Analytics Publications Tax practice

1
February
2018

Overview of changes to legislation in 2017: summary

In the preceding year, we regularly advised you of the most significant legislative changes that develop legal regulation and business environment in the country. In this overview, we shall summarize and submit for your consideration the new laws and other regulatory legal acts published in 2017, which will be of interest to business representatives of various industries and business areas.
Alexander Sitnikov, Managing partner
Business of Russia
30
November
2017

Interdependent entities and controlled transactions: how can negative tax consequences be avoided?

On February 16th, 2017 the Russian Federation Supreme Court Presidium ratified its Overview of judicial practice in regard to cases involving the application of certain provisions in Section V.1 and Article 269 in the Russian Federation Tax Code. The court summarized practice with issues arising from the interdependence of entities and the controllability of transactions. In this article we will analyze the main rules for applying the provisions in Section V.1 and Article 269 in the Tax Code that are reflected in this Overview.
EZH-Yurist
19
September
2017

How the Federal Tax Service will now prove failure to pay taxes

The Federal Tax Service of Russia, in letter No. ED-4-2/13650 dated July 13, 2017 sent guidelines to its regional authorities that needed to be put in place called “On researching and proving incidents involving intentional failure to pay, or making incomplete payments for, taxes (duties),” which was developed jointly with the Investigative Committee of the Russian Federation. The guidelines describe in sufficient detail the methods that can be employed to prove when there is a failure to pay taxes (duties) – or they were not paid in full – so that parties can be held liable under Article 122, Clause 3 of the Russian Federation Tax Code. This stipulates applying penalties in the amount of 40% of whatever was not paid. In addition, the document’s authors do not conceal the fact that not only are they seeking to increase the amount of the fine imposed under this article, but also that they are counting on improving the prospects involving criminal liability for materials that are sent to the investigative authorities to resolve the issue of whether to file criminal charges.
Financial Director
7
July
2017

On the tax-related problems faced by companies with foreign participation

The government’s strategy to "impose order" in the field of international tax planning occupies an increasingly important place, both in the field of rulemaking and in the field of law enforcement. If tax policy has been fundamentally focused on restricting the use of foreign tax benefit schemes, at least on paper, since 2010 – and a slew of targeted regulations, in particular on thin capitalization, has existed since 2002 – then real progress in this direction has started to become apparent only in the last few years. This, however, is in complete accordance with world practice and with the stages entailed in developing and applying a BEPS plan.
Yuriy Ivanov, Head of Tax practice
Joint Stock Company
21
June
2017

A new way to remedy errors, or a new mechanism to collect taxes?

On March 24th, 2017, the Russian Federation Constitutional Court adopted Resolution No. 9-P, which ratified the possibility of collecting tax debt as unjust enrichment.
EZH-Yurist
8
June
2017

Taxes and customs

We will comment on the position taken by the Russian Federation Supreme Court regarding the practice of applying tax and customs legislation. What is the significance of the decisions included in the Judicial Review of Russian Federation Supreme Court Legal Practice No. 2 (2017), approved by the Russian Federation Supreme Court on April 26th, 2017?
EZH-Yurist
23
March
2017

Taxes, duties and insurance contributions: the Russian Supreme Court's positions

On 16 February 2017, the Praesidium of Russia's Supreme Court published its Case Law Review, highlighting the most significant findings on the application of the legislation on taxes and duties and mandatory insurance contributions to extra-budgetary funds, as established by the Court at the end of 2016.
Yuriy Ivanov, Head of Tax practice
EZH-Yurist
16
November
2016

Changes to Tax Code in 2015-2016

The years 2015 and 2016 saw many changes in tax legislation, about which numerous articles have already been written and lots of commentary generated. Therefore, we will focus on the major innovations of income tax legislation for 2016, which had the greatest impact on the majority of credit institutions, and turn our attention to the court practice, which only began to form after changes were made to the Tax Code of 2015.
Bank Review
10
October
2016

Payers of insurance premiums receive more rights

On 1 January 2017, the Federal Law dated 03.07.2016 No. 243-FZ “On Amendments to Parts One and Two of the Tax Code of the Russian Federation, in connection with the transfer of powers to the tax authorities for the administration of insurance contributions for compulsory pension, social and health insurance” shall come into force. We list the main changes that await payers of insurance premiums.
EZH-Yurist
27
June
2016

How to avoid bankruptcy at the initiative of the Federal Tax Service

If the company's tax debt exceeds 300,000 roubles, and is not repaid within three months after receiving the request from the inspection service, the Federal Tax Service of Russia is entitled to initiate a bankruptcy procedure. We will look at how you can avoid this altogether, or slow down the process.
Tax disputes
8
December
2017

Volgograd lawyer told, how losses can be recovered from the tax inspectorate

Much more Volgograd businessmen have faced the problem of blocking of bank accounts by the Federal Tax Service this year. Since they cannot dispose of proprietary funds, they face cash gaps and failure in payment of salary. Natalya Malikova, Vegas Lex Volga Directorate lawyer, has told to Volgogradskaya Pravda.ru how one can establish losses from such acts of the tax inspectorate to satisfaction of the court.
Volgograd Pravda.Ru
2
November
2017

Are there any boundaries for customs inspections?

