Tax Messenger. Changes in the Regulation of Tax Audits, Transfer Pricing and the Conditions for Applying the 0% VAT Rate.

Similar documents
Capital Amnesty. Tax Messenger. Tax Edition

Tax Messenger. Reclassification of a Loan as an Investment. Tax Edition. What has happened? Background to the Dispute:

Tax Alert. What has happened:

Tax Messenger. Court Case regarding the Recognition of Income from Sales where Gift Cards Are Used. Tax Edition

Tax Messenger. Assets Tax Relief for Trunk Pipelines. Tax Edition

Tax Alert. Russia has Signed up to the Standard for Automatic Exchange of Financial Account Information (the Common Reporting Standard, CRS)

Background. FATCA Alert. 18 January 2017

Oil and gas tax regime in Russia: proposed changes

Tax Messenger. Ruling on Second Transfer Pricing Court Case. Tax Edition

Tax Messenger. The Federal Tax Service Issues Guidance on the Beneficial Ownership Rules. Tax Edition

Law Messenger. The Civil Code is amended to include contracts of inheritance and joint wills Amendments on inheritance trusts enter into force

Tax Messenger. Taxation of Russia s Oil and Gas Industry: Changes Effective from Tax Edition

US IRS and Treasury issue final, temporary and proposed regulations under FATCA as well as chapters 3 and 61

Russian Tax Brief November 2016

Tax Messenger. Overview of Proposed Changes to Financial Transaction Legislation. Law Edition

ECU Tax Bulletin. Introduction of AIT: The State Duma Has Passed the Bill in its Third Reading

People Advisory Services. Compliance services

Changes in the taxation of income on securities and interest expense deduction

How Tax Free works? Russian customs authorities. Russian tax authorities. Store. Operator

Shape of the new US tax heart

Tax and Legal Newsletter

Are you meeting your compliance and reporting obligations in Kazakhstan?

process. You will find more about Russian legislative requirements for foreign assignments in this edition.

A law amending the Transfer Pricing rules in Ukraine has been adopted

Human Capital News. Newsletter

Transaction Support Services in Ukraine

European attractiveness survey 2016 Russia findings

Legislative alert: Legal updates

Legal updates: An up-to-the-minute guide to developments in the legislation of the Republic of Azerbaijan. Amendments to the Criminal Code

Legal updates: An up-to-the-minute guide to developments in the legislation of the Republic of Azerbaijan

Russia implements tax law changes in 2016

Legislative alert: Rules on Partner Taxpayers

EY CIS. Russia: time for Chinese investments. A thousand mile trip begins from the first step. Chinese proverb

Russia s State Duma passes De-offshorization draft law

How to make PPP work in Russia

Legislative alert: Legal updates

Russian Government issues bill for implementation of Automatic Exchange of Financial Account Information

Russia releases new version of bill amending De-offshorization Law

Global Tax Alert. Russia publishes revised draft law on de-offshorization. Executive summary. Detailed discussion

Comparing global stock exchanges. Stock market listing standards and fees

Investment climate in Russia Foreign investor perception

EY in partnership with Russia-China Investment Fund. China and Russia in 2017: an intricate path of growth

Cabinet of Ministers of Ukraine has adopted the list of legal forms for transfer pricing purposes

Russian Finance Ministry communications clarify imposition of withholding tax on international transportation services

IFRS 12. Disclosure of Interests in Other Entities

Spain to require maintenance and submission of VAT books by electronic means

Russian Arbitration Court rules in case of first impression on beneficial ownership rules with respect to capital gains

Ninth Annual International Tax Reporting Conference. Boston 7 May 2014

Deoffshorisation in Russia

Greece amends tax penalties and interest on overdue payments

Training seminar The new OHADA Uniform Act on Commercial Companies and Economic Interest Group: What should be known!

