The Federal Tax Service has provided clarifications on the question of changing the surety provider in order to ensure the fulfillment of obligations under decisions on granting deferrals, installment

The clarifications of the Federal Tax Service concern a situation when the death of the surety provider, liquidation, bankruptcy, etc. may occur before the debtor’s obligations are fulfilled.

Taking into account the position of the Supreme Court of the Russian Federation, it is reported that upon the death of the surety provider, his heirs have obligations under the relevant contract within the limits of the value of the inherited property transferred to them.

In such a case, the tax authorities are recommended to evaluate the remaining amount of the obligation, the fulfillment of which is secured by the surety, assess the risk of its non-fulfillment and take measures to change the surety.

Document: Letter of the Federal Tax Service of Russia dated 03.07.2024 No. КЧ-4-8/7504@ "On the use of surety in order to ensure the fulfillment of obligations under decisions on granting deferrals, installments, and investment tax credits".