirty-nine percent - adjusted data), located at the address: ...
Despite to the prompt response of the specialized departments of Rosreestr and the Federal Tax Service Inspectorate to our address, taking into account the control of this issue by your Administration, the result turned out to be virtually zero, and for us from the point of view of a potential disproportionate tax burden, generally negative.
, . , , (2018 ), , 01.01.2019 :
1., - – : …, : . ,
2., - – : … : . .
:
• – : …, : . , № …2018. 01.01.2019. : . ( ./..): – 35 000 .
, : . ( – YYY)/ ZZZ . .. 12 % .
, . № …2019. : DDD . 01.01.2019. ( ) MMM . .. 10 %.
• «» – : … : . , № ...2018. 01.01.2019. : 770 000 000 . ( ./..) 70 000 . , : 1 339,87% ( )!!!
«» « » ...2021 № -(0)-0 , : … : . …
, … 2021 . № /21 « » , , , 12.05.2017 . № 226 .
, 12.05.2017 . № 226: , , , . 8.1 .
, 4- « » :
• «», ;
• , «» : … : … , , 100- , , 1 . . , «», .
, , , , , . , , .
Then I got a call from the State Budgetary Institution of the DGI in Moscow with an explanation about the possible erroneousness of the assessment of the cadastre department of our facility and about the approval of the departure of a special appraiser to our facility in order to verify the results of a previously conducted assessment without any departure, virtually! A week later, a very meticulous appraiser came to our facility, who walked literally all the premises, nooks and crannies, toilets and technical objects, recording and photographing all this.
Along the way, it turned out that we were allegedly not found in the relevant assessment services either on Google maps or on Yandex maps, and if so, then for some instinct we were taken to a shopping center on the Moscow Ring Road, while applying the maximum price tag to our object. And nevertheless, according to the Decision of the DGU and the appraisal commission, and on the basis of some other unknown factors, the cadastral price of the object was reduced to 499,000,000 rubles, that is, 40% less than the previously approved error-free assessment according to the methodology, mathematical model (according to - apparently the same dude who calculated and implemented the pension reform for us), based on statistical methods, etc.
June 1, 2021