Tax law and tax disputes

Amendments to the special administrative region (SAR) regime. Part I: new benefits and new requirements The regulation of the activities of the SAR residents have been amended. A new law has been published that extends the list of tax benefits for international holding companies (“IHCs”) (Federal Law No. 66-FZ dated 26 March 2022). In addition, on 25 March 2022, Federal Law No. 18-FZ dated 25 February 2022 comes into force, which introduces additional requirements to apply tax benefits and provides for the possibility of obtaining the status of an ICH for Russian companies as well. We have considered the amendments proposed by these laws in aggregate and as completely interdependent.

The law has been passed on measures of tax support for business Pepeliaev Group advises that, on 22 March 2022, the State Duma (the lower house of Russia’s parliament) passed the law containing a package of tax measures to support business.

A special procedure is being revisited for initiating criminal cases for tax offences Pepeliaev Group advises that, on 9 March 2022, a Federal Law came into effect to re-introduce a special procedure for initiating the criminal cases for which articles 198 to 199.2 of the Russian Criminal Code provide.

Fourth stage of the ‘capital amnesty’: the conditions are the same, but new items to declare have arisen

Pepeliaev Group advises that on 14 March 2022 the law on the fourth stage of the ‘capital amnesty’ came into force. This law was adopted at the initiative of the Russian Government. Still, the ‘amnesty’ has a procedural form for the voluntary declaration by individuals of assets (filing a special declaration).

The Tax Code will be amended drastically to reflect the measures aimed at supporting business during sanctions

Pepeliaev Group advises that on 11 March 2022 the State Duma adopted in the first reading a draft law containing a package of tax measures to support business.

Numerous amendments to the Russian Tax Code Federal laws have been adopted which are aimed at implementing the Main Lines of tax policy and which extensively amend the Russian Tax Code.

The repatriation of foreign trade revenue has been partially abolished Starting from 1 July 2021, the statutory obligation to repatriate has been abolished for the major part of foreign trade contracts whereby residents generate revenue (‘export’ contracts).

Letter of the federal tax service on how article 54.1 of the Russian Tax Code should be applied The Federal Tax Service has sent to the tax authorities a letter with detailed recommendations on how article 54.1 of the Russian Tax Code should be applied. The clarifications of the FTS significantly mitigate administrative and judicial practice by pointing out that the tax authorities should identify the actual amounts of tax liabilities.  

New clarifications of the federal tax service on intra-group services: the concept of shareholder activity In its Letter No. ShYu-4-13/1749@ dated 12 February 2021, the Russian Federal Tax Service clarified how intra-group services and shareholder activities should be distinguished within MNE groups.  

New requirements for an internal control system are being prepared for companies that are subject to tax monitoring Pepeliaev Group advises that a draft of the new requirements for an internal control system and of the forms and formats of documents to be provided by a company when disclosing information about this system has been posted on the federal portal of draft regulatory acts.  

Tax consequences of capital improvements of leased property: new approaches

A law to improve Tax Monitoring Pepeliaev Group advises that the law to amend the Russian Tax Code provides for a number of measures to develop tax monitoring, such as lowering the thresholds to enter monitoring and extending the deadlines for applying to switch to monitoring; changing the procedure for information exchange between a monitored company and a tax inspectorate; a new procedure for suspending transactions in accounts and for conducting desk, field and cross-audits of a monitored company; changes in the procedure when a grounded opinion is drawn up at the initiative of the tax authority, and early termination of monitoring; and granting the participants in monitoring the right to have VAT and excise tax refunded under a declarative procedure.