Russia Suspends Tax Agreements with Cyprus and EU Countries

Russia Suspends Tax Agreements with Cyprus and EU Countries

In a significant move, Russia's President Vladimir Putin has issued a presidential decree suspending certain provisions of double taxation agreements with the United States, European Union countries, including Cyprus, and other countries deemed as "unfriendly states". The decree, officially released on Tuesday, cites the necessity for urgent action in response to what it refers to as the "unfriendly actions of certain countries".

The decree specifically lists tax agreements with multiple nations and their respective clauses that are suspended. The suspension will remain in effect "until elimination by foreign states of violations of the legitimate economic and other interests of the Russian Federation, the rights of its citizens, and legal entities", or until the agreements naturally expire.

Presidential Decree No. 585, which takes effect upon publication on Russia's official legal information portal, assigns the Russian government the task of minimizing the economic impact resulting from the suspension of these tax agreements. The government is also directed to present a corresponding bill to the Russian State Duma (Lower House). 

Furthermore, the Ministry of Foreign Affairs of Russia is instructed to communicate the decision to foreign nations.

Of notable mention is the suspension of Articles 5-22, 24, 27, and 29 of the Agreement between the Government of the Russian Federation and the Government of the Republic of Cyprus for the Avoidance of Double Taxation with Respect to Taxes on Income and Capital, an agreement initially established on December 5, 1998.

This development follows a March recommendation by the Ministries of Finance and Foreign Affairs of Russia to suspend double taxation agreements with nations that have imposed sanctions on Russia. According to the Russian Ministry of Finance, the application of reduced tax rates or tax exemptions related to incomes covered by these agreements will be halted upon the issuance of the decree, as reported by state news agency TASS.

Deputy Minister of Finance Alexei Shazanov clarified that, in relation to natural persons, the rules concerning the avoidance of double taxation will continue to be upheld. He noted that articles within the treaties that pertain to reduced tax rates for interest and dividends will remain unchanged.

Interestingly, certain provisions, such as the treaty with the United States that allows individuals in either contracting state to offset income tax using the tax paid in the other country, remain unaffected by the decree, as reported by TASS.

During the months leading up to the issuance of this decree, Russian ministries held consultations with various countries, including Cyprus. The Russian side committed to considering special conditions and reasonable objections put forth by the contracting parties, regarding the suspension of articles within the double taxation avoidance agreements, according to information from the CNA.

The ramifications of this suspension are expected to reverberate throughout international economic and diplomatic circles, potentially impacting cross-border business and investment activities.

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