Table of contents

        FROM THE EDITOR

S.G. Pepeliaev

4        Justice in disguise

        COMMENTARY

E.A. Lysenko

9      Tax disputes in the Russian Supreme Court in 2015: Summing up what has been done

Last year, the judicial boards for economic disputes and administrative cases considered 28 tax disputes; one more dispute was heard by the Presidium of the Supreme Court. The article concentrates on the most compelling cases which, in the author’s opinion, are likely to bring about strong repercussions for judicial practice

K.A. Ponomareva

16      New standards for exchanging tax information between EU countries

Summarising the measures taken to enhance transparency and strengthen cooperation between EU countries in the area of taxation points to the conclusion that international standards of automatic information exchange have already been formed and that banking secrecy is virtually impossible

        OPINION

M.V. Kamenkov

23      The economic grounds for the thin capitalisation rules

Looking into the grounds for using thin capitalisation rules, the author clarifies the criterion of companies being related. He proposes an approach which would allow the presumption to be overturned that relatedness of parties bears negative tax implications

        SOLUTION SEARCH

A.V. Motsok

41      Interpreting the criteria for using beneficial rates provided for by international treaties

Analysing how the double tax treaties are applied when dividends are paid to a foreign parent company may help identify the terms and conditions for using reduced profit tax rates

D.I. Krymsky

48      Design services: determining the place of supply

The article investigates VAT being charged on design and ancillary advisory services if such services are provided by a foreign company. The author concludes that recognising such services as being supplied in Russia bears the least tax risks

        POLEMIC

V.M. Zaripov

57      The legal nature of compulsory third-party liability motor insurance (OSAGO)

A car is no longer just a means of transportation: it is becoming a luxury item. This is due to the taxes and levies introduced by the Russian Tax Code and also other compulsory payments, such as OSAGO and parking charges on city roads

        FOREIGN EXPERIENCE

O.L. Sumina

65      Reaction of multinational corporations to the recent OECD initiatives

The OECD has issued new requirements and recommendations aimed at preventing the tax base from eroding. These initiatives considerably change tax administration and pose many questions to major corporate taxpayers and tax authorities

E.Y. Chetverikova

72      Transfer pricing in the Republic of Belarus: new rules

Last year, Belarus tax law saw changes which introduced new transfer pricing rules to be in force starting from 2016. The author examines the content of the amendments and their implications for taxpayers

        ALSO IN THIS ISSUE:

6      Monthly overview

83    court practice

88    Currency issues discussed