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Assessing the activities of a sole trader and a company for business splitting

Business "splitting" is a frequently used concept for building business structures. In recent years, business “splitting” has attracted increasing attention from tax and law enforcement authorities, who are looking for dishonesty, “artificiality” and related unacceptable tax minimisation in such “splitting”. There are many business “splitting” options. The simplest example is when the same individuals directly or indirectly set up several companies, perhaps registering themselves as sole traders.

As part of tax risk identification and analysis, BGP Litigation lawyers check on the structure of a company group for signs that allow the internal relations between several entities to be classed as “business splitting”. If signs that indicate potential business “splitting” are identified, the lawyers elaborate recommendations and draw up a roadmap for the subsequent tax risk mitigation.

Services

Why BGP Litigation?
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BGP Litigation lawyers have experience, including in tax authorities and BIG-4 companies, allowing them to perform, to a high standard, analytical procedures aimed at identifying tax risks associated with business “splitting”.

It is worth turning to BGP Litigation lawyers if the company interacts on an ongoing basis with certain individuals (companies or individual entrepreneurs) who enjoy simplified taxation treatment (STS) or are in some way interconnected with it (there are family ties between the management or employees of such companies, employees are transferred from one company to another without changing their title, etc.). This will make it possible to identify potential tax risks in a timely manner and collect defence files in advance, confirming the good faith of the company in the event of tax claims from FTS Russia.

Practice

Team

Alexander Golikov
Partner, partner committee member, attorney — Tax Advise and Disputes
Pavel Kondukov
Partner, attorney — Tax Advise and Disputes
Denis Savin
Partner, attorney — Tax Advise and Disputes
Valentina Semenova
Counsel, attorney — Tax Advise and Disputes