TAX CODE OF THE RUSSIAN FEDERATION
PART ONE NO. 146-FZ OF JULY 31, 1998
AND PART TWO NO. 117-FZ OF AUGUST 5, 2000
(with the Amendments and Additions of March 30, July 9, 1999, January 2, December 29, 2000, May 30, August 6, 7, 8, November 27, 29, December 28, 29, 30, 31, 2001, May 29,
July 24, 25, December 24, 27, 31, 2002, May 6, 22, 28, June 6, 23, 30, July 7, November 11, December 8, 23, 2003, April 5, June 29, 30, July 20, 28, August 18, 20, 22, October 4, November 2, 29, December 28, 29, 30, 2004, May 18, June 6, 18, 30, July 1, 18, 21, 22,
October 20, November 4, December 5, 6, 20, 31, 2005, January 10, February 2, 28, June 3, 30, July 18, 26, 27, October 16, November 3, 11, December 4, 5, 29, 30, December 18,
2006, April 26, May 16, 17, July 19, 24, October 30, November 4, 8, 29, December 1, 4, 6, 2007, April 30, June 26, 30, July 22, 23, October 13, November 24, 26, December 1, 4, 22, 25, 30, November 26, December 30, 2008, March 14, April 28, June 3, 26, July 17, 18, 19, 24, September 27, October 30, November 9, 23, 25, 28, December 17, 27, 29, 2009, March 9, April 5, 30, May 8, 19, June 2, 17, July 5, 27, 30, September 28, November 3, 8, 15, 27, 29, December 28, 2010, March 7, April 21, June 3, 7, 4, 21, 27, July 1, 11, 18, 19, 20, 21,
November 7, 16, 21, 28, 30, December 3, 6, 2011, March 30, 2012)
Part One (with the Amendments and Additions of March 30, July 9, 1999, January 2, August 5, 2000, March 24, December 28, 29, 30, 2001, May 28, June 6, 30, July 7, December 23,
2003, June 29, 2004, July 1, November 4, 2005, February 2, July 27, December 30, 2006, April 26, May 17, 2007, June 26, 30, July 23, November 24, 26, 2008, July 19, 24,
November 23, 25, 28, December 17, 29, 2009, March 9, May 8, July 27, 30, September 28, November 3, 27, 29, December 28, 2010, June 7, 27, July 11, 18, 19, November 16, 21, 28,
December 3, 2011, March 30, 2012)
Adopted by the State Duma on July 16, 1998 Approved by the Council of Federation on July 17, 1998
See Federal Law No. 147-FZ of July 31, 1998 on Putting Into Force Part I of the Tax Code of the Russian Federation
Section 1. General Provisions
Chapter 1. Legislation on Taxes and Fees and Other Regulatory Legal Acts on Taxes and Fees
Article 1. Legislation of the Russian Federation, Legislation of Russian Federation Member Territories, and Regulatory Legal Acts of Representative Bodies of Municipal Formations on Taxes and Fees
1. The legislation of the Russian Federation on taxes and fees shall consist of this Code
and other federal laws on taxes and fees adopted in accordance therewith. 2. This Code shall establish a system of taxes and fees and general principles of taxation
and fees in the Russian Federation, including: 1) types of taxes and fees collected in the Russian Federation; 2) the grounds for the arisal and the procedure for fulfillment of obligations to pay taxes
and fees; 3) the principles of the introduction, enforcement and invalidation of earlier introduced
taxes of the subjects of the Russian Federation and local taxes; 4) the rights and duties of taxpayers, the tax authorities and other parties to relations
regulated by tax and fee legislation; 5) forms and methods of tax control; 6) liability for tax violations; 7) the procedure for appeals against reports of tax bodies and actions (inaction) of their
officials. 3. This Code shall apply to establishment, introduction and collection of fees in cases
where it is explicitly provided for in this Code. 4. The legislation of the subjects of the Russian Federation on taxes and fees consists of
laws on taxes of the subjects of the Russian Federation adopted in accordance with this Code. 5. Normative legal acts of municipal formations on local taxes and fees shall be adopted
by the representative of municipal formations in accordance with this Code. 6. Laws and other regulatory legal acts provided for by this Article shall be referred to in
this Code as "legislation on taxes and fees."
Federal Law No. 154-FZ of July 9, 1999 amended Article 2 of this Code The amendments shall enter into force upon the expiry of one month from the day of the official publication of the Federal Law See the previous text of the Article
Article 2. Relations Regulated by Tax and Fee Legislation Tax and fee legislation shall regulate relations of authority involving imposition,
enactment and collection of taxes and fees in the Russian Federation, and also relations arising during the exercise of tax control, appeal against the acts of tax bodies, the actions or inaction of their officials, and imposition of sanctions for tax violations.
Tax and fee legislation shall not apply to relations involving imposition, enactment and collection of customs payments or relations arising during the exercise of control over customs payments, appeal against the acts of customs bodies, the action or inaction of their officials and imposition of sanctions on guilty persons unless otherwise provided by this Code.
Article 3. Basic Principles of Tax and Fee Legislation 1. Each person shall pay taxes and fees imposed in a lawful way. Tax and fee legislation
shall be based on recognition of universality and equality of taxation. Upon the introduction of taxes it is necessary to take into account the taxpayer's ability to pay the tax.
2. Taxes and fees may not be discriminatory or applied differently depending on social, racial, national, religious and other similar criteria.
It shall not be allowed to set differential tax or fee rates or grant tax benefits depending on the form of ownership, citizenship of individuals or origin of capital.
3. Taxes and fees shall have an economic basis and may not be arbitrary. It shall not be allowed to impose taxes preventing individuals from the exercise of their constitutional rights.
4. It shall not be allowed to impose taxes and fees which violate the single economic area of the Russian Federation and in particular restrict free movement, either directly or indirectly, of
goods (works, services) or financial resources within the Russian Federation; nor shall it be allowed to restrict or hinder an economic activity of natural persons and organisations, which is not banned by law, in any other way.
5. No one may be charged with an obligation to pay taxes and fees or other contributions and payments having the characteristics of taxes as defined by this Code which are not provided for by this Code or are imposed in a way which is different from that provided by this Code.
6. Upon the introduction of taxes it is necessary to define all the elements of taxation. The legislative acts on taxes and fees shall be formulated in such a way as to enable each person to know exactly which taxes or fees he should pay, when and in which procedure.
