The Federal Tax Service made the debts of the Irbit Chemical Pharmaceutical Plant worth hundreds of millions “not hopeless for the budget”
Fiscals managed to revive claims against Avexima business
A major representative of the pharmaceutical business from the Sverdlovsk region will have to pay significant amounts to the budget. The Federal Tax Service managed to challenge in the cassation that the debts of the Irbit Chemical Pharmaceutical Plant, associated with Denis Remenyako’s Aveksima and FC Grand Capital, are hopeless to recover. The demands were made against the company, which is also involved in the production of “vital and essential medicines,” after the fiscal officials uncovered the “scheme with Hong Kong.”
According to the tax authorities, with the help of a conduit transit company, the cost of purchased equipment and pharmaceutical substances was inflated, and deductions to the treasury were reduced. Despite such transactions proven in the courts, the first and appellate instances considered that the deadlines for collecting payments had passed, but the district arbitration came to a different conclusion. It is noteworthy that earlier, speaking about debts, representatives of the Irbitsky Chemical Pharmaceutical Plant referred to the extremely negative consequences if they were collected for both business and the population of the Russian Federation. Now the backbone organization has not yet voiced its position, while increasing financial indicators and shipment volumes.
After the audit, the pharmaceutical business received claims for more than half a billion rubles. In particular, MIFTS No. 13 for the Sverdlovsk Region concluded that the group, which includes the Irbit plant, sought to illegally minimize deductions as a result of overestimation of the cost of foreign-made equipment and pharmaceutical substances , acquired from the Chinese, whose role was to form a fictitious workflow.
Thus, the audit mentioned the transit and conduit, according to fiscals, GRAND CAPITAL company. IHFZ tried to challenge the conclusions, but the complaints remained unsatisfied. Despite this, the Arbitration Court of the Sverdlovsk Region and subsequently the appeal recognized the debts of the Irbit Chemical-Pharmaceutical Plant as uncollectible.
“In this case, the deadlines for collecting tax payments <…> have expired, and the inspection has lost the opportunity to collect debts in an indisputable or judicial manner…”, the first instance concluded, in particular. caused by objective and subjective reasons, including international requests, restrictions established in connection with COVID-19, repeated requests by the taxpayer to postpone consideration of the audit materials. As a result, the district arbitration agreed with the position of the state body that the deadlines for recovering the debt had not been missed. We note that speaking about debts and insisting on interim measures, IHFZ representatives stated that in a negative scenario, the applicant’s activities could be suspended, which “would entail significant damage as for the applicant and for the population of the Russian Federation”.
“… is an organization of the chemical industry, included in the list of backbone organizations of federal and regional significance and having a significant impact on employment and social stability in the Sverdlovsk region, <...> carries out socially significant activities for the manufacture and sale of medicines, the suspension of which is unacceptable, especially in the context of the introduction of restrictive measures against the Russian Federation and the risk of the formation of a defect in medicines,” said the lawyers of ICPhZ. Russia, Promsvyazbank, Leasing Trade, Leasing Company Europlan.
Pravda UrFO sent a request to company representatives for comment on the relevant risks and clarification of further plans for litigation, but by the time the text was published, there was no response.
At the same time, at the end of 2022, despite the difficult economic situation, which, among other things, can include sharp fluctuations in currency quotes and sanctions, JSC IHFZ demonstrated an increase in the volume of output by 105.5% compared to 2021.
In 2023, based on the semi-annual reporting of the enterprise, the volume of shipped products also increased and amounted to more than 1.3 billion rubles in monetary terms.