Russia (RU)

Jurisdiction Overview

IDQuestionAnswer
206 *Is any formal registration required at all? NEITHER, BUT NO DOMESTIC: Domestic law trusts cannot be created, but no registration of domestically managed foreign law trusts.
 Data Date: 2019

Notes

 
There is no indication that registration is required for trusts administered by Russian resident trustees in typcial offshore situations. According to tax laws, "the income of a foreign law trust will only be taxable to the extent that the trustee or beneficiaries are subject to tax in Russia" (GF 2014: 45). While the Global Forum mentions that trustees need to register with the Federal Tax Service (FTS), absent the concept of trusts in Russia this seems unlikely. The Global Forum then specifies that all foreign persons, including trustees, carrying on commercial activities are required to register with the FTS. It appears thus that only trustees who are carrying on commercial activities for trusts which have taxable income would have to register with the FTS. In any case, the Global Forum adds that in this case "those obligations do not expressly require identity information about beneficiaries and the settlor of a trust to be kept" (ibid.). Regarding investment unit trust (which are similar to collective investment schemes), an investment unit trust must have trust administration rules and must be registered with the Federal Financial Markets Service (FFMS) (ibid.). As of December 2019, there is no indication that recent (end of 2018) amendments to beneficial ownership regulations ensure the registration of all foreign law trusts with a trustee resident in Russia (internationaltaxreview.com; news.bloombergtax.com).

Sources

GF 2012: 34; GF 2014: 44-46
 
https://star.worldbank.org/sites/star/files/g20_bo_country_guide_russia.pdf
 
https://www.internationaltaxreview.com/article/b1f7mxfnycv034/russia-russia-amends-concept-of-beneficial-ownership
 
https://news.bloombergtax.com/daily-tax-report-international/insight-russian-beneficial-ownership-rules-time-for-change