the Lawyer Vyacheslav guests receive called breakthrough position of the Plenum in relations between legal entities. The project also protects the interests of citizens. “In some courts as forgiveness debt is qualified with the discounts offered by corporations, citizens, he says. – This entailed the necessity of taxation of the sums of discounts (which were granted to the Corporation in the sale of goods, works, services to physical persons) tax on income of physical persons as of material benefits (income in kind) individuals. However, the discount entails the establishment of a new sales prices, and the creditor is a Corporation protects its economic interest in attracting more customers and maintaining a high demand for a product or service”.
Often the debts forgiving each other legal entity. “In relations between legal entities is a breakthrough, – said the lawyer. In bankruptcy procedures reduces the chance for qualified debt forgiveness as a gift, and that means lower chance to challenge and cancellation of the transaction. From a tax point of view, the position can influence the revision of the “rampant” practice of the tax authorities to consider debt forgiveness as a gift and levy the amount of the “reduction” of the debt (i.e. the amount or part of the debt that is forgiven by the creditor to the debtor) tax on profit of organizations non-sale income of the debtor.”
In turn, the Advisor of the Federal chamber of advocates Alexander bolomatov, described the project as very interesting. “Prepared the resolution included a number of the positions previously expressed by the Supreme court of the Russian Federation, – he stressed. – With regard to the forgiveness of debt, you have to consider that this topic is related to the established prohibition on donation between legal entities, as well as on the position of the Tax code of the Russian Federation on income”.
In his opinion, one of the objectives of this project was to clarify the possibility of using forgiveness of debt without any negative consequences. “In practice there is a situation where banks could refuse to reduce the interest on deposits due to the fact that this reduction will have a place of forgiveness of debt and will have consequences of a fiscal nature or the will is invalid because of the ban of donation between legal entities, – said the adviser of the IV. In this case, the Supreme court clearly indicated that the decrease of future interest rate on the loan itself a forgiveness of debt is not.”
Also, according to him, interest is a direct indication that the rejection of the claim or part of claims in a dispute the performance of the obligation itself does not imply forgiveness of the debt and shall not terminate the obligation.
After discussion, the draft resolution was sent to the drafting Committee.
