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Taxation for Russian Private Foundations was reduced

DATE: August 11, 2023 | AUTHOR: AT

Federal Law No. 389-FZ of July 31, 2023, reduces taxation for Russian Private foundations, including
corporate profit tax and personal income tax on distributions to beneficiaries.

The foundations will be entitled to apply 15% corporate profit tax rate if passive income (dividends, interest,
royalties, income from the sale of securities, etc.) is more than 90% of the foundation’s total revenue. In
addition, if certain conditions are met, payments from the foundations to beneficiaries will not be subject to
personal income tax.

According to the adopted amendments to the Tax Code of the Russian Federation:

Foundation corporate profit tax will be paid at the rate of:

• 15% if passive income (dividends, interest, royalties, income from the sale of securities, derivative financial
instruments, exchange rate differences) is more than 90% of total revenue of the foundation in relevant
calendar year; or
• 20% in other cases.

PIT (Personal Income Tax) will not be withheld by foundation when making distributions to beneficiaries
(and will not be payable by the beneficiaries) for distributions made by the foundation:
• after the death of the settlor of the foundation – to any beneficiaries; or
• during the life of the settlor of the foundation – only for distributions made to the settlor and beneficiaries
being his or her close relatives, and only provided they are tax residents of the Russian Federation.

Foundation property tax will be accrued as follows:

• for residential premises, garages, parking places, the tax base in respect of which is determined as the
cadastral value, provided that such cadastral value does not exceed 300 million rubles for each object, tax
rates are established by the laws of the relevant Region of the Russian Federation, but shall be capped at

The legislative amendments will come into force on 1 January 2024.

The concept of a private foundation appeared in Russian law in early 2022. A private foundation is a nonprofit organization with no members. A private foundation may be established for a fixed or indefinite term.
Only one natural person may be the settlor. The foundation may only be established if the settlor contributes
assets having value of at least 100 million rubles. The beneficiaries of a private foundation may be any person,
except for commercial organizations.

We will keep you updated on this matter.

If you have any questions on this topic, you may contact our lawyers:

Tatiana Astahova and Vlada Kovaleva

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