Russia: Russia to ratify the multilateral instrument on BEPS

International Tax Review is part of Legal Benchmarking Limited, 4 Bouverie Street, London, EC4Y 8AX

Copyright © Legal Benchmarking Limited and its affiliated companies 2024

Accessibility | Terms of Use | Privacy Policy | Modern Slavery Statement

Russia: Russia to ratify the multilateral instrument on BEPS

Sponsored by

sponsored-firms-kpmg.png
intl-updates-small.jpg

Russia signed the Multilateral Convention to Implement Tax Related Measures to Prevent BEPS (multilateral instrument, or MLI) on June 7 2017.

Russia signed the Multilateral Convention to Implement Tax Related Measures to Prevent BEPS (multilateral instrument, or MLI) on June 7 2017.

Russia is now planning to ratify the multilateral instrument, having drafted a ratification law.

Russia has included 71 of the 84 agreements on the avoidance of double taxation (DTAs) listed by the MLI. However, the draft law on ratification does not cover new DTAs such as the Russia-Japan DTA, or DTAs to be concluded such as the Russia-Sweden DTA.

Remarkably, Russia does not intend to include Germany (which is a major EU trading partner), or Switzerland (where many Russian groups have headquarters and trading companies) on its list.

One of the key provisions Russia has chosen to implement is the simplified limitation on benefits (S-LoB) test. This is rarely chosen by countries signing the MLI, most of which prefer the principal purpose test (PPT test). The list of countries using S-LoB is rather short, but includes Greece, Iceland, India, and Kazakhstan, among others.

Even if a treaty partner has not chosen to implement the S-LoB test, there is already a fairly strict domestic beneficial ownership (BO) test in place to check the eligibility of foreign companies to use a treaty to receive Russian-sourced income. The tests overlap, and in certain cases, the BO requirements are far more stringent than those in S-LoB.

Additionally, over the past decade, Russia has consistently changed its DTAs in order to re-allocate taxation rights to capital gains derived from the sale of Russian property-rich companies back to Russia. In line with this, Russia has included this right in its MLI position.

However, only a small number of treaties will be amended (e.g. Italy and Turkey), whereas many others will remain untouched, such as the Russia-Netherlands DTA, despite lots of Russian real estate being held through Dutch holding companies.

These are some of the noteworthy examples regarding Russia's MLI position. There are many more provisions which should be thoroughly reviewed and analysed in light of MLI ratification in Russia.

It is expected that if ratification occurs in 2019, the MLI may take effect from January 1 2020. Therefore, the available time to adapt to structures in the MLI is shrinking, and immediate action may be needed in order to have sufficient time to undertake restructuring where necessary.

more across site & bottom lb ros

More from across our site

US partner Matthew Chen was named as potentially the first overseas PwC staffer implicated in the tax leaks scandal, in a dramatic week for the ‘big four’ firm
PwC alleged it has suffered identifiable loss and damage arising out of a former partner's unauthorised use of confidential information; in other news, Forvis Mazars unveiled its next UK CEO
Luxembourg saw the highest increase in tax-to-GDP ratio out of OECD countries in 2023, according to the organisation’s new Revenue Statistics report
Ryan’s VAT practice leader for Europe tells ITR about promoting kindness, playing the violincello and why tax being boring is a ‘ridiculous’ idea
Technology is on the way to relieve tax advisers tired by onerous pillar two preparations, says Russell Gammon of Tax Systems
A high number of granted APAs demonstrates the Italian tax authorities' commitment to resolving TP issues proactively, experts say
Malta risks ceding tax revenues to jurisdictions that adopt the global minimum tax sooner, the IMF said
The UK and what has been dubbed its ‘second empire’ have been found to be responsible for 26% of all countries’ tax losses by the Tax Justice Network
Ireland offers more than just its competitive corporate tax environment but a reduction in the US rate under a Trump administration could affect the country, experts tell ITR
The ‘big four’ firm was originally prohibited from tendering for government work until December 1 due to its tax leaks scandal, but ongoing investigations into the matter have seen the date extended
Gift this article