Tax Flash Report. New Russian transfer pricing draft law is available. Tax services. Background in brief. Key points

Financial Reporting Developments. Singapore Healthcare Management Congress 2012

Spain to require electronic records and submission for VAT books starting July 2017

07/2014 Tax news. Proposal for changes and amendments to the General Tax Act. Other

Ind AS Master Class Practical insights on transition to Ind-AS Seventh Edition Delhi I Mumbai I Bangalore

Belarus: Brief review of the key amendments to the Tax Code 2019 August 2018

Tax Alert Canada Private company tax reform: Personal tax increases on noneligible dividends scheduled for 2018 and 2019

Tax Alert Canada. Manitoba budget Business tax measures. Corporate tax rates

Global Tax Alert. Spain proposes amendments to the Spanish ETVE and participation exemption regimes. Executive summary. Detailed discussion

Hungarian Government submits 2014 tax amendments to Parliament

Spain proposes to strengthen CFC rules

PARI INSURANCE COMPANY. Moscow, Russia

Australian Treasury releases revised Exposure Draft on Investment Manager exemption

Spain releases draft bill on Digital Services Tax

Hungary amends transfer pricing documentation rules

Driving integrated ÕfYf[aYd Yf\ kg[ayd j]lmjfk

Over 21,000 individual submissions were made to the proposals, including some that were several hundred pages long.

Understanding ASPE. Section 3840, Related Party Transactions

Ireland s Country-by- Country reporting notification deadline is 31 December 2016

Egyptian Parliament approves VAT law bill

Jordan amends Income Tax Law

EY Slovenia. Tax News - Oktober

UK s bilateral APA program for financial transactions is in line with growing global approach

UK Government s guidance on preparing for No Deal on Brexit outlines indirect tax implications

Global Tax Alert. Costa Rican Government submits to Congress two bills to replace the Income Tax Law and substitute the current Sales Tax Law with VAT

Greece enacts changes in transfer pricing penalties and issues guidance on transfer pricing documentation and audit issues

Puerto Rico extends automatic extension period for filing a 2017 tax return from three months to six months

Turkey amends transfer pricing legislation

Tax and legal news 05/2015

Foreign Account Tax Compliance Act: the Internal Revenue Service registration portal a walk through

Indonesia releases amendments to the anti-tax treaty abuse rules

Finding the capital you need to help your private business grow

State income tax exposure for fund managers

Mauritius enacts changes to tax regime for corporations with global business licenses

Tax Alert Canada. Duty relief, duty drawback, and remission available for Canadian surtaxes on certain US originating goods.

Tourism tax. EY Tax Alert. I. Date of coming into operation II. Tourism Tax Regulations 2017

Record to report. Are you audit ready?

Bahrain releases new VAT Law

Understanding ASPE. Section 1506, Accounting Changes

Global Tax Alert. Puerto Rico s legislature proposes numerous tax changes for individuals, conduit entities and corporations.

IFRS adopted by the European Union

24 th Annual Health Sciences Tax Conference

Tax Compliance Reminder. Tax and Legal February 2015

New EU VAT rules simplify VAT for e-commerce

Accounting treatment of taxes

Withholding tax on cash and in-kind benefits in Slovakia. April 2015

Financial ratios: Lost in translation

Introduction to the International Financial Reporting Standards (IFRS) March 2018

Non-resident capital gains taxation on direct and indirect sales of UK property

Transcription:

29 August 2017 Tax Messenger Tax Edition Changes in the Regulation of Tax Audits, Transfer Pricing and the Conditions for Applying the 0% VAT Rate EY s Russian Tax & Law practice was named a leading Tax firm in Russia in World Tax 2017, an annual guide published by the International Tax Review. What has happened? On 15 August a draft federal law Concerning the Introduction of Amendments to Part Two of the Tax Code of the Russian Federation (Draft Law No. 249505-7) was submitted to the State Duma. The initiator of the bill is the chairman of the State Duma s Budget and Tax Committee, Andrey Mikhailovich Makarov. The draft law makes substantial changes to the regulation of tax audits, additional tax control measures, transfer pricing and the conditions for applying the 0% VAT rate.

