Cases

• Employee involved

  Alexey Stanchin

• Process description

  The tax authority in the framework of an on-site tax audit came to the conclusion that the taxpayer used technical links for the purposes of obtaining tax profits on VAT and income tax. In particular, the tax authority believed that: (1) in fact the provision of services took place directly from organizations that apply special tax regimes (without VAT); (2) the taxpayer and the counterparty are related business entities. In view of the above, the taxpayer was invited to dispute the technical nature of the disputed counterparties. The Tax Compliance team helped the client to elaborate a legal position which confirmed: (1) lack of controllability between the participants of the contractual relations chain; (2) economic feasibility of the transaction; (3) the reality of financial and economic activities of the disputed counterparties.

• Result

  The tax authority accepted the arguments of the taxpayer

• Employee involved

  Ivan Tsvetkov

• Process description

  The company purchased goods used in construction at the customer's facilities, paying for the supplies by means of the transfer of promissory notes. As a result of an on-site tax audit, the tax authority concluded that the Company's expenses for purchasing the aforementioned goods were not actually confirmed, on the basis of which it assessed additional VAT and corporate profit tax on all transactions with counterparties. The tax authority also assessed additional personal income tax and insurance contributions on the amount of promissory notes transferred as payment for the above transactions, qualifying these expenses as dividends of a person controlling the Company.

• Result

  As a result of developing a legal position, preparing objections to the act, supporting additional tax control measures, preparing objections to the supplement to the act, as well as representing the Company during the consideration of audit materials by the tax authorities, the tax authorities managed to prove the unreasonableness of additional charges in terms of income tax, personal income tax and insurance premiums, thereby reducing the amount of additional charges by 76%.

• Employee involved

  Mikhail Begunov

• Process description

  The client was interested in a number of services regarding the transition to tax monitoring (hereinafter referred to as TM): - diagnosing readiness to join the TM with the development of recommendations and a roadmap; - finalization and formalization of the internal control system in terms of the tax function and the tax risk management system in order to comply with the requirements of the Federal Tax Service of Russia; - preparation of a package of documents in the formats approved by the Federal Tax Service of Russia for submission upon entry into the tax monitoring regime; - development of requirements for the information system of tax monitoring for the possibility of providing access to it to the tax authority; - development of requirements for electronic archive;

• Result

  Diagnostics of the Company's readiness to join the NM was carried out, a road map was developed. Improved and formalized systems of internal control and tax risk management. A package of documents for entry into the NM has been prepared. The documents, including the regulation on information exchange and regulations on internal control and tax risk management systems, have been agreed upon and successfully adopted by the tax authority. Requirements for the tax monitoring information system and electronic archive were developed, discussions were held with the developers. The documents have been agreed upon and successfully accepted by the developers.

Client support within the framework of obtaining the status of an accredited IT company

• Employees involved

  Mikhail Begunov, Nikita Zharov

• Process description

  The Tax Compliance team had the following tasks: (1) to analyze the possibility of obtaining the status of an accredited IT company by the organization; (2) accompany the client in obtaining the status of an accredited IT company.

• Result

  Based on the results of the analysis, the Tax Compliance team suggested that the client finalize the organization’s website in order to ensure its compliance with the requirements established by Decree of the Government of the Russian Federation of September 30, 2022 N 1729. After making adjustments, the Tax Compliance team: (1) helped the client collect a package of documents required to apply for obtaining the status of an accredited IT company; (2) assisted the client in drafting a statement confirming the share of the company's income from IT activities. Based on the results of consideration of the client's application, it was decided to include it in the list of organizations accredited in the field of IT.

• Employee involved

  Alexey Stanchin

• Process description

  The tax authority, as part of an on-site tax audit, concluded that there was a "tax optimization scheme. In particular, the tax authority believed the following: (1) the formality of the Company's relations with its counterparties; (2) nominality of the counterparties; (3) the actions of the Company and/or its counterparties led to its bankruptcy (which the inspection recognized as "fictitious"). The Tax Compliance team helped the client to elaborate a legal position supporting the possibility to apply the "tax reconstruction".

• Result

  The tax authority accepted the arguments of the taxpayer