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Photo, Arseny Seidov

Arseny Seidov

Partner
Moscow Branch of Baker & McKenzie CIS, Limited

Biography

Arseny Seidov is a partner in the Tax Practice Group of Baker McKenzie's Moscow office. Prior to joining Baker McKenzie in 2003, he worked at a Russian audit firm, a major Swiss bank and the Moscow office of a major US law firm. Arseny has been consistently recommended by Chambers Global, Chambers Europe and International Tax Review among leading tax lawyers in Russia.

Arseny heads the Working Group on Taxation of E-commerce at the Association of European Businesses, the Working Group on Taxation of Digital Economy at the American Chamber of Commerce and co-chairs the tax subgroup of the Innovation Working Group of the US-Russia Bilateral Presidential Commission. He also acts as Russia representative of Baker McKenzie's Digital Economy Group headquartered in Silicon Valley.

Arseny is a frequent speaker at leading tax and IT-related conferences in Russia and abroad. Since 2007, he has been a visiting professor of international tax law at the Moscow State University for International Relations. He has authored over 40 publications.

Practice Focus

Arseny has extensive experience in general tax planning and restructuring. He provides full-scope direct tax and VAT advice and tax advice on IP-related matters, M&A deals and corporate reorganizations. He also advises on transfer pricing and customs valuation issues and handles tax litigation.

Arseny focuses on developing tax-efficient structures for doing business in Russia. His tax expertise captures various industries, ranging from digital economy, e-commerce, cloud computing and gaming, as his core industry areas, to FMCG, healthcare, mass media and entertainment.

Representative Legal Matters

  • Developed customized structures for a large number of nonresident companies aimed at tax-efficient compliance with 2019 Russian VAT regime on B2B ESS and at minimum disruption of ongoing business operations.

  • Advised a broad range of multinational companies on Russian tax issues in M&A deals, negotiation of tax-related provisions in SPAs, organization of pre-acquisition tax due diligences of Russian target companies in various industries.

  • Advised clients on software licensing matters and SaaS, Paas and IaaS models, on newly established VAT regime on taxation of electronically supplied services, and ringfencing of sales activities in connection with long-term, server-based permanent establishment exposure.

  • Advised several international and domestic developers of MMO games on restructuring their operations in Russia and the CIS; substance-based outbound IP migration and EULA adaptation with optimal VAT treatment, subject to newly-introduced rules on beneficial ownership, tax residency rules based on place of effective management and CFC legislation; provided tax advice aimed at improvement of games monetization through payment terminals, e-wallets / e-money, scratch cards, etc., with simultaneous compliance with statutory requirements on individual payer identification and personal data localization.

  • Advised major mass media companies on domestic and cross-border tax restructuring of their Russian operations in connection with legislative changes restricting foreign ownership in local media companies and on structuring their domestic transactions, including with advertising agencies and local television companies with respect to placement of advertising on paid TV channels.

  • Advised a major medical technology company on a complex and multijurisdictional tax structuring of a joint venture for onshore manufacturing and distribution of medical devices produced using world-class technology and used in sophisticated surgical procedures.

  • Advised NovaWind, the division of State Atomic Energy Corporation Rosatom responsible for Russia’s renewable energy program, on its joint venture with Dutch wind turbine manufacturer Lagerwey.

  • Advised several major offshore contractors in the global oil and gas industry on various Russian tax and customs law matters related to the design, transportation and installation of deep-water facilities on the Russian continental shelf.

  • Advised clients on establishing manufacturing operations (including toll and contract manufacturing) through tax-efficient structures, subject to regional and local tax exemptions and benefits under investment agreements and/or special tax regimes.

  • Advised Brown-Forman Corporation on a complex project for the distribution of Brown-Forman's portfolio of beverage brands in the Russian market through Coca-Cola Hellenic Bottling Company Eurasia, subject to various tax, customs, and regulatory restrictions.


Professional Associations and Memberships

  • American Chamber of Commerce - Head of Working Group on Taxation of Digital Economy 
  • Association of European Businesses - Head of Working Group on Taxation of E-Commerce
  • US-Russia Bilateral Presidential Commission - Innovation Working Group - Co-Chair of Tax Subgroup
  • International Fiscal Association - Russia branch

Admissions

  • Russia (2001)

Education

  • London Business School (MBA Global Executive Program) (2013)
  • Columbia Business School (MBA Global Executive Program) (2013)
  • New York University School of Law (LLM International Taxation) (2007)
  • Diplomatic Academy of the Ministry of Foreign Affairs of Russia (PhD International Law) (2004)
  • Moscow State Institute of International Relations (MGIMO University) (Specialization Degree Financial Law) (2002)
  • Moscow State Institute of International Relations (MGIMO University) (LLB) (2001)

Languages

  • English
  • German
  • Russian

Publications

Author, "Russia Expands Extraterritorial VAT Regime on ESS to B2B Transactions: Measuring the Impact on E-Commerce World and Intragroup Arrangements," Tax Management International Journal, Bloomberg Tax, 2019

Author, "Russia Reshapes the VAT Landscape for Electronically Supplied Services: Impact of New Rules on Foreign Businesses in B2B and B2C Markets," Tax Management International Journal, Bloomberg BNA, 2016

Author, “Structuring E-Commerce and Cloud Computing Businesses in Russia: Opportunities and Hazards,” Tax Notes Int’l, November 2014

Author, “Challenges and Opportunities Facing B2B E-Commerce in Russia,” The Moscow Times, November 2012

Author, “Challenges for Business Under New Transfer Pricing Rules,” The Moscow Times, October 2011

Author, “Russia Adopts New Transfer Pricing Rules Effective 2012,” BNA Transfer Pricing International Journal, August 2011