The business of the family of the ex-governor of the Chelyabinsk region, Mikhail Yurevich, was again at the center of the Federal Tax Service's attention. As the fiscal authorities established, shortly after registration in the offshore jurisdiction of Rantip Invest Limited, to which the shares of the family business - Makfa JSC, were transferred - the foreign company received large dividends. The holding allocated over 8 billion rubles for payments. However, as the tax authorities point out, the money went further in transit from the Cypriot organization to the accounts of Valery Yurevich and Natalya Yurevich, and after that, in particular, to a foreign company and to Russian structures also associated with the former politician's family. The latter, at all, at the expense of these funds, extinguished some obligations to McFa. The scheme was opened after Rantip Invest Limited decided to inform the tax authorities about the need to return part of the funds received to the budget. However, the state agency did not agree with this position, and the conclusions about possible abuses have already been confirmed by the first instance, recalling other tax violations of the well-known Yurevich holding.
Rantip Invest Limited (Cyprus), to which the shares of JSC Makfa were transferred, lost major litigation to the tax authorities. As follows from the materials of the court, the foreign company filed an application for refund of taxes withheld from dividends and interest from sources in the Russian Federation to the MIFNS No. 48 for Moscow and the MIFNS No. 5 for the largest taxpayers No. 5.
“... Applications were submitted for the return of income tax withheld by the Makfa agent <...> in the amount of 356.8 million rubles and 63.2 million rubles, for the second quarter of 2017 <...> in the amount of 1.16 million, 3, 4 quarters of 2017 <...> in the amount of 88 million rubles on the basis of subparagraph "b" of paragraph 2 of Article 10 of the Agreement between the Government of the Russian Federation and the Government of the Republic of Cyprus dated 05.12.1998 and paragraph 2 of Article 312 of the Tax Code of the Russian Federation ", - follows from the documents of arbitration.
However, the fiscal authorities refused the Cypriot company, which was the reason for the latter to go to court. Arguing its position, the government agency pointed to signs of good conduct in the activities of Rantip Invest Limited, which, according to the tax authorities, was not the actual recipient and distributor of income from Makfa, which means that it had no right to claim refunds and preferential tax treatment.
In support of this conclusion, made during the audit, a whole list of remarkable circumstances was indicated. First, Rantip Invest Limited was registered shortly before the payment of dividends by Makfa and, according to the response of the Cyprus tax authorities, for example, in 2017 it did not pay taxes due to losses.
In addition, as indicated in the court, with reference to information from the competent authorities of Cyprus, in 2017-2018 Rantip Invest Limited "had no employees, except directors." Bank statements, in turn, showed the absence of transactions on accounts related to the company's other (economic) activities.
At the same time, dividends paid by Makfa JSC amounted to billions of rubles. “The accumulated retained earnings of previous years are paid not to the shareholders of Makfa JSC, who owned the company during the periods of profit formation, but to a new foreign company. <...> Dividends were paid out of retained earnings of previous years in 2017 in the amount of 524.1 million and in 2018 in the amount of 7.89 billion rubles. <...> As a result, a significant amount of retained earnings of previous years, formed before 01/01/2017, was directed by shareholders to pay dividends after the Cypriot company Rantip Invest Limited became the owner of the company, ”follows from the proceedings.
At the same time, the fiscal officials pointed out that the company did not actually invest foreign capital in the Russian organization, "on the contrary, the main block of shares of Makfa JSC was invested in the property of the Cypriot company by the shareholder Valery Mikhailovich Yurevich" - the father of the ex-governor of the Chelyabinsk region Mikhail Yurevich, who is hiding abroad and accused of receiving multi-billion dollar bribes.
“According to the register of the registrar of companies, the shareholders of Rantip Invest Limited were 2016-2017 Valery Mikhailovich Yurevich (100% ownership), 2017 - present - Natalya Yurevich (85% ownership) and Valery Mikhailovich Yurevich (15% ownership). According to the financial statements for 2017, the income of Rantip Invest Limited was formed entirely from dividends received from the Russian companies Makfa JSC and Perviy Khlebokombinat JSC, which are dependent to each other and to the applicant through V.M. Yurevich. and Yurevich N.Ye ", - added representatives of the state agency.
Also, during the audit, the transit nature of the transfer of funds was noted. So, according to the data provided to the court, the money received by Rantip Invest Limited to a bank account for 2017-2018 from Makfa JSC was used to pay dividends and other payments to individuals Yurevich Valery Mikhailovich and Yurevich Natalya Evgenievna.
“... The funds received by Rantip Invest Limited to an account with an Austrian bank for the 4th quarter of 2018 <...> from Makfa JSC in the total amount of USD 8 million were transferred on December 27, 2018, also as dividends to the settlement accounts of V.M. Yurevich ... and Yurevich N.E., who on the next day (28.12.2018) transfer the received funds of the company Ashabay Holdings Limited, registered in the British Virgin Islands, to the accounts of the interdependent organizations LLC Rodnik, LLC Hotelstroy, LLC UM Shkolnik ”, opened in Russian banks in the form of loans in the total amount of 106.92 million euros. When analyzing transactions on the settlement accounts of these Russian legal entities, it was established that the funds received by them in the form of loans, after their transfer to rubles, are transferred to the settlement accounts of Makfa JSC in the form of loan repayments, "follows from the case file.
As a result, the court, having studied all the circumstances, and, in particular, the materials of the proceedings of "Makfa" with the tax authorities of the Chelyabinsk region, which were reported in detail by "Pravda Ural Federal District", came to the conclusion about the validity of the tax decision.
“At the same time, the abuse on the part of the applicant and the actual shareholders of Makfa JSC consists in the payment of dividends accumulated for past tax periods through a conduit foreign company, while in accordance with Russian legislation, individual shareholders would pay 13% of personal income tax upon payment of dividends in those tax periods to which they relate, "- emphasized the arbitration.