7. All unremovable doubts, contradictions and ambiguities of legislative acts relevant to taxes and/or fees shall be interpreted in favour of taxpayers (payers of fees).
Article 4. The Normative Legal Acts of the Government of the Russian Federation, the Federal Executive Bodies, the Executive Bodies of the Subjects of the Russian Federation and the Executive Bodies of Local Self-Government on Taxes and Fees
1. In cases stipulated by the legislation on taxes and fees the Government of the Russian Federation, the federal bodies, authorised to discharge the functions of elaborating state policy and of regulating in normative legal acts on taxes and fees and in the field of customs business, the executive bodies of the subjects of the Russian Federation and the executive bodies of local self-government shall issue, within their jurisdiction, normative legal acts on the taxation questions which may not modify or supplement the legislation on taxes and fees.
2. The federal executive governmental body empowered to carry out the functions of control and supervision in the area of taxes and fees, its territorial bodies and also the customs bodies of the Russian Federation reporting to the federal executive governmental body empowered in the field of customs affairs are not entitled to issue normative legal acts on tax and fee issues.
Article 5. Enactment and Validity of Legislative Acts on Taxes and Fees
1. Legislative acts on taxes shall take effect not earlier than upon expiry of one month after the date of their official publication and not earlier than the first day of the next tax period for the corresponding tax except for cases provided by this Article.
Legislative acts on fees shall take effect not earlier than upon expiry of one month after the date of their official publication except for cases provided by this Article.
Federal laws amending this Code with regard to imposition of new taxes and/or fees, and also legislative acts on taxes and/or fees of Russian Federation member territories and normative legal acts of representative bodies of municipal formations imposing taxes shall not take effect until 1 January of the year following the year of their adoption, but not earlier than one month from the day of their official publication.
The legislative acts on taxes and fees cited in Items 3 and 4 of this Article may enter into effect as of the date of their official publication if they directly provide for it.
2. Legislative acts on taxes and fees which impose new taxes and/or fees, raise tax rates, the amounts of fees, impose or increase sanctions for breaches of the legislation on taxes and fees, establish new obligations for, or worsen the situation in any other way of, taxpayers or payers of fees or other parties to relations regulated by legislation on taxes and/or fees shall not be retroactive.
On guarantees against unfavourable changes in the legislation of the Russian Federation,
granted to residents of special economic zones, see Federal Law No. 116-FZ of July 22, 2005
3. Legislative acts on taxes and/or fees which lift or mitigate sanctions for breaches of the legislation on the taxes and fees or provide additional guarantees of protection of the rights of taxpayers and payers of fees or tax agents and their representatives, shall be retroactive.
4. Legislative acts on taxes and fees which revoke taxes and/or fees, reduce tax rates, eliminate obligations of taxpayers, payers of fees, tax agents and their representatives or improve their position in any other way, may be retroactive if the above acts explicitly provide for it.
5. The provisions provided for by this Article shall also extend to the normative legal acts on taxes and fees of the federal executive bodies, executive bodies of the constituent entities of the Russian Federation and local self-government bodies.
Article 6. Lack of Correspondence Between Regulatory Legal Acts on Taxes and Fees and This Code
1. A regulatory legal act on taxes and fees shall be considered to be at variance with this Code if such act:
1) is issued by a body which does not have the right under this Code to issue acts of this type or is issued in violation of the established procedure for issuance of such acts.
2) revokes or restricts the rights of taxpayers, payers of fees, tax agents or their representatives or powers of the tax authorities, customs agencies established by this Code;
3) imposes duties which are not provided for by this Code or changes the content of obligations of parties to relations as regulated by the legislation on taxes and fees, or other persons whose duties are established by this Code;
4) prohibits actions of taxpayers, payers of fees or tax agents and their representatives, allowed by this Code;
5) prohibits actions of the tax authorities, customs agencies, their officials allowed or prescribed by this Code;
6) allows or admits actions prohibited by this Code; 7) changes the grounds, conditions, sequence or procedure for actions of parties to
relations as regulated by the legislation on taxes and fees, or of other persons whose duties are established by this Code;
8) changes the scope and/or content of concepts and terms defined in this Code or uses these concepts and terms in a meaning other than that one used in this Code;
9) contradicts in any other way the general principles and/or the literal meaning of particular provisions of this Code.
2. Normative legal Acts referred to in Item 1 of this Article shall be considered to be at variance with this Code provided even one of the circumstances set forth in Item 1 of this Article exists.
3. The recognition of a normative legal act as inconsistent with this Code shall be effected through legal proceedings, unless otherwise stipulated by this Code. The Government of the Russian Federation, or other executive body or the executive local self-government body, which adopted the said act or their higher bodies shall be entitled to repeal this act to introduce the necessary amendments to it prior to its juridical examination;
Federal Law No. 306-FZ of November 27, 2010 amended Item 4 of Article 6 of this Code. The amendments shall enter into force on January 1, 2011 but not earlier than upon the expiry of one month from the day of the official publication of the said Federal Law
4. The regulatory legal acts governing the procedure for levying the taxes payable in
connection with goods being moved across the customs border of the Customs Union within the framework of the Eurasian Economic Community (hereinafter referred to in this Code as the Customs Union) shall be subject to the provisions established by the customs legislation of the Customs Union and the customs legislation of the Russian Federation.
Article 6.1. Procedure for Calculation of Time-Limits Established by the Legislation on Taxes and Fees
1. The time-limit established by the legislation on taxes and fees shall be determined by a calendar date, by an indication to an inevitable event or to an action, which has to be made, or by a period of time that is calculated in terms of years, quarters, months, weeks or days.
2. The running of a time-limit shall start on the day following the calendar date or the occurrence of the event (making of the action) determining the start thereof.
3. The time-limit calculated in terms of years shall expire on the appropriate month and date of the last year of the time-limit.
With this, a year (except for a calendar year) shall be deemed any time period consisting of 12 months running.
4. The time-limit calculated in terms of quarters shall expire on the last day of the last month of the time-limit.
With this, a quarter shall be deemed equal to three calendar months and quarters shall be counted out from the start of a calendar year.
5. The time-limit calculated in terms of months shall expire in the appropriate month and on the appropriate date of the last month of the time-limit.
If the end of a time-limit falls at a month without the corresponding date, the time-limit shall expire on the last day of the month.
6. The time-limit determined in terms of days shall be calculated in terms of working days, if it is not fixed in terms of calendar days. In so doing, a working day shall be deemed the day which is not recognised under the legislation of the Russian Federation as a day-off and (or) a holiday.
