Residency issues of 2020

Residency issues of 2020

28 April 2020

This year has forced changes to the plans of many people around the world. A few months ago, it was hard to imagine that meetings and deals would be arranged only by video link, offices equipped at home, and that vacation, or a long-awaited meeting with your family, would depend on the measures of a particular state to prevent the spread of the virus and policies to close borders. This new way of private and business life may lead to new realities of taxation, residency and application of currency legislation.

It is already clear that earlier strategies for living in certain countries, making investments, performing different types of transactions and taxation of certain types of income may not work, due to the forced stay in a country different from the country of your “ordinary”, or intended residence.

Despite the fact that, in certain cases, the provisions of the Double Taxation Agreements may still be applicable, and states may adopt special tax-residency rules for the year 2020, individuals may nevertheless face new requirements that apply to them in the country of their actual residence, for the current year.

The above-mentioned refers in particular to the following groups of individuals:

  1. Those, who mainly live outside the Russian Federation and are subject to taxation under foreign law, but due to the pandemic situation, will spend more than 183 days in Russia in a calendar year, ended 31st December 2020;

  2. Those, who currently stuck outside the Russian territory, but normally live in Russia and are Russian tax residents.

The change of tax status may lead to a number of legal consequences, both for the individual and for his/her business in Russia and abroad.

In addition, the number of days spent on the territory of the Russian Federation affects not only taxes, but also obligations (and in some cases restrictions) under the Russian currency legislation.

ALRUD team has prepared guidance material for better understanding of the specifics of Russian tax and currency resident status:

Currency control issues for special residents 2020

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Tax issues for individuals, Russian tax residents 2020

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The tax issues for individuals, who are non-residents in the Russian Federation, but receive income from Russian sources, should be analyzed separately. If, due to the current situation in 2020, a non-resident individual is not able to obtain a Tax Residency Certificate in the “usual” jurisdiction (e.g. due to a long stay outside the “usual” jurisdiction), the following is recommended:

  • To check the criteria for tax residency in the country (countries) of stay in 2020, analyze possible consequences of being recognized as a tax resident in that jurisdiction (those jurisdictions);

  • To check the applicable Double Taxation Agreement between that jurisdiction (those jurisdictions) and the Russian Federation, if income from Russian sources is received;

  • To contact the tax authority of the “usual” country of residence to clarify the possibility of obtaining a Tax Residency Certificate for 2020, taking into account the current situation.

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Practice: Tax Private clients

Note: Please be aware that all information provided in this letter was taken from open sources. Neither ALRUD Law Firm, nor the author of this letter bear any liability for consequences of any decisions made in reliance upon this information.

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