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

... determining the procedure for repayment of debts on mandatory payments that arose as a result of the continuation of the 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 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 (AS of the East Siberian District), issued on November 9, 2023. From September 2019 to February 2020, assignment agreements were concluded between Khakassetremont ...

THE SUPREME COURT CRITICIZED THE BILL ON THE ORDER OF MANDATORY PAYMENTS

... from Agrotorg Trading House LLC and Sberbank of Russia PJSC for 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 ...

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 to the authorized body, the manager unjustifiably and hastily repaid other claims 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 ...

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

... contract was concluded to repay tax obligations. A criminal case was initiated against the defendant on the fact of non-payment of taxes. He provided a loan to the company (debtor) controlled by him, and the funds received by the legal entity were used to pay ... ... 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

... 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.... ... attention to the following: • The court has completed the procedure for the sale of the debtor's (defendant's) property. The bankruptcy estate also includes a cargo tractor, which was sold by the financial manager as part of the bankruptcy procedure under ...

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

The Constitutional Court of the Russian Federation has accepted for consideration the complaint of LLC TD Agrotorg on the recognition of 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. In its complaint, the organization noted that after the formation of such a position of the Supreme Court, in practice there ...

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