Russia: Russian MAP Profiles: A step forward in resolving treaty-related disputes

International Tax Review is part of Legal Benchmarking Limited, 1-2 Paris Garden, London, SE1 8ND

Copyright © Legal Benchmarking Limited and its affiliated companies 2026

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


Russia: Russian MAP Profiles: A step forward in resolving treaty-related disputes

grinko.jpg

Alexander Grinko

The BEPS Action 14 report "Making Dispute Resolution Mechanisms More Effective" (hereinafter, the 2015 Action 14 Report) contains a commitment by countries to implement a minimum standard to ensure that they resolve treaty-related disputes in a timely, effective and efficient manner by publishing their Mutual Agreement Procedure (MAP) profiles.

As part of implementation of the 2015 Action 14 Report, at the end of 2016, the Russian Federation submitted to the OECD its MAP profile, providing comprehensive contact details for the authorities, links to publicly available information, guidance and other useful country-specific information regarding the MAP process.

What does the Russian MAP profile contain?

The MAP is the procedure by which the representatives of states that have entered into bilateral tax treaties can resolve disputes, difficulties or doubts arising in relation to the interpretation or application of the said treaty.

The Russian MAP profile covers the availability of and access to the MAP. It clearly indicates the important issues covered within the MAP's scope, which include:

  • Transfer pricing cases;

  • Issues relating to the application of treaty anti-abuse provisions;

  • Issues relating to the application of domestic anti-abuse provisions; and

  • Double taxation cases resulting from bona-fide taxpayer-initiated foreign adjustments.

In addition to these, the Russian MAP profile confirms that taxpayers are allowed to request MAP assistance in cases where the taxpayer has sought to resolve the issue under dispute via judicial and administrative remedies provided under the domestic law of the Russian Federation.

On the other hand, the Russian MAP profile points out that:

  • There is no guidance on multilateral MAPs and there are no explanations regarding the relationship between the MAP and the domestic law administrative and judicial remedies publicly available;

  • There are no example timeframes for the steps to be taken by the relevant authorities from receipt of a MAP case to when the taxpayer receives resolution, and no publicly available statistics on the time taken to resolve MAP cases; and

  • In cases when the agreement reached by the competent authority through the MAP process leads to a refund of tax due or paid by the taxpayer, there is no publicly available information on the timeframe by which the taxpayer could expect its tax position to be amended to reflect the reached agreement and/or a refund of the tax paid.

The issues covered by the Russian MAP profile relate to the most controversial tax disputes regarding cross-border transactions affecting the taxation of a wide circle of companies, including the Russian subsidiaries of multinational companies and Russian companies that have subsidiaries abroad.

The Russian MAP profile is a first step towards resolving treaty-related disputes in an effective and efficient manner. In addition, there is hope that its drawbacks, which include uncertainty regarding the MAP's timeframes and a lack of guidance, will be eliminated as the procedure is developed.

Alexander Grinko (agrinko@kpmg.ru), Moscow

KPMG in Russia and the CIS

Tel: +7 (495) 937 44 77

Website: www.kpmg.ru

more across site & shared bottom lb ros

More from across our site

It was also a memorable night for Galicia, KPMG, Skadden and Pinheiro Neto, all of which scooped major awards at a gala ceremony in New York
The former Deloitte UK CEO earned a 45% raise in a year when 1,000 staff reportedly lost their jobs – and the pay gap is only getting bigger
In a seminal development for big law, the 95-year-old firm is set to cease operations after a series of high-profile partner departures
UK Chancellor John Healey extended a VAT cut, suspended tariffs, increased a bank surcharge and vowed to increase funding for HMRC
Kristine Riisberg warned that TP decisions can determine top-up tax exposure under pillar two, while global consensus over the rules remains unsettled
Both Germany’s NIS2 and the EU AI Act now determine whether a tax function can meet its obligations – and both can make management personally accountable
Originators, loan purchasers and securitisation vehicles may need to revisit servicing agreements and pricing after a key judgment narrowed the VAT credit management exemption
Opening doors for existing talent within Baker McKenzie and a desire for enhanced legal capabilities informed Ricardo Perera’s switch from KPMG
Boaz Goren’s move to the upstart PE-backed firm takes the number of senior UK tax professionals who have left EY this year to 13
The allegations against Deloitte Cyprus raise uncomfortable questions about how far the big four can distance themselves from misconduct at member firms
Gift this article