Transfer pricing and pre-audit analysis in Russia

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

Copyright © Legal Benchmarking Limited and its affiliated companies 2025

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

Transfer pricing and pre-audit analysis in Russia

Sponsored by

sponsored-firms-kpmg.png
The RTA has focused more on pre-audit analysis

Ilya Ostrenin of KPMG Russia discusses transfer pricing audits in Russia, looking specifically at the importance of pre-audit analysis.

Despite transfer pricing (TP) legislation being introduced in Russia almost 10 years ago (in 2012), judicial practice in this area remains very limited. Indeed, there are not many actual TP audits, as in recent years the Russian Tax Authority (RTA) has focused more on pre-audit analysis (PAA).  

In the first nine months of 2020, 50% of the state’s budget revenues came from this pre-audit analytical work by the Federal Tax Service of Russia, with the remaining 50% from the use of classic control measures.

PAA provides the RTA with a flexible negotiation tool that allows them to significantly economise the performance of TP audits.  The idea of the PAA is to gain information about a controlled transaction without opening a full TP audit and, if required, to induce the taxpayer to voluntarily adjust its tax obligations without the cumbersome framework of a TP audit.  The procedure for a PAA is not directly set out in the Tax Code of the Russian Federation, but when making PAA requests, the RTA are referring to Articles 93 and 93.1 of the Tax Code of the Russian Federation. 

As a rule, during a PAA the RTA follow this scheme: 

  • Identify companies with a high-risk profile;

  • Submit requests for information, interview employees, discuss circumstances with the taxpayer;

  • Suggest that the company independently adjusts its tax obligations; and

  • In the absence of any agreement with the taxpayer, the RTA open a full TP audit.

Requests from the RTA as part of a PAA may be classified into the following three types.

Collecting general information about the company's intra-group operations

As part of their inquiry, the tax authorities may request a wide range of information about the controlled transactions of that taxpayer.  This type of request does not necessarily mean additional tax will be charged – receipt of such a request may simply mean that the RTA is collecting information about companies in a particular sector to identify companies or transactions that are high risk.

Obtaining detailed information and calculations for specific controversial transactions

The RTA may request details and clarifications about a particular transaction. This may mean that the RTA has done preliminary work and see the potential for additional charges in relation to a specific controlled transaction. This is an ideal time for a taxpayer to enter into substantive dialogue with the RTA.

Requests for calculations and clarifications of tax obligations

To assess whether the prices in the controlled transaction are at arm’s length, the RTA may independently select the applicable TP method, conduct a benchmarking study, and perform relevant calculations. As part of the PAA request, a taxpayer may receive these calculations with a suggestion that they voluntarily adjust their calculated tax liabilities. The taxpayer’s reply should contain a detailed answer with data from the TP documentation. Based on the results of the PAA, the taxpayer can then independently decide on whether to adjust the tax base.

Convenience of pre-audit analysis

PAA can be convenient for both the RTA and taxpayers. 

For the RTA, it gives the ability to encourage a taxpayer to voluntarily adjust its tax base without challenging the TP documentation and going through litigation.  

For a taxpayer, no fines or other sanctions are applied when a decision on an adjustment is made. It additionally gives the taxpayer the chance to get advance pricing agreements faster and easier, because the RTA has studied the transaction and already has an idea of the fair pricing for it.

Ilya Ostrenin

Director, KPMG Russia

E: Iostrenin@kpmg.ru

 

more across site & shared bottom lb ros

More from across our site

AI and assisting clients with navigating global tax reform contributed to the uptick in turnover, the firm said
In a post on X, Scott Bessent urged dissenting countries to the US/OECD side-by-side arrangement to ‘join the consensus’ to get a deal over the line
A new transatlantic firm under the name of Winston Taylor is expected to go live in May 2026 with more than 1,400 lawyers and 20 offices
As ITR’s exclusive data uncovers in-house dissatisfaction with case management, advisers cite Italy’s arcane tax rules
The new guidance is not meant to reflect a substantial change to UK law, but the requirement that tax advice is ‘likely to be correct’ imposes unrealistic expectations
Taylor Wessing, whose most recent UK revenues were £283.7m, would become part of a £1.23bn firm post combination
China and a clutch of EU nations have voiced dissent after Estonia shot down the US side-by-side deal; in other news, HMRC has awarded companies contracts to help close the tax gap
An EY survey of almost 2,000 tax leaders also found that only 49% of respondents feel ‘highly prepared’ to manage an anticipated surge of disputes
The international tax, audit and assurance firm recorded a 4% year-on-year increase in overall turnover to hit $11bn
Awards
View the official winners of the 2025 Social Impact EMEA Awards
Gift this article