What does it mean? The draft law proposes that the time allowed to carry out an in-house audit should be cut from three months to one month (clause 1 of Article 1 of the draft law). It also proposes to limit the scope of a repeat onsite tax audit prompted by the submission by a taxpayer of a revised tax declaration in which the amount of tax is lower than the amount previously declared. Under the draft law, the repeat audit would be able to review only the calculation of tax with reference to the amended information in the revised declaration which caused the previously calculated amount of tax to be reduced (or losses to be increased). In other words, in carrying out this type of on-site audit the tax authority would be limited to checking the validity of the claimed reduction in the amount of tax. The draft law also modifies procedures for carrying out additional tax control measures. After carrying out such measures, tax authorities would be required to prepare a statement of additional tax control measures carried out, indicating the start and end dates of the measures and the substance of any tax offence that has been confirmed by the measures and is specified in the tax audit report. As far as transfer pricing regulations are concerned, the draft law reduces the range of domestic controlled transactions by raising from one to three billion roubles the amount of income that must be generated from such transactions over the course of a calendar year in order for them to be classed as controlled. The draft law also proposes an additional condition that must be met in order for transactions with foreign related entities to be treated as controlled: namely, that the amount of income from such transactions over the course of a calendar year must exceed 60 million roubles. The draft law proposes amendments that would make it easier for taxpayers to support their right to apply the 0% VAT rate in relation to export operations: Removal of the provision whereby the 0% rate applies only if the purchaser of exported goods is a foreign entity Exclusion of consignment documents from the list of documents needed to support the right to apply the 0% rate for exported goods. The revised wording proposed by the draft law states only that copies of transport, consignment or other documents confirming the removal of stores from the customs territory of the Customs Union and (or) from Russian territory by aircraft and by sea-going and combined navigation vessels must be presented in the case of the removal of stores for which declaration for customs purposes is not required under the customs law of the Customs Union An amendment to Article 165 of the Tax Code under which agreements that have previously been submitted to a tax authority would not have to be submitted again for the purpose of applying a 0% rate. According to the explanatory note to the draft law, this would eliminate the need to re-submit copies of long-term contracts that have already been submitted to the tax authorities together with tax declarations for prior tax periods What might happen? The draft law represents the first attempt for a long time to reduce the administrative burden that tax control measures impose on taxpayers. The fact that the bill was tabled by the chairman of the Budget and Tax Committee means that it stands a high chance of eventually being passed by the State Duma. If the draft law is passed, it should lead to a reduction in tax risks arising from repeat tax audits occasioned by the submission of a revised tax declaration and risks associated with proving a taxpayer s right to apply the 0% VAT rate in relation to export operations. The draft law also takes a fairly wide range of transactions (both domestic and international) out of the scope of transfer pricing control exercised by the tax authorities. It is important to note that the draft law has only been presented to the legislature for discussion and is likely to undergo much modification in the process of the review of this legislative initiative. 2

Authors: Arseny Arakelyan Dmitri Babiner For additional information please contact the authors of this publication: Dmitri Babiner +7 (812) 703 7839 Dmitri.Babiner@ru.ey.com 3

