#1. CFC: Technical Knockout or Win By Score

Dear readers,

I’m pleased to present to you a new issue of our corporate edition “Korpus Prava. Analytics”.

No doubt that the most discussed subject this year is the law on controlled foreign companies. Therefore, the first edition of 2015 has been dedicated to this issue. The specialists of Korpus Prava have scrutinized the new law and analyzed all major provisions. In this edition you will find out not only the effect of the law on controlled foreign companies, but you will also find instructions that will serve as guidelines for further actions, and most importantly, and as a starting point, since business restructuring will affect many people.

In the middle of the edition, you will find investigation of our experts with respect to the laws on controlled foreign companies (section “Experts comments on specific issues related to the implementation of CFC”): main issues, misinterpretations, controversies. We hope that you this information will prove useful for you and will certify current trends.

Please be assured that the company Korpus Prava is ready to provide personal advice and develop private solutions for your business. Given the complexity and urgency of the issue, we advise our clients to analyze current capital structure and management of the company, special attention shall be paid by companies receiving passive income, the pros and cons of tax resident status shall be assessed and customized solution shall be developed. Please feel free to contact us if you have any further questions.

We always appreciate feedback of our readers. If you have ideas with respect to the subject of our further editions, make sure you let us know. Please find our contact details at the end of the journal.

I wish you success and stability in the New Year!

Artem Paleev
Managing Partner
Korpus Prava

CONTENTS
Anna Senchenko, LL. M.

Leading Lawyer

Tax and Legal Practice

Korpus Prava (Russia)

So far, in the Russian law tax residency of a legal entity was determined either by the place of its state registration (incorporation), or by availability of permanent establishment of the entity.

Anna Senchenko, LL. M.

Leading Lawyer

Tax and Legal Practice

Korpus Prava (Russia)

In December 2013 in the address to the Federal Assembly the president Vladimir Putin stated that Russia needs a system of measures for “deoffshorization” of the Russian economy. According to him, some estimates evidence that 9 out of 10 transactions, including transactions with state-owned companies, are not subject to the Russian laws.

We will speak about Cyprus, which adopted FATCA, the requirements for filing financial statements of Cypriot companies tightened, the rules of the regulator changed. In addition, we will mention the changes of the legislation of the British Virgin Islands.

Olga Kuramshina

Ex-Leading Lawyer

Tax and Legal Practice

Korpus Prava (Russia)

Although in the past year the most notable and discussed reforms were the reforms of tax legislation, another noteworthy trend should be noted as well. Lawmakers have begun to actively reform one of the most, perhaps, static branches of the Russian law – the labor legislation.

Igor Chaika

Ex-Managing Director

Audit Practice

Korpus Prava (Russia)

From 1 January 2015, submitting VAT returns, we’ll begin to upload there purchase ledgers and sales ledgers, the ledger of invoices issued and received for intermediaries. All information will be stored in “Big Data” system of the FTS of Russia.

Leonid Kunin

Ex-Senior Lawyer

Tax and Legal Practice

Korpus Prava (Russia)

Starting to speak about the Resolutions of the Plenum of the RF Supreme Arbitration Court, they should be treated with a special respect, as these are the last Resolutions of the RF SAC. That is not the last in time, but the last in general. From 7 August 2014 the RF SAC ceased to exist.

Yana Karausheva

Ex-Junior Lawyer

Tax and Legal Practice

Korpus Prava (Russia)

When there are disasters around such as law on controlled foreign companies, it is difficult to get distracted and to pay attention to anything else relating to taxes. However, the Tax Code sheds its editions like leaves and, whether we like it or not, we shall follow this process in order to not be trapped.

Tatiana Frolova

Leading Lawyer

Korpus Prava Private Wealth

The past year brought to the citizens of the Russian Federation, who have the legal right of permanent residence outside the Russian Federation, the obligation to notify the authorities of the federal migration service of the existence of this right.

Tatiana Frolova

Leading Lawyer

Korpus Prava Private Wealth

The civil law in Russia gradually evolves under the general roar of probably historically significant events. This also concerns the intellectual property rights: in March 2014 a package of amendments to part 4 of the RF Civil Code was adopted.

Alexey Oskin

Deputy Director

Tax and Legal Practice

Korpus Prava (Russia)

The past year 2014 is best remembered for its succession of important and significant changes that affected the foundations of the Russian civil law. The adopted innovations did not come by the part of the civil law, which regulates corporate relations as well.