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Tax & Legal
23 – 29 August 2021
Legislative Tracking
Be in the know
Legislative initiatives Media Review
Ministry of Economic Development to introduce penalties for largest GHG emitters CBR announces upcoming payment market reform
Legislative package restricting hotel prices during major international events published EAEU to pilot bonded warehouses
Government to support AI developers
Proposal to facilitate verification of zero-rated VAT for international shipping companies
Cross-border quick payments
New accreditation rules for foreign branches and representative offices
EAEU countries ready to hard-launch e-commerce pilots within months
© 2021 Deloitte Consulting LLC. All rights reserved. 1
Legislative initiatives To qualify, a project must be completed in six years. The subsidies will amount up to RUB 500
million a year and will cover up to 70 percent of developers’ expenses.
Ministry of Economic Development to introduce penalties for largest GHG emitters The qualifying expenses may include R&D, payroll, creation of high-tech jobs, prototyping and
The bill proposes administrative sanctions for failure to report or for misreporting of greenhouse product piloting.
gas (GHG) emissions.
Applicants will have to commit to generating AI revenues of at least twice the subsidy received.
For first-time offenders, they will amount to:
To receive state support, organisations will have to go through a competitive selection process.
• RUB 50,000–RUB 75,000 for individuals
Its terms and rules will be published on the Ministry of Trade’s website.
• Rub 100,000–RUB 250,000 for individual entrepreneurs
The total allocations to AI developers in 2021 will amount to RUB 1.5 billion.
• RUB 100,000–RUB 500,000 for legal entities.
Official website of the Russian Government
Penalties for recurrent violations will be doubled and capped at RUB 150,000 for individuals and
RUB 1 million for companies.
Proposal to facilitate verification of zero-rated VAT for international shipping companies
The system of penalties is expected to be in effect once companies start to submit reporting: from
A bill to that effect has been submitted to the Russian State Duma.
2023, for emitters of 150,000+ tonnes of GHG and from 2025 – for emitters of 50,000+ tonnes of
GHG. The proposal calls for waiving customs clearance for goods shipped from Russia by river or sea.
Vedomosti Official Website of the Russian State Duma
Legislative package restricting hotel prices during major international events published Cross-border quick payments
The Central Bank of Russia plans to enable cross-border transfers using the quick payments
Hotel prices during major international events may not exceed the caps established by the
system.
Government, regardless of the date of booking.
The functionality can be implemented through interfaces with similar international systems or
Furthermore, such price caps must be displayed in the hotel and on the hotel’s website.
cooperation with foreign banks and is expected to be rolled out in 2022.
Excess pricing will be fined twice the excess gains.
Official web site of the Central Bank of Russia
If adopted, the law will enter into force as of 1 March 2022.
Federal draft legislation portal New accreditation rules for foreign branches and representative offices
The new rules will regulate the accreditation, its termination, and changing the register records
Government to support AI developers and will replace the 2014 policies.
Developers of artificial intelligence (AI) technologies that can be utilised in hi-tech industries may Branches of civil aviation and insurance companies will be out of scope of the new rules.
be granted federal subsidies. To remind, the new accreditation rules for foreign branches and representative offices introduced
by Federal Law No. 27-FZ of 24 February 2021 will enter into force on 25 August 2021.
© 2020 Deloitte Consulting LLC. All rights reserved. 2
As of the date, accreditation will take 15 business days from the date of filing the required Media Review
documents with the accreditation authority (vs 25 days previously).
CBR announces upcoming payment market reform
The running of the period will be suspended for up to 15 days, if a branch needs to correct errors
or submit additional documents. The Central Bank of Russia proposes entitling non-financial organisations and non-banking
financial institutions to initiate and make transfers on behalf of their clients: generate orders and
The grounds for refusing accreditation/changes in the existing accreditation, as well as the reasons
send them to banks, aggregate cashless payments, perform the acquiring function (accept bank
for its termination, have been clarified.
cards), open e-wallets and carry out transfers between them.
Garant Prime
The acquiring function is expected to reduce payment card transactions costs for non-financial
institutions.
EAEU countries ready to hard-launch e-commerce pilots within months Vedomosti
At its eighth meeting, the high-level task force on cross-border e-commerce approved the
roadmap for the implementation of the basic package of measures to create an enable the e- EAEU to pilot bonded warehouses
commerce environment in the EAEU.
In November 2021, the EAEU will launch a pilot project on e-commerce regulation aimed at
The roadmap establishes the following objectives: accelerating and simplifying deliveries from foreign online stores.
• to sign an international e-commerce treaty and develop a relevant legal framework to ensure Project documents were adopted by the Eurasian Economic Commission in early August; the pilot
the free movement of goods across the EAEU itself will run until the end of 2022.
• to establish all-union infrastructure unaffected by external factors According to the plan, goods purchased online will constitute a separate product category.
• to control and combat mala fide practices The documents also introduce the status of e-commerce operator and a special customs
declaration form.
• to promote the EAEU’s agenda on international platforms in cooperation with the third
countries, international organisations and integration associations. Goods can be stored at special bonded warehouses duty-free for an indefinite term.
The EAEU states also agreed to step up their efforts towards the implementation of international E-commerce operators will declare goods on behalf of their recipients, which will facilitate
e-commerce projects. customs clearance.
