INDICTMENT ISSUED AGAINST ONE NATURAL AND ONE LEGAL PERSON FOR EVASION OF TAXES AMOUNTING TO MORE THAN BAM 174.000.00

The Prosecutor's Office of BiH issued an indictment against one natural and one legal person, charging them with the criminal offense of Tax Evasion under Article 210 of the Criminal Code of Bosnia and Herzegovina.

Prosecutor of the Special Department for Organized Crime, Economic Crime and Corruption within the Prosecutor's Office of BiH issued an indictment against the following persons:

-        D.Š. (1970) from Tuzla, with prior convictions, citizen of BiH and

-        Company from Tuzla, in which D.Š. is the director.

The accused D. Š. is charged to have, while working as a director and responsible person in the company - the second accused and a taxpayer, during the period from November 1, 2009 to August 31, 2011 provided false information on the taxable income of the above mentioned company with the intent to evade payment of sales taxes which is contrary to the applicable legal provisions on the Value Added Tax.

The accused have, during the aforementioned period, recorded false information on procurement of various goods from two companies in the books of accounts and VAT reports and have performed illegal deduction of input VAT on invoices in which the turnover of goods and services never took place i.e. to have presented fictitious turnover totaling BAM 1,026,428.00 although there was no actual turnover with these legal entities, thus failing to meet the legal requirements for tax exemption and evading calculation of payments of taxes on goods and services in the amount of BAM 174,493.00 which is the amount of their ill-gotten gain and the amount of damages to BiH budget.

The prosecutor's indictment addressed to the Court of BiH requests that the proceeds of crime be forfeited from the accused, in accordance with Articles 110 and 140 of the CC BiH.

The accused are charged with evading payment of duties prescribed by the legislation of Bosnia and Herzegovina, providing false information on facts that are important for determining the amount of tax liabilities, and as the amount of payments evaded exceeds the amount of BAM 50,000.00, the accused D. Š. has thereby committed the criminal offense of Tax Evasion under Article 210, Paragraph 3 of the CC BiH in conjunction with Paragraph 1 of the CC BiH, all in conjunction with Article 54 of the CC BiH and in terms of the suspected legal person in conjunction with Article 125, Paragraph 4 of the CC BiH.

The indictment was forwarded to the Court of BiH for confirmation.