Russia: Bilateral APAs offer new opportunities
International Tax Review is part of the Delinian Group, Delinian Limited, 4 Bouverie Street, London, EC4Y 8AX, Registered in England & Wales, Company number 00954730
Copyright © Delinian Limited and its affiliated companies 2024

Accessibility | Terms of Use | Privacy Policy | Modern Slavery Statement

Russia: Bilateral APAs offer new opportunities

intl-updates-small.jpg

The Russian transfer pricing rules (TP rules) enacted in 2012 provide the opportunity for taxpayers to conclude both unilateral and bilateral advance pricing agreements (APAs). However, no bilateral APAs have been concluded until now.

lemetyuynen.jpg
iyudin.jpg

Ilarion Lemetyuynen

Alexander Iyudin

The stumbling block is the lack of formal procedure from the Federal Tax Service (FTS) as to how taxpayers should form bilateral APAs, and how taxpayers should correctly negotiate them with foreign tax authorities.

In March 2017, the Russian Ministry of Finance published a draft procedure for concluding bilateral APAs (http://regulation.gov.ru/projects#npa=38776) (the draft procedure). It is now at the stage of public discussion.

The key features of the bilateral APA draft procedure are as follows:

  • Conclusion of bilateral APAs is allowed only with countries that have signed double tax treaties with Russia;

  • The FTS is empowered to be the competent authority to rule on mutual agreement procedures and to exchange tax information; and

  • The bilateral APA application template, and the list of information/documents to be submitted, inter alia includes:

  • evidence to show that the TP methodology was applied as proposed in the bilateral APA (for the past three years available); and

  • provision of the critical assumptions upon which the methodology is based.

The draft procedure sets forth the following stages for concluding a bilateral APA. These are in line with international practice:

  • The pre-filing meeting (optional), which grants the opportunity to discuss with the FTS the feasibility of a bilateral APA and the TP methodology;

  • The actual filing of the bilateral APA application: a formal procedure for requesting a bilateral APA. The taxpayer should submit both the draft bilateral APA and all supporting documents as required in the procedure, as well as pay a stamp duty;

  • Processing of the bilateral APA application by the FTS, after which one of the following decisions is made:

  • conclusion of the bilateral APA is rejected;

  • the taxpayer must amend the draft bilateral APA/provide additional documents; or

  • Negotiations proceed with the competent foreign authority.

  • Negotiations with the competent foreign authority: after these, the FTS decides whether to:

  • conclude; or

  • to send back the bilateral APA for further amendments.

  • Decision granted on conclusion of the bilateral APA: At this stage, the taxpayer has the right to agree and sign the bilateral APA, or withdraw its application.

It is expected that the procedure will be finalised within several months. The Russian Ministry of Finance supports the procedure for bilateral APAs and wants to see it adopted. It also supports development of mutual agreement procedures (MAP) for transfer pricing cases.

There is currently an opportunity to meet with the FTS and discuss the feasibility of concluding a bilateral APA. This may potentially quicken the process for concluding a bilateral APA once the procedure is finalised.

Hopefully the bilateral APA and MAP mechanisms will soon be available in Russia. As a result, companies will gain an instrument to avoid time-consuming transfer pricing audits, possible heavy adjustments, and in the worst case scenario, double taxation.

Ilarion Lemetyuynen (ilemetyuynen@kpmg.ru) and Alexander Iyudin (aiyudin@kpmg.ru)

KPMG in Russia and the CIS

Tel: +7 (495) 937 44 44

Website: www.kpmg.ru

more across site & bottom lb ros

More from across our site

The reported warning follows EY accumulating extra debt to deal with the costs of its failed Project Everest
Law firms that pay close attention to their client relationships are more likely to win repeat work, according to a survey of nearly 29,000 in-house counsel
Paul Griggs, the firm’s inbound US senior partner, will reverse a move by the incumbent leader; in other news, RSM has announced its new CEO
The EMEA research period is open until May 31
Luis Coronado suggests companies should embrace technology to assist with TP data reporting, as the ‘big four’ firm unveils a TP survey of over 1,000 professionals
The proposed matrix will help revenue officers track intra-company transactions from multinationals
The full list of finalists has been revealed and the winners will be presented on June 20 at the Metropolitan Club in New York
The ‘big four’ firm has threatened to legally pursue those behind the letter, which has been circulating on social media
The guidelines have been established in the wake of multiple tax scandals and controversies that have rocked the accounting profession
KPMG Netherlands’ former head of assurance also received a permanent bar and $150,000 fine; in other news, asset management firm BlackRock lost a $13.5bn UK tax appeal
Gift this article