A COMPANY FROM GERMANY WAS RECOGNIZED AS A CREDITOR OF A BREWERY FROM RUSSIA

On February 16, a German supplier of industrial equipment was included in the register of creditors as part of the process in the case of the Trekhsosensky plant (case no. A55-31685/2019). The corresponding decision was made by the arbitration of the Samara region, despite protests from the tax authorities.

Representatives of the Federal Tax Service argued their position with the "unfriendliness" of the country of origin of KHS GmbH, Interfax reports. In particular, the agency referred to the Decrees of the head of state dated February 28 and March 1, 2022 (No. 79 and No. 81). However, the tax authorities failed to convince Themis.

In the decrees, the court did not find a special procedure for including the claims of foreign persons in the register. Thus, the debt of the brewing company was replenished with a financial obligation of almost 300 thousand euros (more than 20 million rubles).

The contract between the Russian brewery and the German manufacturer was signed back in 2013. Subsequently, the obligations in the amount of €7.96 million were confirmed by the acceptance certificate.

In 2019, the Russian company applied to arbitration, initiating bankruptcy. The company received the corresponding status in October 2022. One of the reasons for the company's insolvency was the debt that arose as a result of the additional accrual of arrears of the Federal Tax Service following the results of the audit of the company's activities in 2017-2018. The plant tried to challenge the results of such an additional charge, however, the verdict on this issue has not yet been accepted.

According to experts, the tax service can become the largest creditor of Trekhsosensky if the court considers the requirements of the Federal Tax Service proven. While the consideration of the claim of the tax authorities is suspended. In this regard, the reluctance of the tax authorities to include the requirements of the German company in the register is quite understandable.

The plant itself is registered in Samara. Its co–owners are Mikhail Rodionov and Lilia Rodionova, ex-deputy of the Samara Provincial Duma and the Legislative Assembly of the Ulyanovsk region. Law enforcement agencies have previously tried to bring Mikhail to justice in a criminal case related to non-payment of taxes. It was reported that in 2017, the entrepreneur repaid his debts to the state, transferring 1.4 billion rubles to the budget.

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