Analytics and brochures

Pepeliaev Group advises that the Russian Government has approved draft Protocols amending the Agreement between the Russian Federation and the Grand Duchy of Luxembourg for the Avoidance of Double Taxation and the Prevention of Fiscal Evasion with Respect to Taxes on Income and Capital, and the Agreement between the Russian Federation and the Swiss Confederation for the Avoidance of Double Taxation with Respect to Taxes on Income and Capital.

Pepeliaev Group advises that, on 25 October 2011, the Presidium of the Russian Supreme Arbitration Court will resolve the issue of whether taxpayers may treat as deductible VAT paid as part of the expenditure on the repair of infrastructure facilities that are in general use and that are not owned by the taxpayer but are required for it to carry out its economic activity (the SAC’s Ruling No.  VAS-3844/11 dated 14 July 2011 – the OOO Tulacement case).

Pepeliaev Group advises that Federal Law No. 103-FZ dated 1 June 2011 has ratified the Agreement on the Rules for Determining the Origin of Goods in the Commonwealth of Independent States, signed in Yalta on 20 November 2009 (the “Agreement”). According to the CIS Executive Committee, the Agreement came into force for the Russian Federation on 23 July 2011. From this date, the previously applicable Rules for determining the country of origin of goods, approved by the Decision of the CIS Council of Heads of Government dated 30 November 2000, no longer apply to Russia (cl. 2 of the Decision of the CIS Council of Heads of Government dated 20 November 2009).

Pepeliaev Group advises that the Russian Financial Monitoring Service has released its Information Letter No. 17 dated 2 August 2011 On factors in transactions, and in types of and terms for activity, that entail an increased risk of clients entering into transactions for the purposes of legalising (laundering) income received through criminal means, and the financing of terrorism.

Pepeliaev Group advises that the Russian Supreme Arbitration Court supported the stance taken by the Nineteenth Arbitration Court of Appeal and the Federal Arbitration Court for the Central Circuit, according to which provisions of article 1487 of the Russian Civil Code (“Exhaustion of the exclusive right to a trademark”) only apply to the use of the trademark with regard to goods that have been lawfully put into circulation, but not services. Therefore, the use, without the right holder’s permission, of a trademark/ service mark by third parties to advertise services associated with the relevant goods constitutes a violation of the exclusive right to the trademark / service mark (see case No. А64-2744/2010).

Pepeliaev Group law firm advises that the Presidium of the Supreme Arbitration Court (the “SAC”) will for the first time consider how the non-discrimination provisions of international double tax treaties correlate with Russian thin capitalisation rules, which in certain cases provide for interest accrued on a taxpayer’s debt to be reclassified as dividends.