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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

The Federal Tax Service (FTS) appealed to the court with an application for resolving disagreements on the order of satisfaction of ... ... 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 SUPREME COURT CLARIFIED THE MANAGER'S OBLIGATION TO RESERVE THE DEBTOR'S FUNDS

The Federal Tax Service appealed to the court with a demand to recognize the actions of the bankruptcy trustee as illegal. According ... ... 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 ...

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

... clause 6 of Article 138 of the Bankruptcy Law as inconsistent with the Constitution of the Russian Federation. In 2021, the Supreme Court based its position on this provision of the GOITRE, according to which taxes accrued on such property during production are primarily repaid at the expense of proceeds from the sale of collateral. ... ... 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 ...

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