Tax law and tax disputes

New stance of the Russian Supreme State Commercial (‘Arbitration’) Court on the recovery of court costs Pepeliaev Group advises that in its Resolution No. 16067 dated 15 March 2012, the Presidium of the Russian Supreme Arbitration Court (SAC) confirmed that it was lawful to recover from the tax authorities expenses of almost RUB 3 million on the taxpayer’s representatives involved in its defence.

Transfer pricing: a new development in determining the aggregate threshold of controlled transactions Pepeliaev Group advises that the Russian Finance Ministry, in its Letter No.  03-01-03/18-31 dated 14 March 2012, clarified the procedure for determining amounts of income under so-called ‘fanned out’ transactions that a taxpayer undertakes with related parties.

Personal income tax: the start of 2012 tax return filing period Pepeliaev Group remind you about the start of the filing period for 2012 returns. Individuals who generated taxable income in 2011 and have not paid personal income tax on it may start filing their tax returns now. The last day of the filing period is 30 April 2012. Under the general rule, individuals must pay the personal income tax, as stated in their returns, before 15 July 2012.

Significant changes to the application of Russian thin capitalisation rules Pepeliaev Group advises that the Russian Supreme Arbitration Court (the “SAC”) has published on its web site Resolution No. 8654/11 dated 15 November 2011 in the case of OAO Coal Mine Severny Kuzbass touching upon the issues connected with the application of the Russian thin capitalisation rules. The resolution changes the existing case law in a significant manner with regard to what should take priority: non-discrimination provisions of international double tax treaties or Russian thin capitalisation rules.

Rates amended for insurance contributions in 2012 – 2013 Pepeliaev Group advises that on 23 November, the State Duma adopted a Federal Law that amends the rates of insurance contributions payable to the state social security funds.

Amendments to Russia’s double tax treaties with Switzerland and Luxembourg Pepeliaev Group advises that the Russian Government has approved draft Protocols amending the Agreement between the Russian Federation and the Grand Duchy of Luxembourg for the Avoidance of Double Taxation and the Prevention of Fiscal Evasion with Respect to Taxes on Income and Capital, and the Agreement between the Russian Federation and the Swiss Confederation for the Avoidance of Double Taxation with Respect to Taxes on Income and Capital.

The Russian Supreme Arbitration Court will resolve the issue of whether taxpayers may treat as deductible VAT paid as part of the expenditure on the repair of general infrastructure facilities that are in state ownership Pepeliaev Group advises that, on 25 October 2011, the Presidium of the Russian Supreme Arbitration Court will resolve the issue of whether taxpayers may treat as deductible VAT paid as part of the expenditure on the repair of infrastructure facilities that are in general use and that are not owned by the taxpayer but are required for it to carry out its economic activity (the SAC’s Ruling No.  VAS-3844/11 dated 14 July 2011 – the OOO Tulacement case).

What is new in the application of Russian thin capitalisation rules Pepeliaev Group law firm advises that the Presidium of the Supreme Arbitration Court (the “SAC”) will for the first time consider how the non-discrimination provisions of international double tax treaties correlate with Russian thin capitalisation rules, which in certain cases provide for interest accrued on a taxpayer’s debt to be reclassified as dividends.

New rules for documenting relationships in the area of investment and construction: tax implications Pepeliaev Group advises that, on 28 July 2011, a Resolution of the Plenum of the Russian Supreme Arbitration Court with direct implications for construction and investment activity was published on the SAC’s website. The Resolution creates substantial tax risks for all those involved in that sector: builders, investors and developers.

Companies that operate in Sakhalin Region and a number of other regions are entitled to use accelerated depreciation of fixed assets and deduct larger amounts as expenses for tax purposes On 5 July 2011, the Federal arbitration Court for the Far Eastern Circuit issued its precedent forming resolution No. F03-2566/2011 which states that companies operating in Sakhalin Region are entitled to apply a special coefficient for their fixed assets depreciation (but not more than 2). The court’s conclusions may also apply to companies operating in other regions of the Far North and areas equivalent to the Far North.

Changes in tax control of transfer pricing

On 8 July 2011 the Russian State Duma adopted in the third reading the law On amending certain legislative items of the Russian Federation in connection with improving the pricing rules for tax purposes.

Significant amendments to chapter 21 of the Russian Tax Code Pepeliaev Group advises that on 6 July 2011 the Russian State Duma adopted in the third reading the law On amending part one and two of the Russian Tax Code and certain items of Russian legislation on taxes and levies.