ALRUD team is experienced in advising high net worth clients on various issues related to structuring and protecting family and business assets and settling family relations. In solving these issues we rely on international experience, having the Russian legislation issues as our priority. In order to provide our clients with the widest range of services we maintain relations with law firms, investment advisors, banks and family offices from all over the world.
The specialists of the practice advise private clients on issues such as:
Recent experience includes advising:
- Structuring of ownership and management of personal wealth, including across different jurisdictions;
- Family and inheritance law, including inheriting business, transferring assets across generations, asset management after retirement of the owner, joint property of spouses, etc.;
- Wealth planning and administration (residential and commercial real estate, objects of art, other real and personal property);
- Taxation, including settlement of tax disputes, currency control legislation;
- Risk management related to family and business assets;
- Advising international administrators, banks, family offices and their clients on the issues of Russian legislation, and modernization of existing structures;
- Immigration legislation issues.
Consulted an Italian national on options for cancellation of the Russian residency and further business trips to Russia. Successfully assisted him on all the stages of cancellation of the Russian residency permit and obtaining of the Russian business visa for further trips.
Analyzed and developed possible options for holding Russian real estate. Assessed tax risks and risks of disclosure of information under the CFC rules, Russian tax implications of a foreign company holding/selling real estate, and risks and obligations of Russian currency residents when performing foreign currency transactions. Drafted a tax memorandum regarding the above-mentioned issues.
Assessed the CFC risks and risks of disclosure of information under the CRS in relation to a Trust/BVI company, financed by a foreign individual, obtaining the Russian tax and currency residency statuses. Drafted a memorandum describing the above-mentioned risks and advised on tax and currency obligations of a foreign individual arising after obtaining of tax and currency residency statuses.
Advised a client on liquidation of a foreign company. The client asked to devise asset-holding options, ensuring full compliance with applicable tax and currency statutory requirements and regulating inheritance and management issues, taking into account the specific nature of assets held by the company. Together with representatives of Swiss Family Office ALRUD team, developed options that were implemented by the client.
Advised a client of a Swiss bank on signing a standard form confirming that the client complies with tax obligations in respect of monetary assets to be transferred to a foreign bank. Upon in-depth analysis of information on income and fulfilled tax obligations, ALRUD specialists prepared the required form and a cover letter for the bank.
Prepared objections to a tax audit report, collected necessary supporting documents, and took part in processing the tax authority’s findings. As a result, ALRUD managed to significantly lower the initial heavy fine amount.
Analyzed the foreign assets (monetary funds, rights to demand under the loans granted to the Russian companies and individuals) holding structure carried out through an offshore company, assessed tax risks of transferring the assets into direct ownership of the beneficiary – a Russian tax resident. Developed options of liquidation of the offshore company, drafted a memorandum describing restructuring options, tax and currency control risks and provided recommendations for mitigation of these risks (including issues related to CFC rules, personal income tax, benefit from saving on interest, thin capitalization rules, etc.).
Advised a client on planning investments in foreign insurance products. ALRUD specialists performed an in-depth analysis of insurance programs from the tax legislation viewpoint and provided recommendations that were used by the client.
Prepared an opinion letter with respect to the inheritance of assets owned by the deceased, by his surviving wife and three minor children. The Deceased was not registered at the address of any real estate located in Russia and neither the deceased, nor his family, had Russian citizenship nor resided in Russia for significant parts of the year, and none of them were / are tax residents in Russia. The assets of the deceased were located in several countries with real estate in Germany, Russia and the United Kingdom.
- Advised a Client on the new amendments to the Russian Federation Tax Code and the opportunity to transfer the non-cash assets of the liquidated CFC to the controlling person without tax consequences for the later. The client, Russian tax resident, was the beneficiary of the foreign entity, registered in the Republic of Panama, holding the investment portfolio in Swiss Bank. Provided the Client with the analysis of the foreign entity restructuring opportunities under the new provisions of Russian Law.
- Analyzed the current ownership structure of the Russian business holding through the foreign companies and assessed the tax risks arising within the framework of this structure. Prepared a written advise for the Client describing the respective tax risks and tax consequences, and also proposed options for reorganizing the structure in order to transfer the Russian business to the personal ownership of the ultimate beneficiaries and to settle debts on interest loans granted by the bank in order to finance the business.
