Also, if the total equity interest of foreign investors in a limited liability company exceeds 49%, the limited liability company may get the status of a small or medium-sized enterprise, provided that its foreign members meet the following criteria:
- income of such a foreign legal entity received from business for the previous calendar year does not exceed the amount equivalent to 2 billion rubles;
- average staff number of employees of the foreign legal entity for the previous calendar year is not more than 250 persons;
- the country of permanent location of the foreign member is not an offshore zone.
If the aggregate equity interest of the foreign investors and the Russian investors in the joint stock company or limited liability company DOES NOT exceed 49% (as well as in some other cases), no requirements are set for the foreign investor.
Also, for obtaining of a small or medium business status, the Russian enterprise shall meet the specified criteria (amount of revenue and number of employees).
Status of a small or medium-size enterprise shall be confirmed by making the respective entry on the Russian legal entity to the special Unified Register of Small and Medium Businesses maintained by the Federal Tax Service of Russia (FNS of Russia).
Inclusion into the specified Register or exclusion of the information on a Russian organization with a share of foreign investments in the authorized capital exceeding 49% from it shall be carried out on the basis of the list of such organizations meeting the requirements set, submitted to FNS of Russia. The list is provided:
- for joint stock companies (in terms of meeting the conditions for referring to SMEs by the structure of the authorized capital of the company) — by the Share Register keepers;
- for limited liability companies (in terms of meeting the SME criteria by the company member) — by the Russian audit organizations.
The list shall be submitted within the period from the 1st to the 5th day of each month. The data are entered in the register:
- from July 10 to December 10 of the current calendar year — on the basis of the data for the previous calendar year;
- from January 10 to June 10 of the current calendar year — on the basis of the data for the year preceding the previous one.
The List shall be prepared by the audit organizations based on the results of comparison of the data of the statements submitted to the foreign investors to the tax authority of their country, on the above conditions established for the foreign investors.
ICLC offers services related to inclusion of organizations with foreign investments in the Unified Register of Small and Medium Businesses:
- confirmation of conformity of a foreign legal entity being a member of a limited liability company to the criteria established by the legislation of the Russian Federation for obtaining of the small or medium business status;
- submission of information on the Russian organization with foreign investments to FNS of Russia, for the purpose of inclusion thereof to the Unified Register;
- oral and / or written consultations on this matter.
If your company meets the criteria for referring to the category of small and medium-sized enterprises, use the preferences provided for by the Russian legislation and receive the state support depending on the business area.
