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08/09/2024
Sunday
THIS DAY IN HISTORY:
8 September 
1941 The blockade of Leningrad began.
1429 The storming of Paris by the troops of Jeanne D'Arc.
1380 The Tatar-Mongol troops were defeated by the Russian troops in the Battle of Kulikovo.
8 September
1941 The blockade of Leningrad began.
1429 The storming of Paris by the troops of Jeanne D'Arc.
1380 The Tatar-Mongol troops were defeated by the Russian troops in the Battle of Kulikovo.
THE DEBTOR'S TAX OBLIGATIONS ARE PAID BY SELLING THE COLLATERAL AFTER THE CREDITOR RECEIVES THE BENEFIT
Due to the proceeds from the sale of the debtor's mortgaged property, taxes on such assets are repaid from the moment the mortgaged creditor began to benefit from its status. This can happen both at the very beginning of the bankruptcy case and at the observation stage, the Supreme Court determined.
Such approaches were described by the judicial board for Economic Disputes of the Supreme Court of the Russian Federation in the framework of the bankruptcy case of Barnaul Scientific and Production Enterprise Binaka Soybean Processing Plant, specializing in the production of animal feed.
The parties did not agree on the period for which the debtor's tax obligations should be repaid with the help of funds from the sale of mortgaged property.
The bankruptcy trustee and the collateral creditor considered that only those taxes that were accrued during the period when Binaki was in the bankruptcy process (since June 2018) are paid off as a priority. In addition, penalties should not be repaid as a matter of priority due to the sale of collateral.
However, the Federal Tax Service, in contrast to its opponents, insisted that taxes and penalties accrued on collateral should be paid off as a priority for the period from the moment of initiation of bankruptcy proceedings (since July 2017).
The position of the lower authorities
Three instances satisfied the requirements of the tax service, based on the fact that the payment of taxes related to mortgaged property, as well as penalties accrued for non-payment of current tax obligations, should be made at the expense of funds received from the sale of this property as a matter of priority. The period of attribution of the corresponding expenses to the collateral creditor is determined by the court from the date of initiation of the debtor's bankruptcy case.
The position of the Supreme Court
The highest instance has annulled the judicial acts of the lower courts. The Judicial Board for Economic Disputes of the Supreme Court of the Russian Federation noted that the order of repayment of property taxes on mortgaged property depends on when the mortgaged creditor began to benefit from its status in the bankruptcy case. In support of its position, the court cited the following arguments (Ruling of the Supreme Court of the Russian Federation dated 06/13/2024 No. 304-ES22-29762):
The bank's claims as a collateral creditor are included in the register in the monitoring procedure.
• At the hearing, representatives of the parties explained that the debtor's subsequently realized property complex did not function in bankruptcy proceedings, respectively, the proceeds from its use did not go to the bankruptcy estate or to the collateral creditor.
• If the bank's unfair behavior is not proven, as well as the loss of the economic meaning of the pledge, property taxes and penalties are repaid from the proceeds of the pledged property in accordance with paragraph 6 of Article 138 of the Bankruptcy Law, from the moment the bankruptcy proceedings are opened.
• The debt on property taxes and penalties is repaid up to the specified moment in accordance with the general procedure established by paragraph 2 of Article 134 of the Bankruptcy Law.
Such approaches were described by the judicial board for Economic Disputes of the Supreme Court of the Russian Federation in the framework of the bankruptcy case of Barnaul Scientific and Production Enterprise Binaka Soybean Processing Plant, specializing in the production of animal feed.
The parties did not agree on the period for which the debtor's tax obligations should be repaid with the help of funds from the sale of mortgaged property.
The bankruptcy trustee and the collateral creditor considered that only those taxes that were accrued during the period when Binaki was in the bankruptcy process (since June 2018) are paid off as a priority. In addition, penalties should not be repaid as a matter of priority due to the sale of collateral.
However, the Federal Tax Service, in contrast to its opponents, insisted that taxes and penalties accrued on collateral should be paid off as a priority for the period from the moment of initiation of bankruptcy proceedings (since July 2017).
The position of the lower authorities
Three instances satisfied the requirements of the tax service, based on the fact that the payment of taxes related to mortgaged property, as well as penalties accrued for non-payment of current tax obligations, should be made at the expense of funds received from the sale of this property as a matter of priority. The period of attribution of the corresponding expenses to the collateral creditor is determined by the court from the date of initiation of the debtor's bankruptcy case.
The position of the Supreme Court
The highest instance has annulled the judicial acts of the lower courts. The Judicial Board for Economic Disputes of the Supreme Court of the Russian Federation noted that the order of repayment of property taxes on mortgaged property depends on when the mortgaged creditor began to benefit from its status in the bankruptcy case. In support of its position, the court cited the following arguments (Ruling of the Supreme Court of the Russian Federation dated 06/13/2024 No. 304-ES22-29762):
The bank's claims as a collateral creditor are included in the register in the monitoring procedure.
• At the hearing, representatives of the parties explained that the debtor's subsequently realized property complex did not function in bankruptcy proceedings, respectively, the proceeds from its use did not go to the bankruptcy estate or to the collateral creditor.
• If the bank's unfair behavior is not proven, as well as the loss of the economic meaning of the pledge, property taxes and penalties are repaid from the proceeds of the pledged property in accordance with paragraph 6 of Article 138 of the Bankruptcy Law, from the moment the bankruptcy proceedings are opened.
• The debt on property taxes and penalties is repaid up to the specified moment in accordance with the general procedure established by paragraph 2 of Article 134 of the Bankruptcy Law.
19.06.2024
