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8 th Session of Congress , 5-6 June 2014, Yekaterinburg

8 th Session of Congress , 5-6 June 2014, Yekaterinburg. Taxation of immovable assets in Cross-border transactions and issues of tax evasion. Reporter : Vinnik Alexey Department of Finance Law USLA. Real Estate Taxation of Enterprises

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8 th Session of Congress , 5-6 June 2014, Yekaterinburg

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  1. 8th Session of Congress, 5-6 June 2014, Yekaterinburg Taxation of immovable assets in Cross-border transactions and issues of tax evasion Reporter: Vinnik AlexeyDepartment of Finance LawUSLA Слайд

  2. Real Estate Taxation of Enterprises Changes in process and in method of tax base’s calculation before 01.01.2014 after 01.01.2014 For Russian company:For Russian company: Average annual value Average annual value (Depreciablevalue) (Depreciablevalue) Cadastral value For foreign company withFor foreign company with permanent representative office:permanent representative office: Average annual value Average annual value (Depreciablevalue) (Depreciablevalue) Cadastral value For foreign company without RO:For foreign company without RO: Inventory value Cadastral value Слайд

  3. Real Estate Taxation of Enterprises • The powers of adjustment of tax base’s calculation vested in the legislative authorities of territorial subjects of the Russian Federation have been enlarged (article 12 IRC RF) • Application of cadastral value as the tax base • (article 378.2 IRCRF): • Governmental cadastral appraisal of real estate properties in a territorial subject of the RF; • Confirmation of the results of the governmental cadastral appraisal of real estate properties in a territorial subject of the RF; • Approval by the executive authority of a territorial subject of the RF of the list of properties which tax bases determine as cadastral value. Слайд

  4. Foreign company with permanent representative office Existence of office Office cadastral value depreciable value Territorial Subject № 1 Conditions are fulfilled Territorial Subject № 2 Conditions are not fulfilled Слайд

  5. Foreign company without permanent representative office (agency) owns an office owns an office cadastral value tax base - 0 Territorial Subject № 1 Conditions are fulfilled Territorial Subject № 2 Conditions are not fulfilled Слайд

  6. National lawfrom 02.04.2014 № 52-ФЗ «About the Changes in Parts One and Two of IRC RF» Foreign company with permanent representative office (Single tax on imputed income) pay a tax according the cadastral value exempt from taxes Territorial Subject № 1 Conditions are fulfilled Territorial Subject № 2 Conditions are not fulfilled Слайд

  7. Finance lease Example № 1 finance lease contract is on the lessor's balance sheet recognized recognized by the taxpayer by the taxpayer (article 374 TC RF) (article 374 TC RF) foreign company ownership Russian company/ foreign company without RO property is located in the Russian Federation Public finance Слайд

  8. Finance lease Example № 2 finance lease contract is on the lessee's balance sheet recognized recognized by the taxpayer by the taxpayer (article 374 TC RF) (article 374 TC RF) foreign company ownership Russian company/ foreign company without RO property is located in the Russian Federation Public finance Слайд

  9. Finance lease Example № 2 Russian Russian company company property is located property is located in the RF in the RF finance lease contract with finance lease contractwith foreign company foreign company tax base – 0 depreciable value Conditions are not fulfilled (article378.2 TC RF) Слайд

  10. Finance lease Example № 2 Russian Russian company company property is located property is located in the RF in the RF finance lease contract with finance lease contractwith foreign company foreign company tax base – 0 depreciable value no cadastral value Слайд

  11. Arbitration case № А33-11257/2012 Parties: Complainant:Krasnoyarsk city administration Respondent: Adjudication board which reviews disputes about the results of cadastral valuation in Krasnoyarsk region Essence of the dispute: Krasnoyarsk city administration filed a lawsuit in court seeking a declaration of illegal decisions of the Adjudication board which reviews disputes about the results of cadastral valuation of land property. Result: Supreme Arbitration Court of the Russian Federation recalled the judgments of inferior courts which had abjudicated the Complainant and remanded. Inferior Courts arrived at the conclusion that the Administration did not have economic interests. The Administration did not prove the abuse of law by the Adjudication board. Слайд

  12. Thank you for your attention Vinnik Alexey Department of Finance Law USLA vinnik.soeka@gmail.com Слайд

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