RusBankrot
We know everything about bankruptcy
16/09/2024
Monday
THIS DAY IN HISTORY:
16 September 
1970 "Black Wednesday" of the British pound sterling.
1970 The Montreal Treaty for the Protection of the Earth's Ozone Layer was signed.
1970 Mexico declared independence from Spain.
16 September
1970 "Black Wednesday" of the British pound sterling.
1970 The Montreal Treaty for the Protection of the Earth's Ozone Layer was signed.
1970 Mexico declared independence from Spain.
THE SUPREME COURT HAS SET THE TIME FOR THE PAYMENT OF TAXES BY THE COLLATERAL CREDITOR
The Supreme Court of the Russian Federation considered two lawsuits related to the issue of priority payment of taxes on mortgaged property. The determination of the point of time after which taxes should begin to be calculated continues to cause controversy in the courts. In practice, the problem of determining the procedure for such a payment remains no less pressing.
As a rule, in the event of bankruptcy, the collateral creditor expects to receive up to 70-80% of the value of the alienated property that was the subject of the pledge. But even before paying off the creditor, there is an obligation to cover the expenses that were allocated to ensure the safety of the collateral. A number of taxes accrued during the bankruptcy (for example, property taxes) They must also be paid.
In its rulings, the Supreme Court of the Russian Federation indicated that the moment of transfer of tax obligations arises when the collateral creditor has a legal opportunity to foreclose on the collateral. In the event that an organization becomes bankrupt and proceeds to the bankruptcy procedure, the bankruptcy trustee begins to dispose of the assets.
Given that he must do this in the interests of collateral creditors, they have the right to influence the speed of the sale of property. If the alienation of the collateral is unreasonably delayed, property losses may be recovered from the perpetrators. Thus, experts note, as soon as a secured creditor gets the opportunity to use its status for economic benefit, it begins to be charged the appropriate taxes.
As Kommersant notes, in practice, courts often prioritize the payment of taxes for the entire bankruptcy period. In this case, the pledge loses its economic meaning, which is unfair for the participants in the relationship. The Supreme Court of the Russian Federation noted that judges should not impose the burden of tax payments on the collateral creditor when lease payments from the collateral continue to be transferred to the bankruptcy estate. For example, this may occur at the observation stage.
The Supreme Court of the Russian Federation also noted that the beginning of bankruptcy proceedings is not always the starting point for foreclosures from collateral creditors. Sometimes it can be the day when the requirements were included in the register after the organization was declared bankrupt.
In some cases, proceeds from the lease of assets (for example, real estate) may be transferred to the collateral creditor at the stage of initiation of insolvency proceedings. In this case, you will have to pay taxes for the entire period of time. Experts remind that there are no general rules in such cases, and all disagreements require taking into account the economic meaning of the pledge and the behavior of the creditor.
As a rule, in the event of bankruptcy, the collateral creditor expects to receive up to 70-80% of the value of the alienated property that was the subject of the pledge. But even before paying off the creditor, there is an obligation to cover the expenses that were allocated to ensure the safety of the collateral. A number of taxes accrued during the bankruptcy (for example, property taxes) They must also be paid.
In its rulings, the Supreme Court of the Russian Federation indicated that the moment of transfer of tax obligations arises when the collateral creditor has a legal opportunity to foreclose on the collateral. In the event that an organization becomes bankrupt and proceeds to the bankruptcy procedure, the bankruptcy trustee begins to dispose of the assets.
Given that he must do this in the interests of collateral creditors, they have the right to influence the speed of the sale of property. If the alienation of the collateral is unreasonably delayed, property losses may be recovered from the perpetrators. Thus, experts note, as soon as a secured creditor gets the opportunity to use its status for economic benefit, it begins to be charged the appropriate taxes.
As Kommersant notes, in practice, courts often prioritize the payment of taxes for the entire bankruptcy period. In this case, the pledge loses its economic meaning, which is unfair for the participants in the relationship. The Supreme Court of the Russian Federation noted that judges should not impose the burden of tax payments on the collateral creditor when lease payments from the collateral continue to be transferred to the bankruptcy estate. For example, this may occur at the observation stage.
The Supreme Court of the Russian Federation also noted that the beginning of bankruptcy proceedings is not always the starting point for foreclosures from collateral creditors. Sometimes it can be the day when the requirements were included in the register after the organization was declared bankrupt.
In some cases, proceeds from the lease of assets (for example, real estate) may be transferred to the collateral creditor at the stage of initiation of insolvency proceedings. In this case, you will have to pay taxes for the entire period of time. Experts remind that there are no general rules in such cases, and all disagreements require taking into account the economic meaning of the pledge and the behavior of the creditor.
19.06.2024
