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Kherson: lawyers help ATO confirm insurance experience

The demobilized combatant Volodymyr Buchma addressed Kherson Office of the Legal Development Network. His story is instructive for all physical person-entrepreneurs who plan to apply for a retirement pension.

The lawyer of the Office under the Information Resource Center "Legal Space" Serhii Plahotniuk, the man said that he worked as a physical person-entrepreneur and paid all taxes and unified social contribution.

In 2015 he was mobilized for military service. After returning from the ATO the man had to issue the old-age pension.

Volodymyr Buchma addressed the department of the Pension Fund of Ukraine in Kherson. However, experts asked to provide certified copies of documents:

  • Certificate of state registration of individual entrepreneur;
  • Documents that define the tax system over the period 2000 to 2007;
  • Certificate of single tax payment/Declaration of net income;
  • Copy of the passport and registration number of a tax payer;
  • Receipt confirming payment of insurance premiums from 2000 to 2007.

Unfortunately, the man did not save receipts for payment of premiums. However, he preserved some records of small business of an individual taxpayer.

The main problem was the following: how to confirm the insurance experience.

The lawyer helped him make 2 requests for information: in the Kherson Unified State Tax Inspectorate and the SFS Department in the Kherson region to provide the necessary documents.

However, Volodymyr was officially denied. The tax inspectorate referred to the fact that the period of storage of personal accounts of all tax types is 5 years. The Main Directorate of DFS in the Kherson region provided a more detailed explanation: information about physical persons-entrepreneurs and persons conducting independent professional activity is submitted directly to these persons. That is on their own.

Also, the SFS recommended to apply for certificate of payment or the absence of debt on payment of a single fee for the period to 30 September 2013 – it can be provided by the Pension Fund at the place of registration.

Now the lawyer is trying to help Volodymyr and prepares another request to the tax service, collecting evidence for confirmation of insurance in court.

We hope that the man with the help of a lawyer will be able to find "clues". Even though the prospects of such litigation is ambiguous.

Therefore, we encourage all individuals-entrepreneurs to be attentive to the preservation of primary documents that confirm the payment of insurance premiums.

P.S. Offices of Legal Development Network are created and work with the financial support of Human Rights and Justice Program Initiative of International Renaissance Foundation. You can learn more about activity of Network, basics and principles of work on Legal Spacewebsite.

The opinion of the International Renaissance Foundation cannot coincide with the point of view of authors of publication.

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