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Providing compensation

Posted: Sun Jan 19, 2025 9:56 am
by Maksudasm
Providing deferral and installment payments

if the interested party finds itself on the verge of bankruptcy if it makes a one-time payment to the tax authorities;

the financial status of the interested party (excluding tax-exempt property) does not allow for the payment of the tax in one lump sum;

the production and (or) sale of goods, works or services by the interested party is of a seasonal nature;

This list of grounds is considered closed. You can get a deferment or installment plan for payment of one or more debt obligations.

Providing compensation
Severance pay is a overseas chinese in worldwide data payment that can be used to settle any obligations. This may be not only money, but also services, property, etc., according to the information letter of the Presidium of the Supreme Arbitration Court of the Russian Federation dated 21.12.05 No. 102 "Review of the practice of applying Article 409 of the Civil Code of the Russian Federation".

It is possible to imagine that the buyer is unable to pay for the goods, and therefore is allowed to provide some useful service to the seller. It may also happen that the contractor is unable to close his obligations to the customer, and therefore is forced to make a compensation in the form of money.

Some people confuse a novation agreement with compensation. In the first case, the obligations do not disappear, they are simply replaced by others, and in the second case, they are completely extinguished. For example, the transfer of one's bill of exchange in exchange for the fulfillment of contractual obligations cannot be considered compensation, since a bill of exchange is nothing more than a promise to pay. It turns out that one debt is simply replaced by another, which contradicts the essence of compensation. This is novation of debt. But if the bill of exchange belongs to the bank, then the obligations are considered extinguished.

At the current time, there are no special requirements in our legislation for the form of the agreement on compensation. It is important that it can only arise due to the interest of both parties. It turns out that this is a certain type of transaction. But it is necessary to understand that it can be concluded only by following the provisions of the Civil Code of the Russian Federation, which are applicable to contracts.