Rantip Invest Limited tried to insist that the payment of dividends led to the receipt of taxes in the budget, and this circumstance cannot be assessed as unfair behavior. However, the court also disagreed with this argument, indicating that the payment was followed by "an attempt by an unauthorized person to take the money."
Note that the decision has not come into legal force at the moment, there is no data on the appeal in the file.
Rantip Invest Limited (Cyprus), to which the shares of JSC Makfa were transferred, lost major litigation to the tax authorities. As follows from the materials of the court, the foreign company filed an application for refund of taxes withheld from dividends and interest from sources in the Russian Federation to the MIFNS No. 48 for Moscow and the MIFNS No. 5 for the largest taxpayers No. 5.
“... Applications were submitted for the return of income tax withheld by the Makfa agent <...> in the amount of 356.8 million rubles and 63.2 million rubles, for the second quarter of 2017 <...> in the amount of 1.16 million, 3, 4 quarters of 2017 <...> in the amount of 88 million rubles on the basis of subparagraph "b" of paragraph 2 of Article 10 of the Agreement between the Government of the Russian Federation and the Government of the Republic of Cyprus dated 05.12.1998 and paragraph 2 of Article 312 of the Tax Code of the Russian Federation ", - follows from the documents of arbitration.
However, the fiscal authorities refused the Cypriot company, which was the reason for the latter to go to court. Arguing its position, the government agency pointed to signs of good conduct in the activities of Rantip Invest Limited, which, according to the tax authorities, was not the actual recipient and distributor of income from Makfa, which means that it had no right to claim refunds and preferential tax treatment.
In support of this conclusion, made during the audit, a whole list of remarkable circumstances was indicated. First, Rantip Invest Limited was registered shortly before the payment of dividends by Makfa and, according to the response of the Cyprus tax authorities, for example, in 2017 it did not pay taxes due to losses.
In addition, as indicated in the court, with reference to information from the competent authorities of Cyprus, in 2017-2018 Rantip Invest Limited "had no employees, except directors." Bank statements, in turn, showed the absence of transactions on accounts related to the company's other (economic) activities.
At the same time, dividends paid by Makfa JSC amounted to billions of rubles. “The accumulated retained earnings of previous years are paid not to the shareholders of Makfa JSC, who owned the company during the periods of profit formation, but to a new foreign company. <...> Dividends were paid out of retained earnings of previous years in 2017 in the amount of 524.1 million and in 2018 in the amount of 7.89 billion rubles. <...> As a result, a significant amount of retained earnings of previous years, formed before 01/01/2017, was directed by shareholders to pay dividends after the Cypriot company Rantip Invest Limited became the owner of the company, ”follows from the proceedings.
At the same time, the fiscal officials pointed out that the company did not actually invest foreign capital in the Russian organization, "on the contrary, the main block of shares of Makfa JSC was invested in the property of the Cypriot company by the shareholder Valery Mikhailovich Yurevich" - the father of the ex-governor of the Chelyabinsk region Mikhail Yurevich, who is hiding abroad and accused of receiving multi-billion dollar bribes.
“According to the register of the registrar of companies, the shareholders of Rantip Invest Limited were 2016-2017 Valery Mikhailovich Yurevich (100% ownership), 2017 - present - Natalya Yurevich (85% ownership) and Valery Mikhailovich Yurevich (15% ownership). According to the financial statements for 2017, the income of Rantip Invest Limited was formed entirely from dividends received from the Russian companies Makfa JSC and Perviy Khlebokombinat JSC, which are dependent to each other and to the applicant through V.M. Yurevich. and Yurevich N.Ye ", - added representatives of the state agency.
Also, during the audit, the transit nature of the transfer of funds was noted. So, according to the data provided to the court, the money received by Rantip Invest Limited to a bank account for 2017-2018 from Makfa JSC was used to pay dividends and other payments to individuals Yurevich Valery Mikhailovich and Yurevich Natalya Evgenievna.
“... The funds received by Rantip Invest Limited to an account with an Austrian bank for the 4th quarter of 2018 <...> from Makfa JSC in the total amount of USD 8 million were transferred on December 27, 2018, also as dividends to the settlement accounts of V.M. Yurevich ... and Yurevich N.E., who on the next day (28.12.2018) transfer the received funds of the company Ashabay Holdings Limited, registered in the British Virgin Islands, to the accounts of the interdependent organizations LLC Rodnik, LLC Hotelstroy, LLC UM Shkolnik ”, opened in Russian banks in the form of loans in the total amount of 106.92 million euros. When analyzing transactions on the settlement accounts of these Russian legal entities, it was established that the funds received by them in the form of loans, after their transfer to rubles, are transferred to the settlement accounts of Makfa JSC in the form of loan repayments, "follows from the case file.
As a result, the court, having studied all the circumstances, and, in particular, the materials of the proceedings of "Makfa" with the tax authorities of the Chelyabinsk region, which were reported in detail by "Pravda Ural Federal District", came to the conclusion about the validity of the tax decision.
“At the same time, the abuse on the part of the applicant and the actual shareholders of Makfa JSC consists in the payment of dividends accumulated for past tax periods through a conduit foreign company, while in accordance with Russian legislation, individual shareholders would pay 13% of personal income tax upon payment of dividends in those tax periods to which they relate, "- emphasized the arbitration.
Rantip Invest Limited tried to insist that the payment of dividends led to the receipt of taxes in the budget, and this circumstance cannot be assessed as unfair behavior. However, the court also disagreed with this argument, indicating that the payment was followed by "an attempt by an unauthorized person to take the money."
Note that the decision has not come into legal force at the moment, there is no data on the appeal in the file.
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