It has been
finalized that Russia, like numerous other countries, will impose VAT on
foreign electronic service providers. The new VAT legislation was approved on
29 June 2016 by the Council of Federation.
The
legislation will influence the majority of services provided within the IT
field. In particular, 14 kinds of services will be imposed to VAT. Some of
these services include: databases, programs, hosting providers, data storage, advertising
platform, automated search services, audio-visual products and graphics as well
as digital goods (books or music), auctions performed online, applications,
games and platforms which provide sales of goods and services.
The new
legislation will not only influence foreign IT service providers like Google
Play and Apple Store. The tax will also influence domestic businesses that
engage in the sale of games, databases and software that can be downloaded. Two
deputies, Vladimir Parahin and Andrei Lugovoi, initially recommended the actual
legislation in December 2015. However, the draft was not well received since it
was argued that the Russian market would be seriously affected. Local
developers of cell-phone applications and games sell goods via foreign
mediators such as Google Play and App Store. At the moment, App Store and
Google Play are not subject to VAT on Russian Internet users purchases.
In January
2017, renowned online providers, like Microsoft, Google, Apple and eBay, will
be obligated by law to register with the tax authorities in Russian. They will
be subject to 18% VAT. The increase in the tax rate means that the price of
goods and services will also increase. Domestic IT companies used to complain
that locals preferred buying via App Store and Google Play because the price of
the item they wished to purchase did not include any VAT. This era has ended.
It is
estimated that the introduction of the VAT on foreign electronic services
providers will boost the Russian 2017 budget by 52 billion rubles. On the downside,
the introduction of the VAT may lead Russian application and game manufacturers
to other jurisdictions.
Currently,
the majority of companies in Russian that engage in the sale of cell-phone
games have agreements with foreign app stores. Therefore, even when a Russian
buys the mobile phone game, the company is subject to VAT twice. They are
subject to the first VAT since they are registered taxpayers and sellers. They
are subject to the second VAT due to the fact that under the Tax Code Art.
174.2, the foreign online seller will be forced to hold back VAT from the
purchaser from any sales made through online stores and present these to the
Russian tax authorities.