7. Where the last day of a time-limit falls on the date recognised under the legislation of the Russian Federation as a day-off or a holiday, the following working day shall be deemed the finishing day of the time limit.
8. An action for which a certain time-limit is fixed may be made before 12 p.m. of the last day of the time-limit.
If documents or monetary funds are delivered to a communication office before 12 p. m. of the last day of a time limit, the time limit shall not be deemed missed.
On the verification of the constitutionality of Article 7 of this Federal Law see Ruling of the Constitutional Court of the Russian Federation No. 284-O of December 10, 2002
Article 7. Effect of International Treaties on Taxation If a tax treaty of the Russian Federation, which contains provisions concerning taxation
and fees, establishes rules and standards other than those provided by this Code or laws and other regulatory legal acts on taxes and/or fees adopted in accordance with it, the rules and standards of tax treaties of the Russian Federation shall prevail.
Federal Law No. 154-FZ of July 9, 1999 amended Article 8 of this Code The amendments shall enter into force upon the expiry of one month from the day of the official publication of the Federal Law See the previous text of the Article
Article 8. Concept of Tax and Fee 1. A tax shall be defined as an obligatory and individually non-refundable payment
collected from organisations and individuals in the form of alienation of monetary resources owned by them by right of ownership, economic jurisdiction or operational management for the purposes of financing the activity of the state and/or municipalities.
2. A fee shall be defined as an obligatory contribution collected from organisations and individuals the payment of which is one of the conditions of legally significant actions to be taken in relation to payers of fees by government authorities, local self-government bodies or other bodies and officials authorised by them, including granting of particular rights or issuance of permits (licences).
Article 9. Parties to Relations Regulated by Legislation on Taxes and Fees Parties to relations regulated by tax and fee legislation shall be as follows: 1) organisations and individuals recognised as taxpayers and payers of fees under this
Code; 2) organisations and individuals recognised as tax agents under this Code; 3) the tax bodies (the federal executive body, authorised for control and supervision in
the sphere of taxes and fees, and its territorial agencies);
4) the customs agencies (the federal executive body, authorised in the sphere of customs business, customs agencies of the Russian Federation subordinate to it);
5) abrogated from January 1, 2007; 6) abolished; 7) abrogated from January 1, 2007; Article 10. Proceedings in Connection with Violations of the Legislation on Taxes and
Fees 1. A person shall be made liable for a tax violation and tax violation proceedings shall be
conducted, in accordance with the procedure established in Chapters 14 and 15 of this Code. 2. Proceedings with respect to violations of tax and fee legislation containing elements of
an administrative violation or crime shall be conducted in accordance with the procedure established by the legislation on administrative violations or the criminal procedural legislation of the Russian Federation, respectively.
3. Abolished Federal Law No. 154-FZ of July 9, 1999 amended Article 11 of this Code The amendments shall enter into force upon the expiry of one month from the day of the official publication of the Federal Law See the previous text of the Article
Article 11. Institutions, Concepts and Terms Used in This Code
According to Federal Law No. 95-FZ of July 29, 2004 entering into force on January 1, 2005, until the entry into force of Chapters of Part Two of the Code on taxes and fees envisaged by Articles 12 - 15 of the Code, the references in Item 1 of Article 11 to the provisions of the Code shall qualify as references to legislative acts of the Russian Federation on relevant taxes adopted until the entry into force of the said Federal Law
1. Institutions, concepts and terms of civil law, family law and other branches of law used in this Code shall apply in the meaning in which they are used in these branches of law unless otherwise provided by this Code.
Federal Law No. 306-FZ of November 27, 2010 amended Item 2 of Article 11 of this Code. The amendments shall enter into force on January 1, 2011 but not earlier than upon the expiry of one month from the day of the official publication of the said Federal Law
2. The following concepts shall be used for the purposes of this Code and other legislative acts on taxes and fees:
organisations are legal entities set up in accordance with the legislation of the Russian Federation (hereinafter referred to as Russian organisations), and also foreign legal entities, companies and other corporate associations with a civil legal capacity, set up in keeping with the legislation of foreign states, international organisations, branches and representative offices of the said foreign persons and international organisations set up on the territory of the Russian Federation (hereinafter referred to as foreign organisations);
natural persons are citizens of the Russian Federation, foreign nationals and stateless persons;
individual entrepreneurs are natural persons registered in the statutory manner and engaged in private business without the status of a legal entity and heads of peasant's farms. Natural persons engaged in private business with the status of a legal entity, but not registered as individual entrepreneurs in contravention of the requirements of the civil legislation of the Russian Federation, shall not be entitled to rely to the fact that they are not individual entrepreneurs when they discharge the duties vested in them by this Code;
abrogated from January 1, 2007; persons (a person) mean organisations and/or natural persons; abrogated from January 1, 2007; abrogated from January 1, 2007; banks (a bank) mean commercial banks and other credit organisations having a licence
of the Central Bank of the Russian Federation; accounts (an account) mean settlement (current) and other accounts with banks,
opened on the basis of a bank account contract, on which the pecuniary funds of organisations and individual entrepreneurs, private notaries, the solicitors/barristers who have founded solicitors/barristers' studies are placed and from which they may be spent;
personal accounts mean the accounts opened with the Federal Treasury agencies (with other agencies engaged in opening and keeping personal accounts) in compliance with the budget legislation of the Russian Federation;
the Federal Treasury accounts mean the accounts opened by a territorial agency of the Federal Treasury which are intended for accounting receipts and their distribution to the budgets of the budget system of the Russian Federation in compliance with the budget legislation of the Russian Federation;
a source of payment of incomes to a taxpayer means an organisation or a natural person from whom a taxpayer received income;
arrears mean the amount of a tax or the amount of fees not paid out in the period of time fixed by the legislation on taxes and fees;
the certificate of registration with the tax body being the document proving registration of a Russian organisation, foreign organisation or a natural person with a tax authority accordingly at the location of the Russian organisation, at the location of the international organisation, at the place where the foreign organisation exercises its activities on the territory of the Russian Federation through a separate unit thereof, at the place of residence of the natural person;
a notice of registration with the tax body being the document proving registration with a tax authority of an organisation or natural person, including an individual businessman, for the reasons established by this Code, except for the reasons which involve issuance of the certificate proving registration with a tax authority;
seasonal production means production directly associated with natural and climatic conditions and the season. This concept is used in relation to an organisation or an individual entrepreneur, if in definite tax periods (a quarter or a half-year) their production activity is prevented by natural and climatic conditions;
abrogated. the location of a separate unit of a Russian organisation is the place where this
organisation exercises its activities through a separate unit thereof; the place of residence of a natural person being the address (the name of a subject of
the Russian Federation, the district, the town, another populated centre, the street, the number of the house, the apartment) where the natural person has been registered at the place of residence in order established by the legislation of the Russian Federation. If a natural person has no place of residence on the territory of the Russian Federation, for the purposes of this Code, as the place of residence may be defined, at the request of this natural persons, the place of stay thereof. In so doing, as the place of stay of a natural person shall be deemed the place where the natural person temporarily resides at the address (denomination of a constituent entity of the Russian Federation, district, town other inhabited locality, street, house number and flat number) where the natural person is registered at the place of stay in the procedure established by the legislation of the Russian Federation;
a separate subdivision of an organisation means any territorially separated subdivision, in whose location permanent places of employment are equipped. A separate subdivision of the organisation is recognised as such, regardless of the fact whether its creation is reflected or not reflected in the organisation's constituent instruments or their organisational and order documents and regardless of the powers vested in the said subdivision. In this case the place of employment shall be deemed to be permanent, if it is created for a term exceeding one month;
accounting policy for taxation purposes means the totality of ways (methods) of assessing receipts and (or) expenditures, their recognition and distribution, as well as of accounting other indices of a taxpayer's financial and economic activities, allowable under this Code, which are selected by the taxpayer.
