energy

Industries

energy

  • supporting the process of excluding production and other facilities of energy companies from the list of immovable property in respect of which the tax base is determined as their cadastral value;
  • support of disputes with the tax authorities related to the qualification of the property of energy companies as movable / immovable;
  • analysis of tax risks associated with qualification of the facilities of energy companies as immovable property;
  • analysis of the risks of applying tax exemptions in relation to the facilities of energy companies and the development of recommendations to minimize them;
  • assessment of tax risks associated with accounting losses from debt restructuring and development of recommendations for their minimization.
  • assessment of electric grid companies' tax reserves related to non-contractual electricity consumption.
  • Industry Experts

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Nikita Zharov
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Andrey Solomyany

Some our cases

energy 3 billions ₽
Court settlement of tax disputes

Representing a major oil producer in court to reclaim an invoice

  • Process description

    The client's counterparty refused to issue an invoice for the work performed on a major construction project. This position of the defendant was due to the fact that the parties had different approaches to determining the final cost of the work. The dispute was also complicated by the existence of conflicting practices regarding the possibility of such claims. (Project implemented by employee prior to joining Tax Compliance)

  • Result

    Through an elaborate strategy, the court agreed that the company's invoicing requirements of the counterparty should be satisfied.

energy Successfully
Tax support of transactions

Tax support for the creation and operation of a large investment partnership

  • Process description

    The client required advice on a wide range of tax issues, including taxation of IT exit, IT financing using various instruments, distribution of profits, sale of assets, etc. The consulting was carried out at all stages, including the process of IT creation and operation. The work on this project was complicated by the specifics of IT taxation and included analysis of a significant volume of various transactions, including barter transactions, loans, assignment of rights of claim and transfer of debts, as well as other ones. (The project was implemented by an employee before joining Tax Compliance)

  • Result

    The client received ready-made solutions on the issues of interest and a map of tax consequences of IT activities. Tax consulting on this project was complicated by the presence of many unresolved issues of IT taxation in Russia, for each of which the client was able to provide effective solutions.

energy 15 millions ₽
Court settlement of tax disputes

Defending the interests of a major generating company in a dispute over the treatment of "golden parachutes" as expenses for corporate income tax purposes.

  • Process description

    During the tax period under audit the Company paid remuneration to employees for voluntarily agreeing to terminate an employment contract. This remuneration was included in expenses for corporate income tax purposes. The tax authority considered these expenses to be economically unjustified, which led to a tax dispute. (Project implemented by employee before joining Tax Compliance)

  • Result

    The legal position and calculations prepared on the basis of the emerging jurisprudence made it possible to substantiate the illegality of a significant amount of additional charges within the episode. This project was successfully implemented during the most difficult period of time when the practice on accounting of the respective payments as expenses was heterogeneous and contradictory.

energy 40 million ₽
Court settlement of tax disputes

Supporting a dispute over retrospective application of the results of cadastral value revision in the interests of a major generating company

  • Process description

    At the end of 2016 the Moscow authorities decided to revise the value of a number of key facilities and to make its application retroactive. The Company did not agree to pay corporate property tax for 2016 based on the recalculated value, which led to a dispute with the tax authority. (The project was implemented by an employee before joining Tax Compliance)

  • Result

    As a result of developing the right strategy, based on the position of the Supreme Court of the Russian Federation in the case of Yumaks, we were able to convince the court of the legitimacy of the client's claims.

energy Successfully
Court settlement of tax disputes

Supporting a dispute over the exclusion of production buildings of one of Russia's largest generating companies from the list of immovable property for which the tax base is determined as the cadastral value

  • Process description

    A number of buildings of the energy company were used for purposes related to production activities, both directly and indirectly, in particular to accommodate personnel, etc. These buildings were included in the list as a result of a survey of their actual use by the regional authorities, as well as taking into account the permitted use of the land plot. (Project implemented by an employee prior to joining Tax Compliance)

  • Result

    In this dispute, we were able to convince the court to exclude all buildings from the list, allowing the client to achieve substantial tax savings.

energy Successfully
Support of tax audits

Support of the client in the field tax audit and pre-trial appeal on the validity of the application of the reduced tax rate at source

The dispute with the tax authority regarding the legality of the application of a reduced tax rate at source is resolved

  • Employee involved

    Nikita Zharov

  • Process description

    A company applied a reduced withholding tax rate in relation to dividends distributed to a foreign shareholder. The tax authority, as part of an on-site tax audit, investigated the circumstances of the foreign organization's activities and the legitimacy of the application of the preferential provisions of the IRS. As a result of the audit, the tax authority concluded that the standard rate of 15 percent was to be applied to dividends.

  • Result

    The team helped the client to successfully pass an on-site tax audit, in particular assisted in preparation of answers to tax authorities' requirements, accompanied the client during interrogations of employees and other control measures, provided methodological support to the client on arising issues. Subsequently, the team helped to form a legal position that was used by the client during the pre-trial and trial stages. As a result, the dispute with the tax authorities was successfully resolved in favor of the client in court