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Legal tax advisory on taxes and taxation in Russia. Tax risks

Legal tax advisory
on taxes and taxation in Russia

Legal tax

Based on tax

On tax issues
in Russia
Legal rules
Ministry of Finance / Tax Agency clarifications
Clarifications of supreme courts
Judicial interpretations
On documents
situations / risks
Estimating circumstances, risks, consequences, decisions
Possible changes
Practices of Russian tax authorities
On taxation
in Russia
Choosing a tax system
Legal entities
Tax optimization
On tax disputes
in Russia
Legal case studies
Opinion on (il)legality of demands
Estimating circumstances, opportunities
Legal strategy
of consultations
In writing / Oral
Price on request
Case-by-case time terms
Possible on weekend
On behalf of Proyecto-VS, for legal entities / entrepreneurs
"NPD" for individuals

Consultations based on legal analysis and tax developments

The essence of these tax advisory services in the Russian Federation is the analytical development of specific tax issues and situations. The applicable tax rules, clarifications, circumstances are considered in their relationship, taking into account the implicit relationships between them and the general rules of tax regulation. In arbitration and judicial practice, this approach is called a "systematic analysis of legal rules", on which conclusions of the highest courts of the Russian Federation are usually based. In terms of client situations, such an in-depth legal analysis includes the consideration of not only similar legal nuances, but also the nuances of a specific situation and the language (linguistic) nuances of foreign and bilingual documents for improved legal solutions. Recommendations on specific tax issues and situations can also be based on an extended legal analysis to take into account the non-legal, but significantly affecting legal solutions situational aspects (the human factor, particulars of tax control, (un)opportune moments, etc.). All these approaches and developments are focused on solving tax issues exclusively by "white" legal means, which in Russian law enforcement practice are expressed in the concepts of "good faith taxpayer" and "reasonable tax benefit".

Legal advisory on tax issues, questions

Providing answers to tax questions indicating the applicable rules of the tax legislation of the Russian Federation related to such rules and similar questions of clarifications of the Ministry of Finance and the Federal Tax Service. Indicating legal references and key extracts from tax rules and clarifications. Commenting on the aspects of the questions raised, which it is advisable to pay attention to. In cases of uncertainty of tax regulation on the issues under consideration, research and analysis of judicial practices on similar issues, taking into account clarifications of the highest courts of the Russian Federation, judicial interpretations of tax rules and court decisions on similar issues and problems.

Legal advisory on tax documents and situations, tax risks

Providing legal assessment of a specific situation, contracts, agreements, documents for tax purposes. In particular, consideration of circumstances having tax significance, details of documents, tax risks, legal tax effects. Specifying legal references to applicable tax rules, clarifications by the Ministry of Finance and the Federal Tax Service, as well as, if necessary, clarifications from higher courts and court interpretations of tax rules and circumstances in similar situations. Indicating possibilities of changing circumstances of the situation under consideration for more favorable tax consequences. Commenting on other aspects of the situation that should be addressed. In particular, on probable ways of resolving the situation due to the particularities of the practices of tax inspections, the human factor, opportune moments for submitting documents, etc.

Legal advisory on taxation in the Russian Federation

Advising on choosing a tax system for specific activities. Taxation of individuals, entrepreneurs, self-employed individuals, legal entities, tax residents and non-residents. Taxes levied, tax base for specific taxes, applicable tax benefits and deductions, other important features. Legal references to applicable tax rules, clarifications from the Ministry of Finance and the Federal Tax Service, as well as, if necessary, clarifications from higher courts and court interpretations of tax rules and circumstances in similar situations. Legal "white" optimization of taxation using tax-exempt income, tax benefits, tax deductions, application of Russian conventions on the avoidance of double taxation. Necessary documents and document requirements for tax purposes, confirmation of benefits, deductions.

Legal advisory on tax disputes

Legal case studies, investigation and detailed legal analysis of judicial practices on similar tax disputes as well as of specific rules of tax legislation, clarifications of the Ministry of Finance and the Federal Tax Service, clarifications of higher courts applicable to the dispute in consideration. Legal assessment of the legality or illegality of specific demands of the tax authorities. Indicating the existing or possible circumstances of the situation, documents that contribute to improving the legal state of the taxpayer in dispute. Recommending smoothing, "non-publicizing" of circumstances unfavorable for the taxpayer, re-issuing problematic documents in acceptable cases. Providing opinion on a possible taxpayer action strategy based on a systematic analysis of tax rules applicable to the dispute, court practices in similar matters and court practices in tax disputes in general.

Terms for the provision of legal tax advisory

Written and oral consultations. Generally, tax advice shall be provided in writing, since the essence of the services lies precisely in the analitical development of specific issues and situations. Oral consultations are possible regarding repeatedly raised tax issues such as controlled foreign companies, VAT in Russia on services, work, transfer of rights with the participation of non-residents, tax on income of residents in Russia and outside Russia, tax effects of international and foreign trade contracts and business agreements in the Russian Federation.

Price at request. Legal tax advice is based and depends on circumstances, details of specific tax issues, situations, projects. Therefore, prices may be offered at request on a case-by-case basis. General terms and conditions and in particular the partner approach to the provision of legal services are set out on the page of the Proyecto-VS law company.

Time terms depend on specific situation, weekends available as well. The times for the provision of legal tax con­sul­ta­tions depend on specific issues and situations and generally shall be specified in business days. If necessary and on urgent orders, the time period for preparing a written tax consultation may include weekends and (or) holidays in the Russian Federation.

For companies and entrepreneurs, consultations on behalf of law company "Proyecto-VS". For com­pa­nies and individual entrepreneurs, legal services shall be provided on the basis of a general agreement for legal services and invoice(s) on behalf of the Russian law company OOO Proyecto-VS. The law company uses the simplified taxation system and pursuatn to this tax regime the services are not subjected to VAT in Russia.

For individuals, consultations and services under the "NPD" tax regime. For clients - individuals who are not in­di­vi­du­al entrepreneurs, legal services shall be provided by the author of this page and website under the tax regime for self-employed individuals "Tax on rofessional income" (having the Russian abbreviation "NPD") (Federal Law of the Russian Federation of 27 November 2018 No. 422-ФЗ).

for this page
?Clear explanation and solutions for Russian legal issues

?Restrictions to use the simplified taxation system in Russia

News and practices
for this page (19)
The Ministry of Finance will modify tax conventions with Hong Kong, Sin­ga­po­re, and Switzerland

Income tax when selling investment coins made of precious metals

Beginning from 2021, tax regulation of controlled foreign companies amended and fines sharply increased

Courts of three levels supported tax agency in dispute with taxpayer about non-compliance with the terms of tax exemption of income received when liquidating a controlled foreign company

Information of the Federal Tax Service on the approval of a new form of notification on participation in foreign organizations

The owner of Taras Bulba restaurant chain received two years in prison in the tax evasion case

When buying electronic services from a foreign individual entrepreneur, a Russian organization is a VAT tax agent

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Legal analysis and consulting services in Russia
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Vitaly Slavinskiy • All rights reserved