Tax law and tax disputes

Situation centres are set up at tax authorities to monitor the economy in connection with coronavirus

Working groups within tax inspectorates are starting to monitor the economy

Tax risks for individuals in connection with limitations aimed at preventing the spread of Covid-19

Pepeliaev Group advises of potential tax risks in a situation when individuals have to stay in the Russian Federation for an extended period of time in view of the current restrictions that are preventing the spread of COVID-19.

COVID-19: Tax measures in support of the economy and changes in tax administration

Pepeliaev Group advises of the measures that have been adopted or are anticipated with the aim of supporting certain branches of the economy and changing tax administration procedures for the duration of the COVID-19 epidemic.

New OECD transfer pricing guidance on financial transactions Pepeliaev Group advises that the OECD has released its Transfer Pricing Guidance on Financial Transactions.

The Plenum of the Russian Supreme Court has adopted a resolution on liability for tax offences

Law firm Pepeliaev Group advises that, the Plenum of the Russian Supreme Court (the “Plenum”) has adopted Resolution No. 48 dated 26 November 2019 clarifying certain issues concerning criminal liability imposed under articles 198, 199, 199.1 and 199.2 of the Russian Criminal Code (the “Criminal Code”).

A promissory note is not always equal to a loan relationship Law firm Pepeliaev Group advises that the Russian Supreme Court (the “Supreme Court”) has issued a ruling[1] to establish the legal nature of the redemption of a promissory note.

The subject matter of special investment contracts, and their tax consequences, are changing Pepeliaev Group advises that the new rules for regulating special investment contracts (SPIC 2.0) have come into force. Changes aimed at improving the taxation regime with regard to taxpayers who are SPIC participants have also been made to the Russian Tax Code. 

Holding companies’ beneficial ownership of income: the updated position of the Russian Federal Tax Service

Letter No. ED-4-13/15696@ “On holding companies’ beneficial ownership of income from sources in the Russian Federation” dated 8 August 2019 was published on the official website of the Russian Federal Tax Service on 13 August 2019. This letter evidences quite a serious change of the Service’s approach to the problem, which for many years has been the subject matter of tax disputes and professional discussions. 

The third stage of the "Offshore amnestey": the requirements for redomiciliation of foreign companies to Russia Pepeliaev Group advises that the State Duma has adopted a set of laws extending until 29 February 2020 the period of the voluntary reporting of individual types of activity and accounts in foreign banks.

The Multilateral Tax Convention has been ratified Pepeliaev Group advises that the Multilateral Convention to Implement Tax Treaty Related Measures to Prevent Base Erosion and Profit Shifting (“MLI”) has been ratified.

The third stage 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.