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Far East: Support Mechanisms for Investors

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Far East: Support Mechanisms for Investors Far East: Support Mechanisms for Investors September 2017 kpmg.ru Introduction The Far Eastern Federal District (FEFD) in 2016 was ranked FPV (the Free Port of Vladivostok) residents, there is a 6th in terms of the volume of tax revenues collected in notification procedure for obtaining tax benefits which the Russian Federation. Total tax revenues at all levels simplifies their administration. of government were about 657 billion roubles, or 4.6% of the total tax revenue of the Russian Federation. About To date, more than 400 investors have become ASEZ or half of the tax collected in the FEFD (48%) comes from FPV residents, implementing projects in priority sectors mineral extraction activities.Today, due to the region’s for the Far East, such as agriculture and fisheries, mining, attractive investment policies and the support it provides transportation and industrial production. to investors, the Far East attracts a significant amount of Russia’s inward investment, ranking second among The state support measures that have been so Russia’s districts in terms of the speed of growth in important for the region are aimed at developing investment from abroad. FEFD infrastructure. In 2015, a new mechanism that compensates investors (in the form of subsidies from the KPMG analysis shows that investors in the region are Federal budget) for some of the infrastructure expenses attracted primarily by two factors: (1) the region’s natural they incur when executing ongoing projects, came into market potential, and (2) the support provided by the effect. To date, 14 priority projects have been selected, authorities, helping investors successfully run their five of which are in the active phase of construction. businesses. This combination underlines the extremely important role of the state in creating favourable An additional incentive aimed at developing the region’s investment conditions and a welcoming business climate. industrial potential was the adoption of amendments to Federal law No.166-FZ «On fisheries and the conservation The Far Eastern Federal District is a region where of aquatic biological resources” in 2016 , enabling extensive state support is provided to investors. These investors to obtain quotas for catching aquatic biological measures are designed to develop priority sectors in resources in exchange for investment commitments to the region, and since 2014, many key measures creating construct new fishing vessels at Russian shipyards, and special conditions and tax regimes for businesses in the to establish new fish processing plants on the Russian Far East have been adopted: coast. — in 2014: Federal Law No.473-FZ «On Advanced Investors also have the ability to get project financing Special Economic Zones in the Russian Federation»; from the Far East Development Fund at 5% per annum. — in 2015: Federal Law No.212-FZ «On the Free Port of Vladivostok”, which had its “Porto-Franco” status It should be noted that the list of measures supporting extended in 2016 covering 4 key harbours located in investors continues to expand. Currently there are the Khabarovsk and Kamchatka territories, Sakhalin discussions regarding the possibility of granting tax region, and the Chukotka Autonomous Area; exemptions of the same size as amounts invested in infrastructure. — in 2016, previously created special mechanisms for industrial enterprises came into force. These We are certain that the business environment created in assist industrial enterprises that are working to the wider region will allow for projects to be implemented achieve import substitution for industrial products that have the maximum chance for success, and for the by providing special investment contracts and economic potential of the Far East to be fulfilled. by supporting enterprises engaged in transport, engineering and energy infrastructure projects We hope that the information provided in this brochure through regional investment initiatives. will be interesting and useful to you and your business. The tax and legal mechanisms created allow businesses to operate at a profit with a minimal tax burden for the lifetime of the project, and also for the following 5-10 years (depending on mechanism). This allows for implementation times to dramatically fall, reducing the The information is presented as of September 2017. This brochure is not payback period and increasing profitability. In addition, intended to act as advice on tax or legal matters in relation to any specific for ASEZ (Advanced Special Economic Zones) and person or situation. Readers are strongly recommended to seek professional assistance from advisors with experience in Russia for commercial projects. © 2017 KPMG. All