Analytics and brochures

On 14 April 2022 the Government put before the State Duma a draft law on the taxation of digital rights (transactions with digital financial assets).

On 1 May 2022, the President of the Russian Federation signed the Law amending article 16 of the Law of the Russian Federation "On the Protection of Consumers' Rights”.

The Government’s Decree No. 776 dated 29 April 2022.

The Russian Government has extended the deadlines for the payment of insurance premiums by a year for a number of categories of payers.

The Russian President has signed the law granting an exemption from VAT with regard to transactions to dispose of exclusive rights under a franchise agreement; a protocol has been ratified regarding the deferral for VAT with regard to imports of goods from the EAEU; The Russian Finance Ministry has developed amendments to the federal standard relating to accounting for capital investments.

On 6 April 2022, a draft law  was submitted to the State Duma providing for amendments to be introduced to Federal Law No. 152-FZ “On personal data” (the “Draft Law”). The draft law intends to enhance the protection of Russian citizens’ rights to the sanctity of their private life.

The draft law No. 104796-8 “On external administration for the management of a company” has been put before the State Duma.

The Russian Government has taken steps to streamline administrative procedures in the construction field.

A draft federal law has been submitted to the State Duma according to which compliance with anti-Russian sanctions will be treated as a severe form of an abuse of powers.

The official explanation of the Bank of Russia on the issue of the mandatory sale of foreign currency earnings has been published. It follows from the explanation that the fulfilment of obligations under export contracts in a way other than payment to an account with an authorised bank generally violates the requirement for mandatory sale.

It has been more than a year since the Plenum of the Russian Supreme Court adopted Resolution No. 2 “On certain issues resulting from the courts applying antimonopoly legislation” dated 4 March 2021 (the “Resolution”). It is time to assess how the approaches to proving cartel agreements have changed and what provisions of the above document are the most cited by the courts. Read more in the article of Elena Sokolovskaya, Pepeliaev Group’s partner.

The Federal Tax Service has put into operation on its website an updated version of the service Register of Disqualified Entities; The Russian Federal Tax Service has summed up the results of pre-judicial dispute settlements in 2021; The Russian Federal Tax Service and the Belarusian Ministry for Taxes and Levies have launched an exchange of information about the traceability of goods.

Pepeliaev Group advises that the Government of Moscow has adopted  a set of measures to provide economic support to those who rent land plots and non-residential premises.

Pepeliaev Group advises that, according to the position of the Russian Federal Tax Service, the reorganisation of a legal entity as a result of which a standalone IT company is created cannot be considered by tax authorities to be a distortion of facts of economic life and qualify as the application of a tax evasion scheme.

The purpose of the moratorium is to support citizens, individual entrepreneurs and companies which have found themselves in a difficult financial position after sanctions were imposed on Russia.

The regulation of the activities of the SAR residents have been amended. A new law has been published that extends the list of tax benefits for international holding companies (“IHCs”) (Federal Law No. 66-FZ dated 26 March 2022). In addition, on 25 March 2022, Federal Law No. 18-FZ dated 25 February 2022 comes into force, which introduces additional requirements to apply tax benefits and provides for the possibility of obtaining the status of an ICH for Russian companies as well. We have considered the amendments proposed by these laws in aggregate and as completely interdependent.

*According to a Court’s ruling, Meta Platforms Inc. has been recognised as an extremist organisation and prohibited from doing business in Russia.

Pepeliaev Group advises that the Russian Government has extended by a month, until 28 April, the deadline for profit tax to be paid in advance. It was due to expire on 28 March.

On 22 March 2022 the Tverskoy District Court held Meta Platforms Inc. to be an extremist organisation and prohibited it from doing business in Russia.

Pepeliaev Group advises that, on 22 March 2022, the State Duma (the lower house of Russia’s parliament) passed the law containing a package of tax measures to support business.

Pepeliaev Group advises that, on 9 March 2022, a Federal Law came into effect to re-introduce a special procedure for initiating the criminal cases for which articles 198 to 199.2 of the Russian Criminal Code provide.