On 8 November 2012, the Ministry of Finance issued a letter No. 03-01-18/8-162 clarifying the tax treatment applicable to assets (works, services, or property rights) received free of charge in transactions between independent parties.
The Ministry of Finance clarified that assets received free of charge from an independent entity should be reported by the beneficiary at a value not lower than the residual value for depreciable assets and not lower than the costs for their acquisition/production.
In addition, the Ministry of Finance emphasized that if taxpayers artificially create conditions for qualifying those transactions as not being controlled, or abuse the prices in a way that results in an unjustified tax benefit, the tax authorities may conclude that the parties are actually related and treat the transaction as controlled for transfer pricing purposes.
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