Compliance
Navigating Russia’s New Leniency in Tax Violations: Compliance & Risk Mitigation
Russia’s sharpened law on mitigating tax penalties brings both clearer rules and opportunities for compliant taxpayers—understanding how to qualify matters.
By NomadicTax Research Team • 5-8 min read • September 7, 2026
## Overview of the Reform
Starting from **1 September 2026**, Federal Law No. 425-ФЗ implements changes in **Article 114, Tax Code of the Russian Federation**, to provide more transparent and predictable mitigations for tax violations. Penalties may now be reduced between *2× to 10×*, depending on set mitigating circumstances. ([nalog.gov.ru](https://www.nalog.gov.ru/rn22/news/activities_fts/16643994/?utm_source=openai))
---
## Recognised Mitigating Circumstances
These are the key situations that may allow reduced penalties:
- Minor delays in document submission (up to 10 working days for specialized declarations, 3 working days for requirement-based documents)
- Failure to provide no more than 10% of requested documents
- Errors in tax base calculation if they do not exceed 10% of the tax due or 5 million rubles, absent any intent to defraud
- Unclear legislative norms or contradictory judicial practice on the issue
- Voluntary correction: declaring errors before the tax authority detects them, including submitting amended declarations
- Full repayment of shortfall and penalties before final inspection decision
- Financial distress or significant hardships, active charitable or socially significant activity, clean compliance record over past 12 months ([nalog.gov.ru](https://www.nalog.gov.ru/rn22/news/activities_fts/16643994/?utm_source=openai))
---
## How It Impacts Compliance Strategy
### Step 1: Review Internal Controls
Ensure your accounting and compliance functions catch issues early. Mistakes under the thresholds above can now trigger leniency.
### Step 2: Proactive Declarations
If your books reveal a minor but qualifying discrepancy, amend the declaration **before** it is discovered by the tax authority. Eligibility for mitigation requires voluntary self-correction.
### Step 3: Document Everything
To use these mitigations, you’ll need clear evidence. Keep records such as:
- Emails or memos showing early detection of error
- Proof of payment of taxes and penalties
- Bank statements in cases of hardship,
- Statements describing legislative ambiguity or conflicting court decisions
### Step 4: Plan for Communication with Authorities
If you plan to use these mitigations:
- State reasons clearly in filings or responses: e.g. ‘неверное толкование законодательства” or “добровольное устранение’
- Submit all required evidence along with corrected declarations or replies
---
## Example Scenario
**Example:** A midsize manufacturing firm miscalculated VAT deductions by 8%, totaling under 5 million rubles, due to ambiguous legislation. Upon discovery in Q2 before any audit, they submit an amended declaration and full payment; also provide internal memo showing legislative confusion. They may receive a fine reduced up to **10×**.
**Another Example:** An individual entrepreneur submits a required declaration 5 days late due to staffing issues—falls under the “до 10 рабочих дней” category. Acceptable for mitigation if no prior offenses.
---
## Risks & Considerations
- Mitigation only possible **if documentation exists and action is timely**. Ethics and transparency matter.
- Not all violations qualify—serious fraud, intentional under-reporting, concealment or evasive activity remain fully penalized.
- Minor errors still can trigger audits; mitigation helps, but prevention is best.
---
## Actionable Compliance Checklist
| Action | Responsibility | Deadline |
|---|---|---|
| Conduct internal review of recent declarations for minor discrepancies | CFO / internal auditor | Before end of current month |
| If discovered, prepare amended declarations proactively | Tax / legal team | Prior to formal audit or inquiry |
| Gather supporting documents: payments, communications, financials | Finance / HR | Ongoing |
| Counsel employees and managers on new rules to avoid intentional breaches | Management / HR | Immediately |
---
**Final Word:** The new leniency framework offers important relief for honest taxpayers. Combined with proactive compliance, strong internal controls, and transparency, businesses can turn risk into opportunity under Russia’s 2026 tax reforms.