The latest and expected changes in Russian and U.S. Transfer Pricing legislation

Similar documents
IASB issues IFRIC 23 Uncertainty over Income Tax Treatments

IASB issues exposure draft: Annual Improvements to IFRSs Cycle

Change of VAT treatment of electronic services rendered by foreign suppliers

United States Tax Alert

US Tax Court s Altera Decision Raises Broader Questions

Irish Revenue release details on monitoring compliance with transfer pricing rules. Global Transfer Pricing Alert

Securing tomorrow today Meeting strategic tax goals through a transformational outsource model

Tax & Legal 30 November 2017

Transfer Pricing breakfast briefing Committed to your success See Jee Chang, Tax Partner, Transfer Pricing Leader, Deloitte Singapore

IASB issued an amendment to IFRS 4 Insurance Contracts to address concerns about the different effective dates of IFRS 9 and the new insurance

Global Transfer Pricing Alert

LT in focus Amendments to CFC rules and voluntary declaration of property legislation

United Kingdom Tax Alert

Christmas webinar: Residence permit through investments in Greece Deloitte Tax, Greece 12 December 2018

Recent trends and developments in the Nordics

Law Tax reform 2017 individual tax measures. Communication 3 October Deloitte Touche Tohmatsu Limited

Transfer pricing services. in Belarus A wind of change. Transfer pricing services

Analysis of Insolvency System in Latvia Extent and economic impact

Mexico substantially modifies transfer pricing adjustment rules. Global Transfer Pricing Alert

To invest or not to invest. A view of pension fund investment into private equity instruments

IASB issues 2015 Amendments to the IFRS for SMEs

International Tax Colombia Highlights 2018

Arms Length Standard Transfer Pricing Disputes on the Rise By Michiel Els

BEPS Actions implementation by country Actions 8-10 Transfer pricing

EMEA conference Transforming tax making it work. The Crystal, London 9-10 June 2015

BVS Seminar Draft Law / Royal Decree changing SIR regulatory framework

Analytical credit datasets: AnaCredit. Deloitte Insights: Analytical credit datasets AnaCredit

Accounting & Auditing News IFRS 15 Revenue from Contracts with Customers: Part 3L Impact on Power Sector

China Related Party Transactions and TP Documentation Rules Highlights. 10 August 2016

International Tax Latvia Highlights 2019

Accounting & Auditing News IFRS 15 Revenue from Contracts with Customers: Part 3N Impact on Chemicals Sector

Be in the Know. Tax & Legal February Special Customs Alert 0

Tax status of Permanent Establishments

Transfer pricing Make your frontline defense against transfer pricing audits cohesive, consistent, and cost-efficient

Presentation. Tax risks faced by Chinese investors eyeing attractive investment opportunities in GCC. 15 March 2016

Deloitte EMEA Blockchain Lab Blockchain Fundamentals 28 th September 2017

Accounting & Auditing News IFRS 15 Revenue from Contracts with Customers: Part 3O Impact on Automotive Sector

Tax News Overview of the rules on improvement of tax administration

New laws mitigate tax penalties

Oil and gas taxation in Namibia Deloitte taxation and investment guides

Financial reporting How do you do it? Metals and Mining, Energy, Oil and Gas, Fertilisers

OECD releases additional implementation guidance on CbC reporting and appropriate use of information in CbC reports

International Tax Russia Highlights 2018

Cyprus Tax News New rules for taxation of intra-group financing arrangements

GUIDANCE ON SEVERAL ARTICLES REGARDING TAX ADMINISTRATION OF TRANSFER PRICING IN ENTERPRISES

November The CPA and other market conduct legislation Decoding the overlap

Headline Verdana Bold International Tax matters ICPAU Tax Seminar, Hotel Africana November, 2017

Russian withholding tax refund Tax & Legal

Serbia. Tax&Legal Highlights May International taxation

Beneficial ownership concept and substance requirements

International forum: focus on Azerbaijan Doing business in Azerbaijan. Nuran Kerimov

International Tax Indonesia Highlights 2018

Deloitte TaxMax The 43 rd series One bold step in the right direction. Theresa Goh & Subhabrata Dasgupta l 22 November 2017 By Deloitte Tax Academy

Switzerland. Investment basics

Country by Country Reporting. Tools & Approach. Deloitte Global Tax Center (GTCE) 28 May 2015

Tax governance in the Middle East Governing tax activity within your business

Changes to Dutch Accounting Standards for small legal entities Changes to annual edition 2015, including amendments to Title 9 Book 2 NCC

United Kingdom Tax Alert

International Tax Egypt Highlights 2018

Track Changes. Ind AS 7 and Ind AS 102

Key amendments to PRC interim Value Added Tax (VAT) regulations

Australia issues draft guidelines on inbound distribution arrangements. Global Transfer Pricing Alert

Changes to Dutch Accounting Standards for micro-sized and small legal entities Changes to annual edition 2017

India Tax Alert. Revised Direct Taxes Code bill tabled in Parliament. Corporate tax rate. 5 September 2010

International Tax South Africa Highlights 2018

Singapore Releases Proposed New Guidelines on Transfer Pricing Documentation

Global Tax Reset Transfer Pricing Documentation Summary. February 2018

Deloitte Audit Reform Briefing: Unprecedented reform proposed for the EU audit market

International Tax Russia Highlights 2019

Briefing on IASB TRG papers for 2 May meeting

EMEA TMC client conference Transformational outsourcing - How Amer Sports leveraged outsourcing to achieve change. The Crystal, London 9-10 June 2015

Cyprus Tax News Cyprus Tax Law Amendments

After the sunset: The impact of Brexit on EU market access for banks and investment firms Dr. Mathias Hanten, Dr. Osman Sacarcelik, 23 February 2018,

