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  • analysis of tax risks associated with the possible qualification of the nature of the Group's activities as a "split" business;
  •  analysis of tax risks associated with qualifying property as movable/ immovable for tax purposes;
  •  support of the process of spin-off of the IT function within the Group for the purpose of applying tax incentives for the IT business

    • Industry Experts

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Alexander Dmitriev Head of Criminal Law Protection of Business, Attorney-at-Law
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Nikita Zharov Senior Consultant in Tax Practice

Some our cases

Production 300 million ₽
Pre-court settlement of tax disputes

Preparation of a legal position confirming the possibility and legality of the application of "tax reconstruction

  • 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

Production Successfully
Tax monitoring

Development of requirements for the functionality of an analytical data mart for the purposes of tax monitoring

Development of requirements for the functionality of an analytical data mart for the purposes of tax monitoring

  • Purpose

    Develop requirements for the functionality of an analytical data mart for the purposes of tax monitoring

  • Employee involved

    Mikhail Begunov

  • Process description

    The client was interested in providing the following services: - development of business requirements and functional requirements for the analytical data mart; - support of communication with an IT integrator during the implementation of a data mart.

  • Result

    The analysis of business processes and IT systems of the Company, mechanisms of their interaction was carried out. Business requirements for the functionality of the data mart were formed based on the requirements of the Federal Tax Service of Russia, the requirements and wishes of the Company, and the best practices for implementing data marts. There was a discussion of business requirements with an IT integrator, as well as a discussion of the capabilities and logic of the integrator's IT solution. The functional requirements for the system were formed and agreed with the integrator, support was provided for the development and testing of the data mart.

Production Successfully
Tax monitoring

Development of a description of a comprehensive internal control system and requirements for automation of control procedures

Development of a description of a comprehensive internal control system and requirements for automation of control procedures when implementing a unified information system for accounting and tax accounting of the largest industrial holding

  • Purpose

    Development of a description of a comprehensive internal control system and requirements for automation of control procedures

  • Employee involved

    Mikhail Begunov

  • Process description

    The client was interested in providing the following services: - development of a detailed description of the risks of the financial function (including accounting, formation of regulated reporting, planning and budgeting, treasury); - development of a description of control procedures covering the specified risks; - formation of a risk matrix and control procedures with analysts necessary for the Company; - development and implementation of documents regulating the definition of the boundaries of the internal control system of the financial function, updating its description, testing the effectiveness of the design and operational effectiveness of control procedures, conducting a procedure for assessing the effectiveness of the internal control system by the Company's management;

  • Result

    An analysis of the business processes of the financial function was carried out, risks and controls were described, and a matrix of risks and controls was formed. Documents regulating the functioning of the internal control service, as well as a package of applied documents, have been formed. Requirements for the automation of control procedures and recommendations for further improvement of the internal control system have been developed.The company highly appreciated the results of the project and the effect of the introduction of a comprehensive internal control system - the results of the project helped to increase the management's confidence in the correctness of accounting and reporting data, the timeliness of payments, the completeness and correctness of budgets, reduce the risk of errors and inaccuracies, and increase the responsibility of employees.

Production Successfully
Support in the framework of pre-test analysis

Assisting the client in preparing a legal position on the "splitting" of the business

  • Employees involved

    Mikhail Begunov, Nikita Zharov, Ivan Tsvetkov

  • Process description

    The tax authority, as part of its pre-inspection analysis, concluded that the taxpayer used a "split" business scheme. In particular, the tax authority believed that: (1) the inclusion of a retailer who applied the simplified taxation system ("Counterparty") in the chain "producer - end buyer" is due solely to tax motives; (2) the taxpayer and the counterparty are interdependent business entities. In view of the above, the taxpayer was requested to adjust its tax liabilities and submit revised tax returns. The Tax Compliance team helped the client to elaborate a legal position confirming that (1) business transactions with the Counterparty are real; (2) business transactions with the Counterparty have a business purpose; (3) no interdependence exists between the taxpayer and the Counterparty.

  • Result

    The tax authority accepted the arguments of the taxpayer.

Production Successfully
Redomicilation in the SAR

Analysis of the possibility of redomiciliation of a business entity in the ATS

Various jurisdictional options for the holding company within the Group are proposed

  • Employee involved

    Nikita Zharov

  • Process description

    The team was tasked with selecting the best jurisdiction for the holding company within the Group. The team analyzed various jurisdictions for opportunities to create / relocate a holding company within the Group. As part of this analysis, including the possibility of redomiciliation of the business in the ATS was considered.

  • Result

    As a result of the analysis, the client was offered various jurisdictional options for the holding company within the Group.

Production Successfully
Pre-court settlement of tax disputes

Support of the client in the framework of the appeal of the client on the issue of the legality of accounting exchange rate differences

Settled a dispute with the tax authority on the legality of accounting exchange rate differences for income tax purposes

  • Employees involved

    Mikhail Begunov, Nikita Zharov

  • Process description

    The Company was accounting for profit taxation purposes for income/expenses in the form of exchange rate differences. Based on the results of the on-site tax audit, the tax authority concluded that the Company's expenses in the form of exchange rate differences do not meet the criterion of documentary support and should not be taken into account for profit taxation purposes

  • Result

    The Tax Compliance team has prepared an appeal to the superior tax authority (Department of the Federal Tax Service of the subject), in which it: (1) presented evidence of sufficient documentary support of the respective expenses; (2) pointed out the methodological errors committed by the auditors in calculating the additional tax charges. Upon consideration of the appeal, the superior tax authority upheld the Company's position in full.

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