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THE FEDERAL TAX SERVICE WILL BANKRUPT A CONSTRUCTION COMPANY IN THE CHELYABINSK REGION

The tax authority (MI FTS No. 32) of the Chelyabinsk region initiated the bankruptcy process of the Yuzhuralspetsstroy construction company. The claim for declaring the organization insolvent was submitted to the regional arbitration. This is reported in the court file (case no. A76-39749/2024). The court issued a ruling on the acceptance of the application of the tax authorities for consideration on November 22. The company's debt obligations to fiscal officials exceed 6 million rubles. The debt...

THE STATE DUMA HAS ADOPTED A LAW ON THE TAX ON CRYPTOCURRENCY

The State Duma adopted in the third reading a bill providing for the introduction of taxation of digital currency. Amendments are proposed to the Tax Code of the Russian Federation. The draft law provides that cryptocurrency will be recognized as property, but only for taxation. Residents are required to inform about transactions with digital currency if the amount of receipts or write-offs for the year is more than 600,000 rubles. The author of the bill is the Ministry of Finance. The draft was...

IF THE DEBTOR'S DOCUMENTS WERE SEIZED BY THE TAX SERVICE, IT WILL NOT BE POSSIBLE TO CLAIM THEM FROM THE EX-HEAD

The manager appealed to the court with an application for the recovery of the debtor's documents from the defendants (case No. A40-249177/21). Partially satisfying the application, the courts of two instances proceeded from the fact that the defendants had not fulfilled the obligation to transfer the requested documents, seals, stamps and material assets of the debtor to the manager, however, this circumstance prevents the manager from fulfilling the duties assigned to the Bankruptcy Law, in connection...

INDIVIDUAL LENDERS WERE ORDERED TO PAY PERSONAL INCOME TAX WITH INTEREST

On October 24, 2024, the Judicial Board for Economic Disputes of the Supreme Court of the Russian Federation issued a precedent-setting decision concerning the taxation of interest on loans issued by individuals (case No. A40-147367/2023). According to him, the interest received by citizens from such loans should be taxed on personal income (personal income tax), and not on professional income, as previously assumed. The initiator of the consideration of the issue was the company Avtobaza-M, which...

THE BUSINESS PROPOSED TO MITIGATE THE EFFECTS OF TAX CHANGES

The Opora Russia business association has proposed to introduce an annual indexation of the income threshold, at which taxpayers of the simplified taxation system (USN) begin to calculate and pay VAT. The relevant initiative was included in the list of proposals to the draft law "On the Federal Budget for 2025 and for the planning period 2026 and 2027", which were sent to the State Duma. The business association also came up with the idea to preserve the rights of USN payers to...

BEFORE RESOLVING DISAGREEMENTS WITH THE TAX SERVICE, IT IS NECESSARY TO FIND OUT WHAT REQUIREMENTS ARE FOR THE DEBTOR

The manager applied to the court for the resolution of disagreements regarding the order of repayment of tax after the sale of collateral (case no. A41-55921/19). Resolving disagreements in favor of the manager, the courts of two instances were guided by the fact that the tax under the Simplified Taxation System is payable as part of the third stage. Recognizing the current land tax claims as settled, the courts referred to payment orders. Partially canceling the acts of the lower courts and sending...

TAX AUTHORITIES INITIATE BANKRUPTCY OF AN IT COMPANY IN TATARSTAN

At the end of August 2024, the Tatarstan Department of the Federal Tax Service appealed to arbitration with a claim for the insolvency of Orgneftekhim It (case No. A65-27408/2024). The fiscal authority demanded that the organization pay 19,836,888.78 rubles of debt. The beneficiary of the company is Alexander Babynin. He owns a 51% stake personally, and the remaining 49% through several legal entities of the Orgneftekhim Holding (ONX). In early 2021, Babynin resigned from the position of head of...

MOSCOW TAX AUTHORITIES DEMAND THAT THE NEBO FILM COMPANY BE DECLARED BANKRUPT

On August 13, 2024, the capital's inspectors of the Federal Tax Service appealed to arbitration (the Moscow Arbitration Court) with a bankruptcy petition for the Nebo film company (case No. A40-189787/2024). The founder of the company until August 2022 was film director Rezo Gigineishvili, who shot the film "Hostages" in 2017. The film, based on real events, reported the hijacking of an airliner from the territory of the Soviet Union. The film was shown during the Berlin Film Festival...

BLINOVSKAYA'S BANKRUPTCY CASE WAS POSTPONED AT THE REQUEST OF THE FEDERAL TAX SERVICE

The court postponed the hearing of the case of blogger Elena Blinovskaya until November. Such a request was made by a representative of the Federal Tax Service (FTS) at a meeting of the arbitration court in the capital. Recall that in early August, the prosecutor's office filed a lawsuit with the district court to recover from the "queen of marathons" damage caused to the state budget as a result of a tax crime, in an amount commensurate with her debt to the Federal Tax Service. As quoted...

THE FEDERAL TAX SERVICE SPOKE ABOUT THE RISKS OF HIRING EX-SELF-EMPLOYED PEOPLE

The Federal Tax Service (FTS) has published explanations on the criteria for assessing risks when hiring a former self-employed person. According to the explanations, hiring self-employed people who previously collaborated with this employer as full-time employees is not a risk of tax optimization and substitution of civil law labor relations. As explained in the Federal Tax Service, when assessing each specific situation, tax specialists use a risk-based approach. In total, organizations working...

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