- Advised the client (tax and currency resident of Russia) on obligations, which arise in connection with opening and use of foreign bank accounts for investment purposes. Considering the specifics of the foreign bank, duly organized preparation and filing of the relevant reporting to the Russian tax authorities in compliance with the deadlines.
- Within the framework of a complex analysis advised the client on the issues related to the necessity to submit a notification on opening a foreign bank account, report on cash flows and respective tax liabilities. Taking into consideration placement of the investment portfolio on the foreign bank account and the substantial risks of administrative liability for violation of the currency control rules, ALRUD experts developed the optimal approach to the declaration of accounts and provision of tax returns in accordance with the established legal procedure.
- ALRUD team in cooperation with Swiss trust and family office company provided legal and tax support to a famous Russian musician. During the project the team jointly with the Swiss specialists developed a practical step-plan of the reorganization; analyzed in details the Russian tax consequences of the proposed changes for the Client; provided comments on new special regulation of the so-called “tax-free” liquidation of foreign companies; advised the best solutions on drafting specific documentation for the safe application of “tax-free” liquidation procedures, prepared relevant notifications in a course of the CFC legislation, determined the new structure from the estate planning perspective.
- Prepared the memorandum for the married client being the resident of the United Kingdom owing the real estate all over the world and willing to structure his estate, including by establishing trusts. The memorandum concerns the impact of Russian law on the inheritance of real estate located in Russia, discretionary trust structures established outside Russia holding real estate outside of Russia and relevant tax issues.
- Acted as a joint expert under Russian law appointed by the High Court of Justice (Family Division, UK) on complex issues of international private law with special focus on matrimonial and property law in dispute between former spouses with Russian citizenship.
- Analyzed the information and the documents on the establishment of a foreign structure in terms of its application to the CFC rules, including the analysis of the potential tax risks for the subscribers - tax residents of the Russian Federation, involved in this structure. Prepared the conclusion, as well as a number of comments and recommendations on the compliance with the CFC rules.
- Represented the client (the purchaser) in the transaction in Spain with respect to purchase of the land plot in Ibiza for construction purposes. ALRUD coordinated the team of Spanish lawyers at Cuatrecasas, Gonçalves Pereira, Russian and Spanish architects with respect to transactional and regulatory parts of the matter.
- Together with the French notary and the French law firm participated in the creation of the company for tenure, assisted in the obtaining of a loan for the purchase of apartments in France and in the acquisition of the apartments and structured a deal for tax and estate planning purposes.
- Conducted a multidimensional analysis of the client companies’ structure to determine the most effective option of restructuring and compliance with the CFC rules. Prepared a consultation with a detailed description of the restructuring procedures, including the steps of a tax-free liquidation of foreign elements.
- Accompanied the clients with the planning of international possibilities for family, in particular in Malta, taking into account the priorities of family members and business needs. Agreed the requirements on the necessary documents and forms, participated in their preparation, validation and provision. Provided administrative support to the family at different stages of the project.
- Assisted the heirs of the deceased citizen of Belorussia and the resident of Switzerland at the moment of the death in receiving the estate (cash assets in the accounts in the Russian bank). The estate was regulated by the laws of the Switzerland.
- Drafted wills for the members of the client’s family who have the Russian citizenships and residence in the United Kingdom, in respect of the Russian assets of the family. The wills were certified in the Russian Consulate in the United Kingdom.
- Analyzed the options for the assets structure, owned by Russian wealthy individual, from the point of view of the tax optimization and restrictions for possession the foreign property for the persons holding particular positions in the management bodies.
- Drafted pre-nuptial agreement for the future spouses having the intention to register the marriage. The agreement provides the separate regime of property and obligations. Also ALRUD prepared the comments on the main issues of conclusion, amendment and termination of the nuptial agreement, possible risks of disputing the agreement, obligations of the spouses (including in favour of the third parties) as well as to the alimony obligations of one of the future spouses.
- A client - a citizen and a resident of the Russian Federation with respect to matters arising during the receiving of the inheritance property, located in the UK.
