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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

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)


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)

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

ActionResponsibilityDeadline
Conduct internal review of recent declarations for minor discrepanciesCFO / internal auditorBefore end of current month
If discovered, prepare amended declarations proactivelyTax / legal teamPrior to formal audit or inquiry
Gather supporting documents: payments, communications, financialsFinance / HROngoing
Counsel employees and managers on new rules to avoid intentional breachesManagement / HRImmediately

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.

Sources

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