Tax Treaty Case Law around the Globe 2014
1. Aufl. 2015
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S. 305Chapter 30 Russia: Thin Capitalization Rules between Sister Companies under Luxembourg-Russia DTC
Danil V. Vinnitskiy
30.1. Introduction
Over the last 3 years the cases dealing with thin capitalization have been one of the most important categories of cross-border tax disputes in the Russian commercial courts. Some tendencies in the development of this category of disputes were analysed in this author's previous contributions on the topic in 2012 and 2013., As can be seen from those reports, the main issue that was initially considered by the courts when hearing cases of this nature was in what circumstances and to what extent the non-discrimination clause of the relevant tax treaty (usually article 24) hinders the application of the thin capitalization rules.
Since (i.e. the date of the decision of the Supreme Commercial Court in the Severniy Kuzbass case), commercial courts have almost never found any contradictions between the Russian thin capitalization rules and a non-discrimination clause of the respective tax treaties (in particular, the tax treaties concluded by Russia with Cyprus, Finland, the Netherlands and the United States). The developed case law may thu...