The conditions for evaluating applications under Law No. 223-FZ cannot depend on the participant's tax regime

9 September 2021, Thursday

When evaluating applications, the customer deducted VAT from the price offers of participants who pay this tax. The Moscow UFAS considered this approach discriminatory. Participants in the USN were at a disadvantage and were forced to underestimate the price of the contract.
The courts agreed with the antimonopoly authority and noted that the customer has no legal grounds to make any deductions from the price offers, apply other features of evaluating and comparing applications for different categories of taxpayers.
Recall that the Armed Forces of the Russian Federation and the FAS of Russia take a similar position.
Document: 
Resolution of the 9th AAS of 23.08.2021 in the case N A40-67325/2021