Photo: Catherine Lyzlov / RIA Novosti
The Federal tax service (FNS) wants to take gifts from children due to debts of their parents, the case will be heard by the judicial panel for economic disputes of the Supreme court. Writes about this family-owned Demyan Kudryavtsev, the newspaper “Vedomosti”.
FNS will attempt to collect the debt with two sons and wife of Director General of “Alliance” Vadim Smilovskeho. It is reported that in December 2017, after the company went bankrupt, children were presented with eight properties and two vehicles.
The arbitration court of Moscow acknowledged that the company Smilovskeho used the controlled company owned by his wife, for the execution of government contracts. The result is savings on taxes, the money was withdrawn, and the company owes 311,7 million, mostly tax service. The courts of three instances dismissed the claim against the children, as at the time of the transaction the sons were under 18.
Lawyer Dmitry Tugushi said that if a person had no relationship to the company-debtor, you will not be able to defend themselves and defend their property. He added that FNS should or right to challenge the transaction of gift, or to start the procedure of personal bankruptcy parents. In his opinion, it is necessary to prove that the debtors knew about the threat of bringing them to subsidiary responsibility.
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