territory of the Russian Federation and other territories under its jurisdiction being the territory of the Russian Federation, as well as the territories of artificial islands, installations and structures which are under the jurisdiction of the Russian Federation in compliance with the legislation of the Russian Federation and international law rules.
3. The concepts of taxpayer, taxable item, tax base, tax period and other specific concepts and terms of legislation on taxes and fees shall be used in the meaning defined in the corresponding Articles of this Code.
Federal Law No. 306-FZ of November 27, 2010 amended Item 4 of Article 11 of this Code. The amendments shall enter into force on January 1, 2011 but not earlier than upon the expiry of one month from the day of the official publication of the said Federal Law
4. In the relationships occurring in connection with the levy of tax when goods are moved across the customs border of the Customs Union the terms defined by the customs legislation of the Customs Union and the customs legislation of the Russian Federation shall be used, and in as much as they are not defined by such the terms defined by this Code shall be used.
5. The rules provided for by Part One of this Code in respect of banks shall extend to the Central Bank of the Russian Federation and the State Corporation "Bank of Development and of Foreign Economic Activities (Vneshekonombank)".
Chapter 2. System of Taxes and Fees in the Russian Federation
Article 12. Types of Taxes and Fees in the Russian Federation. Authority of Legislative (Representative) State Power Bodies of the Subjects of the Russian Federation and Representative Bodies of Municipal Formations, as Regards the Imposition of Taxes and Fees
1. The following types of taxes and fees shall be imposed in the Russian Federation: federal, regional and local ones.
2. As federal taxes and fees shall be deemed the taxes and fees imposed by this Code and payable throughout the Russian Federation, if not otherwise provided for by Item 7 of this Article.
3. As regional taxes and fees shall be deemed the taxes and fees established by this Code and the laws of the subjects of the Russian Federation and payable in the territories of appropriate subjects of the Russian Federation, unless otherwise established by Item 7 of this Article.
Regional taxes shall be carried into effect and abolished in the territories of the subjects of the Russian Federation in accordance with this Code and the tax laws of the subjects of the Russian Federation.
With the introduction of regional taxes by the legislative (representative) bodies of the subjects of the Russian Federation the following elements of taxation shall be defined in the procedure and within the limits provided for by this Code: the tax rates, the procedure for, and the terms of, payment of taxes, if these elements of taxation are not established by this Code. Other elements of taxation with regard to local taxes and taxpayers shall be defined by this Code.
Legislative (representative) state power bodies of the subjects of the Russian Federation may establish by tax laws in the procedure and within the limits provided for by this Code tax concessions, grounds and procedure for application thereof.
4. Local taxes and fees shall be deemed those established by this Code and by the normative legal acts of the representative bodies of municipal formations on taxes payable in the territories of respective municipal formations, unless otherwise provided for by this Item and Item 7 of this Article.
Local taxes shall be carried out into effect and abolished in the territories of municipal formations in compliance with this Code and the normative legal acts of representative bodies of municipal formations on taxes.
Land tax and individual property tax shall be imposed by this Code and by normative legal acts of representative bodies of settlements (municipal districts) and city circuits on taxes and shall be payable in the territories of appropriate settlements (inter-settlement territories) and urban circuits, unless otherwise provided for by Item 7 of this Article. Land tax and individual property tax shall be carried into effect and shall be abolished in the territories of settlements (inter-settlement territories) and of urban circuits in compliance with this Code and the normative legal acts of representative bodies of settlements (municipal districts) and urban circuits on taxes.
Local taxes in the cities of federal importance - Moscow and St. Petersburg - shall be established by this Code and the laws of the said subjects of the Russian Federation on taxes, and shall be payable in the territories of these subjects of the Russian Federation, unless otherwise provided for by Item 7 of this Article. Local taxes shall be carried into effect and abolished in the territories of the cities of federal importance (Moscow and St. Petersburg) in compliance with this Code and the laws of the said subjects of the Russian Federation.
When introducing local taxes by representative bodies of municipal formations (by legislative (representative) state power bodies of the cities of federal importance Moscow and St.- Petersburg), the following taxation elements shall be defined in the procedure and within the limits provided for by this Code: the tax rates, the procedure for, and the terms of, paying the taxes, if these elements of taxation are not established by this Code. Other elements of taxation in respect of local taxes and taxpayers shall be established by this Code.
Representative bodies of municipal formations (legislative (representative) state power bodies of the cities of federal importance Moscow and St.-Petersburg) may establish by the laws on taxes and fees in the procedure and within the limits provided for by this Code tax concessions, grounds and procedure for application thereof.
5. Federal, regional and local taxes and fees shall be abolished by this Code. 6. No federal, regional or local taxes (fees) may be imposed which are not provided for
by this Code. 7. This Code shall establish special tax treatments, which may be provided for by federal
laws not indicated in Article 13 of this Code, shall determine the procedure for establishing such taxes, as well as the procedure for the putting into effect and application of the said special tax treatments.
Special tax treatments may provide for the exemption from the duty of paying individual federal, regional and local taxes and fees indicated in Articles from 13 to 15 of this Code.
