The Federation Council recently approved a draft law providing for a new form of tax amnesty for companies using a split-up scheme. This new development is aimed at simplifying tax obligations and allowing entrepreneurs to correct past mistakes without serious financial and legal consequences.
What is splitting a business?
Business fragmentation is a common practice whereby a single business is divided into several formally independent structures. This is done so that each such structure can benefit from more favourable tax regimes, such as the Simplified Tax Scheme (STS) or the patent system. As a result of the business’s fragmentation, the tax burden is significantly reduced, which is attractive to entrepreneurs. However, the tax authorities view such schemes as a method of tax evasion.
The essence of the new law
The new law offers companies the opportunity to voluntarily abandon the fragmentation scheme in exchange for an amnesty for tax offences committed in previous years. Entrepreneurs who agree to abandon fragmentation will be able to avoid paying additional taxes, penalties and fines for the tax periods from 2022 to 2024.
Conditions of the amnesty
In order to benefit from the amnesty, entrepreneurs must fulfil several conditions:
1. A voluntary cessation of fragmentation: Companies must voluntarily cease using the fragmentation scheme in 2025 and 2026.
2. Consolidation of income: All income and figures previously allocated among different structures must be consolidated.
3. On-site audits: The tax authorities will conduct on-site audits in 2025 and 2026 to confirm the fact that there is no fragmentation. If the audit concludes that a splitting scheme has not been applied, tax obligations for previous years will be cancelled.
Business benefits
The main benefit of the new law is the opportunity to avoid serious financial and legal consequences. Businesses that voluntarily opt out of fragmentation will be able to
– avoid paying additional taxes, penalties and fines for 2022-2024.
– avoid prosecution for large amounts of unpaid tax.
– work within the legal framework and reduce the risk of future tax audits.
How do you know if your business is eligible for the amnesty?
The first step is to analyse your current business structure. If your business uses multiple legal entities or sole proprietorships to reduce your tax burden, you may qualify as a splitter of a business. It is important to remember that not every case of splitting a business is illegal. If each company operates independently and is not set up solely to reduce tax, it may not qualify as a split.
Practical steps to obtain an amnesty.
1. Conduct an audit of your current business structure and determine whether your situation qualifies as a split-up scheme.
2. Seek the advice of a tax professional to assess the risks and develop a strategy to avoid a split-up.
3. Combine the income and accounts of the different structures into one single legal entity.
4. Prepare all necessary documents and data for the upcoming tax audit.
The new bill on a tax amnesty for business splitting offers entrepreneurs a unique opportunity to start with a clean slate. Voluntarily renouncing fragmentation and transitioning to the common taxation system will avoid serious financial and legal consequences and create a basis for stable and transparent business in the future.
Nodic Star’s team will be happy to help you minimise the risks and ensure compliance with the new regulatory requirements.