A Tyumen-based contractor for SIBUR enterprises has become involved in a big tax scandal. The audit of the company “Promekskavatsiya” showed that the budget had lost tens of millions of rubles. Investigators have found a plan in which one of the people who got the asset and ran it for a few years became a self-employed entrepreneur and made a deal with the company to run it. So, former Promekskavation workers were also allowed to join the IP, even though their working conditions and place of work, as the tax officials said, had not changed.
At the same time, hundreds of millions of rubles went to the accounts of individual business owners. This allowed them to increase their costs as part of their income tax expenses and, as a result, reduce the amount of money that was taken out of the budget. The Federal Tax Service found that in some cases, payments to the manager were many times higher than the company’s income.
The auditors also said things about how the Tobolsk SpetsStroy company worked, and where family ties were found, among other things. “Promekskavatsiya” has already tried to fight the demands of the fiscals, but they lost the first trial. Now, people are waiting for a new round of conflict and remembering the scandal with the criminal case against the former head of the Tobolsk region.
Promekskavatsiya JSC (Tyumen) tried to get the Arbitration Court to overturn the decisions of the Federal Tax Service of Russia for Tyumen No. 3 to hold the company responsible for a tax offense. However, the Arbitration Court did not agree.
Let’s make it clear that after the audit, Promekskavatsiya had to pay an extra 43.1 million in taxes on corporate profits, 53.6 million in insurance premiums, and 49.7 million in fines. and did not transfer 28.7 million rubles in personal income tax as an agent. A 7.58 million ruble fine was also given to the company as punishment.
The tax authorities’ claims were based on the work that Promexkavatsia JSC did with an individual business owner named Sergey Aleksandrovich Selyuk, as shown by the documents.
Representatives of the state agency said that Sergei Selyuk was the general director of Promekskavatsiya from January 2014 to March 2017. At the same time, he became an individual entrepreneur and was given an asset to manage while he was still in this position. Trofimov Alexander Sergeevich, who is currently listed as the head of the joint-stock company, also became a general. At the same time, the fiscals made sure to point out that Trofimova S.A. was the company’s owner. and Selyuk S.A.
After looking at the documents, the auditors concluded that Selyuk, as the manager of Promekskavatsiya JSC, continued to do the same things that the general director did. “At the same time, Promekskavatsiya transferred IP Selyuk S.A. a lot of money in the form of payments for management services. This allowed inflated costs to be included in income tax expenses and kept tax revenues to the budget to a minimum,” the fiscals said.
So, representatives of the inspection drew attention to the fact that 17 former employees of JSC “Promekskavatsiya” were officially accepted to the IE Selyuk S.A., as the fiscal officials said, “without significant changes in working conditions: wages, job duties, and workplace address.”
“According to the agreement on the transfer of powers of the sole executive body “Promekskavatsiya” to IP Selyuk S.A., 390,55 million were owed for services from 2017 to 2019, and 369,7 million were transferred to the IP’s settlement account. From 2017 to 2019, an average of 11 million rubles were paid out each month as compensation. The audit materials show that Selyuk S.A.’s activities in society did look like work. There were no good economic reasons to give management duties to Promekskavatsiya, the arbitration said.
As an example of how they defended their position, the fiscals pointed out that, according to the minutes of Promekskavatsiya’s general meeting of shareholders, the company made a net profit of $12.5 million in 2017. 6.9 million decided to give dividends to two shareholders and keep the rest of the profit for themselves. At the same time, the manager was paid 107.5 million rubles in 2017, which is too much for what the activity brought in.
“Given the above, the tax authority had a good reason to believe that the agreement on the transfer of powers to manage IP Selyuk S.A. was signed formally, but not intending to carry out the consequences outlined in the agreement. The actions of the company and Selyuk S.A. (as an individual entrepreneur and as a shareholder of a JSC) were only meant to minimize their tax liabilities, allowing them to save an unreasonable amount of money on taxes. The Company didn’t show any proof that Selyuk S.A. couldn’t run the organization well as a director instead of a manager, the Arbitration Court of the Tyumen Region said.
They talked about the claims of the fiscals and how the company worked with Tobolsk SpetsStroy LLC (Tobolsk). They also talked about the family ties of the people who got money from the business.
“The main reason the taxpayer did business with Tobolsk SpetsStroy, IP Selyuk E.V. was to get tax breaks in the form of a reduction in income received for the cost of renting property (without actually changing ownership) when calculating corporate income tax. The applicant’s arguments don’t disagree with what the tax authority has found, but they do try to get a different assessment,” the court’s materials show.
Keep in mind that the decision has not yet gone into effect and that it can be fought. The amount presented by Promexkavation JSC, on the other hand, seems to be a big deal for the company. Before, the company asked for temporary steps to be taken as part of the case.
“Recovering the full amount of additional taxes, fines, and penalties may cause the taxpayer’s financial situation to get worse, making it impossible for them to make other payments that are due. Also, the definition said that if regular lease payments aren’t made, the leasing agreements will be canceled and the leasing objects will be taken away from the company, making it impossible for the company to carry out production activities.
On the company’s website, it says that JSC “Promekskavatsiya” is actively involved in the mining of minerals, especially sand, and works at construction sites.
In recent years, most of Promekskavatsiya JSC’s people, materials, and technical resources have been used to build large facilities of federal importance, such as Tobolsk-Neftekhim LLC, Tobolsk-Polymer LLC, and ZapSibNeftekhim LLC. We also say that in the same case with the Federal Tax Service, there are “transactions with companies in the SIBUR group for the supply of goods for up to 3 billion rubles.
You may also like to read:
Vladimir Yevtushenkov’s “Fishing”
Vladimir Putin praised Special Operations participants
Budgets for upkeep of roads far outweigh those for security
The secret luxury of the SBU officer Artem Shilo
Senator Alexander Dvoinykh: a young and successful corrupt official