Tax law and tax disputes

POSITIVE CHANGES IN COURT PRACTICE ON TAX DISPUTES Pepeliaev Group advises that the legal position formulated by the Russian Supreme Arbitration Court when issuing Resolution No. 15574/09 dated 9 March 2010 may improve the situation of taxpayers in respect of the practice of interpreting and applying legislation on expenses arising in relations with suppliers that submitted invalid documents.

30 April is the deadline for filing personal income tax returns Pepeliaev Group would like to remind you that 30 April is the deadline for filing personal income tax returns.

Court Practice Confirms that Tax Overpayments Can Be Used to Effectively Protect Taxpayers The judges of the Russian Supreme Arbitration Court once again confirmed that the tax authorities must account for both the understatement and overstatement of tax liabilities when they audit taxpayers.

Resolution of the Supreme Arbitration Court on taxation of promotion activities at a retail chain: new issues The Presidium of the Supreme Arbitration Court of Russia issued Resolution No. 11175/09 further to an application from Dirol-Cadbury LLC on 22 December 2009.

Federal Law No. 381-FZ “On the Fundamentals of State Regulation of Trade in the Russian Federation” dated 28 December 2009 may have not only civil law consequences, but also tax implications

In an information alert dated 11 January 2010, Pepeliaev Group reported that Federal Law No. 381-FZ dated 28 December 2009 “On the Fundamentals of State Regulation of Trade in the Russian Federation” had been adopted at the end of 2009 and would come into force from 1 February 2010.

When a Taxpayer Should Deduct Interest for Tax Purposes

Wer reported that the Presidium of the Russian Supreme Arbitration Court passed Resolution No. 11200/09 dated 24 November 2009, clarifying when a taxpayer should deduct interest on loan obligations for profit tax purposes.

Significance of Transportation Documents: Clarifications Issued by the Supreme Court of Russia

As specified in the decision of the Supreme Court of Russia, a consignment note (form No. 1-T) and a delivery note (form TORG-12) are not equivalent source documents and should be applied for different legal relations.

Law on Mitigating Criminal Liability for Tax Crimes Enters into Force

Federal Law No. 383-FZ dated 29 December 2009 “On Amendments to Part One of the Russian Tax Code and Specific Legislative Acts of the Russian Federation” entered into force on 1 January 2010.

The Russian Tax Code had been recently amended in order to exclude the requirement of minimum value of Russian company’s participation in the capital of its subsidiary distributing dividends for the purpose of exempting such dividends from taxation

We inform you that recently the Federal Law No. 368-FZ of 27 December 2009 enacting from 2011 FY, which abolished the requirement of minimum RUR 500 mln. participation of a Russian parent company in its subsidiary distributing dividends for the purpose of participation exemption rule, had been adopted.