The document provides information on transfer pricing (TP) documentation and reporting requirements in Russia. It discusses mandatory TP notification and documentation requirements, including what information must be included. It outlines the structure of TP documentation, including industry analysis, company analysis, functions/assets/risks analysis, comparable analysis, and results. It then provides an example economic analysis of an intragroup loan transaction, demonstrating the process of determining if the loan interest rate meets market levels by analyzing comparable transactions.

1. TP Documentation:
Structure & Tips
Alexander Simonov
June 6, 2013

2. TP reporting: Notification and Documentation
Mandatory reporting
Notification Documentation
Upon request from the tax
authorities, but not earlier than 1
June of the subsequent year (for
2012 – not earlier than 01/12/2013).
Free format.
Standardized form. Should be
submitted annually, not later than
20 May of the year following the
reporting period
(for 2012 – by 20/11/2013)
30 working days
Income from all transactions with certain related party:
2012 – above 100 MRUB; 2013 – above 80 MRUB
Starting from 2014 – all transactions

3. TP Notification
Information that should be included:
General information about the transaction:
• Type of interdependence with the counterparty
• Use of regulated prices
• Pricing methods, the source of information – for information only
• Amount of income/expenses for the year based on accounting data
Information about the object of transactions:
• Name, TNVED code, OKP, OKVED
• Number and date of the contract
• Place of loading of goods
• Place of transaction, address for unloading of goods
• Code of condition of supply – INCOTERMS
• Unit of measurement
• Quantity, price, cost
• Date of transaction = date of income recognition under the accounting

4. TP Documentation
Art. 105.17(5) of the Russian Tax Code:
 For tax control purposes the tax authorities must apply the same
methods, as applied by the taxpayer and described in TP Documentation
 Application other methods by the tax authorities is possible only if the
tax authorities prove that the method applied by the taxpayer does not
allow to determine the compatibility of commercial and (or) financial
conditions of controlled transaction with conditions of comparable
transactions between the parties, which are not related
Do not let the tax authorities establish their own rules of the
game – by timely preparation of TP Documentation you shift
the burden of proof to the tax authorities!

5. TP Documentation
Information that should be included:
About the taxpayer’s activity:
• List of parties with which the controlled transaction is made, description of the controlled
transaction, its conditions, including description of the TP method, terms and conditions of
payments for the transaction
• Information about the functions performed by the parties of the transaction, about the
assets used by the taxpayer, about the taken economic (commercial) risks
Information about the used TP methods:
• Substantiation of selection of TP method and algorithm of its application
• Indication of the sources of information
• Calculation of market prices range on controlled transaction with description of the
approach used to select comparable transactions
• Amount of income/profit and/or expenses/loss on the controlled transactions
• Information about the economic benefit received from the controlled transaction
• Information about other factors that have an impact on the price (profitability), applied in
controlled transaction, including information about the market strategy of the taxpayer

6. TP Documentation: Structure
 Industry analysis (description of the business, industry and relevant
markets)
 Company analysis (general information about taxpayer, description of
business segments and product lines)
 Functions / Assets / Risks (FAR) Analysis (what functions does the
Company peform in the transaction? what is the level of its risk? What
assests were used to fulfil the obligations? What resources were
contributed?)
 TP method selection (substantiation why the exact method was chosen)
 Comparative analysis (Benchmarking study) (information sources,
selection of comparable companies and transactions)
 Results (calculation of the market price, conclusion)

7. TP Documentation: Industry analysis
Short description of industry and relevant markets aimed to uncover key
features of business and value drivers
Input
• Industry structure
• Nature of competition
• Cost structure and conditions
• Regulatory and political trends
• Market and competitor trends
Main Output
• Competitive advantage
• Key processes and value
drivers
• Key risks
• Comparable transactions
• Comparable companies
• Influences on pricing

8. TP Documentation: Company analysis
Short description of business, product/service lines aimed to uncover key
value drivers to the particular company
Input
• Business overview
• Group profile (history, facts and
figures)
• Strategy
• Organizational structure
• Competitive position
• SWOT analysis
• Financial performance
Main Output
• Company-specific sources of
competitive advantage (value
drivers, core competencies,
core capabilities & assets)
• Key risks
• Transaction map
• Management model

9. TP Documentation: Functions / Assets / Risks (FAR) analysis
An analysis of business from the perspective of the functions performed,
assets used and risks assumed
Input
• Processes/functions performed
• Resources used
• Intangible assets
• Risks taken
• Transaction terms
Main Output
Relative compensation earned by
the related parties should
correspond to their relative
contribution of functions
performed, exposure to risk, and
intangible property

