Analytics and brochures

Criteria have been approved that, when met, allow funds of the participants in shared-equity construction to be raised without escrow accounts being used Law firm Pepeliaev Group advises that on 1 May 2019, the Russian Government’s Resolution No. 480 dated 22 April 2019 comes into effect. Resolution No. 480 establishes criteria which, when met, allow a developer to raise funds from the participants in shared-equity construction without escrow accounts being used.

Overview of Tax Events for April 2019

An agreement on the labelling of products in the Eurasian Economic Union (the “EAEU”) has come into force. This agreement was signed a year ago by the heads of governments of the member states. The document grants the right to each member state of the EAEU to propose the implementation of the labelling of products in all five countries.

The third sтage of the “Offshore amnesty” will require that foreign companies be redomiciled to Russia and funds be repatriated from foreign accounts The Russian Government has put before the State Duma draft laws prolonging the period when persons can voluntarily report certain types of assets, as well as accounts in foreign banks (the so-called “offshore amnesty”) until 29 February 2020. Yet, the application of the new (third) stage of voluntary reporting will be subject to rather stringent conditions.

A law has been adopted that prohibits the provision of hotel services in residential premises of apartment buildings from 1 October 2019 On 1 October 2019 the amendments to the Russian Housing Code will come into force. These amendments have been made pursuant to Federal Law No. 59-FZ dated 15 April 2019 , which prohibits the use of residential premises in an apartment building for the provision of hotel services.

Rules for developing technological standards are approved

Pepeliaev Group advises that on 15 April 2019 the Rules for developing technological standards relating to emissions/discharges of pollutants take effect. They are approved by the Russian Government's Resolution No. 89 dated 14 February 2019.

Overview of Tax Events for March 2019

On 15 March, a public consultation started concerning amendments to the Russian Tax Code that were drafted by the Russian Finance Ministry and are aimed at settling disputes under international transactions and many other issues.

Requirements have been approved for creating a system of automatic control of emissions/discharges of pollutants

Pepeliaev Group advises that in March 2019 the Russian Government has adopted a number of regulatory instruments setting the requirements for creating a system of automatic control and requirements for equipment and for technical tools to measure, record, document and transfer the information about emissions/discharges. 

Escrow: new developments in the area of escrow of paperless securities Law Firm Pepeliaev Group advises that rules for escrow of paperless securities have been clarified.

Litigation

New regulation of digital rights

Pepeliaev Group advises that a draft law has been adopted in the third reading, which amends the Russian Civil Code in the sphere of digital rights.

Overview of Tax Events for February 2019

The State Duma has adopted a law to ratify a protocol to the Convention between the governments of Russia and Sweden on the avoidance of double taxation with respect to taxes on income.

New Rules For The Regulator’s Audits In The Area Of Personal Data

Pepeliaev Group advises that an updated procedure for audits with respect to compliance with personal data legislation has come into force.

Court practice regarding advertising and markerting expenses within intra-group relations

Pepeliaev Group advises you about the court practice regarding advertising and marketing expenses which a taxpayer that is a manufacturer of goods has incurred within intra-group relations. The position of the court regarding this case may apply to other similar disputes.

Electronic services

Starting from 1 January 2019, the rule of Law No. 244-FZ dated 3 July 2016 came into effect. Under this rule, foreign companies providing electronic services to individuals and legal entities in Russia will themselves have to calculate and pay VAT on the value of the services provided.

A mutual agreement procedure in the context of double tax treaties

Pepeliaev Group advises that the Russian Ministry of Finance has published its Guidelines on a mutual agreement procedure.

Overview of Tax Events for January 2019 The Russian Union of Industrialists and Entrepreneurs and the business community have fiercely criticized the new version of the draft law by the Russian Ministry of Economic Development that regulates greenhouse gas emissions.

May foreign holding companies that serve the interests of one group of persons not be beneficial owners of income? Law firm Pepeliaev Group advises that the court has used in practice the conclusions of Letter No. SA-4-9/8285 of the Russian Federal Tax Service dated 28 April 2018 regarding the application of international tax treaties by foreign holding companies that serve the interests of a single group of persons.

New legal positions of the Russian Supreme Court regarding creditors exercising their rights in bankruptcy cases Pepeliaev Group draws your attention to the new legal positions the Russian Supreme Court has formed concerning foreclosure in bankruptcy cases involving individuals and the exercise of creditors’ other rights. 

The status of clinical guidelines is changing Pepeliaev Group advises that the President of the Russian Federation has signed Federal Law No. 489-FZ dated 25 December 2018, which significantly changes the status of clinical guidelines.

The form of an application for a comprehensive environmental permit has been approved along with the form of a comprehensive environmental permit Pepeliaev Group advises that, starting from 1 January 2019, the form of the application is introduced for obtaining a comprehensive environmental permit along with the form of the comprehensive environmental permit.