Tax officials clarified what will help to reduce subsidiary liability

The Federal Tax Service of Russia for the Ulyanovsk Region issued an explanation regarding subsidiary liability.  In particular, the department named cases in which it is possible to reduce the amount of the cash payment, as well as situations where the right to initiate a case for bringing to subsidiary liability outside the bankruptcy process.

Speaking about reducing the amount of liability, the Federal Tax Service mentioned the mechanism for providing information about the real beneficiaries of the company by the nominal head.

At the same time, the information should be unknown to the independent participants in the turnover, and as a result of its receipt, real circumstances are revealed that allow collecting additional funds to the bankruptcy estate.

Among them there may be information about the real managers of the debtor, and about hidden property, which can be foreclosed.

At the same time, when making a decision to reduce the amount of subsidiary liability for a nominal head, the court must take into account how useful the information provided by him turned out to be in the case of restoring the violated rights of creditors, as well as compensating for property losses incurred by them. This methodology was used, in particular, when the courts considered a number of cases (А72-19497/2019, А72-9437/2020, А72-582/2021).

As for the right to initiate a process to recover a subsidiary liability outside a bankruptcy case, it arises for persons who have outstanding claims against the debtor, as well as in the event of termination of a bankruptcy case due to insufficient property to finance its further maintenance.

The tax authority also recalled that the mechanism of bringing controlling persons to subsidiary liability is an exceptional measure and can be applied in cases where other ways to replenish the bankruptcy estate have been exhausted.