rights reserved. Support MechanismsFar East: Support Mechanisms for Investors 3 for Investors in the Far East Brief overview of the business environment in the Far East 5 and Russia 7 Free port of Vladivostok (FPV) 8 Advanced Special Economic Zones (ASEZs) 11 Procedure for obtaining ASEZ resident status 12 ASEZ industry specialisations 13 ASEZ and FPV customs regulations 14 Regional investment projects (RIP) 16 Project infrastructure support 17 Special investment contracts (SIC) 18 Procedure for signing a SIC 19 Comparison of special regimes in the Far East 21 Regional tax benefits in the Far East 22 The procedure for obtaining tax benefits 23 Aquatic bio-resources in exchange for investment 24 Far East Development Fund © 2017 KPMG. All rights reserved. 4 Far East: Support Mechanisms for Investors Brief overview of the business environment in the Far East and Russia By reviewing and simplifying administrative procedures, and by reducing burdens on business, Russia has risen 11 points to be ranked 40st1 in terms of ease of doing business in the World Bank’s Doing Business 2017 annual report, compared to the previous year2. 40 th <10.5 <15 5 th 29th place days days place place Rating Starting R e g i s t e r i n g Enforcing Getting Doing business 2017 a business property contracts electricity 1 Source: http://russian.doingbusiness.org/reports/global-reports/doing-business-2017 2 Source: http://russian.doingbusiness.org/reports/global-reports/doing-business-2016 The Far East is a region where extensive measures in support of investors are provided, aimed at: — creating special incentives for business activity in the areas subject to the FEFD, free from the burden of additional hidden obligations; — encouraging import substitution and industrial development of the region and priority sectors of the economy; — creating all of the infrastructure necessary for the implementation of projects. Privileged regimes ASEZ FPV RIP SIC Additional support measures Biological resources Infrastructure Project funding in exchange for development at the at 5% per annum investment expense of budget (FEDF) funds © 2017 KPMG. All rights reserved. Far East: Support Mechanisms for Investors 5 Four laws have been adopted to create Nine FEFD regions have implemented the regional mechanisms to attract investment to the Far investment standard (RIS) Eastern Federal District The regional authorities of the FEFD have already — Federal Law No 349-FZ dated 03.07.2016 “On implemented a range of measures aimed at increasing the amendments to the Federal Law ‘On fisheries and the investment attractiveness of the district as a whole and each conservation of aquatic biological resources and certain of its regions. In particular, each authority has: other legislative acts of the Russian Federation to — developed an investment strategy; improve the distribution of extraction quotas (catches) of aquatic biological resources’” — established institutions and mechanisms to support Its investment activities; — Federal Law No 212-FZ dated 13.07.2015 “On the Free Port of Vladivostok“ — formed a regional regulatory framework that provides established state support mechanisms and helps — Federal Law No 473-FZ dated 29.12.2014, “On Priority implement investment projects; Social and Economic Development Areas in the Russian Federation“ — developed effective mechanisms to protect investor rights; — Federal Law No 267-FZ dated 30.09.2013 “On amendments to parts one and two of the Tax Code of — introduced support for investors based on a one-stop- the Russian Federation to encourage implementation of shop principle, providing investors with the necessary regional investment projects in the Far Eastern Federal services; District and certain other constituent entities of the Russian Federation” — been supporting measures aimed at creating the infrastructure necessary for projects to be implemented. 3 legislative initiatives are under discussion: — draft Federal law “On amendments to article 18 of part one and part two of the Tax Code of the Russian Federation in conjunction with the introduction of a special tax regime for residents of the Free Port of Vladivostok”. — draft Federal law “On amendments to article 284-4 of the Tax Code of the Russian Federation”, extending the validity of tax benefits that depend on the amount of capital investment envisaged in an investment project. — draft Federal law “On amendments to part one and two of the Tax Code of the Russian Federation”, involving the introduction of a reduced income tax rate for taxpayers engaged in the construction of infrastructure facilities in the Far East. © 2017 KPMG. All rights reserved. 6 Far East: Support Mechanisms for Investors Free port of Vladivostok (FPV) FPV - the territory of municipalies of Primorsky, Kamchatka and Khabarovsk territories, Sakhalin region and the
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