Inquiries may be directed to one of the following executives: Moscow CIS Tax & Law Leader Peter Reinhardt +7 (495) 705 9738 Oil & Gas, Power & Utilities Alexei Ryabov +7 (495) 641 2913 Victor Borodin +7 (495) 755 9760 Financial Services Irina Bykhovskaya +7 (495) 755 9886 Maria Frolova +7 (495) 641 2997 Ivan Sychev +7 (495) 755 9795 Industrial Products Alexei Kuznetsov +7 (495) 755 9687 Vadim Ilyin +7 (495) 648 9670 Consumer Products & Retail, Life Sciences & Healthcare Dmitry Khalilov +7 (495) 755 9757 Real Estate, Hospitality & Construction, Infrastructure, Transportation Anna Strelnichenko +7 (495) 705 9744 Svetlana Zobnina +7 (495) 641 2930 Technology, Telecommunications, Media & Entertainment; Tax Performance Advisory Ivan Rodionov +7 (495) 755 9719 Tax Technology Sergey Saraev +7 (495) 664 7862 People Advisory Services Zhanna Dobritskaya +7 (495) 755 9675 Gueladjo Dicko +7 (495) 755 9961 Sergei Makeev +7 (495) 755 9707 Ekaterina Ukhova +7 (495) 641 2932 Cross Border Tax Advisory Vladimir Zheltonogov +7 (495) 705 9737 Marina Belyakova +7 (495) 755 9948 Transfer Pricing and Operating Model Effectiveness Evgenia Veter +7 (495) 660 4880 Maxim Maximov +7 (495) 662 9317 Tax Policy & Controversy Alexandra Lobova +7 (495) 705 9730 Alexei Nesterenko +7 (495) 622 9319 Global Compliance and Reporting Yulia Timonina +7 (495) 755 9838 Alexei Malenkin +7 (495) 755 9898 Sergei Pushkin +7 (495) 755 9819 Law Georgy Kovalenko +7 (495) 287 6511 Alexey Markov +7 (495) 641 2965 St. Petersburg Dmitri Babiner +7 (812) 703 7839 Anna Kostyra +7 (812) 703 7873 Vladivostok Alexey Erokhin +7 (914) 727 1174 Ekaterinburg Irina Borodina +7 (343) 378 4900 For information about Foreign Countries Business centers in EY Moscow office please follow the link. Private Client Services Anton Ionov +7 (495) 755 9747 Customs & Indirect Tax Vitaly Yanovskiy +7 (495) 664 7860 Transaction Tax Yuri Nechuyatov +7 (495) 664 7884 This publication contains information in summary form and is therefore intended for general guidance only. It is not intended to be a substitute for detailed research or the exercise of professional judgment. Neither EYGM Limited nor any other member of the global EY organization can accept any responsibility for loss occasioned to any person acting or refraining from action as a result of any material in this publication. On any specific matter, reference should be made to the appropriate advisor. 2017 Ernst &Young (CIS) B.V. http://www.ey.com/

EY Assurance Tax Transactions Advisory About EY EY is a global leader in assurance, tax, transaction and advisory services. The insights and quality services we deliver help build trust and confidence in the capital markets and in economies the world over. We develop outstanding leaders who team to deliver on our promises to all of our stakeholders. In so doing, we play a critical role in building a better working world for our people, for our clients and for our communities. EY works together with companies across the CIS and assists them in realizing their business goals. 4,800 professionals work at 20 CIS offices (in Moscow, St. Petersburg, Novosibirsk, Ekaterinburg, Kazan, Krasnodar, Togliatti, Vladivostok, Yuzhno- Sakhalinsk, Rostov-on-Don, Almaty, Astana, Atyrau, Bishkek, Baku, Kyiv, Tashkent, Tbilisi, Yerevan, and Minsk). EY refers to the global organization, and may refer to one or more, of the member firms of Ernst & Young Global Limited, each of which is a separate legal entity. Ernst & Young Global Limited, a UK company limited by guarantee, does not provide services to clients. For more information about our organization, please visit ey.com. Contacts Almaty +7 (727) 258 5960 Astana +7 (7172) 58 0400 Atyrau +7 (7122) 99 6099 Baku +994 (12) 490 7020 Bishkek +996 (312) 39 1713 Ekaterinburg +7 (343) 378 4900 Kazan +7 (843) 567 3333 Kyiv +380 (44) 490 3000 Krasnodar +7 (861) 210 1212 Minsk +375 (17) 240 4242 Moscow +7 (495) 755 9700 Novosibirsk +7 (383) 211 9007 Rostov-on-Don +7 (863) 261 8400 St. Petersburg +7 (812) 703 7800 Tashkent +998 (71) 140 6482 Tbilisi +995 (32) 215 8811 Togliatti +7 (8482) 99 9777 Vladivostok +7 (423) 265 8383 Yerevan +374 (10) 500 790 Yuzhno-Sakhalinsk +7 (4242) 49 9090 2017 Ernst & Young (CIS) B.V. All Rights Reserved. This publication contains information in summary form and is therefore intended for general guidance only. It is not intended to be a substitute for detailed research or the exercise of professional judgment. Neither EYGM Limited nor any other member of the global EY organization can accept any responsibility for loss occasioned to any person acting or refraining from action as a result of any material in this publication. On any specific matter, reference should be made to the appropriate advisor.