International Tax Saudi Arabia Highlights 2018

International Tax Slovakia Highlights 2019

United Kingdom Tax Alert

Changes in Legislation Honduras

Altraso Ventures Ltd. Interim Condensed Consolidated Financial Information for the 1st half of 2018 (unaudited)

Headline Verdana Bold Qatar Tax Seminar 2016 Managing the sharp climb of tax expansion

Professional Practice Department January 2016

The International Headquarters (IHQ) Regime. May 2015

The control concept in IFRS things investment managers need to know

Changes to Dutch Accounting Standards for micro-sized and small legal entities Changes to annual edition 2016

Transfer Pricing Country Summary Russia

Changing the domestic financial services supervisory architecture Twin Peaks. Financial Sector Regulation Act

June FATCA impact on real estate industry

International Tax Finland Highlights 2018

International Tax Slovenia Highlights 2018

Selecting Discount Rates in the Application of the Income Method

Customized solution for direct tax compliance. TAXDialogue

New Regulation No. 240/PMK.03/2014

International Tax Georgia Highlights 2018

Global Information Exchange FATCA Reporting Offering

Corporate Tax Alert Stay informed of new developments

United Kingdom diverted profits tax now in effect

EU VAT Reform proposals 2017 A view from business perspective

International Tax New Zealand Highlights 2019

Understanding the Practical Implications of FATCA on Trusts

Indirect Tax Alert Transition from GST to SST: Latest updates

The OECD s Discussion Draft on Transfer Pricing Documentation and Country-by-Country Reporting: A work in progress

Transcription:

American Chamber of Commerce in Russia The latest and expected changes in Russian and U.S. Transfer Pricing legislation AmCham's 2015 Annual Tax Conference, 30 October 2015 Dmitry Kulakov, Tax Partner

Recent changes in Russian TP legislation New rules for corresponding adjustments New rules on application of corresponding adjustments for Russian counterparties from January 1, 2015 Two options: 1. Upon the audit by 2. Taxpayerinitiated the Federal corresponding Tax Service adjustments 2

Recent changes in Russian TP legislation New rules for corresponding adjustments Legislator stipulates the following procedure for performing corresponding adjustments: Corresponding adjustments based on the Federal Tax Authority decision as a result of tax audit Notice received from Federal Tax Service Taxpayer-initiated corresponding adjustments - if counterparty adjusted prices in accordance with the arm s length principle and increased the tax base in tax return Documentation provided by counterparty confirming the adjustment and fulfillment of all counterparty obligations to the state budget for voluntary adjustments 3

Recent changes in Russian TP legislation Additional amendments Increased state fee for the examination of Advanced Pricing Agreement - 2 million RUR instead of 1.5 million RUR Changes in Art. 269 of the Tax Code concerning deductibility of interest 4

Forthcoming changes in the Russian TP legislation Thresholds for controlled transaction: Domestic transactions - 2 billion RUR Transactions with foreign related parties - 60 million RUR TP audit: TP audit can be conducted based on the information received from the local tax authority including information about possible inconsistencies of prices in controlled transactions with arm s length range Possibility to engage officials of the local Tax authority to conduct TP audits TP Documentation: The taxpayer would not be obliged to prepare TP Documentation in following transactions: The transaction volume does not exceed 5% of the total amount of transactions with this counterparty, and The transaction does not exceed 10 million rubles Use of the median of the arm s length range: Introduction of the median value of the arm s length range Using the median to adjust tax base in tax audit assessments 5

TP Developments in US New Competent Authority Revenue Procedure On August 2015 the IRS released the new Revenue Procedures: 2015-40 provides guidance on the process of requesting and obtaining competent authority assistance under the mutual agreement procedure (MAP) Taxpayer-initiated adjustments VS Government actions (audit) 2015-41 provides guidance on advance pricing agreements (APAs) 6

TP Developments in US Altera case The Court decided that the all cost rule is invalid as it is inconsistent with the arm s length standard and stock-based compensation costs (SBC) should not be included in cost sharing base of the qualified cost sharing arrangement participants Raises questions with respect to the inclusion of SBC costs as part of the total costs not only for purposes of Treas. Reg. 1.482-7 (cost sharing), but also Treas. Reg. 1.482-9 (controlled services transaction) Empirical evidence ( behavioralist interpretation) VS Economic principles ( thought experiment ) 7

TP Developments in US Issues raised in the letter from the law makers regarding the OECD advances: 8

deloitte.ru About Deloitte Deloitte refers to one or more of Deloitte Touche Tohmatsu Limited, a UK private company limited by guarantee ( DTTL ), its network of member firms, and their related entities. DTTL and each of its member firms are legally separate and independent entities. DTTL (also referred to as Deloitte Global ) does not provide services to clients. Please see www.deloitte.com/about for a more detailed description of DTTL and its member firms. Please see www.deloitte.ru/en/about for a detailed description of the legal structure of Deloitte CIS. Deloitte provides audit, tax, consulting, and financial advisory services to public and private clients spanning multiple industries. With a globally connected network of member firms in more than 150 countries and territories, Deloitte brings world-class capabilities and high-quality service to clients, delivering the insights they need to address their most complex business challenges. Deloitte s more than 210,000 professionals are committed to becoming the standard of excellence. This communication contains general information only, and none of Deloitte Touche Tohmatsu Limited, its member firms, or their related entities (collectively, the Deloitte Network ) is, by means of this communication, rendering professional advice or services. No entity in the Deloitte network shall be responsible for any loss whatsoever sustained by any person who relies on this communication.. All rights reserved.