Competition of Tax and Bankruptcy Laws in Respect of Penalties and Moratorial Interest Charged on the Amount of Arrears

Abstract

The legal regulation of bankruptcy of Russian organizations attracts the attention of authors of numerous publications, while research is more focused on theoretical and practical issues that arise during the application of bankruptcy law and less often affect the legal regime of taxation in bankruptcy. The problems of correlation of legislation on taxes and fees with the competition legislation have so far not become the subject of an independent comprehensive study, some issues are considered occasionally when analyzing certain problems. The author dwells on the problem of the correlation of legislation on taxes and fees and bankruptcy legislation in relation to the accrual of penalties and moratorium interest on the amount of arrears. In order to harmonize the current rules for calculating penalties and observing the principles of tax law, the author proposes to fix the clause "unless otherwise provided by the legislation on bankruptcy" in Art. 75 of the Tax Code of the Russian Federation. Besides, the author offers to additionally name penalties in the Bankruptcy Law, even if in a different amount than established by the Tax Law, as a form of security for claims on mandatory payments. The implementation of this proposal will not change the order of interest accrual (penalty interest) and the procedure for settlements with creditors in a bankruptcy case, but will increase the legal technique of the law and mitigate the conflicts of interpretation of the relevant terms.