Article 13. Federal Taxes and Fees Federal taxes and fees shall include: 1) value-added tax; 2) excise taxes; 3) tax on income (profit) of natural persons; 4) abrogated from January 1, 2010; 5) tax on profit of organisations; 6) tax on extraction of minerals; 7) abolished from January 1, 2006; 8) water tax; 9) fee for the right to use fauna and aquatic biological resources; 10) state duty.
Article 14. Regional Taxes Regional taxes shall include: 1) tax on property of organisations; 2) tax on gambling industry; 3) transport tax.
Article 15. Local Taxes Local taxes shall include: 1) land tax; 2) individual property tax.
Article 16. Information About Taxes Information and copies of laws, other normative legal acts on the establishment,
modification and terminate the operation of regional and local taxes shall be sent by the organs of state power of the subjects of the Russian Federation and local self-government bodies to the Ministry of Finance of the Russian Federation and the federal executive body authorised to exercise control and supervision in the area of taxes and fees, and also to the financial bodies
of the respective subjects of the Russian Federation and to the territorial tax bodies.
Federal Law No. 154-FZ of July 9, 1999 amended Article 17 of this Code The amendments shall enter into force upon the expiry of one month from the day of the official publication of the Federal Law See the previous text of the Article
Article 17. General Conditions of Imposition of Taxes and Fees 1. A tax shall only be considered as imposed if the taxpayers and the elements of
taxation are defined, namely, taxable item; tax base; tax period; tax rate; procedure for calculation of tax; procedure and dates of tax payment. 2. In tax imposition, a legislative act on taxes and fees may also if necessary provide tax
benefits and grounds for their use by the taxpayer. 3. In imposing fees, their payers and elements of taxation shall be defined relative to
particular fees.
Article 18. Special Types of Tax Treatment 1. Special types of tax treatment shall be established by this Code and shall apply in the
instances and in the procedure that are provided for by this Code and other legislative acts on taxes and fees.
Special types of tax treatments may provide for a special procedure for defining taxation elements, as well as the exemption from the duty of paying individual taxes and fees stipulated by Articles from 13 to 15 of this Code.
2. Special types of tax treatments shall include: 1) taxation system for agricultural producers (uniform agricultural tax); 2) simplified taxation system; 3) taxation system in the form of uniform tax on imputed earnings for some types of
activities; 4) taxation system, when implementing agreements on division of products.
Section 2. Taxpayers and Payers of Fees. Tax Agents. Representation in Tax Legal Relations
Chapter 3. Taxpayers and Payers of Fees. Tax Agents
Federal Law No. 154-FZ of July 9, 1999 amended Article 19 of this Code The amendments shall enter into force upon the expiry of one month from the day of the official publication of the Federal Law See the previous text of the Article
Article 19. Taxpayers and Payers of Fees Taxpayers and payers of fees shall be defined as organisations and individuals who are
under an obligation, under this Code, to pay taxes and/or fees, respectively. In the order prescribed by this Code the branches and other separate subdivisions of
Russian organisations shall discharge the duties of these organisations in the payment of taxes and fees in the location of these branches and other separate subdivisions.
According to Federal Law No. 227-FZ of November 18, 2011 the provisions of Article 20 of this Code shall be applied from January 1, 2012 solely to transactions, the income and (or) the outlays from (on) which have been declared in conformity with Chapter 25 of this Code before the day of entry into force of the said Federal Law
Article 20. Related Persons 1. For purposes of taxation, related persons shall be defined as individuals and/or
organisations the relations between which may exert influence on the conditions or economic results of their activity or the activity of persons they represent, namely:
1) one organisation directly and/or indirectly participates in another organisation, and the summary share of such participation makes up over 20 per cent. The share of the indirect participation of one organisation in another one through a sequence of other organisations shall be determined in the shape of the product of the shares of direct participation of the organisation in this sequence of one in another;
2) one individual is subordinate to another individual as to his or her superior; 3) in accordance with the family law of the Russian Federation, the persons are spouses,
relatives, are related to each other by marriage, are an adopter and an adoptee or a guardian and a ward.
2. The court may recognise persons as interdependent on other grounds, which are not provided for by Item 1 of this Article, if the relations between these persons may influence the results of transactions in the sale of goods (works, services).
Federal Law No. 154-FZ of July 9, 1999 amended Article 21 of this Code The amendments shall enter into force upon the expiry of one month from the day of the official publication of the said Federal Law See the previous text of the Article
Article 21. Rights of Taxpayers (Payers of Fees)
1. Taxpayers shall have the right to: 1) to receive in the place of their registration from tax bodies information (including
information in written form) about current taxes and fees, the legislation on taxes and fees and the normative legal acts adopted in accordance with it, about the procedure for the calculation and payment of taxes and fees, the rights and duties of taxpayers, and about the powers of tax bodies and their officials, and also to receive the forms of tax declarations (calculations) and explanations about the order of their completion;
See Regulations for Organising the Work with the Taxpayers, the Payers of Fees and Insurance Premiums for Obligatory Pension Insurance, and with the Insurance Agents, approved by Order of the Federal Tax Service No. SAE-3-01/444 of September 9, 2005
2) to receive from the Ministry of Finance of the Russian Federation written explanations of the application of the taxation legislation of the Russian Federation, from the financial bodies of the subjects of the Russian Federation and municipal formations - of the application of the legislation of the subjects of the Russian Federation on taxes and fees and of the normative legal acts of municipal formations on local taxes and fees;
3) use tax benefits provided there are grounds for such and in accordance with the
procedure established by tax and fee legislation; 4) receive deferral, the right to pay in installments, or an investment tax credit in
accordance with the procedure and on conditions set by this Code; 5) the timely credit or refund of tax, penalty interest, fines amounts paid or collected over
and above the correct amount;
5.1) to check, jointly with tax authorities, estimations of taxes, fees, penalties and fines, as well as to receive a report on a joint check of estimations of taxes, fees, penalties and fines;
6) represent their interests in the relations regulated by the legislation on taxes and fees in person or via their representative;
7) provide explanations to the tax authorities and their officials on the calculation and payment of taxes and fees, and also on protocols of audits conducted;
8) be present at a field tax audit; 9) receive copies of a tax audit protocol and decisions of the tax authorities, and also of
tax notices and requirements for tax payment; 10) require compliance with tax and other legislation from tax officials and other
authorised bodies while the latter perform actions with respect to taxpayers; 11) not to comply with unlawful acts and demands of the tax authorities, other authorised
agencies and their officials which are at variance with this Code or other federal laws; 12) appeal against acts of the tax authorities and other authorised agencies and actions
(inaction) of their officials in accordance with the established procedure; 13) require a tax secret be respected and kept; 14) claim full compensation for losses caused by unlawful decisions of the tax authorities
or unlawful actions (inaction) of their officials; 15) participate in consideration of the material of a tax inspection or other acts of the tax
authorities in the cases provided for by this Code. 2. Taxpayers shall also have other rights under this Code and other acts of tax and fee
legislation. 3. Payers of fees shall have the same rights as taxpayers.
