Expertise/Tax

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Tax Incentives and Investment Regimes

For an investment project, it is determined which tax incentives and regimes are available to it – for example, the investment deduction, “Skolkovo” participant status or a special economic zone – and what must be complied with in order to apply them.

We are most often instructed by:

  • Companies investing in production, infrastructure or technology
  • Companies seeking a status or the conclusion of an agreement
  • Groups of companies taking the conditions of an incentive into account in their investment structure
  • Companies that have already obtained an incentive or status

The information on this website is provided for information purposes only and does not constitute a public offer.

What the Service Includes

Timing and Fees
–timing on request
from ₽fee on request

Timing and fees are indicative and are confirmed when the engagement is agreed.

01 / Overview
Applicability of incentives

The set of available instruments depends on the type of project, the region, the amount of investment and other conditions, and the list is checked as at the date of instruction.

The mechanisms differ in the basis on which they apply: some apply where the established requirements are met, while others require a status to be obtained or an agreement to be concluded. This is how the status of a participant in the “Skolkovo” project and special economic zone regimes work; the investment tax deduction applies on the conditions in force in the relevant region, whereas the federal investment tax deduction operates under rules common to the whole country. Sector-specific incentives for IT companies are described on the IT practice page “Tax Incentives”.

The conditions of a mechanism are assessed together with the tax consequences of the investment as a whole: the benefit is weighed against the requirements that will have to be complied with throughout the period of its application.

The conditions for applying an incentive may affect the investment structure, the allocation of functions among group companies, the financing arrangements and the contractual relationships between the parties, and are therefore taken into account before the main corporate and investment decisions are made.

02 / Outcome
Service Outcome
  • Applicability assessmentA conclusion as to which mechanisms are available to the project and on what conditions.
  • Comments on the structureThe incentive conditions that will need to be reflected in the corporate and contractual aspects of the project.
  • Prepared documentsApplications, draft agreements and corporate resolutions.
  • Support with approvalsPrepared submissions and interaction with the competent authorities.
  • Application planWhat is to be documented before application begins and what is to be complied with thereafter.

The outcome of the service is the work performed within the scope agreed with the client.

03 / Preparation
What the work is built on
  1. Materials

    The work is built on the company's documents and information; the following points are relevant.

    • Project parametersType of activity, region, amount and schedule of investment.
    • StructureParticipants, group companies, allocation of functions.
    • DocumentsCorporate documents, draft agreements and contracts, financial model.
    • Statuses and regimesMechanisms applied and statuses obtained, if any.
    • Correspondence with authoritiesSubmissions and replies, if interaction has already begun.
    • Purpose of the requestAssessment of applicability, preparation of documents or support in applying the incentive.
  2. Assessment

    On the basis of the materials, the risks, the possible solutions and their consequences are identified.

  3. Plan

    For the chosen option, a plan is drawn up: the sequence of steps, timing and scope of work.

04 / Projects
Selected Projects
01 / 02

Division of a business

Tax consequences of dividing assets on exit from a partnership

Challenge

When the partnership came to an end, the assets were redistributed between the parties. A direct division of the assets would have had significant tax consequences for both parties.

What was done

The exit structure was worked through separately and reconfigured in the light of the legal characterization of each transaction and its tax consequences. The balance of the parties' interests was preserved in the process.

Foreign Trade Contracts

Tax and currency aspects of international sale contracts

Challenge

A Chinese company required a legal review of contracts for the international sale of goods between China and Russia.

What was done

Alongside the applicable law, the delivery terms (Incoterms) and the dispute resolution procedure, the currency and tax aspects of the contracts were analysed. The risks were identified and eliminated before signing.

05 / Questions
Frequently Asked Questions

The type of activity, the region and the amount of investment are examined, and the conditions that will have to be met are identified.

Before corporate and contractual decisions are made, the conditions can still be reflected in the investment structure.

Regional investment projects and the incentives of the relevant constituent entity of the Russian Federation are examined: the scope of work depends on the region and the applicable regime.

The project's compliance with the conditions for the status is examined, the legal part of the application package is prepared, and liaison with the management company is maintained.

The entitlement to the deduction is examined: the type of expenditure, the region and the conditions in force.

The conditions of application are reflected in the documents and checked as at the date of instruction.

The work continues after the incentive has been obtained: issues relating to compliance with the requirements of the regime in the course of business are examined.

An hourly rate, a fixed fee or a combined model is used; in some cases part of the fee depends on the outcome achieved. The fee is determined by the time actually spent, the complexity of the matter and the overall timeframe of the project, and is agreed before work begins.

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Describe your matter and the circumstances in which it arose. The consultation establishes the possible structure of the work and the scope of legal support required.

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