The Russian Ministry of Finance issued a Letter on 18 August 2010 (N 03-08-05/1) clarifying the interaction of the Russian thin capitalization rules with the income and capital tax treaty between Russia and Germany (the Treaty).
According to the Russian thin capitalization rules, "excessive interest" (as defined) is treated as:
| - | a non-deductible expense in the hands of the company/debtor; and | …