Tax flash reports

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Tax legislation amendments

Useless tax benefit for energy-efficient buildings

Our report from November 2017 covered a court case concerning a corporate property tax exemption for energy-efficient buildings. This report here will take a look at the Russian Supreme Court’s position on the matter after it upheld the position of tax authorities following the Moscow District Arbitrazh Court’s earlier decision. On 17 April 2018, a Russian Supreme Court judge denied the filing of a case for consideration by the Judicial Board of the Russian Supreme Court for economic disputes.

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Amendments to the Russian Tax Code (RTC) concerning liquidation, shareholder withdrawal, the look-through approach, penalties for late payments and other issues

On 16 April 2018, the State Duma introduced a number of amendments to the RTC, including anti-avoidance rules. In general, the amendments are favourable for taxpayers. For example, penalties for tax arrears will be limited to the size of the unpaid balance.

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Thin capitalisation - just imagine

Thin capitalisation rules stipulate that interest paid abroad are taxed as dividends in certain circumstances. To explore this scenario, let’s imagine that a loan whose interest was re-qualified as dividends for tax purposes is a capital contribution. As we see, the Russian Supreme Court allows to do this. On 6 March and 5 April 2018, the Judicial Chamber of the Supreme Court issued two important rulings. Both disputes focused on treaty criteria regarding application of reduced tax rates on dividend payments. Both cases were filed for re-trial.

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The review of letters of the Ministry of Finance

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