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The FNTT reported last Tuesday that the head of an anonymous company had caused damages to the state worth almost half a million euros and is accused of dishonesty on the part of the debtor.
15 minutes knowledge, the company in question is Kalnėnų projektai. It is stated that the pre-trial investigation, by decision of the Vilnius Regional Prosecutor in charge of the investigation, was transferred to the court.
“During the pre-trial investigation, it was established that the director of a company that had built a private house in Vilnius, when the company was on the brink of bankruptcy, may not have followed the established order of agreements with creditors and caused damage to the rest of creditors for more than 429 thousand. “, said the report.
According to the investigation, the director of the company, seeing the terrible financial situation of the company, continued with its activities, but ended the agreements with the State Tax Inspectorate (STI), the Municipal Administration of the City of Vilnius and Sodra.
It has been said that in the past attempts were made to settle accounts with suppliers for the goods and services provided to continue with the real estate project under development.
Photo by Sigismund Gedvila / 15min / Construction
Already sanctioned for non-compliance
G.Būda 15 minutes presented a version of his events. When asked why the director of the company decided to settle the accounts with the suppliers first and only then with the STI, G. Būda said that he hoped to continue with the construction and settle the accounts with the tax inspectors later. He assured that the payment schedule was also agreed.
“We wanted to ensure the continuity of the project, because we implemented three stages, the fourth and fifth were planned. Another thing, if taxes had to be paid, people who had to move would have been left homeless. But there was no plan not to pay. A business plan for future activities was drawn up and arrangements were coordinated with STI. Nobody planned the crime. Entrepreneurs want to live and try to belittle themselves, ”he explained.
The businessman said that the demand is repeated and is seen as harassment. In May 2019, the businessman was administratively sanctioned for “breach of the order.” The Vilnius City District Court ruling states that G. Būdai has been assigned a thousand. a fine of EUR. With her, the man agrees and admits the offense.
“Later, in 2019-2020, prosecutors actively worked and collected material for a criminal case. The most interesting thing is that we will go to court at my request, because the Prosecutor’s Office and the FNTT did not pay much attention to any argument during the investigation. He didn’t pay attention to being repeatedly punished. Circumstances were taught that the project was in difficulty, its continuity was foreseen, and there was no way to learn and close. Business plans were provided for what was to follow. But the FNTT paid no attention to it and looked dryly at the law, ”the interlocutor assured.
Company Photo / Hill Town Project
According to G.Būda, the prosecutor offered to terminate the process with a criminal act, offered a fine, but the man did not agree.
“That’s why we go to court,” he explained.
Denies acting dishonestly
In explaining the criminal case against him, G. Būda clarified that he was administratively punished “for misconduct”, due to the fact that he did not first inform the STI. Meanwhile, it is now believed that he already had knowledge of a possible bankruptcy at the time of settling accounts with suppliers, not with the state.
“The code that is now being punished is basically the same, only being incorporated here ‘when there is a clear threat of bankruptcy.’ Where is this dishonesty if the specialist on whose conclusion the study participants relied did not draw a detailed conclusion and did not determine when we became insolvent? On this basis it was based throughout the investigation and is already incriminating the Penal Code. It just changed the article, “he said.
According to G.Būda, this time FNTT extended the period and evaluated the whole year. Also, according to him, the service had the conclusion of a specialist, which, according to the businessman, was not completed, did not determine when the company was on the verge of bankruptcy.
“Together with the lawyer, we are preparing the material to repeat the conclusions of the specialist, because it was not complete and complete. It was not indicated when the company was on the verge of bankruptcy. You plan one way and, in the end, when you go bankrupt, everything looks different, ”he said.
The cabin project failed
From 2014 to 2018, the Kalnėnų projektai company developed the project in Kalnėnai, the capital of Hill Town. It was this project that led to the failure of the company. In total, the company implemented three phases of the project, but the problems began before starting the fourth. According to G.Būda, the failure was caused by the market change.
“With the introduction of the euro, the market has adjusted, the competitive environment has changed, but we have made progress. However, prices were adjusted, labor did not fall, and the entire period was a struggle for that project. Market conditions have driven us out, ”he explained.
Company Photo / Hill Town Project
According to G.Būda, the houses were built with high quality, a lot was invested in them. However, builders appeared in the vicinity offering similar cheaper houses with simpler solutions.
“We also build class A houses, the facades are durable. We have invested in the environment, playgrounds. But life just happened. Maybe it took too long and the market kept changing and circumstances led to the event itself. However, we did not plan to stop, we wanted to continue with the project “, 15 minutes he said.
Planned to continue the project
According to the businessman, if the project had been continued, it would have balanced the company’s balance sheets in a couple of years.
“During the entire project, from 2014 to 2018, the turnover reached 9 million. euros. We paid 1.5 million. taxes, including more than 1 million. EUR VAT. The tax benefits are considerable. And after that, no one is looking anymore. Of course, in such circumstances, this is not justified, but the investigator or prosecutor did not take it into account and reviews the dry letter of the law, “said the interlocutor.
According to the businessman, he wanted to keep the business and continue working, “develop the project, pay taxes, continue living.”
“The attitude of the state is cruel. The company exists since 2014, taxes have always been paid. It was not a” phoenix “created to launder VAT and other taxes. Probably, of me now doing something as a demonstration, I imagine it. It restricted not only motivation, but also opportunities to continue creating, doing and living something. You see a situation in which trying to maintain a business becomes a crime, “said the interlocutor.
G. Būda currently owns the Real Invest company, but as he stated, it is not currently operating. In addition, the owner of the company estimates that together with the shareholders, he invested about 300 thousand in the cabin project. euros, which were never withdrawn.
“It just came to our attention then. Even two years, but money lost is money lost,” he explained.
Company Photo / Hill Town Project
The maximum penalty is imprisonment for up to 2 years.
The pre-trial investigation was conducted by the prosecutor of the 3rd Prosecution Division of the Vilnius Regional Prosecutor’s Office. After the indictment was drafted, the case was transferred to court. The State Tax Inspection has filed civil lawsuits in this case, more than 297 thousand. and the municipal administration of the city of Vilnius: more than 17 thousand. euros. Property rights over property, the value of which exceeds 177 thousand. euros.
The Criminal Code establishes that a person who due to his difficult economic situation or insolvency, when there is a clear threat of bankruptcy without being able to satisfy all creditors, has satisfied only one or more of them or insured one or more creditors and has The Material damage caused to the rest of the creditors is punishable with the maximum severity with up to two years in prison.
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