#3 - JRL 2007-135 - JRL Home
Moscow Times
June 15, 2007
Hermitage Comes Under Fire in Tax Probe
By Miriam Elder
Staff Writer
Moscow police said Thursday that they were investigating whether a
Cyprus-registered firm they say has links to Hermitage Capital, one of Russia's
largest foreign investment funds, underpaid millions of dollars in taxes.
The probe raises concerns about the investment climate just days after
President Vladimir Putin blessed the signing of billions of dollars in deals at
an economic forum in St. Petersburg. Some analysts warned that the authorities
might be seeking to revoke a double-taxation treaty with Cyprus that benefits
many firms working in Russia.
But the investigation could also be the latest step in a drive against
Hermitage CEO William Browder, a well-known campaigner for shareholder rights in
Russia who has been barred from the country since November 2005 for purportedly
posing a threat to national security.
The Moscow police tax department is investigating whether Kameya, a
Cyprus-registered company, failed to pay 1.15 billion rubles ($44 million) by
illegally applying a tax scheme stipulated in a double-taxation treaty between
Cyprus and Russia, police spokesman Vladimir Korobkov said.
An official at Hermitage, who spoke on condition of anonymity, said the fund
had acted as an adviser to Kameya on investing in Russia and that it was
"completely independent" of the company.
Police insisted that Hermitage owned the firm. "They especially opened a
Cyprus firm to avoid paying taxes," Korobkov said. The investigation was
focusing on a May 2006 dividend payment, he added.
Under the double-taxation treaty with Cyprus, investors who put more than
$100,000 into Russia can pay a reduced rate of 5 percent withholding tax rate on
dividends, rather than the usual 15 percent.
Cyprus remains one of the top foreign investors in Russia, thanks to the many
firms doing business in Russia that benefit from tax breaks in registering on
the island.
"For the Interior Ministry to leapfrog the whole process [over the Federal
Tax Service] raises the question of whether this is a tax issue at all," an
individual close to the matter said.
Browder last applied for a Russian visa in February and has yet to receive a
reply, the Hermitage official said.
"It's completely within the law that we're the ones leading this," Korobkov
said. "It's a banal procedure. There is absolutely nothing political here."
He declined to comment on the Cyprus-Russia tax treaty and whether other
firms would be investigated.
The investigation had "just started," Korobkov said, and any documents will
be passed to a Moscow court after the inquiry is completed. The Hermitage
official said the fund had been informed of the probe last week when Interior
Ministry officials visited its Moscow offices with a copy of the investigation
summons.
The Hermitage official denied any wrongdoing by the fund or its client.
"The basis for this investigation contradicts Russian law and makes no
sense," the official said.
The official also denied speculation by Kommersant on Thursday that said the
investigation might have been prompted by the fund's use of so-called "gray
schemes" to snatch up Gazprom shares.
Until January 2006, only Russian investors could buy shares in Gazprom,
prompting many firms and funds to register in Cyprus to benefit from tax breaks
while opening Russian subsidiaries to buy stock in the company.
"We've seen the documents and all they point to is the May 2006 dividend
payment that was approved by the tax authorities," the Hermitage official said.
"There are no indications it has anything to do with Gazprom."
Browder's banning from Russia in November 2005, after nearly a decade of
activity in the country, sent shock waves through the investor community. Many
observers at the time suspected he was singled out over his attempts to fight
for minority shareholder rights within companies such as Gazprom and
closely-held Surgutneftegaz.
"He was the pioneering investor into Russia," said Roland Nash, head of
research at Renaissance Capital. "He invested a lot of money at a difficult time
when the rules weren't particularly clear."
"[Hermitage was] enormously successful and whatever you think about his
methods he was extremely well respected in the investment community," Nash said.
Hermitage has been steadily decreasing its presence in Russia. In March it
opened a new fund to focus on emerging markets in Latin America, Asia and the
Middle East. The fund currently manages $3.2 billion, representing some 6,000
investors. It declines to specify what percentage is devoted to Russia.
Prosperity Capital management, another Russia-focused fund, manages $4.5
billion.
"It's quite obvious in this situation that he's being singled out," said Hawk
Sunshine, head of equities at Metropol, referring to Browder.
Yet he also warned of the effects of any investigation that centered on the
Cyprus-Russia tax treaty.
"[The investigation] could set a precedent that calls the treaty into
question," he said. "The dual tax treaty is a cornerstone of tax planning in
Russia."
"There would be disastrous collateral damage, similar to the Yukos tax case,"
Sunshine warned.
Critics say the Federal Tax Service's campaign against Yukos and CEO Mikhail
Khodorkovsky signaled a reassertion of state power over the country's energy
sector and served as a warning to businessmen to stay out of politics.
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