ANIMAL HEALTH IS MORE IMPORTANT THAN TAXES

ANIMAL HEALTH IS MORE IMPORTANT THAN TAXES

ANIMAL HEALTH IS MORE IMPORTANT THAN TAXES
In the framework of the bankruptcy case (No. A41-26995/12), the Federal Tax Service (FTS) filed an application for recovery of losses from the manager in connection with the latter's violation of the order of repayment of current claims. The manager paid off the operational requirements that arose in connection with the maintenance of cattle (turn 5), priority over mandatory payments of the second stage.

The courts of two instances rejected the applicant's arguments, guided by the fact that there was a herd of cattle in the debtor's bankruptcy estate, as well as structures and equipment (non-capital buildings not intended for year-round herd maintenance) for agricultural activities, namely: keeping cattle (in summer), milking, vaccination and grazing, which indicates the continuation of the financial and economic activities of the company.

The courts also took into account the arguments of the manager that if he had not taken action to pay the disputed debt, this could have led to the termination of the lease agreement and the termination of electricity supply, and, as a result, to the death of the herd (more than 200 units) - an environmental disaster, since in the bankruptcy estate of the debtor there would be insufficient funds to dispose of the carcasses of fallen animals.

24.11.2023