In a letter of 28 November 2025, No. 11-1-04/0027@, the Federal Tax Service reminded taxpayers that, if net profit is distributed otherwise than in proportion to participation interests (including on the basis of a corporate agreement), the part of the profit paid above a participant's interest is not recognised as a dividend for tax purposes.
What this means in practice
• the 0% profits-tax relief for a corporate recipient (a participation of 50% or more) does not apply to the part of the profit paid above the participant's interest;
• sums paid above the interest are classified as non-operating income;
• tax is charged at the general rate;
• a corporate agreement does not save the dividend regime from being lost.
A disproportionate distribution of profit leads to a "split" in the tax regime: the proportionate part is taxed as dividends, and the excess over the interest is taxed at the general rate.
Before such terms are fixed in corporate agreements, the economics must be calculated in advance.
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