Forms descriptions - Ad-hoc disclosure - Russia
Information is provided here about the forms and their use in relation to the procedure for potential ad-hoc disclosure request from the Russian Tax Authorities.
Deadline for ad-hoc tax disclosure
The deadline within which the Russian Tax Authorities may request additional information through NSD is three years following the end of the year in which the income was paid. CBL will immediately inform customers after receipt of the official letter. The deadline within which the documentation must be received back from customers is at the latest eight (8) weeks after the date included in the letter.
Certificate of Tax Residence (COTR) requirements
The format of the COTR is not explicitly defined by the Russian Tax Code and specific wording and format may therefore vary subject to jurisdiction. In these circumstances, format interpretation, validity confirmation and overall reliability of such document for withholding tax purposes may give rise to uncertainties. However, the Russian Tax Authorities have detailed a list of the standard requirements for the COTR format and standardised wording for reference purposes, as follows:
- COTR must be issued by the competent authority (indicated in the relevant DTT).
- COTR must be issued before the income payment date.
- COTR must indicate beneficial owner of income, full name and tax identification number.
- COTR is valid for a tax period in which income payments are made (calendar year) and should be renewed each new period. One COTR is valid for all payments made in the relevant tax period.
- It is strongly recommended that the COTR has a reference to the DTT; for example, "[Beneficial Owner of Income] is a tax resident of [Country] in the meaning of double tax convention between [Country] and Russian Federation".
- COTR must be signed by the authorised competent body officer and stamped.
- COTR requires consular legalisation or apostil (for countries joined to Hague convention dated 5 October 1961) unless the certificate is issued by the country with which Russia has mutually agreed to accept documents without their legalisation or apostil. The List of Countries with which the Russian Federation has mutually agreed to accept Certificates of Tax Residency (COTR) without an apostille stamp or consular legalisation can be viewed on the National Settlement Depository (NSD) website.
- Apostil must be made on the original COTR and all sections must be filled in.
- Apostil must verify the signature of the competent body officer.
- Apostil of the COTR's notary copy is not valid.
Where a DTT provides for any limitation of tax privileges, the Russian Tax Authorities may request that the taxpayer provide (at the time of filing documents certifying the taxpayer’s tax residency status) an additional certificate issued (in any form) by a competent authority to certify that the taxpayer claiming tax privilege under the DTT is eligible to make such claim.
Who completes it?
Beneficial owner's tax authorities.
How often is it provided?
When is it provided?
At the latest eight (8) weeks after the date included in the letter requesting the COTR.
Copy or original?