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Cross-Border Interest Rate Swaps and Their Treatment for Regulatory and Tax Purposes

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Financial derivatives are complex products of financial engineering. The interest rate swap is a very good example of widely used and very intricate two-way payments financial derivative. Interest rate swaps as other financial innovations posed a number of issues for legal systems and regulations. Among other problems there are problems of substance over form approach, the problem of classification for regulatory purposes, the issues of the replication of traditional financial instruments’ economics. The Application of regulations to interest rate swaps and other financial derivatives require the nature and context understanding of the transactions. It seems that separate transaction method is a prevailing approach to financial innovations. It implies that derivatives should be treated separately from underlying assets and obligations and should not be bifurcated to their economic components as well. Legal differences are not less important than economic similarities. The example of interest rate swap shows the opportunity for recharacterisation of transaction in cross-border situations for general civil law purposes (gambling, insurance), for regulatory and tax purposes.

About the Author

E. V. Kudryashova
Institute of Legislation and Comparative Law under the Government of the Russian Federation
Russian Federation


1. Alworth, J. (1998). Taxation and integrated financial markets: the challenges of derivatives and other financial innovations. International Tax and Public Finance. 5 (4). Pp. 507-534.

2. Brett, M. (2000). How to read the financial pages. 5th ed. London.

3. Bruce, A. E. (1995). The recharacterization of cross-border interest rate swaps: tax consequences and beyond. Florida Tax Review. 2-11. Pp. 32-21.

4. Kudryashova, E. (2016). The Logic and Issues of International Regional Tax Integration. Russian Law: Theory and Practice. 2. Pp. 42-47

5. OECD (1994). Report Taxation of new financial instruments

6. Scott, S. and Wellons, P. (2000). Group of thirty, Derivatives: practices and principles. In: Scott, S., Wellons, A. International finance: transactions, policy and regulation. 7th ed. Foundation press, New York. Pp. 34-43

7. Shashkova, A. (2011). Financial & Legal Aspects of Doing Business in Russia. Moscow

8. Shokhin, S. (2014). Finansovoye pravo - vremya peremen [Financial law is the time of changes]. Finansovoye pravo. 2. Pp. 3-5. (In Russ.)

9. Southern, D. (1998). The taxation of derivatives. BTR. 4. Pp. 348363

For citation:

Kudryashova E.V. Cross-Border Interest Rate Swaps and Their Treatment for Regulatory and Tax Purposes. Kutafin Law Review. 2018;5(1):198-208.

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