The Supreme Court ordered the courts to be more careful in calculating the penalty in bankruptcy

Russia’s Supreme Court has ruled that courts must scrutinize the amount of recovery from company owners in their bankruptcy cases more carefully. In particular, when calculating debt, the courts must take into account the amount that the company had to pay before applying the optimization scheme in connection with bankruptcy, follows from the definition (.pdf) of the Armed Forces of the Russian Federation, which drew attention Forbes.

The Supreme Court determined its position on the basis of a complaint by the owner of Road Company LLC Vladimir Nikolsky. According to the definition of the case, he and his business partner Boris Kryukov were held liable for 54.7 million rubles. in the bankruptcy case of the timber industry company (LPK) Lesprom.

Entrepreneurs resorted to the artificial splitting of Lesprom into two companies (one of them is Road Company) in order to apply a simplified taxation scheme, but the tax inspectorate recalculated Timber Industry’s obligations under the general taxation regime, recovering 53 million rubles from it.

The Supreme Court determined that the tax authorities had charged Lesprom with taxes, which they had already paid from the total revenue of the Road Company. The service did not take into account that the companies were artificially divided, and calculated more taxes than it should be under the law, follows from the definition.

Erdni Kagaltynov