10. TP Documentation: Economic analysis
Structure of economic analysis:
 Choice of method for each transaction
• Comparable Uncontrolled Price Method (CUP)
• Resale Minus Method
• Cost Plus Method
• Comparable Profitability Method
• Profit Split Method
 Search for the information in available sources
 Unloading of necessary information, manual selection of comparable data
 Calculation of the market range of prices/profitability
 Conclusion:
• Transfer price is justified or
• There is a need to correct tax payments

11. Example of economic analysis: Intragroup loan
Conditions of the transaction:
1. Date of loan: 01.07.2011
2. Amount of loan: 200 million USD
3. Rate of the loan: LIBOR + 20 bps
4. Term of the loan: 3 years
5. Interests are calculated and paid each month
The purpose of the analysis: to determine whether the interest rate meets
the market level

12. Example of economic analysis: Intragroup loan
Steps of the comparative analysis:
1. Determination of the credit rating of the Borrower
2. Analysis of the contract, determination of the main details of the
transaction
3. Choice of the appropriate database and unload of comparable
transactions
4. Calculation of the market range

13. Example of economic analysis: Intragroup loan
Step 1. Determination of the credit rating of the Borrower:
 Available databases: Standard & Poor’s, Moody’s, FitchRatings
 Calculate ratings, using the program Moody’s KMV RiskCalc

14. Example of economic analysis: Intragroup loan
Step 2. Analysis of the contract, determination of the main details of the
transaction:
 Type of interest rate (fixed, “floating”)
 Type of loan (renewable, on the term)
 Loan currency
 Loan amount
 Country of registration and sphere of activity of the Borrower
 Country of registration of the Lender
 Availability of guarantor
 Date of loan
 Maturity dates

15. Example of economic analysis: Intragroup loan
Step 3. Choice of the appropriate database of comparable transactions:
For fixed rates – database Bloomberg:
a) Separate system, not available via Internet
b) possibilities:
 search of bonds issued by the companies
 derivative transactions
 construction of the yield curve

16. Example of economic analysis: Intragroup loan
Step 3. Choice of the appropriate database of comparable transactions:
For “floating” rates– Loan Connector DealScan (consists of information
about ~ 110 thousand of transactions)

17. Example of economic analysis: Intragroup loan
Step 3. Choice of the appropriate database of comparable transactions:
Company
name
Country Deal Date
Deal
Status
Deal
Amount
(MUSD)
Purpose
Maturity
(months)
Base
Rate
Annual
fees
(bps)
(Un)Secur
ed
Industry
Moody's
Sr Debt
S&P Sr
Debt
Romashka Russia 26.06.2011 Completed 200 Corporate 60 LIBOR 6 Secured Wholesale Baa3 BBB-
Lilia Russia 13.06.2011 Completed 250 Real estate 46 LIBOR 15 Unsecured Construction Ba1 BB+
Rose Russia 07.07.2011 Completed 100 Takeover 36 LIBOR 25 Secured Oil and Gas A3 A-
Arsenal Russia 17.07.2011 Completed 150 Corporate 40 LIBOR 8 Secured Technology Baa2 BBB+
Avangard Russia 03.06.2011 Completed 300 Working capital 50 LIBOR 38 Secured Healthcare B2 BB-
Karlson Russia 05.07.2011 Completed 350 Debt repayments 35 LIBOR 15 Unsecured Retail Baa3 BBB-
Maroon Russia 30.06.2011 Completed 250 Corporate 24 LIBOR 13 Secured Oil and Gas B3 B-

18. Example of economic analysis: Intragroup loan
Step 4. Calculation of the market interval
Comparable transactions Amount of transactions - 7
Minimal value: 7 / 4 = 1.75 → 1 + 1 = 2 → min. value that indicates
the number 2, – 8
Minimum value – 8 bps
Maximum value: 7 x 0.75 = 5.25 → 5 + 1 = 6 → max. value that indicates
the number 6, – 25
Maximum value – 25 bps
Market range: 8 – 25 bps
Conclusion: the interest rate of LIBOR + 20 bps is within market interval

19. THANK YOU FOR YOUR ATTENTION!
Contact Information:
Alexander Simonov
Mazars S.A.
Alexander.Simonov@mazars.ru
Office: +7 495 792 5245
Mob.: +7 916 390 7899
The content of the presentation cannot be applied as legal counselling as this will
always be subject to actual and specific knowledge of the client’s situation.