4. Any of the parties to an agreement of investment partnership is entitled to appeal in the established procedure against acts of tax authorities and actions (omission to act) of their officials.
Article 22. Guarantee and Protection of Rights of Taxpayers (Payers of Fees) 1. Taxpayers (payers of fees) shall be guaranteed administrative and judicial protection
of their rights and legitimate interests. The procedure for protection of taxpayers rights shall be established by this Code and
other federal laws.
2. The rights of taxpayers (payers of fees) shall be secured by the relevant obligations of tax officials and other authorised bodies.
Failure to fulfill or improper fulfillment of obligations to secure the rights of taxpayers (payers of fees) shall involve liability under federal laws.
Article 23. Guarantee and Protection of Rights of Taxpayers (Payers of Fees) 1. Taxpayers shall be obliged to: 1) pay taxes and fees imposed in a lawful way; 2) register with the tax authorities, if this Code provides for such an obligation; 3) keep records of their income (expenses) and taxable items in accordance with the
established procedure, if the legislation on taxes and fees provides for such an obligation; 4) file tax returns (calculations) for taxes they are required to pay with the tax authority at
the place of registration in accordance with the established procedure, if legislation on taxes and fees provides for such an obligation;
5) present to the tax authority at the place of residence of an individual businessman, private notary or solicitor/barrister who has founded solicitor's studies the registers of receipts, expenditures and economic transactions by request of the tax authorities; to present to the tax authority at the location of an organisation accounting report documents in compliance with the requirements established by the Federal Law on Accounting, except for the cases when organisations under the said Federal Law are not obliged to keep accounts or are relieved of keeping accounts;
6) submit to the tax authorities and to their officials in the cases and in the procedure, provided for by this Code, the documents required to calculate and pay taxes;
7) comply with lawful demands of a tax authority to eliminate revealed violations of tax and fee legislation, and also not to hinder the lawful activity of tax officials when they discharge their official duties;
8) ensure safekeeping, over the course of four years, of bookkeeping and tax records, as well as of other documents required for the calculation and payment of taxes and fees, including the documents confirming income earned and expenses incurred (for organisations and individual businessmen) and paid (withheld) taxes;
9) fulfill other obligations provided for by tax and fee legislation.
2. Taxpaying organisations and individual businessmen, apart from the obligations set forth in Item 1 of this Article, shall be obliged to inform the tax authority at the location of the organisation or at the place of residence of the individual businessman of the following:
1) of opening or closing accounts (personal accounts) - within seven days as of the date of opening (closing) such accounts. Individual businessmen shall inform the tax authority of the accounts used by them in their business activities;
1.1) about the beginning or the termination of the right to use corporate electronic instruments of payment for transfers of electronic money resources - in the course of seven days from the date of the beginning (termination) of such a right;
2) of all instances of holding an interest in Russian and foreign organisations - at the latest in one month as of the commencement of such interest;
3) of all separate subdivisions of a Russian organisation set up on the territory of the Russian Federation (except for branches and representative offices) and amendments made in the data on such separate subdivisions reported to a tax authority:
within a month as from the date when a separate subdivision of a Russian organisation is established;
within three days as from the date when the appropriate data on a separate subdivision of a Russian organisation are amended;
3.1) of all separate subdivisions of a Russian organisation on the territory of the Russian Federation through which the activities of this organisation are terminated (which are closed by this organisation):
within three days as from the date of adoption by the Russian organisation of the decision to terminate activities through a branch or representative office (on closing a branch or representative office) thereof;
within three days as from the date of termination of the activities of the Russian organisation through a different separate subdivision (of closing a different separate
subdivision); 4) of re-organisation or liquidation of an organisation - within three days as of the
date of adoption of such decision.
3. The notaries, engaged in private practice, and the lawyers, who have instituted lawyer's offices, are obliged to inform the tax body at the place of their residence about opening (closing) accounts, intended for their performance of professional activity, within seven days as from the day of opening (closing) such accounts.
4. Payers of fees shall be obliged to pay the legally established fees, and also meet other obligations as established by the legislation relevant to taxes and fees.
5. For failure to fulfill, or improper fulfilment of, the obligations imposed on him, a taxpayer (payer of fees) shall be liable under the legislation of the Russian Federation.
Federal Law No. 306-FZ of November 27, 2010 amended Item 6 of Article 23 of this Code. The amendments shall enter into force on January 1, 2011 but not earlier than upon the expiry of one month from the day of the official publication of the said Federal Law
6. Taxpayers who pay their taxes in connection with movement of goods across the customs border of the Customs Union shall also discharge the duties provided for by the legislation of the Customs Union and the customs legislation of the Russian Federation.
7. The information provided for by Items 2 and 3 of this article may be supplied to a tax authority in person or through a representative, sent by registered mail or transmitted in electronic form via telecommunication channels.
Where such information reports are transmitted in electronic form they must be attested by the electronic digital signature of the person presenting it or by the electronic digital signature of a representative thereof.
The forms and formats of the information reports to be presented using a paper medium or in electronic form, as well as a procedure for filling out the forms of the cited reports, shall be endorsed by the federal executive power body authorised to exercise control and supervision in respect of taxes and fees.
A procedure for presenting the information reports provided for by Items 2 and 3 of this article in electronic form via telecommunication channels shall be endorsed by the federal executive power body authorised to exercise control and supervision in respect of taxes and fees.
