Withholding tax on cross-border payments: a key element of tax compliance

For international companies operating in Russia, managing withholding tax (WHT) is an essential part of cross-border payments. Payments made for royalties, services, or digital products to foreign entities are subject to WHT. Incorrect handling of WHT can lead to penalties, unnecessary overpayment, and conflicts with the tax authorities.

To prevent these issues and streamline processes, companies must thoroughly understand how WHT operates and how tax treaties can be used to minimize liabilities. Maintaining full compliance is essential not only to avoid penalties but to ensure smooth and efficient financial operations.

What is withholding tax and why is it crucial?

In simple terms, withholding tax refers to the amount deducted from a payment by a Russian payer before transferring funds to a foreign entity. This deduction is then remitted directly to the Russian tax authorities. The rate of WHT varies depending on the type of payment, and tax treaties may reduce or eliminate this tax when correctly applied.

Understanding how to classify these payments properly is essential to ensure that the company can apply the appropriate tax treaty benefits to reduce the tax rate.

Types of payments subject to withholding tax in Russia

Various types of payments are generally subject to WHT in Russia, such as:

Royalties: Payments for the use or licensing of intellectual property, including patents, trademarks, and software.
Services: Fees for services such as consulting, marketing, IT, legal services, and business management.
Digital services: Payments for digital services, such as cloud-based tools, digital marketing services, or software subscriptions.

Each of these payments has different tax implications, and the WHT rate may vary based on the payment type and the applicable tax treaty.

Optimizing withholding tax is more than just reducing rates. It’s about structuring payments to maintain compliance and minimize the risk of complications

How to apply treaty relief and handle necessary paperwork

Foreign companies looking to reduce WHT through international tax treaties must ensure they submit the required documentation, including:

Tax residency certificate: This document confirms that the foreign company qualifies for treaty benefits.
Invoices and contracts: These should clearly specify the payment type and confirm eligibility for treaty relief.
Tax filings and supporting reports: Accurate tax filings must be submitted to Russian authorities to validate the payment and withholding.

If the tax treaty is not correctly applied or if documentation is incomplete, foreign companies risk not benefiting from reduced tax rates.

Common issues in withholding tax management

Eligibility verification: Not all cross-border payments qualify for treaty benefits. It’s crucial to check eligibility before making payments.
Payment classification errors: Misclassifying payments can lead to incorrect tax withholding, causing penalties or excess taxation.
Incomplete documentation: Missing or incorrect tax residency certificates, contracts, or invoices can invalidate treaty relief claims.