Search

THE SUPREME COURT RECOGNIZED INTEREST-FREE LOANS AS COMPENSATORY FINANCING

On June 26, 2024, the Judicial Board for Economic Disputes (SCES) of the Supreme Court of the Russian Federation issued a Ruling on the complaint filed by the tax authorities and one of the creditors ... ... Khakasstroyremont. All of them were challenged in the bankruptcy process on the initiative of the bankruptcy trustee and the Federal Tax Service. As a result, lower courts declared these transactions invalid, and the organization was charged 12.2 million ...

THE SUPREME COURT WILL CONTINUE TO LOOK INTO THE RATIO OF COLLATERAL AND TAX CLAIMS IN BANKRUPTCY

... debtor's business activities, in priority order to repay the claims of the collateral creditor in the period after the commencement of bankruptcy proceedings. The rest of the claims were denied. The higher courts attributed the requirements of the Federal Tax Service to the priority order in full. The Supreme Court (SC) referred the complaints of the governor and the bank to the board, noting that, contrary to the arguments of the authorized body and the conclusions of the courts, the bank was not a beneficiary from the continuation of the production ...

THE SUPREME COURT EXPLAINED IN WHICH CASE IT IS IMPOSSIBLE TO APPLY A REDUCED TAX RATE FOR CROSS-BORDER PAYMENT

... interest in its tax returns. Accordingly, the Singapore organization was not the actual recipient of income, since its powers in terms of income disposal were limited, and the company performed intermediary functions in the interests of a third party. The Supreme Court also noted that the Russian credit institution submitted to the Federal Tax Service an agreement on the provision of consulting services, which was signed by XANGBO and MTS, as well as acts of acceptance and transfer of services. Based on these documents, the bank stated that the Singapore organization made payments ...

THE SUPREME COURT CLARIFIED THE MANAGER'S OBLIGATION TO RESERVE THE DEBTOR'S FUNDS

... satisfying its claims was not lost. Resolving the issue of transferring the complaint for further consideration, the judge of the Supreme Court of the Russian Federation I.A. Bukina pointed out that the creditor was not obliged to directly apply to the bankruptcy ... ... disagreements. Thus, the manager was obliged to reserve funds sufficient for the proportional satisfaction of the creditor's claim. The Federal Tax Service also pointed to the fact ignored by the courts that, at the time of the body's appeal to the court, the creditors' ...

THE COP WILL CONSIDER THE ISSUE OF THE ORDER OF REPAYMENT OF TAX PENALTIES IN THE IMPLEMENTATION OF THE PLEDGE

... 2021 for 414 million rubles. The organization hoped to repay its claims with the sale of collateral for 342 million. But the Federal Tax Service has put forward its demands for the repayment of taxes and penalties for 234 million rubles. Three instances ... ... penalties, they have priority in repayment on a par with taxes. The reasons for the transfer of the cassation appeal to the Supreme Court were not established. Then Agrotorg decided to appeal to the Constitutional Court, believing that paragraph 3 of ...

Sorted by relevance | Sort by date