End to tax treaty Russia-Netherlands- update

Update April 9, 2021: the Russian government has decided to submit the draft bill on denouncing the treaty to the State Duma. If the Duma approves the bill before 1 July 2021, the tax treaty will end per 1 January 2022. Should approval occur after 1 July, the tax treaty would end per 1 January 2023.

The Double Tax Treaty with the Netherlands will soon end following termination by Russia. A draft bill on termination was presented in December and a compromise between both states seems unlikely.

If the proposal is approved by the Duma, the Russian government will end the treaty before July 1. From 2022, the tax rates for dividend payments, interest and royalties will then be much higher. Hence forward, a dividend payment from Russia to the Netherlands will be subject to 15 percent withholding tax instead of 5 percent, for interest and royalties that will be 20 percent instead of 0. In addition, there will no longer be any agreement as to which country levies tax in which cases. More information about the backgrounds and consequences of the tax treaty termination is available in Raam op Rusland (Window to Russia) in which Lodewijk Schlingemann of Juralink was interviewed.

Importers’ additional obligations from July 2021

Since the beginning of 2021 the Decree of the Ministry of Economic Development of Russia N 478 came into force that implemented the obligation for the applicants of conformity declarations for products manufactured outside the territory of Russia or EAEU to specify the GLN (Global Location Number) in relation to the place of products manufacturing, as well as the GTIN (Global Trade Item Number), which allows to identify the object of declaration in the course of the declaration registration. 

These codes can be obtained by registering with the GS1 association (an international organization that deals with the standardization of accounting and bar coding of goods).

However, after numerous appeals from the business community representatives the implementation deadline was resceduled for the July 1, 2021 and the transition period was specified as follows:

1. The GLN code is specified only if available – until July 1, 2021.

2. The GTIN code is specified if available.

Currently, membership in GS1 is voluntary and the lack of the above mentioned codes and, accordingly, the impossibility of entering it into a specialized service for automated electronic registration of conformity declarations does not prevent the registration of such declarations. Still if the receipt of GLN code will become mandatory from July 1, 2021, importers will have to be registered with the GS1 association, which will incur additional costs and administration. 

Please check with your logistic department, if your company could be affected by the new regulation, to be prepared or initiate the necessary steps in advance.

We’ll keep you posted.

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