Countering Tax Evasion and Investment Attractiveness of the Russian Economy: Problems and Solutions

The subjects of the study are the legal content and economic consequences of changes made to tax legislation.

The purpose of the work is to develop a mechanism that allows, on the one hand, to prevent the possibility of tax evasion using the rules of taxation of interest and dividends in the state of residence of their recipient, and on the other hand, to prevent double taxation of income received as a result of investments.

The methods of countering tax evasion using double taxation avoidance agreements implemented in Russia and abroad are analyzed. It is revealed that all of them have drawbacks: problems inevitably arise with the implementation of a single corporate income tax rate into national legislation; control over its actual application is extremely difficult due to the fact that the rules provided for by the BEPS Plan are insufficiently formalized and provide taxpayers with excessive discretion in their application; The counteraction to tax evasion currently being implemented by the Russian Federation through adjustments to tax agreements is in conflict with the protection of the legitimate interests of bona fide foreign investors.

Proposals have been formulated to adjust certain conditions of tax agreements regarding the taxation of dividends. The necessity of their practical implementation in order to ensure the investment attractiveness of the economy of the Russian Federation is substantiated.

1. Veremeeva O.V. Legal settlement of the double taxation: main problems and approaches to their decision. Gosudarstvennyi audit. Pravo. Ekonomika = State audit. Law. Economy. 2014;(4):90–98. (In Russ.)

2. Konduktorov A.S. Address of the president of Russia dated march 25, 2020: fighting the “offshore pandemic”. Vestnik Saratovskoi gosudarstvennoi yuridicheskoi akademii = Bulletin of the Saratov State Law Academy. 2020;(4):142–149. (In Russ.).

3. Aganbegyan A. G. How to resume social and economic growth in Russia? Nauchnye trudy Vol’nogo ekonomicheskogo obshchestva Rossii = Scientific Works оf the Free Economic Society of Russia. 2020;(2):164–182. (In Russ.). DOI: 10.38197/2072–2060–2020–222–2–164–182

4. Shepenko R.A. History of the OECD model convention on taxes on income and capital. Rossiiskoe pravo: obrazovanie, praktika, nauka = Russian law: education, practice, science. 2014;(1):32–37. (In Russ.).

5. Krokhina Yu.A. International conventions on avoidance of double taxation: effectiveness of legal regulation. Pravovoe gosudarstvo: teoriya i praktika = The Rule of Law State: Theory and Practice. 2015;(4):142–144. (In Russ.).

6. Machekhin V.A., Marshankulova O.S. Preventing inappropriate treaty abuse of privileges granted under agreements for the avoidance of double taxation in the BEPS Action 6 Report. Aktual’nye problemy rossiiskogo prava = Actual Problems of Russian Law. 2017;(1):92–99. (In Russ.). DOI: 10.17803/1994–1471.2017.74.1.092–099

7. Polezharova L.V. Methodology of taxation and tax administration of multinational companies and beneficiaries: monograph. Moscow: Knorus; 2022:48-70.

8. Khavanova I.A. On the effectiveness of amendment (termination) of tax treaties with Cyprus, Malta and Luxembourg (on the example of the Case of KCA Deutag Drilling). Finansovoe pravo = Financial Law. 2020;(9):41–46. (In Russ.).

9. Kilinkarova E.V. COVID 19 and revision of Russian double taxation agreements. Nalogoved = Tax Specialist. 2020;(6):28–35. (In Russ.).

10. Tsepilova E.S. Applying the concept of “soft power” in international taxation. Ekonomika. Nalogi. Pravo = Economics, taxes & law. 2020;(6):119–129. (In Russ.). DOI: 10.26794/1999–849X-2020–13–6–119–129

11. Ledneva Yu.V. The concept of the actual right to income: enforcement aspects of implementation. Zhurnal rossiiskogo prava = Journal of Russian Law. 2018;(3):106–115. (In Russ.).

12. Freedman J. Limited liability: large company theory and small firms. The Modern Law Review. 2000;(3):317– 354. URL: http://jkoziak.sweb.cz/10453577.pdf.

13. Machekhin V.A., Ustyugova A.D. On the “double non-taxation” concept. Ekonomika. Nalogi. Pravo = Economics, taxes & law. 2017;(1):139–143. (In Russ.).