Analytics and brochures

The law firm Pepeliaev Group advises that the Presidium of the Russian Supreme Arbitration Court has taken a stricter approach to interpreting legislation with regard to some actions of the taxpayers that they take in the course of or after tax audits to reduce additionally assessed taxes (Resolutions Nos. 23/11 and 11185/10 dated 26 April 2011).

Pepeliaev Group advises: the Presidium of the Supreme Arbitration Court developed a legal position whereby the part of VAT that has been lawfully claimed back by the taxpayer shall be returned upon completion of the audit irrespective of whether the auditors have any objections to the other part of VAT claimed back by such taxpayer (Resolution No. 14883/10 dated 12 April 2011).

Pepeliaev Group advises that, on 1 June 2011, the Russian Government introduced three draft laws in the Sate Duma which provide for amendments to the currency control procedure and also to liability for infringing legislation on currency regulation and currency control.

Pepeliaev Group advises that on 25 May 2011, the Russian Ministry of Justice registered the Ministry of Finance’s Order No. 50-n dated 25 April 2011. This Order approves the Procedure for raising and receiving VAT invoices electronically using telecommunications channels and applying digital electronic signatures (the “Procedure”). The Procedure came into force on 3 June 2011.

Pepeliaev Group advises that on 25 April 2011 the Russian Constitution Court issued Resolution No. 6-P in case regarding the analysis for compliance with the Constitution of part 1 article 3.7 (confiscation of the instrument and target of the administrative offence) and part 2 article 8.28 (illegal cutting, damage to forest and unauthorised digging out of trees, bushes and lianas in forests) of the Russian Code on Administrative Offences in connection with a claim from OOO StroyKomplekt.

Pepeliaev Group advises that on 4 May 2011 the President of the Russian Federation signed Federal Law No. 99-FZ “On licensing specific operations” that will replace the current licensing law.