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The Russian Federal Tax Service on how to conclude advance pricing agreements for tax purposes
Legal Update No. 322
Goltsblat BLP advises that the Federal Tax Service has circulated Letter of No. OA-4-12/85@ dated 12 January 2012 on how to conclude advance pricing agreements for tax purposes.
New documents and filling rules for VAT settlements
Legal Update No. 324
Goltsblat BLP advises that Resolution of the Government of the Russian Federation No. 1137 “On the Formats and Rules for Completing (Maintaining) Documents Used in Value Added Tax Settlements” was adopted on 26 December 2011 (the Resolution).
Russian sac recovers actual damage and lost profit from Russian FCS
Legal Update No. 323
Goltsblat BLP advises that, on 17 January 2012, the Presidium of the Russian SAC issued a Ruling under Case No. А40-89211/10-30-762 recovering real damage and lost profit from the Federal Customs Service in favour of an exporter owing to an unlawful order.
Russian sac on article 333 of the Russian civil code
Legal Update No. 320
Goltsblat BLP advises of publication of Resolution No. 81 of the Plenum of the Supreme Arbitration Court of the Russian Federation “On Certain Aspects of Applying Article 33 of the Russian Civil Code” dated 22 December 2011 (the “Resolution”) regarding penalty reduction.
Trade marks enforceable in relation to the goods for which they are registered
Legal Update No. 325
Goltsblat BLP advises of the publication of Resolution of the Presidium of the Russian Supreme Court No. 8817/11 of 29 November 2011 upholding decisions of three lower courts in relation to a case on early termination of legal protection for the VECHERNIE trade mark with respect to goods under ICGS class 05 "pharmaceuticals" and "dietary substances for medical purposes" because the trade mark has been used during production and sale of biologically active supplements that are not on the registered list of goods.
Supreme Arbitration Court supports recovery of input VAT on general production costs
Legal Update No. 317
Goltsblat BLP advises of publication of Supreme Arbitration Court Resolution No. 3844/11 dated 25 October 2011 on the case of OOO Tulatsement. The Resolution confirms the possibility to recover input VAT on repairs to another person’s property, even if the taxpayer has no right to such property and other people or entities may also use such repair results.
Amendments to legislation in the area of corporate law
In January 2012, the Federal Law ‘On organised trades’ came into force
This law governs the relationships that arise when trades are organised on commodities and financial markets. It establishes requirements on those organising such trades, and on the members, management bodies and employees of the organiser of the trades. It defines the fundamentals for the state regulation of and control over this activity.
Third set of antimonopoly measures: prospects and risks for business
The third set of antimonopoly measures, which comes into force on 6 and 7 January, significantly amends antimonopoly legislation, affecting business across the board. The most important new developments include:
Tax discrimination against foreign investors in Russia
Julia Alexandrova, Senior Associate, Pepeliaev Group
Alongside actively developing cross-border economic, trade and customs law and adjusting to European standards and the WTO principles, Russia is seeing the adoption of rulings actually hampering foreign capital flow into the country.
Economic partnership - a new legal form of commercial entity
Legal Update No. 308
Goltsblat BLP advises that:
- Federal Laws No. 380 of 3 December 2011 "On Economic Partnerships" and No. 393 of 6 December 2011 "On Amending Article 50 of Part I of the Civil Code of the Russian Federation following adoption of the Federal Law "On Economic Partnership"" will come into effect on 1 July 2012.