Foreign companies are faced with red tape in obtaining accreditation to the Federal Tax Service to work in Russia, and more than 10% were refused. Previously, accreditation was engaged in the Ministry of Justice, and failure was not, say market participants
procedure for the admission of foreign companies on the Russian market has been changed from 1 January 2015. The amendments concerned the Law “On Foreign Investments in the Russian Federation”: now the branches and representative offices of foreign legal entities (with the exception of companies operating in the field of civil aviation and banks, which accredit Federal Air Transport Agency and the Central Bank) must be accredited by the Federal Tax Service (FTS). Accreditation has become perpetual.
For the period from 1 January 2015 until 1 August 2016 for initial accreditation has asked for a total of over 2.6 thousand. Foreign companies and the number of refusal decisions for this period amounted to 216, FTS said in response to a request to RBC. Thus, more than 8% of the companies who want to start working in Russia were refused. In view of branches and representative offices, which are already present in Russia and have been re-accreditation, August 1, 5726 successfully accredited foreign legal entities. Federal Tax Service has issued a total of 658 failures, ie more than 10% of the companies could not be accredited, from the data FTS.
By 2015, the common register led State Registration Chamber with the Ministry of Justice, the maximum term of accreditation of the branch ranged from one to five years of representation – from one to three. During 2014 were accredited 493 offices and branches of foreign legal entities, extend the accreditation of 113 representative offices and branches, and another 74 representative offices of foreign companies accredited by other authorized bodies, have been made in the consolidated state register of accredited Representat avitelstv foreign companies, said a representative of RBC Justice.
on the failure of the 2014 data is not present, said the representative office. A member of the Federal Tax Service’s press service said that the tax does not have statistics on accreditation before January 1, 2015. Head of Business Development Department of BDO Unicon Outsourcing Tatiana Klimanova and Head of Legal “Priority” group company Accreditation of Foreign Missions Yulia Vasilyeva argue that until 1 January 2015, the company experienced no failures.
The causes of failure
After you install a new order, “among our customers as a result of all successfully received accreditation, but the order of 15-20% of the companies were it only the second time,” says Klimanova. After the first unsuccessful attempt to get a list of the tax authorities to the comments prepared package of documents, correct it and a second accreditation have been held successfully. “To re-accreditation is necessary to again make and legal costs in full,” – she adds
In order to receive accreditation, the company is obliged to collect a package of documents, as well as pay a fee of 120 thousand rubles, follows from the information on the site… FTS. As a representative of the Federal Tax Service explains that the main reason for failure – the discrepancy of the documents submitted to the rules either not provided a complete package of documents, or it is presented out of time, or the documents do not meet the requirements for their design
In practice, the tax authorities refused. for insignificant reasons, says Vasiliev. For example, a client of her company had been denied, because the seal of legal entity in the documents has been translated from a foreign language once, and met four times. “We are all fixed and once again filed documents back by paying the state fee of 120 thousand rubles..” – She explains. “In this case, companies are faced with a weak regulatory and quite stringent requirements. Weak regulation lies in the fact that the rules of law on accreditation is no clear guidance on requirements for registration documents. The Foreign Investment Law states that refuse to register can for the contents of the documents of false information. Under this paragraph summarizes the little things that nothing on impact “, – she says
During the accreditation is responsible Interdistrict Inspectorate of the Federal Tax Service of Russia in Moscow.. Her refusal can be appealed in a higher court. But the higher tax authorities tend to support the decisions taken and do not cancel the refusal of accreditation, so it remains to appeal to the court, said Klimanova “Costs tend to cost companies many times more expensive than the fee for re-accreditation”, – she adds .
The main problem lies in the fact that the accreditation rules do not take into account the peculiarities of the rights of other countries, which define the so-called personal statute of the foreign person, says Igor Shikov of “Egorov, Puginsky, Afanasiev & partners.” In particular, the provisions of the Law on Foreign Investment of the Russian Federation said exclusively on foreign legal entities. But in other countries, participants of entrepreneurial activity can have an organizational form, does not imply a legal entity. For example, a limited partnership established in Germany
He added that the management of the activities through a representative office or branch is not a common form of business -. Often for commercial purposes are subsidiaries. But the procedure for accreditation of branches and representative offices “can significantly complicate the exit of foreign companies to the Russian market,” he adds.
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