Current report number: 40/2021
Data: 14 September 2021
Art. 17 (1) of the Regulation (EU) No 596/2014 of the European Parliament and of the Council of 16 April 2014 on market abuse and repealing Directive 2003/6/EC of the European Parliament and of the Council and Commission Directives 2003/124/EC, 2003/125/EC and 2004/72/EC (‘MAR’).
Content of the report:
The Management Board of OEX S.A. (the ‘Issuer’ or the ‘Company’) hereby informs whom it may concern that on 13 September 2021, the Issuer’s subsidiary, OEX E-Business Sp. z o.o. with registered office in Warsaw (‘OEX E-Business’), received a tax audit report (‘Tax Report’’) after the audit carried out by the Second Masovian Inland Revenue Service Office in Warsaw (‘IRS Office’) concerning the reliability of VAT settlements (‘VAT tax’) concerning selected trade transactions made by that company in the period from July to October 2019. The IRS Office alleges that OEX E-Business, without limitation, failed to maintain due diligence when it came to the verification of contractors in the above-mentioned transactions and consciously participated in a tax abuse, in result of which the IRS Office questions the company’s right to deduct the surplus input VAT for the audited period. The total amount of the company’s potential VAT tax liability resulting from the Tax Report, which corresponds to the amount of questioned VAT settlements, interest and additional VAT charge, equals kPLN 3,703,289.
On 13 September 2021, OEX E-Business also received a decision of the IRS Office to establish a security on the assets of OEX E-Business in relation with the above-mentioned audit (‘Decision’) in the amount of PLN 2,803,289. The decision of the IRS Office results from the alleged concerns as to the financial situation of OEX E-Business and the prospective – in the opinion of the IRS – lack of possibilities for the company to discharge its tax liabilities under the audit. On 13 September 2021, the company made an application to the IRS Office concerning a voluntary acceptance of the security in the above-mentioned amount and currently arrangements concerning the form of such security are under way.
The Management Board of OEX E-Business does not agree with the charges made by the IRS Office in the Tax Report disclosed to the company not with the grounds for the Decision made and intends to use all available legal remedies and appeals in both cases, including the formulation of objections to the Tax Report and lodging an appeal against the Decision. The texts of the Tax Report and the Decisions are currently under a thorough analysis by OEX E-Business and tax specialists collaborating with the company.
The Issuer shall provide information about any further significant events related to the subject matter of this report in subsequent ongoing reports.
Signatures of Company’s representatives:
Tomasz Słowiński – Member of the Management Board
Robert Krasowski – Member of the Management Board