Official Eurasian Economic Committee website Bonded warehouses will enable foreign platforms to store goods in Russia in proximity to their
customers and pay taxes only after the products are collected.
In Russia, the pilot will start with toys.
Vedomosti
© 2020 Deloitte Consulting LLC. All rights reserved. 3
Deloitte publications
An unexpected development of the dispute on economic substance of intra-group restructuring New accounting standard – new challenges
Moscow Arbitration Court released its resolution on the high-profile case of AO Trading House On 7 June 2021, the Ministry of Justice registered the Ministry of Finance’s Order No. 62n of 16
Perekryostok, dealing with the economic substantiation of intragroup restructuring. April 2021, approving the Federal Accounting Standard (FAS) 27/2021 Accounting Documents
and Document Flow (“the Standard”).
The first-instance court resolved in favour of the taxpayer. This came as a surprise because two
years ago, when an earlier episode with identical circumstances was disputed, courts of all The document enters into force as of 1 January 2022, but can be applied voluntarily already now.
instances supported the tax authorities.
The Standard incorporates some of the previous provisions and introduces new ones.
The majority of arguments refuted back then have now helped the taxpayer defend its position.
One of the most important changes is the requirement to keep accounting documents and the
Read on for more details in our LT in Focus of 9 August 2021. respective databases in Russia.
Read on for more details in our LT in Focus of 15 July 2021.
EU carbon border tax
As part of the EU commitment to reducing emissions by at least 55 percent by 2030 and making Occupational health and safety amendments to the Labour Code
Europe a climate-neutral continent by 2050, the European Commission presented a draft climate
The President signed off Federal Law No. 311-FZ “On amendments to the Russian Labour Code”.
package including new proposals and amendments to the existing regulations.
The key changes entering into force as of 1 March 2022 concern occupational health and safety
In particular, among the proposed initiatives, the package introduces a Carbon Border (OHS) regulated by Section X of the Labour Code.
Adjustment Mechanism (CBAM), which provides for necessity to buy carbon certificates which
The amendments will inevitably trigger a further revision of the OHS regulations as they
should be sold by a specially created authorized body for carbon-intensive products imported
introduce a new approach to nearly all key processes. Management of occupational risks, new
into the EU according to an established list.
trainings, digitalisation of the OHS documents – read on to find out about the important changes
The CBAM will be phased in gradually: a reporting system will apply as from 2023 and importers for employers.
will start paying a financial adjustment in 2026.
Read on for more details in our LT in Focus of 29 July 2021.
Read on for more details in our LT in Focus of 20 July 2021.
© 2020 Deloitte Consulting LLC. All rights reserved. 4
Contacts
Tax & Legal
Pavel Balashov Irina Androncheva Tamara Arkhangelskaya Emil Baburov Dmitriy Bespalov Oleg Berezin
Managing Partner Director Partner Director Digital Director Partner
Tax & Legal iandroncheva@deloitte.ru tarkhangelskaya@deloitte.ru ebaburov@deloitte.ru dbespalov@deloitte.ru oberezin@deloitte.ru
pbalashov@deloitte.ru
Svetlana Borisova Veronika Varshavskaya Artem Vasyutin Vladimir Elizarov Oksana Zhupina Anton Zykov
Partner Director Partner Partner Partner Partner
sborisova@deloitte.ru vvarshavskaya@deloitte.ru avasyutin@deloitte.ru velizarov@deloitte.ru ozhupina@deloitte.ru azykov@deloitte.ru
Gennady Kamyshnikov Tatiana Kiseliova Anna Klimova Elena Kovalevich Nikita Korobeynikov Tatiana Kofanova
Partner Partner Director Partner Director Partner
gkamyshnikov@deloitte.ru tkiseliova@deloitte.ru aklimova@deloitte.ru ekovalevich@deloitte.ru Russia Legal Leader tkofanova@deloitte.ru
nkorobeinikov@deloitte.ru
© 2020 Deloitte Consulting LLC. All rights reserved. 5
Contacts Tax & Legal Yulia Krylova Natalia Kuznetsova Dmitry Kulakov Anastasia Matveeva Yuliya Menshikova Maxim Moseykov Director Partner Partner Director Director Director ykrylova@deloitte.ru nkuznetsova@deloitte.ru dkulakov@deloitte.ru amatveeva@deloitte.ru ymenshikova@deloitte.ru mmoseykov@deloitte.ru Yulia Orlova Andrey Panin Leonid Pechernikov Maria Podosenova Dmitry Pozharniy Ekaterina Portman Partner Partner Director Director Director Director yorlova@deloitte.ru apanin@deloitte.ru lpechernikov@deloitte.ru mpodosenova@deloitte.ru dpozharniy@deloitte.ru eportman@deloitte.ru Alexey Sobchuk Elena Solovyova Oleg Troshin Elena Sivenkova Yuriy Khalimovskiy Director Partner Director Director Director asobchuk@deloitte.ru esolovyova@deloitte.ru otroshin@deloitte.ru esivenkova@deloitte.ru yukhalimovskiy@deloitte.ru © 2020 Deloitte Consulting LLC. All rights reserved. 6
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