The billionaire may lose tax resident statusThe dollar billionaire son of the former prosecutor of Tashkent Alisher Usmanov carefully erases all information about his youthful convictions, in particular, the judgment of the Turkestan Military District, to eight years in labor camp, which in 2000 was canceled by the Supreme courts of Uzbekistan, after which all the incriminating Usmanov documents Uzbek disappeared from the archives. Of course, for those who are put in the service, no mystery existed. For example, former British Ambassador Craig Murray admitted that most of his Uzbek interlocutors were well aware that in fact Usmanov was convicted on several articles of the Criminal Code, including gang rape that took place during alcoholic party republican children's higher officials. However, this does not prevent Russian billionaire to do business in the UK, in particular, represents the interests of Alisher Usmanov and Farhad Moshiri company Red and White Holdings Ltd., representing the interests of Alisher Usmanov and Farhad Moshiri, has consolidated more than 30% of the English football club "Arsenal" . Sport activities Usmanov recently incredibly active for an elderly person is not already athletic appearance. As a member of the International Olympic Committee (IOC) for the development of the Olympic Channel and President of the International Fencing Federation Alisher Usmanov basically spent the last year abroad - in Switzerland, Monaco, Germany, Italy and other countries and apparently decided to monetize the situation. In particular, as suggested by RBC, Alisher Usmanov may lose the status of a tax resident of Russia. We are waiting for the declaration A source in the Federal Antimonopoly Service (FAS), Alisher Usmanov, has ceased to be tax resident in Russia, as the country had a smaller part of 2015. The Federal Tax Service (FTS) on its web site explained that the taxation of income of natural persons does not depend on their nationality: resident in a calendar year are the persons who during the year were in Russia for at least 183 days.
Usmanov declaration of income for the last must be submitted before April 1, then we can talk about the status of a non-resident on the documents; in this case on the fact of Usmanov continues to do business in Russia, the source said.
The representative of USM Holdings, the parent structure for Usmanov's assets, confirmed that the businessman really spent "considerable time" in 2015 abroad. USM employee assured that the possible tax nerezidentstvo will not affect the business USM: Usmanov has not engaged in operational activities of the companies belonging to it. "Over the past few years [Usmanov] paid about $ 350 million in taxes in Russia [as the natural persons]", - said the representative of a businessman and member companies of the USM, only in 2015 - about 100 billion rubles. (Approximately $ 1.6 billion at the average exchange rate of the Central Bank for the 2015 th). For example, the operator "MegaFon» (USM controls 56.32%) declared that only the first nine months of 2015 the amount of the dividend amounted to almost 40 billion rubles. Mysterious commission In late September YUTV media holding, which are the main beneficiaries of Alisher Usmanov and Ivan Tavrin, agreed to buy 75% of the operating business of TV company "CTC Media" (STS channels, "Home", "Che" and CTC Love) for $ 193.1 million. In the this deal reportedly demanded harmonization of the government commission on foreign investment. Then the sources of the FAS and the Government explained the need for such coordination that Usmanov has ceased to be a tax resident of the Russian Federation. The FAS press service refused to explain why the purchase was seen as foreign investment.
According to the legislation, the purchaser may be recognized by a foreign investor, if he is a foreign national, a stateless person, a person with dual citizenship or a citizen of the Russian Federation, but not its tax resident (the latter follows from Part 9 of Article 2 of the 57-FZ "On the Procedure for Foreign Investment in Business Entities of strategic importance for National defense and state security ").
In December 2015 the Commission approved the application of "YUTV-Management" deal with "CTC Investments", as well as a petition Usmanov to buy 60% of "new media holding" - the structure, which has become a holding group YUTV. Now, according to the register, Usmanov owns 53.05% of "New Media Holding", and the remaining 46.95% is owned by Tavrin. Anti- offshore tax As explained by a senior lawyer Herbert Smith Freehills Sergey Eremin, Russian tax residents pay Russian taxes on their income received throughout the world, and non-residents - only on income from sources in Russia (for example, dividends from Russian companies or salary for work in Russia). Non-residents pay Russian taxes at a higher rate than residents - 30% against 13%. In addition, he said Eremin, non-residents can not use the benefits by Russian agreements on avoidance of double taxation, while the residents usually can.
Since January 1, 2015, Russia enacted a law on controlled foreign companies (CFC): Now until April 1, the Russians must notify the tax authorities of their presence in a company share of more than 10%. If the share of over 50%, while the profit of the company for more than 50 million rubles. (. From 1 January 2016 - if more than 25%, and 30 million rubles), will have to pay additional taxes: 20% for companies and 13% for individuals.
However, the law only applies to the Russian tax residents. In this regard, many businessmen, who do not want to comply with this law, seek to change the tax residency. A source in the RSPP Bureau said in December that tax consultants and the "Big Four" auditors inundated with customers asking about the search for "the best jurisdictions."
But Usmanov, on the contrary, should be announced by Vladimir Putin, the rate at deofshorizatsiyu in December 2014 USM reported on the transfer of its key assets in the Russian holding company - controlling stake "Megaphone" and holding company "Metalloinvest" of the Cyprus offshore company passed into the possession of the Russian "AF Telecom Holding "and" Metalloinvest YueSeM "respectively.
Asset Mail.Ru Group, in which Usmanov owns 15.2%, has this year, "Internet company" (in this case it belongs to Mail.Ru Group Limited, registered in the British Virgin Islands, Cyprus and MGL). As previously wrote "Izvestia", now giving a report about the owners, Mail.Ru Group may indicate that their parent is a Russian legal entity - the scheme does not contradict the requirements of the law Anti- offshore.
Who goes from Russia
According to Forbes magazine in April 2015, 17 billionaires from the Russian list is not a tax resident in Russia, including a member of the Board of Directors of Novatek Gennady Timchenko, owner S.P.I. Group Yuri Scheffler, president of the company Inteco Management Yelena Baturina, the former head of Bank of Moscow Andrey Borodin, managing partner and co-founder of the fund Vaizra "VKontakte" Vyacheslav Mirilashvili and former shareholder of "BRIC" and "Silvinit" Dmitry Rybolovlev.
Forbes explained that due to the law of some Anti- offshore business in 2015 decided to abandon the tax residency in Russia - in particular, the shareholders of "Alfa-Group" Mikhail Fridman and Alexei Kuzmichev: she "Alfa" is denied. Others have figured out how to re-register foreign companies to relatives or trusted persons who are not residents. So, managing shareholder of Rambler & Co Alexander Mamut turned their foreign assets in a separate trust, who has drawn on their minor children of non-resident, and Arkady Rotenberg has sold assets that he owned through offshore companies, his son Igor.