New transfer pricing legislation has been on the agenda in Russia for several years now, as the rules dating from 2000 were widely criticised, yet the new law was only approved by Parliament in July this year. Practitioners agreed that new rules were ...
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New transfer pricing legislation has been on the agenda in Russia for several years now, as the rules dating from 2000 were widely criticised, yet the new law was only approved by Parliament in July this year. Practitioners agreed that new rules were needed to provide more certainty for taxpayers. On July 18, President Medvedev announced that new transfer pricing legislation would take effect on January 1 2012. Tax advisers hope that the new framework will ensure there is flexibility where appropriate.
The new rules are based on the OECD guidelines, though not identical to them, and seek to provide greater clarity over the relationships to which the rules will apply. Though the Act contains more detailed provisions, the basic rule is that parties with more than a 25% involvement in another will be deemed 'interdependent persons.' Key provisions include regulation of all transactions between interconnected persons and all transactions worth over R60 million ($2.2 million) for certain categories of goods or with parties in jurisdictions specified by the Ministry of Finance.
Where companies have a series of transactions worth more than R100 million ($3.6 million) with any one party , they must submit documentation detailing the transactions to tax authorities. Failure to comply will not be punishable until 2014, at which time a fine equivalent to 20% of the total value will be introduced, rising to 40% in 2017.
Before Medvedev's announcement, practitioners had commented on the surge in work from companies seeking guidance on the documentation requirements likely to be included in the new legislation. With the new rules now poised for introduction it is expected there will be more work generated as companies prepare in earnest for their effect.
Practitioners were generally positive about the tax system in Russia. Several commented that while the tax authorities were clearly looking to maximise tax receipts due to the economic climate, they were more open to consultation than in previous years. There has also been talk of introducing an Institute of Taxpayers consisting of multinationals, with proposals to include small and medium sized enterprises if successful, to provide a forum for consultation and to ease the shock of the new transfer pricing regime.
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