To get the team

What he specialises in

For over 25 years Rustem has been providing tax advice and has represented taxpayers many times in the Russian Constitutional Court, Russian Supreme Commercial (‘Arbitration’) Court, Russian Supreme Court and state commercial courts.

His professional interests include international taxation and the application of legislation concerning controlled foreign companies (CFCs).

His main achievements

Rustem’s major projects include:

• participated in preparing draft laws, particularly amendments to legislation connected with holding the Winter Olympic Games in Sochi in 2014;

• participated in and managed a project which involved an analysis and assessment of the tax base for a Russian state-owned holding company based on the legislation regarding controlled foreign companies (over 40 potential CFCs);

• represented the Far-Eastern Shipping Company in the Russian Constitutional Court in its appeal against the provisions of article 165 of the Russian Tax Code;

• successfully represented Total in the Supreme Commercial Court in a case on a PSA operator’s right to a refund of VAT;

• participated in and managed a project aimed at calculating the tax consequences of the foreign member of a Russian business selling operational companies owning non-commercial real estate. Within the project, Rustem’s team provided recommendations as to the documentary evidence of expenses and calculated the withholding tax to be paid;

• participated in and managed a project aimed at analysing the tax efficiency of a foreign gold mining company's investments in a regional investment project in the Russian Far East. Within the project, Rustem’s team analysed the legislation concerning regional investment projects, then made conclusions about the tax consequences, benefits and risks taking into account the company’s project-related and investment documentation;

• participated in and managed a project aimed at analysing the tax efficiency and risks pertaining to the activities of a major Russian marketplace. Further to the project, provided recommendations as to mitigating the risks identified;

• successfully represented JTI in the Supreme Commercial Court in a case on whether intra-group expenses for licence payments were justified;

• successfully represented Ebner in a litigation concerning the procedure for deducting VAT by the permanent establishment of a foreign entity;

• successfully represented several companies of the TELE2 Group in disputes over "thin capitalisation" issues and the application of benefits under the double taxation treaty;

• successfully represented KNAUF in a legal dispute over the classification of intra-group loan financing as an investment activity.