The Arbitration Court of the Chelyabinsk region recognized as legitimate the decision of the Russian Federal Taxation Agency for the largest taxpayers of the region in relation to OJSC Makfa on additional charge of income tax, penalties and fines for a total amount of 143.6 million rubles. In December 2016, the fiscal body brought the company to justice, having found guilty of committing a tax offense. "Makfa" three times tried to suspend the resolution, but the court found no reason to take interim measures, because "in the company's turnover there is enough money to pay the amount." The company refused to comment on the appeal of the court decision, stressing that challenging the actions of tax authorities are "working moments" of the enterprise.
The Arbitration Court of the Chelyabinsk Region denied OJSC Makfa in satisfying the claims to the interdistrict IFTS of Russia for the largest taxpayers in the region. The company demanded to recognize as illegal the decision of the fiscal body of December 26, 2016 to hold accountable for the commission of a tax offense with regard to additional charging of taxes, penalties and fines. In particular, "Makfu" was obliged to pay corporate profit tax in the amount of 106.7 million rubles., Tax penalties of 21.7 million rubles. and a fine of 15.2 million rubles. On May 28, the court found the resolution of the MIFN legal, completely refusing to satisfy the claims of the plaintiff. The resolution part of the court decision is published in the file of arbitration cases.
The company filed an application in April 2017. According to the materials of the case, "Makfa" tried to suspend the action of the contested act three times, submitting the corresponding petitions. In substantiation of the need to take interim measures, the plaintiff indicated that the recoverable amount "is disproportionately large in relation to its income and the size of its tax obligations, as well as to the magnitude of its civil obligations." "The use of enforcement measures will entail significant negative consequences in the form of suspension of production, inability to pay wages, the need to pay contractual penalties to counterparties, loss of trust and business reputation," the case reads.
JSC "Makfa" - one of the largest producers of flour, pasta and cereals in Russia, owned by the family of the former governor of the Chelyabinsk region and State Duma deputy Mikhail Yurevich. In August 2017, it became known that the father of the ex-head of the region, Valery Yurevich, transferred his share of McFee's shares to the Cyprus company Rantip Invest Limited.
According to SPARK-Interfax, Mr. Yurevich's share was 71.42% (19.29% belong to Natalia Yurevich). According to the financial statements for 2016, the company's revenue was 16.6 billion rubles, net profit 1.2 billion rubles, fixed assets 2.8 billion rubles, current assets - 6.1 billion rubles,
Recall, the IC of the Russian Federation investigates several criminal cases against Mikhail Yurevich: in receiving bribes from South Ural businessmen for a total amount of 3.4 billion rubles. for "the actions entering into his official powers, and the general patronage", the receipt of bribes for 26 million rubles. from the Minister of Health of the Chelyabinsk region Vitaly Teslenko (in 2014 he was sentenced to 7 years for bribes), as well as the incitement of his first deputy Oleg Grachev to disseminate calumnies about the activities of the chairman of the Chelyabinsk regional court, Fedor Vyatkin. Currently, Mr. Yurevich is on treatment in the UK.
The representative of MIFNS expressed in the court opinion that there are enough funds in the company's turnover to collect the tax: according to the tax reporting, the financial condition of the enterprise is stable and does not deteriorate throughout 2014-2016, the share of the debt to the budget for the challenged decision of the tax authority is 0, 86% of total revenue for 2016.
The Court considered that the evidence provided was insufficient for the adoption of interim measures. "The applicant's arguments about the possibility of causing significant damage to the court can not be taken into account, since the recovered amount for the enterprise is insignificant, in the turnover of the enterprise there is enough money to pay it. In addition, the amount can be paid at the expense of the profit received by OJSC "Makfa" for 2016, without causing any economic damage to the enterprise and diversion of funds from economic circulation, "the case materials. According to the court, the adoption of interim measures would violate the balance of interests of the parties in favor of "McPhee". As a result, 143.6 million rubles. recovered from the company before the completion of the trial. During the proceedings in the case, the company also filed an application for judicial economic examination, however, the plaintiff was also refused.
"We do not see any sensation in this event. All businesses once sued the tax inspectorate: once they win, they once lose. The same situation is with McFa. All these actions are carried out within the framework of the law. The right to tax is something to recover, if it so considers it necessary, the right of enterprises to challenge or not to challenge, "the representative of the enterprise Yulia Bobyleva said, leaving the question of appealing the decision without comment." This is the commercial legal activity of the enterprise, these are working moments, we will leave them without comment. How we will build relations with the tax and courts are our internal affairs. " The question of how the withdrawal of this amount affected the enterprise, Mrs. Bobyleva also left unanswered.