- Concerning the documents representing the right for residence in different EU states. The analysis was done with respect to the necessity for submitting notifications to the Russian migration service regarding the second citizenship or the right of permanent residence in the foreign state.
- Private client, Russian citizen on acquisition of the villa in Greece situated in conservation area, provided full support of the deal. The advising was fulfilled jointly with Greek lawyers.
- Russian businessman on establishing a permanent source of income subject to the applicable requirements of the currency control legislation of the Russian Federation, provide legal support to the client’s investment projects on an ongoing basis.
- Private client on the practicable methods of assets’ ownership subject to the requirements of the Russian currency control legislation, ensuring assets protection and solving issues regarding continuity of succession.
- Foreign citizen, a tax resident of the Russian Federation, on the restructuring of the assets owned by him, providing the base for determination of individual income tax.
- On development of particular recommendations for providing additional protection for existed trust deed. Recommendations included trust transfer to another jurisdiction and conversion from revocable to irrevocable. The project was executed jointly with lawyers from Cyprus and Jersey.
- Wealthy Russian businessman in acquisition of a motor yacht in Italy.
- On declaring in a judicial proceeding the rights of the heir, the citizen and the resident of the United States, to the inheritance property situated in the Russian Federation. Registered the ownership of the inheritance property.
- A client on possible tax, currency risks and consequences of the transfer of assets in direct holding because of the winding-up of a foreign structure. Prepared recommendations regarding restructuring of the holding and possible means to reduce risks taking into account the necessity of disposition of cash assets kept on accounts abroad.
- A Russian citizen on a will. Prepared comments to the will executed by Swiss law regarding the law applicable to the succession, the formal requirements of making a will, and the contents of the will.
- A foreign bank on the influence of the latest changes in the Russian tax legislation regarding controlled Russian companies as well as the entry-into-force new requirements of the exchange control, on the activity of the bank, connected with Russian tax and exchange residents.
- A Russian tax resident carrying out the management of a foreign trade holding company. Analyzed the risks of acceptance of the holding managed from the Russian Federation by the tax resident as well as personal risks of an individual carrying out the actual management from the Russian Federation. Assessed the applicability of the Federal Law "On the voluntary declaration of assets by individuals and accounts (deposits) at banks and on amendments to certain legislative acts of the Russian Federation"; developed an action plan and worked out personal holding mechanism for individuals.
- A major real estate development holding company during the restructuring connected with the adoption of the law on "deoffshorization". Prepared a comprehensive conclusion, assessed possible tax risks, implications and additional obligations of shareholders. In addition to this, the conclusion included the analysis of the activity of the holding as well as recommendations on restructuring and reduction of tax risks.
- Private client in sale of a private jet, securing the client’s interests and fulfilling the client’s requests.
- On drafting a Memorandum on the restructuring of assets ownership (investment portfolio), dissolution of the Trust and transfer of assets from the nominee to the ultimate beneficial owner considering the provisions of the Law on voluntary declaration of assets and bank accounts, as well as recent changes in Russian Tax Code.
- Wealthy Russian businessman in implementation and management of an investment project (hotel in Turkey).
- A client regarding the necessity of including the inheritance matters of bank accounts, opened outside the Russian Federation, into the will.
- Russian high net worth businessman in a project regarding contemplated purchase of a yacht; advised on ownership structure options, provided lawyers and administrators with necessary information and documents.
- A foreign bank in relation to the latest changes in tax legislation regarding controlled foreign companies, currency regulation and control. Prepared the array of documents, which may be requested by the bank to confirm the Russian tax compliance by clients - foreign exchange and tax residents of the Russian Federation.
- Foreign citizen (Russian tax resident) on feasibility of receiving a payment from a foreign based Trust and on submitting documents confirming such income to the Russian tax authorities.
- On the terms and conditions of divorce between Russian citizen and his wife without Russian citizenship, distribution of the common estate, inheritance issues. In particular the consultation included the following issues: applicable legislation, determination of the state, which agencies has the rights to examine the case, the terms of divorse/distribution of the common estate/inheritance issues in accordance with the Russian legislation, marriage contract validity issues, marriage contract impact on inter parties property relations.