The Draft Law No. 675906-6 regarding the introduction of changes to article 269 of part 2 of the Tax Code in respect to the meaning of the concept of controlled indebtedness has been submitted to the State Duma on 16th December 2014. A representative from the Finance Ministry has recommended that amendments will be made to the method for the thin capitalization ratio for foreign currency debts to exempt the devaluation impact after 1st July 2014. This exemption is expected to be an interim measure and effective until the end of 2015. Under the proposed changes, debt may be recognized as controlled if a Russian borrower has a foreign direct or indirect shareholder. Under No. 376-FZ of 24, a foreign company that is Russian tax resident (Article 246.2 of the Tax Code) is considered as a Russian organization for profits tax purposes with effect from 1st January 2015 and becomes subject to the thin capitalization rules. According to the December draft, the ratio of controlled debt to a borrower’s equity is to remain 3:1 (12.5:1 for banks and leasing companies). A threshold of 90% for income is introduced for leasing companies below which the 12.5:1 ratio cannot apply. For each draft, the above changes are proposed to enter into force on 1st January 2016.
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