Regarding the appeals procedure
1. What can be appealed?
The following may be appealed against a customs officer: 1) adopted decisions, 2) actions, 3) inaction, 4) compiled customs audit reports.
2. Where can the appeal be submitted?
To the Appeal Committee of the Tax and Customs Authorities of the RA State Revenue Committee or to the RA Administrative Court.
3. What type of body for examining appeals operates within the RA State Revenue Committee?
For the examination of appeals, the Appeal Committee of the Tax and Customs Authorities (hereinafter referred to as the Committee) operates within the RA State Revenue Committee.
4. Within what timeframes can an appeal be filed to the Committee?
An appeal may be submitted to the Committee within the following timeframes: 1) A decision adopted and entered into force by the customs authority or an audit report can be appealed within two months from the date it enters into force; as for the actions or omissions of a customs official - within two months from the date they were performed or manifested. 2) In case the customs authorities do not accept the amount of the customs value or the method of determining the customs value - within 10 working days after receiving the rejection conclusion.
5. In what form should the appeal be submitted to the Committee and what should it contain?
The appeal must be submitted in written form and in the Armenian language, containing the following: 1) The name of the Committee to which the appeal is addressed. 2) In the case of a physical person: first name, last name, TIN (Taxpayer Identification Number), and address. In the case of an organization: the organization's name, location, TIN, and the first name, last name, and position of the person filing the appeal on its behalf, as well as telecommunication data. 3) The subject of the appeal. 4) The claimant's request. 5) The list of documents attached to the appeal. 6) The year, month, and date of drafting the appeal. 7) The signature of the person filing the appeal. The form of the appeal-application is established by Annex 2 of the Decree No. 656-N of the Chairman of the RA State Revenue Committee, dated June 21, 2022. Decree No. 656-N 9Armenian)
6. By what means can an appeal be sent to the Committee?
The appeal can be sent: 1) To the email address: secretariat@petekamutner.am, 2) Via the unified portal for electronic requests: e-request.am, 3) Via postal service: only by registered mail, 4) In person: by submitting it to the service hall located at 7 Khorenatsi St., Yerevan, RA, or to any service center of the Taxpayers Service Department of the RA State Revenue Committee. Service Departments
7. If the submitted appeal contains deficiencies, how can they be corrected?
In case an incomplete appeal-application is submitted, the RA SRC shall inform the applicant in writing about the deficiencies and suggest rectifying them within three working days. If the deficiencies are eliminated and the Committee is notified within the specified period, the appeal-application is considered accepted from the date of its initial submission. The Committee shall also examine an appeal-application submitted with deficiencies if those deficiencies do not hinder the further examination of the appeal.
8. Through what procedure is the examination of the appeal carried out?
Appeal-applications submitted to the Committee can be examined through written and oral procedures. Oral examination is carried out through sessions of the Appeal Committee, while written examination is conducted via the general electronic document management system by organizing a written vote. Moreover, the session is conducted through an oral procedure if the person filing the appeal-application has submitted justifications for conducting the examination through an oral procedure, which have been accepted by the Appeal Committee. The working procedure of the Appeal Committee is established by Annex 1 of the Decree No. 656-N of the Chairman of the RA State Revenue Committee, dated June 21, 2022. Decree No. 656-N (Armenian)
9. On what grounds is the appeal procedure carried out?
The appeal procedure is carried out on a free-of-charge basis.
10. How to find out about the oral appeal procedure?
The person who submitted the appeal shall be notified in advance of the time and place of the relevant session, where the person who submitted the appeal, their chief accountant, and (or) a person authorized by the applicant (specialist) may participate in the Committee session.
11. What will happen if participation in the oral procedure session is not ensured?
The absence of the person who submitted the appeal or their representatives, who have been notified of the time and place of the Committee session, shall not be an obstacle to continuing the session of the appeal committee and resolving the dispute on its merits.
12. Within what timeframes does the Customs Authority Committee examine the appeal?
The customs authority shall examine the appeals submitted to the Committee and adopt decisions regarding them within 30 days, while appeals from taxpayers holding a valid law-abiding taxpayer certificate shall be examined within 15 days. The calculation of the period specified in this part begins from the first working day following the date the written appeal was registered in the relevant body. In specific cases, the mentioned period may be extended by 15 days, about which the applicant is informed. If no response is provided regarding the appeal within the specified period, the decision of the customs authority's appeal committee to grant the appeal is considered adopted.
13. What types of decisions can the Committee make?
The Committee may adopt the following decisions: 1) on terminating the appeal proceedings, 2) on granting the appeal, 3) on partially granting the appeal, 4) on rejecting the appeal, 5) on conducting a re-audit.
14. How are the Committee's decisions adopted and within what timeframe are the applicants notified?
Decisions adopted by the Committee are confirmed by a simple majority vote. The decisions are signed by the Chairman of the Committee with an electronic signature, and the applicant is notified of the decision within three working days by posting the decision on the taxpayer's personal page in the tax authority's electronic reporting management system. Physical persons not registered as taxpayers are notified via email (if provided), by registered mail (with acknowledgment of receipt), or by hand delivery.
15. Are the Committee's decisions published?
The decisions of the Committee are public and are published on the official website of the RA State Revenue Committee. Decisions of the Appeal Committee (Armenian)
16. When does the Committee's decision enter into force?
The decision of the Committee enters into force on the day following the date of notification.
17. What can the applicant do if they do not agree with the Committee's decision?
If the applicant does not agree with the decision made by the Committee, they may file an appeal against it in the RA Administrative Court.
Additional Information
You can briefly familiarize yourself with the appeal process (Armenian) here.