Digital Law

Legal counseling on tax maneuver

It remains difficult to receive tax benefits in the IT industry. Contradictions in legislation, presidential decrees and departmental clarifications may prevent the project from receiving tax benefits. And vice versa, the project may not be compliant with tax laws, which can result in additional taxes and penalties.

Taxology specialists will explain the legislation on tax breaks g in the IT industry and offer the best benefits and options for digital companies and projects.

IT benefit audit

The Tax Code contains a number of requirements for digital projects to be able to receive tax benefits. They mainly concern options for intellectual property monetization that should be reflected in contracts and accounting documents correctly. Incorrect contract wording and incorrect contractual structures lead to situations when the tax benefits cannot be used.

Taxology specialists will audit the company's contracts and accounting records and, if necessary, propose changes that will help to comply with the tax break requirements and receive benefits.
Cases:

Digital project structuring

Aggregators, marketplaces, investment platforms and other digital projects have a number of peculiarities in building a system of fiscal receipts, taxation management and accounting, depending on the way they work with users.

For traditional businesses, the organization of separate companies based on development departments makes it possible to comply with the tax requirements and receive tax benefits. A properly built contractual base, tax and accounting records, and a management system make it possible to legally reduce the tax burden and obtain resources for investing in a project, as well as making transactions with users from foreign countries.

Taxology specialists will analyze your project, help you build a contractual base and business structure, and help you create a tax accounting system.

Obtaining Skolkovo Foundation resident status and special economic zone status for IT companies

The number of projects aiming to become residents of Skolkovo or special economic zones for IT companies (Kaliningrad SEZ, Innopolis, etc.) is growing every year. To obtain such status, companies need to meet specific requirements: for example, they should have the possibility to monetize or scale the project and confirm that they have intellectual property rights.

Taxology specialists will help analyze if your project is compliant with Skolkovo and special economic zones’ requirements, draw up residency applications, and advise you on accounting reports and requirements for the residents’ activities.
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Software registration in the domestic software register

Registration of the software used by the company is one of the main requirements for obtaining tax benefits. Until 2022, registered software used to help exempt transactions with it from VAT. Now, the software included in the register is an important condition for receiving income tax benefits and insurance premiums for many types of digital projects.

Taxology specialists will advise you on the procedures for including domestic software in the registry, help you prepare an application for accreditation and receive tax benefits after you are included in the registry.
Cases:
DFA and cryptocurrency projects
The development of the digital financial assets industry (for example, NFT) and cryptocurrency projects attracts the attention of the tax authorities. NFT was first introduced based on Russian law. Complex mechanisms for taxing digital financial assets appeared in tax legislation in the summer of 2022. The procedure for registering digital platform operators and digital assets has been regulated. They have been assigned the role of tax agents.

Taxology specialists will advise you on the taxation of digital assets and cryptocurrencies’ turnover, provide support for the registration of a digital platform operator and digital assets.
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GameDev projects and eSports

The market for the domestic GameDev and eSports industry was about 200 billion rubles in 2021 and demonstrated an annual growth of 20-30%. Developers and release companies face the need to obtain tax incentives and structure settlements in order to be able to receive funds from foreign users.

E-sportsmen need to choose the best possible legal status (individual entrepreneur or self-employed) in order to be able to receive prize money. A properly built tax accounting structure for eSports competitions allows you to reduce the tax burden and avoid tax risks.

Taxology specialists will advise on legal support for GameDev projects, monetization of game developments, and taxation of prize money for e-sportsmen.
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