Tax law and tax disputes
Alerts
15July2015
VAT charged when non-payment under a contract is insured: the position of the russian constitutional court
Pepeliaev Group advises that Russian Constitutional Court has held that article 162 of the Russian Tax Code, which in fact establishes double VAT on insurance payouts that a supplier of goods (work, services) receives under a contract insuring default by the buyer, was inconsistent with Russian Constitution.
24December2014
Intra-group expenses
Pepeliaev Group advises that in view of new case law, any expenses of a Russian company incurred to make payments to a foreign company within one international group of companies may not be treated as deductible for profit tax purposes.
03December2014
Russian law on 'Tax repatriation'
Pepeliaev Group advises that the Russian law on “tax repatriation”1 has been signed and will come into force from 2015. This new law may have the following implications:
- control by Russian persons over foreign structures, including non-corporate ones, will have to be disclosed to the Russian tax authorities; and
- profits received by foreign structures managed or controlled out of Russia will be taxed in Russia.
14February2014
Implementing measures to develop Eastern Siberia
For the attention of: managers of companies in Eastern Siberia and companies of the federal and interregional levels operating in Eastern Siberia.
Pepeliaev Group advises of the progress of measures being implemented to develop Eastern Siberia as communicated by the President of Russia in his Address to the Federal Assembly.
09December2013
VAT and bonuses: practice of the Federal Commercial (‘Arbitration’) Court for the Moscow Circuit
VAT and bonuses: practice of the Federal Commercial (‘Arbitration’) Court for the Moscow Circuit
02August2013
Changes in the procedure for settling tax disputes out of court
Pepeliaev Group advises that a law which substantially amends the procedure for how taxpayers can make out-of-court challenges to tax authorities’ decisions and acts or omissions of tax officers comes into effect on 3 August.
15April2013
The Supreme Commercial (‘Arbitration’) Court on taxing bonuses paid by banks to VIP clients
Pepeliaev Group advises that on 9 April 2013 the Presidium of the Russian Supreme Commercial (‘Arbitration’) Court issued a ruling concerning the case of Citibank. In the ruling, the Court resolved the issue of taxable income arising when VIP clients receive bonuses from banks.
26March2013
The procedure for paying VAT on bonuses paid to clients is set out in the law
Pepeliaev Group advises that on 22 March the State Duma adopted a law that regulates the procedure for calculating and paying VAT on bonuses paid to customers. According to the amendments, if the parties have not stipulated in the contract that bonuses will be treated as a discount on the price, the supplier’s tax base and the customer’s tax deductions should not be adjusted. It is expected that in the near future the law will be approved by the Federation Council, signed by the Russian President and officially published.
05December2012
Regime for calculating the tax base for mineral extraction tax
Pepeliaev Group advises that on 29 January 2013, the Presidium of the Russian Supreme Commercial (‘Arbitration’) Court (the “SAC”) will consider the regime for calculating the tax base for mineral extraction tax (“MET”) if, in addition to minerals for which the tax base is cal-culated using the estimated method, the company extracts minerals for which the tax base is de-termined using other methods.
02August2012
Transfer Pricing: Notifications of Controlled Transactions
Law firm Pepeliaev Group reports that the Federal Tax Service of the Russian Federation has approved the documents which taxpayers will need in order to submit notifications of transactions that are subject to special control under the transfer pricing laws.
18July2012
In Leningrad Region, new tax benefits have been introduced for investors
Pepeliaev Group advises that the Leningrad Region legislation regarding tax benefits for investors is to undergo significant amendment.