Tax Messenger Tax Edition

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Tax Messenger Tax Edition
31 May 2021

                                                            Tax Messenger
                                                            Tax Edition

                                                  Development of EDM in Russia:
                                                  State Duma presented with bill on
                                                  conversion of paper documents to
                                                  electronic form

                                   The development of electronic document management under
International Tax Review           the “Digital economy of the Russian Federation” national
ranked EY Russia Tax & Law         programme is gradually gathering pace. On 17 May 2021, the
practice as a leading tax firm     State Duma was presented with a bill of amendments to Federal
(Tier 1) in Russia in its annual   Law No. 149-FZ “On Information, Information Technology and
World Tax guide for 2018.
                                   Information Protection” and a number of other legislative acts,
                                   setting out rules for converting electronic documents as well as
                                   for storing them and creating electronic and physical
                                   duplicates.
                                   The bill is intended to establish at a legislative level rules that
                                   would allow paper documents to be converted to electronic
                                   form while retaining their legal value and would allow
                                   documents to be stored in electronic form without the need for
                                   paper copies to be kept for long periods, which in the long term
                                   should greatly reduce costs incurred by businesses and the
                                   state for those purposes.
Tax Messenger Tax Edition
Main changes                                         The bill also makes amendments to a number of
                                                     federal laws that are necessary for the
The bill proposes introducing in Federal Law No.
                                                     implementation of the above amendments to
149-FZ a definition of the concept of
                                                     Federal Law No. 149-FZ. This includes, in
“conversion” of an electronic document,
                                                     particular, making direct references in certain
meaning a process by which an electronic
                                                     laws to entities that may carry on activities
document undergoes a change of format while
                                                     involving the conversion, storage and creation of
retaining its structure and content. The bill also
                                                     duplicates of electronic documents without
defines the conditions governing the
                                                     obtaining a licence.
equivalence of a converted electronic document
to an original electronic document signed with       What next?
an electronic signature.
                                                     If the bill is passed, the amendments would
Under the bill, requirements relating to the
                                                     enter into force 180 days after their publication.
process of converting electronic documents
                                                     At the moment, however, this is a long way off.
would be established by the Russian
                                                     The bill has so far only been recommended for
government. The requirements for entities
                                                     consideration by the State Duma, but it has
whose activities are regulated by the Bank of
                                                     already attracted comments and criticisms from
Russia would be established in consultation with
                                                     the business world. Business representatives
the Bank of Russia.
                                                     have expressed concern, in particular, that the
In addition, the bill sets forth:                    bill does not take account of recommendations
                                                     from the business community and creates new
     rules for making electronic and physical
                                                     barriers to the introduction of EDM. The bill is
      duplicates of documents, including a list of
                                                     almost certain to undergo a number of changes
      exceptions, i.e., documents for which
                                                     and modifications.
      duplicates are not allowed to be made
      (these include, for example, identity          We will continue to monitor developments and
      documents or those containing state            keep you informed of any further changes in
      secrets)                                       Russian legislation concerning electronic
                                                     document management.
     the procedure and time periods for the
      retention of electronic documents and          Nonetheless, recent legislative trends clearly
      documents for which electronic duplicates      signal the government’s firm commitment to
      have been made or that have been               introducing electronic document management in
      converted                                      Russia as soon as possible. We therefore advise
                                                     companies to think sooner rather than later
     the conditions for the preservation of the
                                                     about converting their internal and external
      legal value of electronic documents during
                                                     documents into electronic form and would be
      their retention period
                                                     happy to offer you our assistance in this matter.
     requirements relating to entities that carry   This could include conducting an in-depth
      on activities involving the conversion,        analysis of the EDM transition process, advising
      storage and creation of duplicates of          on the use of different kinds of electronic
      electronic documents and the rules             signatures, preparing a roadmap for transition
      governing their activities                     to EDM, assisting in the configuration of internal
     the procedure for licensing activities         systems and advising on other related legal, tax,
      involving the conversion, storage and          accounting and technical matters.
      creation of duplicates of electronic           Authors:
      documents                                      Alexey Markov
                                                     Ivan Rodionov
                                                     Ksenia Tacheeva

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For more information, please contact the authors of this publication:

Alexey Markov                                           Ivan Rodionov
+7 (495) 641 2965                                       +7 (495) 755 9719
alexey.markov@ru.ey.com                                 Ivan.Rodionov@ru.ey.com

Ksenia Tacheeva
+7 (495) 755 9723
ksenia.tacheeva@ru.ey.com

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This publication contains information in summary form and is therefore intended for general guidance only. It is not intended to be a
substitute for detailed research or the exercise of professional judgment. Neither EYGM Limited nor any other member of the g lobal
Ernst & Young organization can accept any responsibility for loss occasioned to any person acting or refraining from action as a result of
any material in this publication. On any specific matter, reference should be made to the appropriate advisor.

© 2021 Ernst & Young Valuation and Advisory Services LLC
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Services LLC
ED None.

This publication contains information in summary form and is therefore
intended for general guidance only. It is not intended to be a substitute
for detailed research or the exercise of professional judgment. Neither
EYGM Limited nor any other member of the global EY organization can
accept any responsibility for loss occasioned to any person acting or
refraining from action as a result of any material in this publication. On
any specific matter, reference should be made to the appropriate advisor.

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