A former top manager of Mail.Ru got a "parachute" of $1.7 million for one-year's work

The creator of one of the largest Internet companies, Game Insight, Igor Matzanyuk received a "golden parachute" of $1.7 million while leaving Mail.ru in 2010. It has been revealed only recently, during the company's litigation with the Federal Tax Service.
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That Matzanyuk, leaving in 2010 from Mail.Ru Group, received the "golden parachute" RBC learned by studying the materials of the trial of Internet holding company with tax. The decision of the Moscow Arbitration Court of the dispute was published on the website of arbitration in April. From this it follows that Matzanyuk, who served as president of the company-developer of games IT Territory (OOO "IT Territory", is part of Mail.Ru Group), to terminate the employment contract in 2010, he received from the internet holding multimillion compensation. "Golden parachute" size was $ 1.7 million.

The materials of the Court states that the care Matzanyuk of the company "the parties have agreed on payment by the employer to the employee funds in the amount of ruble equivalent of 1,724,138 US dollars at the exchange rate of the Russian ruble Bank of Russia on the date of payment", appears in the documents. Thus, Igor Matzanyuk then received by Mail.Ru Group about 53 million rubles. (At the rate of 30.8 rubles. Per dollar, the Central Bank of 12 July 2010).

"Meyl.Ru Geymz" (game unit Mail.Ru Group Holding) has entered into an employment contract with Igor Matzanyukth April 16, 2009, and July 12, 2010 the parties terminated it. According to the agreement, spelled out in the contract (given in the claim documents), IT Territory Matzanyuk had to pay two-thirds of the amount of the ruble equivalent of $ 1.7 million within five days from the date of signing the agreement on the dismissal, the remaining amount - not later than 370 days.

In the same manner, and the company has terminated the employment contract with the CEO of IT Territory Alexander Vashchenko, who was dismissed from 4 August 2010 to the parties' agreement. Fee Vashchenko not listed in the document, but a total "Meyl.Ru Geymz" payments to former employees of 57.8 million rubles., Follows from the case. On the basis of the amount of $ 1.7 million, which was ceded Matzanyuk, we can assume that Vashchenko could get a little less than 5 million rubles.

On the sum of these payments Mail.Ru Group has reduced their income when calculating income tax in 2010. With this and the associated legal proceedings the company with tax authorities. According to the opinion of the Federal Tax Service, the holding is not paid in addition to the treasury of about 11.6 million rubles., The materials on the site of arbitration.

The essence of the dispute:

In June 2014 Russian Federal Tax Service Inspectorate about №14led checks "Meyl.Ru Geymz" "for the timely transfer of taxes for the period from 1 January 2010 to 31 December 2012. The audit Revenue Service ruled that "Meyl.Ru Geymz" should not only pay tax on the profit of 11.6 million rubles., And a fine of 612 thousand. Rub.

The company did not agree with this calculation, and filed a lawsuit to the Russian Federal Tax Service Inspectorate № 14, asking the court to annul the decision of the inspection. But the Moscow Arbitration Court dismissed the company completely in the suit: the court found that the company did not have to pay the VC Luciano "golden parachute" "of the wage system", as it does not motivate employees to continue working, paying themselves were arbitrary and does not It was registered in the employment contract or additions thereto.

Profit organization is the proceeds that accrue to the company, less documented and economically justified costs, explains lawyer law office "Pleshakov, Ushkalov and partners" Dmitry Kukshina. "In this dispute, just stood inIt grew about whether the "golden parachute" economically justified costs. If so, the amount of tax on profit for the company will be lower, if not - then higher, "- he said.

"Meyl.Ru Geymz" refers to the fact that the employment relationship with Matzanyuk and Vashenko been terminated "in connection with the completion of Mail.Ru asset consolidation and preparation for the IPO", - follows from the judicial records. In determining the amount of compensation the company took into account the results of the employees' dismissal, the amount of their average earnings, as well as other factors that could have an impact on the activities of the company after their dismissal. However, as noted in the case file, "Meyl.Ru Geymz" failed to provide objective data on the ratio of the amount of compensation paid and the work of the results of the dismissed employees, the court decided.

Compensation paid to top managers at their dismissal - a common business practice, says Kukshina. Every time before the companies raises the question, to consider whether such compensation when determining the taxable base for income tax, the expert continues. evaluation of eECONOMIC reasonableness of such costs is difficult to give, so at the level of the courts established practice excluded from the costs of compensation such as "economically unjustified", said Kukshina. "In the case of Mail.Ru and other large companies is not correct to speak about the economic feasibility of expenses, and that for them the payment of" golden parachutes "is a part of the image, allowing to attract the best talent management positions," - added the lawyer.

"Parachute" Size

Mail.Ru - public but not state-owned, so it is right to pay such "golden parachutes" that the board deems necessary, says partner of the Moscow office of Odgers Berndtson Daniel Fisher. According to him, $ 1.7 million - "an adequate figure." If there was a state company Mail.Ru, to the size of incentive payments would be questions. Otherwise, agreements on such payments to top managers are individual and non-binding, the expert said.

The state-owned companies have been trying to implement more generous youbattens. For example, in March 2013 the Board of Directors of "Rostelecom" approved the early retirement of Alexander Provotorova, at the time president of the company, and pay him a "golden parachute" of $ 200 mln. This amount was the largest compensation among state-owned managers. Minority shareholders of "Rostelecom" and the Federal Property Management Agency filed a lawsuit, which demanded a return to "parachute". With their position agreed Arbitration Court of St. Petersburg and the court of appeal, but the decision was overturned on appeal. In late 2014 Provorotov still returned "Rostelecom" 200 million rubles.

"Golden parachutes" for a total amount of 32 million rubles. We are trying to get Ilya and Igor Perekop with his former employer - the social network "VKontakte" (owned by Mail.Ru Group). Brothers held the company positions as vice president and CFO, respectively. In June 2014 Perekop filed lawsuits to "VKontakte": they insisted that they were entitled to restitution under the terms of employment contracts. But at the trial it became known that the signature of the then director general of the social network of Paul Dbreaker failure protection on these documents were forged. As a result, not only the brothers withdrew claims for additional payments, but also to compensate for the new leadership of "VKontakte" costs associated with their personal expenses at a time when they were working in the company.

Igor Matzanyuk in 2003 invested in the creation of a network game "Territory" of $ 300 thousand and became the co-founder of game developer IT Territory:. It owned 35% of the company. In 2007, the company entered into a holding company Astrum Online Entertainment, and became part of Mail.Ru Group since 2010. During IPO Mail.Ru Group in November 2010 Matzanyuk received for its stake (1.6%) more than $ 80 million. In 2011, the investment company founded businessman IMI.VC, which has invested in mobile game developer Game Insight, and later launched a factory startups Farminers. Game Insight - ceychas is one of the largest Internet companies, according to Forbes (seventh place in the top 10 for 2014). Its staff consists of 900 employees and annual revenues exceeding $ 100 million.

Mail.Ru Group representative declined to comment. Igor Matzanyuk could not talk with RBC correspondent.