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Overview of tax events for December 2021

13.01.2022
3 min read
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Regulatory developments

 A draft law (No. 46702-8) has been put before the State Duma. This draft law is aimed at making the unified tax payment a single compulsory payment for all businesses starting from 1 January 2023.

The Russian Government:

  • has added 80 new positions to the list of modern technologies in connection with developing or implementing which companies may enter into a special investment contract with the state;

  • is working on the issue of how to exempt retailers and manufacturers from paying VAT on products whose useful life is about to expire and that are given over to charity.

The Russian Ministry of Finance:

  • has evaluated the consequences of joining the Pillar 2 mechanism: there are no significant risks for Russian preferential tax regimes; quite to the contrary, if implemented, this global initiative will be beneficial for the country;

  • has reported that special departments of the Ministry will supervise how businesses are performing their obligations with regard to making investments in return for tax benefits.

The Russian Ministry of Finance and the Federal Tax Service have amended the draft law (No. 47595-8) on the right of tax authorities to promptly forbid companies to dispose of their property. Such a decision must be approved by the superior tax authority.

The Russian Federal Tax Service:

  • has launched an analytical portal with macroeconomic indicators that can be used to analyse Russia’s economy. These indicators have been formed based on companies’ aggregated tax reports;

  • has suggested that Albania, Brunei, New Caledonia, Peru and Ecuador be included in the list of states and territories that participate in the automatic exchange of tax information with Russia.

The Russian Ministry of Industry and Trade has prepared an amended List of Commodity Codes in accordance with the Commodity Classification for Foreign Trade of the Eurasian Economic Union, transactions with regard to which are treated as controlled transactions pursuant to article 105.14 of the Russian Tax Code.


Practice

The Russian Federal Tax Service has joined the “Customer centricity” federal project.

Every second field tax audit is conducted with involvement of employees of the Russian Ministry of the Interior, stated the Head of the Russian Federal Tax Service, Daniil Yegorov. This way, any materials on tax offences can be handed over to investigative authorities with a better body of evidence.

The Head of the Federal Customs Service, Vladimir Bulavin, outlined at a joint panel of the Federal Tax Service and the Federal Customs Service that information on tax risks is included in the algorithm for the automated filing of declarations for participants of foreign economic activities in the customs service's risk management system.

Starting from 2022, tax monitoring will be conducted with regard to 339 companies. In 2021, the tax authorities issued 37 well-grounded opinions (rulings) for participants of tax monitoring. More than 80% of all rulings were prepared based on requests from the relevant companies ( see questions).

The Federal Tax Service’s website features, among its public information, data on companies for 2020 regarding the amounts of arrears and debts on penalties and fines (with regard to each individual tax, duty or type of insurance contribution), as well as regarding fines for tax offences in 2020.

The Tax Service has prepared an overview of the legal positions from judicial acts of the Russian Constitutional Court and Russian Supreme Court that were adopted in Q3 2021 with regard to taxation issues (letter No. BV-4-7/17685@ of the Federal Tax Service dated 16 December 2021).

The Russian Supreme Court has expanded the list of situations where tax reconstruction may apply by acknowledging that it is not allowed to assess additional profit tax and VAT to businesses in amounts larger than they should have paid had there been no offences on their part ( case No. А40-131167/2020 of Spetskhimprom LLC).

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