The Russian
authorities has announced that starting from February 13th, 2013,
all Russian tax residents receiving remuneration from
outside of Russia for profit generated in Russia must first bring it into Russia by sending monies to a Russian based
bank account. It is understandable that the Russian authorities are trying to collect much needed cash from undeclared income relating to business
transactions that have occurred in Russian. One such
example of undeclared profit could be
dividend income received by a Russian tax resident from a Cyprus company to a
his or her Cyprus bank account, where he or she is a shareholder, which is in
turn a shareholder of a Russian company. In this scenario there is an abuse of
a Double Tax Agreement under which a reduced withholding tax rate applies and
keeping such dividend income undeclared back
in Russia. However, it looks like nobody has properly thought about how it will
work in practice and how the Russian authorities will receive
this information about Russian tax residents’ overseas bank accounts. It
is also looking like Russian banks have to report to the Russian tax
authorities on movements on foreign currency accounts of its clients.
Practicality of this is very doubtful if you consider that many Russians have
foreign currency accounts for spending monies abroad on holidays and shopping.
Russians
are well-known for wide scale and aggressive use of offshore companies for
protecting confidentiality and reducing tax burden. There
is a valid reason for this and instead
of addressing the core root of the reasons behind this
the Russian authorities have decided to fight what lies above. Penalties for
non-compliance are severe – 75% of an amount not put through a Russian based
bank account for a first offence and 100% of an amount for any following
offences.
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