Article 24. Tax Agents 1. Tax agents shall be defined as persons who are required under this Code to calculate,
withhold from the taxpayer and remit taxes to the budget system of the Russian Federation. 2. Tax agents shall have the same rights as taxpayers unless otherwise provided by this
Code. The rights of tax agents shall be ensured and protected in compliance with Article 22 of
this Code. 3. Tax agents shall be required to: 1) calculate, withhold from monetary funds paid to taxpayers and remit taxes to the
budget system of the Russian Federation onto corresponding accounts of the Federal Treasury; 2) notify in writing the tax authority at the place of their registration of the impossibility to
withhold tax and on the amount of a taxpayer's arrears within one month as of the date when a tax agent learnt about such circumstances;
3) keep records of income calculated and paid to taxpayers and of taxes withheld and remitted to the budget system of the Russian Federation, including separate records for each
taxpayer personally; 4) provide to the tax authority at the place of registration documents required to control
the correctness of calculation, withholding and remittance of taxes; 5) ensure safekeeping within four years of the documents required for calculation,
deduction and remittance of taxes.
3.1. Tax agents shall also discharge other duties provided for by this Code. 4. The tax agents shall transfer the collected taxes in the order prescribed by this Code
for the payment of the tax by a taxpayer; 5. For failure to fulfill or improper fulfillment of obligations imposed on him, the tax agent
shall incur liability under the legislation of the Russian Federation.
Article 24.1. The Taxpayer's Participation in an Agreement of Investment Partnership 1. Every taxpayer shall independently discharge the duty of paying tax on organisations'
profits and tax on natural persons' incomes arising in connection with the participation thereof in an agreement of investment partnership, subject to the specifics provided for by this article and other provisions of this Code.
2. The duty of paying taxes and fees which are not cited in Item 1 of this Article but arise in connection with execution of an agreement of investment partnership shall be imposed upon the party to such agreement being the managing partner responsible for keeping tax records (hereinafter referred to in this article as the managing partner responsible for keeping tax records).
3. The managing partner responsible for keeping tax records shall be deemed a tax agent with respect to the incomes of foreign persons derived from participation in the investment partnership.
4. The managing partner responsible for keeping tax records is bound to do the following: 1) to forward to the tax authority at the place of registration thereof a copy of the
agreement of investment partnership (except for the investment declaration), to report on its termination, to report on the exercise or termination of exercising the functions of a managing partner at latest in five days as from the date of making the cited agreement and its termination, the start and termination of exercising the functions of a managing partner;
2) to keep separate records in respect of operations of the investment partnership in the procedure established by Chapter 25 of this Code;
3) to file with the tax authority at the place of registration thereof an estimation of the financial result of the investment partnership.
The form of an estimation of the financial result of an investment partnership shall be endorsed by the Ministry of Finance of the Russian Federation.
An estimation of the financial result of an investment partnership shall be filed with the tax authority at the time fixed by this Code for presenting the tax declaration (estimation) for tax on organisations' profits;
4) to report to the tax authority at the place of registration thereof on opening and closing accounts of the investment partnership within seven days as from the date of opening or closing such accounts;
5) to present to the agreement's participants a copy of an estimate of the financial result of the investment partnership and data on the share of profit (loss) of the investment partnership falling on each of them in the procedure and at the time which are established by the agreement of investment partnership but at latest fifteen days before the end time of filing with the tax authority tax declarations (estimates) for tax on organisations' profits fixed by this Code.
The managing partner shall present to the partners data on the shares of profit (loss) of the investment partnership falling on each of them in respect of each kind on incomes for which
the tax base is estimated separately in compliance with this Code; 6) to present to the parties to the agreement of investment partnership the data provided
for by the Federal Law on Investment Partnerships; 7) if an estimate of the financial result of the investment partnership is emendated, to file
the emendated estimate with the tax authority at the place of registration thereof and to present to the parties to the agreement a copy of the emendated estimate of the financial result of the investment partnership within five days as from the date when it is emendated.
5. The managing partner responsible for keeping tax records shall enjoy the same rights as taxpayers in the relations connected with running business of the investment partnership.
Article 25. Abrogated from January 1, 2007. Chapter 3.1. A Consolidated Group of Taxpayers
Article 25.1. General Provisions on a Consolidated Group of Taxpayers 1. As a consolidated group of taxpayer shall be deemed a voluntary association of
taxpayers that pay organisations profit tax on the basis of an agreement on forming the consolidated group of taxpayer in the procedure and under the terms and conditions which are provided for by this Code for the purpose of estimation and payment of organisations profit tax subject to the aggregate financial result of economic activities of the cited taxpayers (hereinafter referred to as organisations profit tax for a consolidated group of taxpayers).
2. As a participant in a consolidated group of taxpayer shall be deemed the organisation which a party to an effective agreement on forming the consolidated group of taxpayer, satisfies the criteria and terms provided for by this Code in respect of participants in a consolidated group of taxpayer
3. As the responsible participant in a consolidated group of taxpayer shall be deemed the participant in the consolidated group of taxpayer which is charged under an agreement on forming the consolidated group of taxpayer with the duty of estimating and paying organisations profit tax for the consolidated group of taxpayer and which in the legal relations involved in estimation and payment of the cited tax exercises the same rights and discharges the same duties as taxpayers paying organisations profit tax.
4. As the document proving the authority of the responsible participant in a consolidated group of taxpayer shall be seen an agreement on forming the consolidated group of taxpayer made in compliance with this Code and the civil legislation of the Russian Federation.
Article 25.2. The Conditions of Forming a Consolidated Group of Taxpayers 1. Russian organisations meeting the conditions provided for by this article are entitled to
form a consolidated group of taxpayer. The conditions which the participants in a consolidated group of taxpayer must meet and
which are provided for by this article shall apply within the total validity term of an agreement on forming the cited group, unless otherwise provided for by this Code.
2. A consolidated group of taxpayers may be formed by organisations on condition that one organisation participates directly and/or indirectly in the authorised (pooled) capital of the other organisations and the share of such participation in each such organisation makes up at least 90 per cent. The cited condition must be satisfied within the total validity term of the agreement on forming the consolidated group of taxpayer.
The share of participation of an organisation in another organisation shall be estimated in the procedure established by this Code.
3. An organisation which is a party to an agreement on forming a consolidated group of taxpayer must meet the following conditions:
1) the organisation is not being reorganised or liquidated; 2) insolvency (bankruptcy proceedings are not initiated in respect of the organisation in
compliance with the legislation on insolvency (bankruptcy); 3) the amount of the organisation's net wealth estimated on the basis accounting
reports/statements as of the last accounting date preceding the date of filing with a tax authority documents for registration of the agreement on forming (changing) the consolidated group of taxpayers exceeds the amount of the authorized (pooled) capital thereof.
4. A new organisation may be joined to an already existing consolidated group of taxpayers, provided that the organisation to be joined satisfies the conditions provided for by Item 3 of this article as of date of its joining.
