transport

Industries

transport

  •  analysis of the legality of the 0% VAT rate for international transportation services, freight forwarding services, services rendered in ports and other services (works) in the transport industry.
  • assessment of the correctness of the application of VAT exemptions for services to sea vessels, inland waterway vessels and mixed (river-sea) navigation vessels and other industry work (services).
  • assessment of the prospects and risks associated with the collection of VAT from counterparties in case of incorrect determination of the VAT rate and/or the status of the operation as a taxable/non-taxable.
  • development of standard tax clauses allowing to minimize the risks of incorrect determination by the parties of their tax obligations at the conclusion of transactions.
  • assessment of tax risks associated with the reclassification of various types of income (lease payments into interest, etc.) for withholding tax purposes in Russia.
  • Industry Experts

profile
Alexey Stanchin
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Mikhail Begunov

Some our cases

transport Successfully
Advising on the application of tax legislation

Advising the client on personal income taxation of individuals working outside the Russian Federation

  • Employees involved

    Mikhail Begunov, Ivan Tsvetkov, Nikita Zharov

  • Process description

    The Tax Compliance team was given the task of analyzing the tax risks associated with the procedure for taxing the income of individuals working outside of Russia.

  • Result

    The Tax Compliance team has identified the areas most exposed to tax risks and prepared recommendations for improving document management (in terms of processing the client's labor relations with employees working outside of Russia) based on the results of the analysis.

transport Successfully
Tax Audit

Optimization of tax risks associated with aircraft charter operations for one of the largest companies in Russia

  • Process description

    The client requested to analyze the current structure of interaction within the framework of aircraft charter contracts. The consultant was assigned the task to analyze tax risks and identify ways to minimize them. (The project was implemented by the employee before joining Tax Compliance)

  • Result

    As a result of the work done by the consultant was able to change the contractual structure, which allowed to minimize the risks of the client associated with the application of 0% VAT rate and others.

transport Successfully
Pre-court settlement of tax disputes

Preparation of a legal position confirming the reality of freight forwarding services in conjunction with the reconstruction of a number of episodes

The client was rendered support services in the frame of on site tax audit, objections to the act of tax audit, additional materials of tax control were prepared, the basis for the recovery of taxes was the assumption of the tax authority of the technical links for the purpose of obtaining deductions for VAT and income tax.

  • Purpose

    Confirm the actual provision of transport and freight forwarding services rendered to the client, to apply the reconstruction of transportation services, to confirm the absence of a scheme to obtain an unjustified tax benefit

  • Employee involved

    Alexey Stanchin

  • Process description

    An on-site inspection was carried out in respect of the client, as a result of which additional VAT and income tax were charged on relations with controlled transit counterparties. According to the tax authority, the purchase of goods was actually carried out directly from organizations that apply special tax regimes (without VAT). As part of the legal defense developed a legal position to challenge the technical nature of the activities of the disputed counterparties, for part of the episodes was applied to the reconstruction of the income tax.

  • Result

    According to the results of the developed legal position it was possible to prove the lack of controllability between the participants in the chain of contractual relations, to confirm the economic feasibility of the transaction, as well as the reality of the financial and economic activities of the disputed counterparties.

transport Successfully
Advising on the application of tax legislation

A transportation company sought advice on assessing tax risks in a transaction involving the sale of interest-bearing bonds.

  • Purpose

    Structuring of tax risks and minimization of possible tax claims

  • Employee involved

    Mikhail Begunov

  • Process description

    A client engaged in helicopter transportation rendered consulting services for the analysis of tax risks in a transaction involving the sale of interest-bearing bonds, which resulted in a loss. Due to the fact that the securities are not traded on the organized securities market and were sold to a related party, there was a risk of additional profit tax charges when accounting for expenses on the purchase of securities.

  • Result

    Implementation of the project made it possible to eliminate the probability of tax claims

transport Successfully
Advising on the application of tax legislation

Analysis of tax risks in debt restructuring

The airline sought advice on the assessment of tax risks in the restructuring of debt on purchased discounted borrowings.

  • Purpose

    Exclusion of tax claims from the tax authorities, structuring the transaction according to the model of issuing preferred shares by the company and the possibility of applying Article 277 of the Tax Code when offsetting obligations.

  • Employee involved

    Mikhail Begunov

  • Process description

    A client of a major airline company was advised on analyzing tax risks associated with the purchase of discounted debt from credit institutions and the offsetting of debt obligations against securities.

  • Result

    Legal position aimed at justification and structuring of the transaction allowed the client to exclude the possibility of tax claims on income tax, as well as to take into account the losses of previous tax periods in the expenses.

transport 280 mln ₽
Transfer pricing

Challenged the position of the tax authority on the audit of transfer pricing

The tax authority's position on the application of price adjustments between parties to a financial and economic transaction has been appealed as part of the tax audit of transfer pricing.

  • Employee involved

    Mikhail Begunov

  • Process description

    Price adjustment would have entailed an additional charge of income tax on the formed tax base based on the market prices of the transaction. The project developed a legal position indicating that the formed pricing corresponds to the market level, because the calculation of the cost of the taxpayer's goods contains production costs, economically justified in terms of the type of activity.

  • Result

    As a result of the successful legal defense, additional tax assessments in the amount of 280 million ₽ were avoided.