Tax law and tax disputes

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.

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.

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.

Transformation of environmental charges

Pepeliaev Group advises that a draft law has been made available for public discussion. This draft law provides for the charge for a negative environmental impact to be replaced with an environmental tax, and for environmental and recycling fees to be replaced with a recycling fee, with the new payments being introduced into the Russian Tax Code.