Subsidiary liability for tax offenses

Subsidiary liability for tax offenses

  • IT Successfully
    Subsidiary liability for tax offenses

    Judicial protection in the case of bringing to subsidiary liability

    Client was involved in a case for subsidiary liability for the obligations of a debtor in liquidation as a defendant

    • Purpose

      Representing a former manager of a company in arbitration court in a case for bringing him to subsidiary liability

    • Employee involved

      Andrey Solomyany

    • Process description

      Bankruptcy trustee claimed vicarious liability of the former CEO and participant of the company in liquidation on the grounds that the transactions had caused substantial harm to the property rights of the creditor and failure to fulfill the obligation to apply to the court for bankruptcy of the company headed. Tax Compliance experts developed a defense stance substantiating the absence of grounds for bringing the Client to subsidiary liability and refuting the applicant's arguments

    • Result

      The court refused to bring the company's general director to subsidiary liability because of an absence of evidence of the corpus delicti in the actions of the debtor's former general director

  • Construction Successfully
    Subsidiary liability for tax offenses

    The client is interested in the analysis of potential risks of bringing individual individuals to subsidiary liability

    • Duration

      Preparation of an expert opinion with an assessment of the risks of subsidiary liability

    • Purpose

      Preparation of an opinion with an analysis of the risks of bringing individuals to subsidiary liability for the company's obligations and possible mechanisms to reduce these risks

    • Process description

      An on-site tax audit was conducted in relation to a construction company. The transactions with "unscrupulous" counterparties were the subject of the audit. The client contacted Tax Compliance to assess the risks of bringing individuals who participated in the management of the audited company to subsidiary liability and possible actions to mitigate these risks

    • Result

      After analyzing the documents and information provided, Tax Compliance consultants prepared an expert report describing the risks of bringing the interested individuals to subsidiary liability for the obligations of the company subject to a field tax audit, as well as recommendations for specific steps to mitigate such risks.