SUPREME COURT: DIRECTOR CAN REPAY COMPANY'S TAX DEBTS, BUT IN GOOD FAITH

The manager applied to the court, pointing out that the defendant provided the debtor with funds under the loan agreement for the purpose of paying off tax debts.

The disputed loan was granted by the defendant in connection with a criminal case initiated against him on the fact of non-payment of taxes, the borrowed funds were directed by the company to repay fiscal debt.

The manager referred to the pretense of the transaction, the presence of signs of compensatory financing in the loan, and therefore asked to invalidate the contract.

The courts of three instances refused to satisfy the claim. However, the Supreme Court of the Russian Federation noted that the circumstances of the loan relationship are essential for resolving the dispute on the merits, since if they are proven and the transaction qualifies as fake, the consequences of its invalidity entail the debtor's release from the obligation to return the money received from the defendant.

Photo by Freepik