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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 Lawyer
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Nikita Zharov Senior Consultant in Tax Practice

Some our cases

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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