III All-Russian Congress “Tax. Legal regulation 2013”: discussing urgent problems

The lawyers of FBK Legal took part in the work of III All-Russian Congress “Tax. Legal regulation 2013” organized by the Agency for Social and Economic Development.

On the first day of the Congress Dmitry Paramonov, the leading lawyer of the FBK Legal Tax Consulting Practice took part in the round-table discussions on the “Profit tax of organizations: new normative legal acts, methodology and calculation practice” presenting his report of “Tax exemption of income in the form of property transferred to increase the net wealth and the aspects for such tax break continuation”.
The report findings will make a significant influence on the Russian organizations economic activity practice; the estimation of aspects for the benefit continuation or abolition will be instrumental for the representatives of business to plan the range of tax liabilities of groups of companies (holding companies) in the forthcoming reporting periods.
The experts also discussed other topical issues of tax accounting and tax legislation.
Along with Dmitry Paramonov in the round-table discussions took part:

• V.A. Bulantseva, head of the profit taxation sector of the Department of Tax and Customs Tariff Policy under the RF Ministry of Finance;
• S.A. Vereshchagin, an independent expert in the methodology of accounting and tax accounting;
• T.A. Demisheva, a tax consultant, member of the Teaching and Methods Council of the Chamber of Tax Consultants of Russia, the trainer at the RF FTS TMC, and other experts.

On the second day of the Congress Alexei Yakovlev, Head of Tax Litigation Practice, took part in the round-table discussions on “Improving the system of tax administration. Transfer pricing” with his report on the topic of “Blurring the boundaries between the TP and unreasonable tax benefit”.
In his speech A. Yakovlev noted that in accordance with the norms of the RF Tax Code, V.1 the checking of prices in terms of their correspondence to the market level cannot be subject of regular audits. However a number of clarifications and recommendations by the MOF of Russia and the RF FTS spoke in favor of the possibility to check the prices for their correspondence to the market level when estimating the correctness of tax benefits gained by the taxpayers. That resulted in a situation when the procedure of special price control within the framework of TP control (which can be legally executed by the RF FTS only) may be substituted by the standard control measures and claims of the regional tax bodies. Thereby the closed list of controlled transactions, which is in the RF TC, V.1, and the procedure of special-purpose tax audits will be disavowed, the opportunity will arise for the application of price control methods beyond the RF TC and, on the whole, very fertile ground may be created for ambiguous interpretations and arbitrariness on the part of taxmen, which by no means should be welcome.

Together with Alexei Yakovlev in the discussion took part the experts of the RG Government, inter alia Kuzmina N.A., the candidate of economic sciences, advisor of the consolidated analytical sector of the Department of Tax and Customs Tariff Policy under the RF Ministry of Finance, and the specialists in tax law representing the leading Russian and international legal companies at the Congress, with such well-known specialists as A.V. Guskov and G.N. Timonichev among them.

The organizer of the forum — the Agency for Social and Economic Development (ASED)- renders assistance to civil society, federal and regional government bodies, representatives of public organizations and business groups in creating the environment required to form a socially-oriented state, conducts a lot of different activities and projects to fulfill the tasks set to the Agency.