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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,...

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).... ... dispute for a new consideration, the cassation pointed out that the conclusions of the courts that the fine was charged to the debtor in connection with non-payment of tax under the Simplified Taxation System did not correspond to the actual circumstances ...

TAXES CAN ALSO BE SHARED BETWEEN SPOUSES

... context of the constitutionally established obligation of each taxpayer to personally pay taxes established by law is unjustified. The cassation sent the dispute for a new appeal... ... repay a previously issued loan; the other part of the funds was transferred by the debtor to his own account and subsequently spent on purchases in grocery stores, children's... ... from ATMs immediately after receipt. Transfers were also made to third parties. The courts also did not evaluate the manager's argument that the debtor did not provide...

LET THE MANAGER ARCHIVE THE DEBTOR'S DOCUMENTATION HIMSELF

As part of the bankruptcy case, the Federal Tax Service (FTS) filed an application for recovery of losses from the manager, including on the grounds of exceeding limits. The manager appealed to the court with a counter-application for recognition of expenses beyond the limits as justified (case no. A35-6739/18). The first instance partially satisfied both applications, based on the following: The court found justified the arguments of the tax ...

THE DISTRICT COURT DEALT WITH THE ORDER OF TAX CLAIMS IN THE BANKRUPTCY OF A CITIZEN

As part of the bankruptcy case (No. A76-32625/22), the tax service applied for inclusion of the claim in the debtor's register. The courts of two instances satisfied the application, partially including the requirement in the second stage of the register, partially in the third stage. The courts were guided by the fact that claims regarding the amount of arrears in personal income ...

CASSATION SAVED BANKRUPTS FROM EXTRA TAXES

The First Cassation Court of General Jurisdiction, in the framework of a review of judicial practice (case 88a-3378/2023), explained that in the case of the sale of the debtor's real estate at bankruptcy auctions, he does not have the opportunity to re-register the property himself, if neither the buyer nor the arbitration manager did this. Accordingly, the property tax in this case significantly harms the debtor's property ...

THE DISTRICT COURT FOUND THE TRANSACTION SUSPICIOUS ON THE EVE OF A TAX AUDIT

In the framework of the bankruptcy case (no. A63-14787/18), the debtor's creditor (tax) applied to the court to challenge the debtor's transactions, indicating that they were committed in the presence of the debtor's insolvency - between affiliated persons and with the intention to harm creditors. The courts of the first and appellate instance recognized ...

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

... 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 in the amount of 1.09 million was included by the applicant in the category of insurance premiums. The remaining amount consists of arrears in tax payments, penalties and fines. A ...

TAX AUTHORITIES INITIATE BANKRUPTCY OF AN IT COMPANY IN TATARSTAN

... 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 the Inco-Tek ...

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 ... ... data at the beginning of May 2024, the company owed the tax authorities about 3.5 million rubles. A significant part of the debt is value added tax.

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