THE SUPREME COURT OF RUSSIA RESOLVED THE DISPUTE WITH THE PAYMENT OF TAXES FROM THE CREDITOR'S COLLATERAL ACCOUNT

The Economic Board of the Supreme Court of Russia considered the issue of priority of paying current payments. The case was initiated by the tax inspectorate, which indicated the need to settle accounts with the budget. The debt was formed in the course of the work of a company already declared bankrupt, the majority creditor of which insisted on its further functioning.

The inspectorate's arguments were that tax arrears were formed precisely because the company continued to operate, which subsequently led to its higher bidding price.

Thus, according to the tax officials, creditors will receive more money by preserving the liquidity of the company to the detriment of the interests of the state.

At the same time, the tax service itself has repeatedly opposed the continuation of the debtor's activities.

Considering the dispute, the lower courts sided with the creditor and rejected the claims of the tax authority. As the grounds for this, the socio-economic goals of continuing the activity were named: in the case under consideration, the debtor saved jobs and retained the liquidity of the company, which was shown by the subsequent auctions. However, the flip side of this decision was the obligation of the bankrupt company to pay taxes to the budget, which was recalled by the inspectorate.

The Supreme Court considered the conclusions of the lower courts to be incorrect, canceled the decisions made and sent the case for reconsideration (decision No. 308-ES18-21050 (41) of July 1, 2021).