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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 of the Khakassetremont company in its bankruptcy case (No. A74-5439/2020). The applicants asked to cancel the cassation ruling ...

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

... 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 CRITICIZED THE BILL ON THE ORDER OF MANDATORY PAYMENTS

... violation of their rights under clause 6 of Article 138 of the Bankruptcy Law. The applicants questioned not only the collection of VAT and income tax according to the rules of this article, but also the judicial practice on the basis of which property taxes are satisfied. The Supreme Court noted that before these complaints are considered, it is premature to make any legislative decision regarding this rule. • A proposal to assign to the second stage of current payments and to the second stage of the registration requirements ...

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

... body's appeal to the court, the formation of the bankruptcy estate was not completed, and therefore the possibility of 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 trustee with an application for resolving the disagreements that arose, since the judicial proceedings to consider the ...

THE SUPREME COURT WILL CONSIDER THE LEGALITY OF PAYING OFF TAX OBLIGATIONS BY ISSUING A LOAN

... taxes. He provided a loan to the company (debtor) controlled by him, and the funds received by the legal entity were used to pay taxes, as a result of which the criminal case was terminated. The courts of three instances refused to challenge the transaction,... ... criteria of insolvency, as well as the fact that the disputed loan was targeted and aimed at paying off tax obligations. The Supreme Court of the Russian Federation, in its ruling on the transfer, pointed out that the courts had not investigated the arguments ...

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 ...

AFTER THE SALE OF THE BANKRUPT'S CAR, THE DEBTOR IS NOT RESPONSIBLE FOR PAYING THE TRANSPORT TAX

... registered with the traffic police for the defendant, in connection with which he is a payer of transport tax. There is no evidence indicating that the administrative plaintiff has taken measures to remove the vehicle from the registration register. The Supreme Court sent the case for a new hearing (SCAD Ruling of the Supreme Court of the Russian Federation dated 02/29/2024 No. 80-KAD23-8-K6) and drew attention to the following: • The court has completed the procedure for the sale of the debtor's (defendant's) ...

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

... its demands for the repayment of taxes and penalties for 234 million rubles. Three instances satisfied the requirements of the authorized body, explaining that due to the special legal nature of 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 Article 137 of the GOITRE already regulates the repayment of taxes and penalties. It says that they are repaid after the satisfaction ...

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