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Foreign Companies' Income From Property Rental Taxed At 20%

13.04.2010

According to Letter #03-08-05, dated March 5, 2010 from the Ministry of Finance, foreign and international organizations owning fixed assets in Russia must register their property with the proper authorities in the area where the property is located. This does not apply to transportation equipment, as defined by the law on fixed assets.

Leasing fixed assets is regarded as "actively conducting business" and requires the formation of a permanent legal presence in Russia.  Related income is taxable.

Income received by foreign organizations (leasers) from rental property that is not considered a permanent legal presence is still subject to   income tax, regardless of the form in which the income was received. Such income is subject to taxation at a rate of 20% from the Russian company (lessee), who is the source of payment and is recognized as the tax agent.




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