MOSCOW, February 10 – RIA Novosti. Senators at a meeting on Wednesday approved legislation to improve tax control over prices in transactions between related companies.
According to the current regulations, such transactions are controlled, since they can be used by companies to reduce taxes. At the same time, the company can agree on its prices with the tax authorities in advance by concluding a pricing agreement and avoiding future tax claims.
The law simplifies inspections of controlled transactions, while eliminating the need for taxpayers to submit documents that are already at the disposal of the tax authorities with the application for concluding an agreement. It also clarifies the procedure for concluding pricing agreements with the participation of foreign tax authorities, in particular, the maximum period for considering applications for the conclusion of such agreements is increased threefold – from 9 to 27 months.
In addition, the storage period for documents required for calculating, withholding and paying taxes increases for taxpayers and tax agents from four to five years. A taxpayer who has applied to the FTS with an application for concluding a pricing agreement will have to keep such documents for six years, and for foreign trade transactions, one of the parties to which is a foreign person, for ten years.
The law also specifies the conditions for recognizing controlled foreign trade transactions with goods that make up the main export items of the Russian Federation. Now controlled transactions include transactions with goods of the world exchange trade. And will include transactions with all goods that are included in one of the following groups: oil and goods produced from oil; black metals; non-ferrous metals; mineral fertilizers; precious metals and precious stones. The expansion of the list will work from January 1, 2022, regardless of the date of the conclusion of the corresponding foreign trade agreement.
The law also contains changes that take into account comments made in the OECD global forum regarding transparency and information exchange for tax purposes. In particular, banks, at the request of the tax authorities, will be obliged to provide them with information on beneficial owners of accounts and other information related to the management and maintenance of such accounts. The tax authorities will have the right to request from the registrar documents related to the activities of the person they are auditing in order to establish the beneficial owners of securities.
The law must come into force one month after the date of its official publication.
In the conclusion of the relevant committee, it is noted that in the form of amendments to the second reading in the State Duma, norms were introduced aimed at eliminating legal gaps and uncertainties in the field of tax administration. So, the law makes it possible to use the personal account of the taxpayer by the tax authorities and persons who have gained access to the personal account, when they exercise their rights and obligations established by law.
An additional obligation is established for banks to issue documents to tax authorities. The procedure for appealing against acts of tax authorities and actions or inaction of their officials is being clarified.
It is established that ensuring the confidentiality of information from country information received from the competent authorities of foreign states (territories) within the framework of the international automatic exchange of country reports is carried out in accordance with the requirements provided for by international treaties of the Russian Federation on taxation, in a manner similar to the procedure for protecting information constituting tax secrets.