Starting August 30, 2017 some amendments to Federal Law No. 311-FZ “On customs regulation in the Russian Federation” (hereinafter Law No. 311-FZ) entered into force that provide for the potential to both introduce a ban on trading certain types of goods in Russia and expand the authority enjoyed by customs agents. During a “sanctions standoff,” legislators came to the conclusion that adopting measures to ban importing certain types of goods into the country might not prove sufficient – so they permitted imposing restrictions on importing, storing, acquiring, or otherwise trading them inside Russian borders (this includes people acquiring them for their personal use).  
EZH-Yurist
15
September
2017

Tax penalties might increase

Letter No. ED-4-2/13650@, dated July 13th, 2017, was sent from the Federal Tax Service to the attention of taxpayers, informing them of the guidelines that were issued by the Investigative Committee of the Russian Federation together with the Federal Tax Service of Russia called “On researching and proving incidents involving intentional failure to pay, or making incomplete payments for, taxes (duties).” This document is not a statute, but it gives an understanding of what action the supervisory authorities will take when they conduct audits.
National Business
21
June
2017

Is a rentier an entrepreneur or not?

Having bought real estate in order to receive rental income, or to sell it later on, many people believe that if you pay personal income tax on the rent or sale then, as the famous slogan goes, you can sleep peacefully. However, that is not always true, since in a number of cases your activity can be deemed entrepreneurial.
National Business
19
June
2017

Who will answer for negligence by the tax inspectorate?

Tax inspectors confirmed the right to property allowances, and returned personal income tax to taxpayers. However, later on it turned out that people received the allowance unlawfully. This did not occur by any fault of theirs, but because of mistakes made by tax revenue officer. Officials demanded that the taxes be returned, so people appealed to the Supreme Court. The court declared the personal income tax, which taxpayers received due to negligence on the part of revenue officers, unjust enrichment. In this case, revenue officers have the right to demand that the personal income tax be returned to the budget. The deadline is three years from the time that the decision to grant an allowance was made. The Constitutional Court ruled that collecting taxes that were returned due to an allowance being mistakenly granted is permissible on the basis of provisions contained in the Russian Federation Civil Code concerning unjust enrichment (Supreme Court Resolution No. 9-P dated March 27, 2017).
Tax disputes
10
May
2017

Will a company’s general director pay its taxes?

On November 30th, 2013, certain amendments to the Tax Code came into effect that allow a company’s tax arrears to be recovered from individuals that have  a connection to it. Before, an unscrupulous taxpayer’s share of taxes could only be recovered from corporations that were dependent upon that taxpayer.  It is no secret that people doing business circumvented this rule of law by accumulating arrears and then transferring their business to an individual entrepreneur (sole proprietorship). Legislation has now plugged up this loophole, and now assets belonging not only to entrepreneurs, but also to founders and top managers themselves are at the center of attention.
National Business
16
March
2017

Taxes — what to expect in 2017

Spring is here, and, as always when spring comes, it is time to think about quarterly reporting on taxes, levies and contributions. In addition to the new procedure for calculating and paying pension, social and medical insurance contributions that has taken effect in 2017, about which National Business has already written in detail, this year sees a number of other changes, and we aim to shed light on the most interesting of them in this article.
National Business
2
November
2016

What tax dangers are hidden in disqualification

As of April of this year, a new kind of responsibility for repeated flagrant violation of the requirements for accounting was established by the Administrative Offences Code of the Russian Federation, it’s disqualification. Earlier, this measure was used, for example, if a person interfered in the legal activities of inspection staff, committed violations during bankruptcy proceedings, etc. Today, it is much easier to fall afoul of the authorities – just make a mistake in the accounting records, or fail to provide all required documents. Moreover, the danger does not lie so much in the disqualification, as with transactions with entities, who find themselves on the side-lines.
Tax disputes
29
June
2016

What you should know about the tax information exchange, so as not to lose sleep over it

There is just one day left to submit information on foreign bank accounts. Owners of such accounts, who fail to disclose them, risk stiff fines and penalties, should such information become available to the Federal Tax Service. What is known today, about which countries will provide such information?
RBC
10
June
2016

New rules for the activities of foreign-controlled companies

The goal of de-offshorization is to limit the ability of aggressive tax planning using a foreign element, and for taxing the retained earnings of foreign companies controlled by Russian tax residents. These new changes have affected not only taxpayers using foreign companies for tax planning purposes, but also the work of foreign companies that receive income from Russia.
Сorporate lawyer
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