Judge of the Commercial Court Diana Raickovic they should make a decision regarding the objection of the company "Adriatic Properties", which claims that this court is not the right address for resolving the dispute about the amount of rent and unpaid VAT, which was initiated against them by the company "Sveti Stefan hoteli". That is the epilogue of yesterday's preparatory hearing held in the Commercial Court.
The state-owned company "Sveti Stefan hoteli" leases the city-hotel of the same name and Villa Miločer to the company "Adriatic Properties", from which they are now demanding payment for unpaid VAT in the amount of 900 thousand euros. The company of a Greek businessman Petros Statis for the lease of the city-hotel Sveti Stefan and Villa Miločer, he pays about 380 euros per quarter.
Lawyer of "Sveti Stefan Hotel" Petar Mrdak pointed out that the dispute followed the decision of the Revenue and Customs Administration, which in 2020 found that company liable for 900 thousand euros for the past two years, because VAT was not calculated in accordance with the law.
"Adriatic Properties" lawyer Nikola Martinovic said that they stand by the complaint that the Commercial Court is not competent for this case. He pointed out that decades of practice have shown that the rent is contracted in the gross amount, that is, that VAT and other taxes are included.
"The prosecutor's proposal would mean changing the amount of the rent, for which the other party does not have the consent," Martinović emphasized.
Mrdak said that the annex expressly stipulates that the rent is in the net amount and that the decades-long practice and calculations made by "Budvanska Riviera" were wrong, which, he said, was determined by the competent authority.
The Revenue and Customs Administration determined the tax liability for the unpaid value added tax
Judge Raičković will provide the two parties with a decision on the objection, i.e. whether the Commercial Court is competent for their dispute.
At the beginning of August, the company "Sveti Stefan hoteli" announced that the company "Adriatic Properties" has not paid any invoices issued this year since the beginning of 2023. As they said, the lessee did not pay the rent in full according to the submitted invoices for all four quarters in 2022, as well as the invoiced amount for indexation, and that in order to collect the difference, proceedings are being conducted before the Commercial Court.
According to the earlier writing of "Vijesti", "Adriatic properties" then paid the state company HTP "Miločer" and "Sveti Stefan hotels" two lease installments for the Sveti Stefan - Miločer hotel complex in mid-August. Two quarterly installments of EUR 87.500 each were paid to the company HTP Miločer, which leased the former hotel "Kraljičina plaža" for several decades. The hotel "Sveti Stefan" previously warned that the obligations must be settled because they will initiate contract terminations.
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