The paper was prepared based on the materials of a sociological study conducted by the author in order to reveal the attitude of respondents to the organizational measures and legal innovations implemented by the Russian Federation aimed at the re-domiciliation of organizations registered offshore to the Russian jurisdiction, as well as the return of their assets to the domestic economy. The objective of this work is to determine the proportion of respondents who agree to the implementation of re-domiciliation in the Russian Federation on the terms proposed by the legislator, reasons preventing re-domiciliation, factors that increase the interest in “moving business” from offshore zones to the Russian Federation. As a result, the author determines that the organizational and legal conditions for re-domiciliation are acceptable for almost half of the respondents. At the same time, the one-fifth of the respondents evaluate the prospect of re-domiciliation to the domestic jurisdiction as inappropriate, since in principle they do not trust the Russian Federation and do not want to accumulate assets on its territory regardless of the attractiveness of the proposed conditions. The results of the survey held among respondents planning to engage in entrepreneurial activity (to do business) in the future showed that this group of survey participants demonstrates a more negative attitude towards the use of offshore jurisdictions (compared to other categories of respondents) and generally perceive as attractive the idea of re-domiciliation in the Russian Federation. The most significant obstacle to re-domiciliation is formed due to the uncertainty among the research participants in the stability of Russian legislation, which poses the task before the State and the scientific community to develop legal safeguards concerning the invariability of the legal regime of entities re-domiciled in the Russian Federation. The attitude of the respondents to the ongoing change in the agreements concerning avoidance of double taxation concluded by the Russian Federation with foreign states demonstrates a surprising outcome of the survey: these agreements’ revision acts as a demotivating factor.
The paper examines the reasons for the use of the US dollar as a means of payment in the implementation of foreign economic activity, determines shortcomings that do not allow the use of the Russian ruble in international trade. An organizational and legal mechanism has been developed that makes it possible to switch to the use of the Russian ruble when foreign buyers pay for certain exports of Russia. The mechanism under consideration is based on market principles and it is implemented on the basis of the absence of administrative coercion to apply it. The consequences of using the mechanism are considered in the context of the Russian Federation’s implementation of the monetary policy.The paper uses analytical and structural-logical methods of research, financial and legal modeling of the processes of partial replacement of foreign currencies by the Russian currency in the implementation of foreign economic activity by domestic exporters.It is proposed to create a mechanism for the short-term provision of ruble liquidity to foreign buyers of certain Russian exports, which involves the exchange of foreign currency for Russian rubbles in order to pay for specific foreign trade contracts. Stimulation for its use should be carried out by means of customs and tariff regulation. The mechanism functioning for providing liquidity is supposed to be established using organizational capabilities of the Bank of Russia (either within its structural unit, or in the form of an independent organization controlled by the Central Bank of the Russian Federation). To test the action and consequences of using this mechanism, it is necessary to conduct an experiment on a limited product market that meets the selected criteria. The mechanism for providing ruble liquidity should result in a significant increase in demand for the Russian ruble in the domestic foreign exchange market, which will cause its exchange rate to strengthen and make it possible to reduce the key rate of the Bank of Russia in order to stimulate economic growth to compensate for the deflationary effect.
The article analyzes the reasons why the European Union classifies the Russian Federation as an offshore state (including Russia in the next edition of the list of non-cooperative tax jurisdictions). The study determines the objectives of introducing the legal design of an international holding company into the domestic tax legislation and the tasks for which it is used. The paper proves that classification of special economic districts «Oktyabrsky Island of the Kaliningrad region» and «Russian Island of the Primorsky Territory» as low-tax jurisdictions aimed at assisting foreign organizations in tax evasion is unfounded. The paper examines legal innovations introduced into the Tax Code of the Russian Federation in order to exclude Russia from the European list of offshores. It is established that their application will potentially have a negative impact on the amount of budget revenues, and will also lead to the erosion of the foundations of state policy on deoffshorization of the Russian economy. The author gives negative assesment of haste adoption of amendments to the Tax Code of the Russian Federation and their insufficient elaboration during the legislative process. The paper compares the states and territories classified as offshore by the Russian Federation and the European Union and describes low-tax jurisdictions associated with the major EU members, as well as the UK and Switzerland. The paper highlights a transit nature of the economies of a number of European Union members (the Republic of Cyprus, Malta, the Grand Duchy of Luxembourg, the Kingdom of the Netherlands, etc.) when moving financial assets from high-tax jurisdictions to low-tax ones. The above allows the author to come to unsatisfactory conclusions concerning «integrity» of the international tax policy of European states. The author used analytical and comparative legal methods to perform the study.
The paper attempts to assess the fiscal, investment, and monetary repatriation results of the application of legislation on the redomicilation of organizations registered in offshore states to Russian special administrative regions. The study was conducted in the context of the fundamental adjustment of agreements on the avoidance of double taxation concluded with foreign countries, which began in the summer of 2020 on behalf of the President of the Russian Federation. In this regard, the results obtained are more promising than current. In the course of the study, comparative legal and statistical methods were used, and the "reinvestment strategy" of economic entities, which is expressed in the reverse investment of funds previously transferred to the accounts of offshore organizations, was analyzed (In the context of changes in double taxation agreements).The outcomes of the analysis show that direct taxation of an international company that is redomiciled in the Russian Federation does not give a tangible fiscal result and is nothing more than a tool to increase the attractiveness of the Russian legal jurisdiction. However, the volume of mandatory investments accompanying the redomicilation procedure is significant in terms of the degree of financial burden on international companies, which should provide a fiscal effect for the budget system in the medium and long term. Cash-repatriation result of redomiciliation will be equal to the amounts reinvested in Russia from offshore countries; it is expressed in the improvement of the financial system of the Russian Federation by means of displacement of offshore practices. The author summarizes that, in general, the analysis of legal regulation indicates that the Russian Federation does not set the goal of increasing current budget revenues because of the application of the procedure of redomicilation of foreign organizations, but expects a promising financial and economic effect.
In summer 2020, the Russian Federation initiated amendments to agreements on double taxation avoidance concluded with foreign States. The President of the Russian Federation outlined the goal of this procedure, namely: to ensure the collection of tax on dividends and other payments in the amount of at least 15%. It is extremely curious that the change in such tax agreements correlates with the legal institution of the re-domiciliation of foreign companies to the Russian jurisdiction (to special administrative regions on the Oktyabrsky and Russian Islands). New provisions of agreements on the avoidance of double taxation in conjunction with the re-domiciliation procedure, as well as the existing mechanism for voluntary declaration of accounts and assets, can potentially bring the fight against offshorization of the domestic economy to a new level.The aim of the study is to compare the financial and other operating conditions of an international company registered in the order of re-domiciliation in a Russian special administrative region and an organization registered in a “low-tax” (offshore) jurisdiction. To achieve this goal, analytical and comparative legal research methods were used, which made it possible to draw the following conclusions: in the changing circumstances, the Russian special administrative regions are approaching in terms of the conditions for carrying out commercial activities and the volume of financial preferences provided to traditional offshore jurisdictions. However, in order to activate the process of re-domiciliation of foreign companies to the Oktyabrsky and Russky Islands, it is necessary to eliminate the shortcomings of legal regulation by amending the existing regulatory legal acts.
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