NEW CHALLENGES OF THE CONTROLLED FOREIGN COMPANIES

The article discusses the doctrine of the controlled foreign companies introduced in the Russian Tax Code in 2015. The author paid the especial attention to the criteria of recognition of the person as the controlling person of the foreign company for the purposes of the RF taxation. The research highlighted problems of regulation of the controlled foreign companies determined in the Russian Tax Code. Such problems as determination of the personal law of the structure without legal entity, designation of control of the foreign company, calculation of the revenue of the foreign company (structure without legal entity) are noted. The author proposes some ways of resolving of specified problems. One of the results of the research is the notice of several tax risks, which are related to the creation of the discretionary trust, segregated company (fund), and non‑commercial company. On the one side, such risks have to be accounted by the economic agents in the international tax planning purposes. On the other side, tax authorities have to pay attention to the methods of possession and business structures named in the article. Therefore, the proposed article can be relevant for both economic agents and controlling authorities.

controlled foreign companies, revenue of the CFC, taxation of the CFC`s revenue, controlling person of the CFC, discretionary trust, segregated fund, non‑commercial companies, taxation in the Russian Federation, OECD, BEPS.

Chitaya R. G. New challenges of the controlled foreign companies // Business. Education. Law. 2018. No. 4 (45). Pp. 366–370. DOI: 10.25683/VOLBI.2018.45.465.