Dmitry Kirillov

Senior Associate, Advocate

Dmitry is an experienced lawyer with over 20 years of legal and tax practice. Over his career he has served a multitude of large international clients in various industry-specific legal, tax, administrative and regulatory matters, inter alia in oil and gas, air transportation, software, energy, heavy machinery, construction and development, financial markets, food and confectionary products, and many others.

Dmitry has represented clients at all stages of tax audits, challenging the results of tax audits in pre-litigation and litigation procedures, as well as in the course of criminal investigation procedures related to tax disputes. He has also advised clients on various tax and legal matters, including civil law, corporate law, labor law, personal data protection, etc. He has also assisted foreign businesses launching their projects in Russia on structuring matters, and participated in legal due diligence for share deals.

Track Record

Some of the recent projects in which Dmitry has been involved in include1:

  • Represented an international manufacturer of construction and finishing materials in a tax dispute resulting in profits tax relief and immunity from collection of fines and interest totaling to over 400 thousand USD, involving complex cross-border IP matters and application of foreign legislation and the double tax treaty
  • Represented one of the worldwide leading software companies in a tax dispute on transfer of intellectual property rights resulting in immunity from VAT and profit tax valued in total about 6 million USD, as well as 400 thousand USD of fines
  • Represented a major software company in a tax dispute at the pre-litigation stage resulting in profits tax and VAT relief, as well as immunity from collection of fines and interest totaling to over 600 thousand USD
  • Represented an international law firm in a tax dispute at the pre-litigation stage resulting in profits tax and VAT relief, as well as immunity from collection of fines and interest totaling to over 11 million USD
  • Represented a major international manufacturer of confectionary products in a criminal case related to the tax dispute
  • Represented a major European cosmetics manufacturer in a tax dispute valued at 1.5 million USD on the profits tax matter under the double tax treaty
  • Represented a major international French air carrier in a tax dispute resulting in VAT and profits tax under the double tax treaty, as well as immunity from collection of fines and interest totaling to over 1,1 million USD, including consideration of the cases in the Supreme Arbitration Court of Russia
  • Represented a major international Dutch air carrier in a tax dispute resulting in VAT and profits tax under the double tax treaty, as well as immunity from collection of fines and interest totaling to over 1,3 million USD, including consideration of the cases in the Supreme Arbitration Court of Russia
  • Assisted one of the largest international oil and gas production companies with the successful resolution of the series of tax disputes resulting in withholding tax refund amounted to over 5 million USD, involving complex matters of thin capitalization and application of the double tax treaty
  • Represented a major international oil company in successful tax litigation resulting in immunity from VAT, interest and fines valued total to over 350 thousand USD, as well as determination of the tax status of the Russian subsidiary of the company that resulted in substantial tax savings in the future operations
  • Represented a major multinational tobacco company in a tax dispute that amounted to over 8 million USD
  • Represented a contractor under the Production Sharing Agreement and a number of his sub-contractors in a successful and precedent PSA-related VAT exemption disputes (first known experience of tax litigation under the PSA at Sakhalin)
  • Successfully represented a major multinational oil-producing company in numerous precedent tax disputes on the matter of reimbursement from the state budget of the VAT totaling to about 15 million USD, including consideration of the case in the Supreme Arbitration Court of Russia
  • Represented an international heavy machinery production company in a successful tax dispute that resulted in immunity from VAT collection valued over 1.3 million USD and 380 thousand USD of fines
  • Represented a major international oil producer in successful tax litigation resulting in immunity from profits tax valued total with interest about 4 million USD
  • Represented a subsidiary of the large international service company involved into the Sakhalin-2 PSA in the successful tax dispute on reimbursement of the VAT totaling to over 2.3 million USD, including consideration of the case in the Supreme Arbitration Court of Russia
  • Assisted an international manufacturer of the power generation and transmission equipment with the successful resolution of the tax dispute resulting in profits tax and VAT relief, as well as immunity from collection of fines and interest totaling to over 560 thousand USD
  • Represented a Russian sports association in a tax dispute at the pre-litigation stage resulting in profits tax and VAT relief, as well as immunity from collection of fines and interest totaling to over 700 thousand USD
  • Assisted an international manufacturer of the woodworking equipment with the successful resolution of the tax dispute resulting in profits tax and VAT relief, immunity from collection of fines and interest totaling to over 1.7 million USD, as well as avoidance of initiation of the criminal case in under this dispute
  • Represented a major Russian software developer in the successful resolution of the tax dispute at the pre-litigation stage resulting VAT relief, as well as immunity from collection of fines and interest totaling to over 1 million USD.
  • Represented a major multinational cosmetics manufacturer in its successful claim for infringement of trademark rights through "cyber squatting" – registering its domain name by the infringer for a speculative resale
  • Assisted a Turkish construction company in a successful resolution in the International Commercial Arbitration Court under the Chamber of Commerce and Industry of Russia of the commercial dispute with the Russian food processing enterprise valued at over 89 million USD
  • Represented a Cyprus trade company in a successful resolution in the International Commercial Arbitration Court under the Chamber of Commerce and Industry of Russia of the commercial dispute with the Russian manufacturing enterprise valued at over 2 million USD
  • Represented an international consulting firm in a successful resolution of the dispute on collection of losses due to allegedly incorrect appraisal of shares
  • Represented a major international manufacturer of construction chemicals in a successful resolution of the labor dispute resulting in the prevention of the unlawful collecting of a significant compensation to the former employee, as well as reinstatement of his employment
  • Represented an international audit firm in a successful resolution of the dispute on finding the audit report as knowingly false
  • Provided advice and support of the mediation process – pre-litigation settlement of the commercial dispute between major European baby nutrition products manufacturer and its Russian distributor
  • Successfully represented a former general director of the subsidiary of the major Russian media holdings in a successful resolution of the corporate dispute on collection of losses amounted to ca. 350 thousand USD allegedly incurred by the director, where the claim was rejected by the court in full
  • Represented an investment company in the successful resolution of the dispute on finding the transaction amounted to ca. 7,5 million USD null and void within the bankruptcy procedure of the major Russian bank.
  • Advised a major Japanese cosmetics manufacturer on the matter of criminal law consequences on violation of antimonopoly legislation in case of lease of immovable property
  • Provided advice and restructuring support in respect of the Russian business for one of the leading European publishing houses in the light of amended legislation on mass media
  • Provided advice and procedural support of the large US oil and gas service company on migration matters related to entry of foreign personnel into Russia
  • Legal due diligence for the international brewing company in the course of sale and purchase of assets in Russia
  • Tax due diligence of the Russian group of companies operating in cinema creation support area
  • Elaborated the regulatory framework for accreditation of domain name registrars in the Russian segment of Internet
  • Participated in the work group of Agency of Strategic Initiatives under the Russian Government for elaboration of the road map of the Russian Government concerning modernization of the tax administration
  • Participated in the work group of Agency of Strategic Initiatives under the Russian Government for elaboration of the road map of the Russian Government concerning improvement of quality of the regulatory environment for business.
  • Participated in the work group for elaboration of the draft amendments to the Tax Code of Russia
  • Participated in the preparation of comments and participation in the hearing of the Plenum of the Supreme Arbitration Court of Russia concerning elaboration of the Resolution of the Plenum of the Supreme Arbitration Court of Russia on application of the Part I of the Tax Code of Russia
  • Participated in the work group on amendment of the set of draft laws concerning regulation of digital financial assets for the second reading in the Russian Parliament.

Including projects prior to joining BCLP.