The Double Taxation Relief (Taxes on Income) (Russian Federation) Order 1994

Excellency

I am in receipt of your note dated 15th February 1994 which states as follows:

“I have the honour to refer to the Convention between the Government of the United Kingdom of Great Britain and Northern Ireland and the Government of the Russian Federation for the Avoidance of Double Taxation and the Prevention of Fiscal Evasion with respect to Taxes on Income and Capital Gains which has been signed today and to make on behalf of the Government of the United Kingdom the following proposals for the purpose of applying:

Article 22: Elimination of double taxation;

Interest Payable by a Permanent Establishment of an Enterprise of a Contracting State

(a) In computing tax payable on its income or profits, there shall be allowed to a permanent establishment of an enterprise of a Contracting State, a deduction for interest incurred for the purpose of its trade or business whether paid to a bank or other person and without regard to the period of the loan, but that deduction shall not be available to the extent that the interest paid exceeds, for whatever reason, the amount which would have been agreed upon in the absence of a special relationship between the payer and the beneficial owner of the interest.

Wages, Salaries and other Remuneration for Personal Services Payable by a Permanent Establishment of an Enterprise of a Contracting State

(b) In computing tax payable on its profits, there shall be allowed to a permanent establishment of an enterprise of a Contracting State, a deduction for actual wages, salaries and other remuneration for personal services paid by the permanent establishment and incurred for the purpose of its trade or business, provided, in the case of a permanent establishment in the Russian Federation of an enterprise of the United Kingdom, that such permanent establishment pays tax at rates in accordance with the law “On taxes on profits of enterprises and organisations”. In the event that the law “On taxes on profits of enterprises and organisations” ceases to have effect, such permanent establishment will be permitted to continue to compute its tax as specified in this subparagraph.

Interest Payable by a Company or other Taxable Entity which is a Resident of a Contracting State

(c) In computing tax payable on its income or profits, there shall be allowed, to a company or other taxable entity which is a resident of a Contracting State and which is wholly or partly owned by a resident or residents of the other Contracting State, a deduction for interest incurred for the purpose of its trade or business whether paid to a bank or other person and without regard to the period of the loan, but that deduction shall not be available to the extent that the interest paid exceeds, for whatever reason, the amount which would have been agreed upon in the absence of a special relationship between the payer and the beneficial owner of the interest.

Wages, Salaries and other Remuneration for Personal Services Payable by a Company or other Taxable Entity which is a Resident of a Contracting State

(d) In computing tax payable on its profits, there shall be allowed, to a company or other taxable entity which is a resident of a Contracting State and which is at least 30 per cent owned by a resident or residents of the other Contracting State and the issued share capital of which is at least £75,000 (or the equivalent value in roubles), a deduction for actual wages, salaries and other remuneration for personal services paid by the company or other entity and incurred for the purpose of its trade or business provided that the company or other entity is engaged in production or manufacturing and that, in the case of a company or other taxable entity resident in the Russian Federation which is owned by a UK resident or residents, such resident pays tax at rates in accordance with the law “On taxes on profits of enterprises and organisations”. In the event that the law “On taxes on profits of enterprises and organisations” ceases to have effect, such resident will be permitted to continue to compute its tax as specified in this subparagraph.

Wages, Salaries and other Remuneration for Personal Services Payable by a Company or other Taxable Entity Carrying on Banking, Insurance or other Financial Business.

(e) The Russian Federation agrees that if a banking, insurance or other financial business is carried on in the Russian Federation by a resident of the Russian Federation that is at least 30 per cent owned by residents of the United Kingdom and has issued share capital of at least £75,000 (or the equivalent value in roubles), such resident of the Russian Federation shall be permitted deductions for actual wages and other remuneration for personal services, provided that such resident pays tax at rates in accordance with the law “On taxes on profits of enterprises and organisations”. In the event that the law “On taxes on profits of enterprises and organisations” ceases to have effect, such resident will be permitted to continue to compute its tax as specified in this subparagraph.

Withholding Tax

(f) Each Contracting State shall endeavour to establish procedures to enable taxpayers to receive income dealt with under Articles 10, 11, and 12 without the imposition of withholding taxes where the Convention provides for taxation only in the state of residence. Where the Convention provides for taxation in the state where the income arises each State shall endeavour to establish procedures to enable taxpayers to receive income under deduction of tax at the rate provided for in the Convention.Where a claim is made by a taxpayer, tax withheld at source in a Contracting State at the rate for under domestic law shall be repaid in a timely manner where that tax is withheld at a rate in excess of that provided for under the terms of the Convention.

If the foregoing proposals are acceptable to the Government of the Russian Federation I have the honour to suggest that the present Note and Your Excellency’s reply to that effect shall be regarded as constituting an agreement between the two Governments in this matter which shall enter into force at the same time as the entry into force of the Convention.”

The foregoing proposals being acceptable to the Government of the Russian Federation, I have the honour to confirm that Your Excellency’s Note and this Reply shall be regarded as constituting an agreement between the two Governments in this matter which shall enter into force at the same time as the entry into force of the Convention.

I take this opportunity to renew to Your Excellency the assurances of my highest consideration.

Sergei Lavrov

Deputy Minister for Foreign Affairs of the Russian Federation