New territories will become a free economic zone until 2050

The government approved and sent to the State Duma a package of bills on the creation of a free economic zone on the territory of the DPR, LPR, Zaporozhye and Kherson regions. There will be favorable conditions for investors there from January 1, 2024 to December 31, 2050. Additional expenditures from the federal budget will definitely be required, but to what extent – now “it is not possible to estimate,” the financial and economic justification says.

Opening a government meeting on March 24, Prime Minister Mikhail Mishustin said that tax and other preferences for participants in such a free economic zone “will help attract private investment in the creation of new industries and upgrade infrastructure, give new impetus to the construction industry and, of course, ensure growth in agriculture, which can become one of the main drivers for the development of new regions.” A package of three bills, which will soon be considered by the State Duma, is designed to concretize these promises.

It is worth remembering that in Russia there are already several dozen so-called. special economic zones (SEZ), with a certain set of tax, customs and other benefits and preferences. Usually they are created in a part of a region or in a specific locality by government decisions. There are industrial and production special economic zones (in Tatarstan, Lipetsk, Kaluga and Tula regions, for example), port, technical innovation (there are similar ones in Moscow, the Moscow region, St. Petersburg) and tourist and recreational (like those that work on the territory of the Altai Territory or Tver region). The degree of effectiveness of the zones is different: some are successful or even very successful, and there are those that work mainly on paper.

Two special economic zones in the country appeared on the basis of special federal laws – in the Magadan and Kaliningrad regions. But there is only one free economic zone (FEZ) in Russia so far – on the territory of Crimea. Now, that means there will be two: from the text of the basic bill (available to MK) it follows that a special economic regime will begin to operate on the territory of the DPR, LPR, Zaporozhye and Kherson regions and in the coastal waters adjacent to them. The purpose of creating the zone is defined as follows: “ensuring sustainable socio-economic development, attracting investments, developing existing and creating new industries, developing transport and other infrastructures, the construction industry, tourism, healthcare, agriculture and the sanatorium-resort sector, as well as increasing the level and quality of life of citizens.

Considering that Russian troops do not fully control the territory of these regions, active hostilities are taking place there, there is a lot of destruction and a martial law regime has been introduced, the situation in which potential investors will have to work can be called, to put it mildly, extraordinary.

The government will determine which department will oversee and control the work of the zone, the bill says (it is already clear that this is the Ministry of Construction), and all operational issues will be entrusted to the management company – the Territorial Development Fund.

This company will not have to be created: the fund has been operating in Russia for several years and is engaged in the integrated development of territories, that is, the resettlement of citizens from emergency housing, the modernization of communal infrastructure, the solution of problems of equity holders and other related issues. Investment projects, with which it will be possible to try to get into the register of FEZ participants, will also primarily be associated with the “development of territories, including cities and other settlements.” Moreover, the main thing is to build an object, “subsequent operation is not a prerequisite.” Other people and organizations can already operate and bear the costs of maintaining the built one …

The expected duration of the SEZ regime is until December 31, 2050, but it can be extended. However, the zone of power has the right to close ahead of schedule, the bill says, “if this is due to the need to protect the life and health of people, protect nature and cultural values, ensure the defense of the country and the security of the state.” Any activity will be allowed to be engaged in the territory of the zone – except for that which, by decision of the government, is prohibited there. If investors work in other regions of the country, the benefits granted to them “in the zone” will not work outside it.

By the way, in order to get into the register of a zone participant, a company must be registered on the territory of the DPR, LPR, Zaporozhye or Kherson regions – or have branches there. You can conclude a work contract after receiving a positive opinion on the investment project submitted to the Territorial Development Fund. The general conditions are as follows: during the first three years, small and medium-sized businesses are required to invest at least 3 million rubles in the implementation of the project, and all others – at least 30 million rubles. If we are talking about investments in computer technology or information services, 1 million rubles for three years is enough. And you will also need to provide a schedule for creating new jobs.

The government provided for the possibility of terminating the investment agreement after the start of its implementation, not only by agreement of the parties, but also at the initiative of the management company – if violations are suddenly found on the part of the contractor. In this case, he will have to pay a fine.

The all-Russian rules of urban planning and land regulation will practically not work when placing various kinds of objects in the new free economic zone, investors will be able to receive subsidies for reimbursement of the rate on loans attracted for the implementation of projects, goods that are needed for the implementation of projects will be allowed to move across borders in a free regime. customs zone, that is, sometimes without import duties at all. Land plots for construction, which are owned by regions or municipalities, will be provided free of charge or leased without bidding for the entire life of the zone. And it was instructed to issue permits for the construction and commissioning of the constructed facilities to the highest executive bodies of the DPR, LPR, Zaporozhye and Kherson regions.

As for tax incentives (they are spelled out in another draft law), firstly, exemption from paying the federal part of income tax for 10 years is promised, the issue of exemption from paying the regional part of income tax and property tax is left to the discretion of the authorities of the regions themselves. (The usual income tax rate until 2030 is set at 20%, of which 3% goes to the federal budget, the rest goes to regional budgets.) In addition, you can count on a three-year exemption from paying land tax and reduced rates of insurance premiums ( 7.6% instead of the usual 30%). These tax incentives, according to the government, will allow, among other things, “to reduce the outflow of labor and capital from the territories.” Whether it is possible to count on a serious decrease in the outflow before the end of hostilities is an interesting question.

The financial and economic justification for the draft law on the creation of a new free economic zone does not contain a single figure. The document acknowledges that the implementation of the initiative “will require expenses covered by the funds of the budgets of the budgetary system of the Russian Federation.” But since it is “impossible” to “estimate at present the number of persons who will acquire the status of a SEZ participant”, it is also “impossible” to give a “concrete assessment” of the impact of the tax benefits provided on the federal, regional and municipal budgets.