Tax and Accounting Issues in Russia Ulf Schneider Managing Partner RUSSIA CONSULTING Group Gothenburg, 4th April 2013 Seminar: How to do business with Russia Content Tax Legislation Accounting Payroll & HR-documentation IT – ERP for Russian accounting 2 Content Tax Legislation Accounting Payroll & HR-documentation IT – ERP for Russian accounting 3 Tax Rates 4 Profit Tax (Corporate Tax) 20% Property Tax (mainly on real estate) max. 2,2% VAT 18% / 10% Payroll Tax (flat rate, few exceptions) 13% / 30% (tax resident/ most cases of tax non-resident) Social Taxes (fully paid by employer) 30% / 10% (reduction as of 567.000 Rub p.a.) Development of Taxes - Russia 5 1. Introduction of Flat Tax Rate of 13% 2001 2. Abolition of sales tax of 5% 2004 3. Abolition of trade tax of 5% 2005 4. Reduction of VAT from 20% to 18% 2005 5. Reduction of social insurance contributions 2005 6. Improvement of loss carryforward 2006/07 7. Decrease of profit tax from 24% to 20% 2009 8. Extension of VAT payment 2009 9. Partial rise of social insurance contributions 2010/11/12 10. Partial abolition of property tax 2013 Basics of Russian Tax Legislation „Bible” is the Tax Code Non-discrimination and repercussions principles Proof by tax authorities Administrative Regulations Without legal binding force But Tax Authorities usually apply them Jurisdiction No separate fiscal courts In most cases: taxpayer friendly decisions 6 Profit Tax / CIT Tax Rate 20% No profit pooling Tax losses can be carried forward for 10 years however, … Operational cost generally fully deductible, however, exceptions, e.g.: Authorities question often whether business related Expenses without proper documents (also payroll issue) 7 VAT 18% / 10% / 0% Comparable with EU System Import-VAT to customs authorities reverse charge“-Sysem (VAT-Agent) Invoice from subsidiary to parent company potentially with Russian VAT, that is not deductible in other countries. 8 Double Tax Treaty Sweden - Russia Permanent Establishment in Russia if: More than 12 month in case of construction No special terms in case of non-construction Withholding tax on dividends: 5%, if direct contribution is at least 100 T USD share capital and amounts to min 30% 5%, if 100% subsidiary of Swedish entity 15% in all other cases Withholding tax: on interests 0% on royalties 0% 9 VAT reimbursement In the beginning or at large investments Frequently input-VAT surplus Legislation 3 months structured tax audit Thereafter repayment of VAT Common practice Small amounts are not requested for payout, but carried forward 10 Work Permit Work permit can be obtained faster (appr. 1 Month), if: Highly qualified experts Salary in Russia min. 2 Mio. Rouble For 3 years 13% PIT even for tax-nonresidents Attention ! Salary payment has to be local Payment in Russia controlled quarterly 11 Swedish Manager temporary in Russia 12 Manager of Swedish HQ comes for a project to Russia Subject to PIT only in Sweden, (not in Russia), if: Manager did not spend more than 183 days within 12 months in Russia Salary paid by Swedish legal entity Salary is not charged to a Russian permanent establishment Content Tax Legislation Accounting Payroll & HR-documentation IT – ERP for Russian accounting 13 Accounting – Special issues 25 Russian accounting standards Often similar to IFRS In practice: Accountants more tax experts Invoice is not an accounting document 14 Russian accounting documents Russian Accounting asks for various “strange” documents such as: Invoice-Faktura Acceptance protocol Sales / Purchase ledger Business trip log An invoice in itself is only an „invitation to pay“ – it does not constitute an accounting document Outcome in reality: 1. Much more bookings (due to suspense accounts) 2. Much more complex documentation (also due to quarterly reporting duty) 3. This significantly influences the number of employees, personnel expenses and controlling requirements. 15 Unusual bookings Stationary capitalized, then based on special documents amortized Petrol to be capitalized and written off in line with real usage Payments for rendered services often only booked as prepayments Revenue first booked with VAT, gross, later in P&L taken out. 16 Content Tax Legislation Accounting Payroll & HR-documentation IT – ERP for Russian accounting 17 HR Administration Important Documents Working time sheets as basis for monthly payroll calculation Internal orders („Prikaz“) required when Hiring, Retirement, Business Trips, Vacation of employees Labor book with complete tracking of entire employment history of each employee 18 Payroll accounting Salaries to be paid at least 2 times per month Vacation minimum 28 calendar days Vacation salary as average of the last 12 month 19 Content Tax Legislation Accounting Payroll & HR-documentation IT – ERP for Russian accounting 20 What is 1C? 21 95% of all entities use 1C as accounting program Meets all local legal and tax requirements Ready-to-use in base version Permanent update and support according to the changes in local requirements Low Cost Wide range of integration possibilities with all common used applications Weaknesses of 1C Bookings in closed periods are possible Bookings can be deleted (instead of storno with new entry) Source codes can be easily affected by external programming Quite some IT-work required to implement common Western reporting practice 22 Interface 1C - SAP 23 Postings Russian Accounting Standards Interface IFRS Options with ITAN 24 Second Chart of Accounts (Mapping) Transfer of all transactions from RAS Mangement of different closing dates according to RAS and IFRS Provisions only in IFRS Reports according to IFRS (balance, P&L, cashflow) Thank you for your Attention! Accounting Outsourcing Tax Consulting IT Services / ERP Interim Management Office Sublease Recruiting Ulf Schneider Managing Partner +7 / 495 / 956 55 57 SchneiderU@russia-consulting.eu Outstaffing Visa and Work Permit 25 Our Offices Moscow Ulf Schneider, Lars Flottrong, Mike Allen ul. Bakhrushina 32/1 115054 Moscow, Russia T +7 / 495 / 956 55 57 info@russia-consulting.eu St. Petersburg Andreas Bitzi Finlyandskiy pr. 4a 194044 St. Petersburg, Russia T +7 / 812 / 458 58 00 info@russia-consulting.eu Hamburg Ulf Schneider Alstertor 15 20095 Hamburg, Germany T +49 / (0)40 / 226 33 760 info@germany-consulting.de Warsaw Piotr Linke Al. Jerozolimskie 81 02-001 Warsaw, Poland T +48 / 22 / 695 03 10 info@poland-consulting.com Kiev Sven Henniger vul. Shovkovychna 42-44 01601 Kiev, Ukraine T +38 / 044 / 490 55 28 info@ukraine-consulting.eu Minsk Polina Meleshko ul. Surganova 29 220012 Minsk, Belarus T +375 / 17 / 290 25 57 info@belarus-consulting.eu Almaty Kirill Afanasyev ul. 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