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Legal consequences of sales. How to hold a sale without legal problems


Ivan Shiyonok, Advocate of the Law Firm "YUST", told the readers of the “Commercial Director” how to prevent disputes with tax and antitrust authority after New Year sales. All conceivable marketing instruments are employed to attract the clients during the sales season, including discounts, incentivizing lotteries, prize raffles etc. However, the application of those instruments may cause various negative consequences. For example, an antitrust service may decide that your advertising is dishonest, and impose a fine. Or tax officials may decide that the purchaser extracts a profit, when he receives a discount, and they may additionally charge taxes from him. What should be taken into account in order to avoid such trouble?

The first question you should ask yourself when planning a New Year promotion – any promotion – is how to inform potential buyers of it? Spreading the information on promotions, including booklets and flyers, may be considered advertising (Article 9 of the Federal Law “On advertising”), so all legal requirements should be taken into account. For example, the announcements should contain the period and the rules of the promotion, the quantity of prizes or winnings and the procedure of their receipt, as well as the information on the organizer of the event.


Full version of the article is available in the issue No. 12 of the “Commercial Director” magazine.

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