5. All the organisations in the aggregate which participate in a consolidated group of taxpayer must meet the following conditions:
1) the aggregate sum of value-added tax, excise tax, organisations profit tax and severance tax paid within the calendar year preceding the year in which the documents for registration of an agreement on forming a consolidated group of taxpayer are filed, less the tax amounts paid in connection with movement of commodities across the customs border of the Customs Union, is at least 10 milliard roubles;
2) the total volume of proceeds from selling commodities and products, from carrying out works and rendering services and of other incomes according to accounting reports/statements for the calendar year preceding the year in which documents for registration of the agreement on forming the consolidated group of taxpayer are filed with a tax authority amounts to at lease 100 milliard roubles;
3) the aggregate value of assets according to accounting reports/statements as of December 31 of the calendar year preceding the year in which documents for registration of an agreement on forming the consolidated group of taxpayer are filed amounts to at least 300 milliard roubles.
6. The following organisations are not entitled to participate in a consolidated group of taxpayer:
1) organisations which are residents of special economic zones; 2) organisations applying special tax treatments; 3) banks, except when all the other organisations in this group are banks; 4) insurance organisations, except when all the other organisations in this group are
insurance ones; 5) non-governmental pension funds, except when all the other organisations in this group
are non-governmental pension funds; 6) professional securities market participants which are not banks, except when all the
other organisations in this group are professional securities market participants which are not banks;
7) organisations which participate in some other consolidated group of taxpayers; 8) organisations which are not deemed taxpayers in respect of organisations profit tax, as
well as those exercising the right to be relived of the duties of a taxpayer in respect of organisations profit tax in compliance with Chapter 25 of this Code;
9) organisations engaged in educational and/or medical activities and applying the 0 per cent tax rate of organisations profit tax in compliance with Chapter 25 of this Code;
10) organisations which are taxpayers in respect of tax on gambling industry; 11) clearing organisations. 7. A consolidated group of taxpayer shall be formed for at least two tax periods for
organisations profit tax.
Article 25.3. An Agreement on Forming a Consolidated Group of Taxpayers
1. In compliance with an agreement on forming a consolidated group of taxpayers organisations satisfying the conditions established by Article 25.2 of this Code shall unite on a voluntary basis without forming a legal entity for the purpose of estimation and payment of organisations profit tax in respect of the consolidated group of taxpayers in the procedure and under the conditions which are established by this Code.
2. An agreement on forming a consolidated group of taxpayers must contain the following provisions:
1) the subject matter of the agreement on forming the consolidated group of taxpayers; 2) a list and requisite elements of the organisations participating in the consolidated
group of taxpayers; 3) the denomination of the organisation which is the responsible participant in the
consolidated group of taxpayers; 4) a list of the powers which participants in the consolidated group of taxpayers delegate
to the responsible participant in this group in compliance with this chapter; 5) a procedure for and time period of discharging the duties and exercising the rights by
the responsible participant and the other participants in the consolidated group of taxpayers which are not provided for by this Code, liability for failure to discharge the established duties;
6) the time period calculated in calendar year for which the consolidated group of taxpayers is formed, if it is formed for a fixed term, or an indication that there is no fixed term for which this group is formed;
7) the indices which are required for estimating the tax base and payment of organisations profit tax in respect of each participant in the consolidated group of taxpayers subject to the specifics provided for by Article 288 of this Code.
3. The legislation on taxes and fees shall apply to the legal relations based on an agreement on forming a consolidated group of taxpayers, and to the part thereof which is not regulated by the legislation on taxes and fees the civil legislation of the Russian Federation shall apply.
Any provisions of an agreement on forming a consolidated group of taxpayers (including such agreement itself), if they do not comply with the legislation of the Russian Federation, may be declared invalid judicially by a participant in this group or by a tax authority.
4. An agreement on forming a consolidated group of taxpayers shall be in effect pending the occurrence of the earliest of the following dates:
1) the date of termination of the cited agreement provided for by this agreement and/or by this Code;
2) the date of the agreement's dissolution; 3) the first day of the tax period for organisations profit tax following the date when a tax
authority refuses to register the cited agreement. 5. An agreement on forming a consolidated group of taxpayers is subject to registration
with the tax authority at the location of the organisation which is the responsible participant in the consolidated group of taxpayers.
If the responsible participant in a consolidated group of taxpayers is referred to in compliance with Article 83 of this Code to the category of major taxpayers, an agreement on forming the consolidated group of taxpayers
is subject to registration with the tax authority at the place of registration of the cited responsible participant in the consolidated group of taxpayers as a major taxpayer.
6. To register an agreement on forming a consolidated group of taxpayers the responsible participant in this group shall file the following documents with a tax authority:
1) an application for registration of the agreement on forming the consolidated group of taxpayers signed by authorized persons of all the participants in the consolidated group to be formed;
2) two copies of the agreement on forming the consolidated group of taxpayers; 3) the documents proving fulfillment of the conditions provided for by Items 2, 3 and 5 of
Article 25.2 of this Code attested by the responsible participant in the consolidated group of taxpayers, in particular copies of payment orders to pay value-added tax, excise tax, organisations profit tax and severance tax (copies of decisions of a tax authority on setting off the above taxes), accounting balance sheets, profit and loss reports for the preceding calendar year in respect of each participant in the group;
4) the documents proving the authority of the persons that have signed the agreement on forming the consolidated group of taxpayers.
7. The documents cited in Item 6 of this article shall be filed with a tax authority at latest on October 30 of the year preceding the tax period starting from which organisations profit tax in respect of a consolidated group of taxpayers is estimated and paid.
8. The head (deputy head) of a tax authority within a month since the date of filing with the tax authority the documents cited in Item 6 of this article shall register an agreement on forming a consolidated group of taxpayers or shall render the reasoned decision on the refusal to register it.
In the vent of detecting violations which can be removed within the time period fixed by this item, the tax authority is bound to notify of them the responsible participant in the consolidated group of taxpayers.
Before the expiry of the time period fixed by this item the responsible participant in the consolidated group of taxpayers is entitled to remove the detected violations.
9. In case of meeting the conditions provided for by Article 25.2 of this Code and Items 1-7 of this article, the tax authority is bound to register an agreement on forming a consolidated group of taxpayers and within five days as from the date of its registration to issue a copy of this agreement bearing a note proving its registration to the responsible participant in the consolidated group of taxpayers in person against the receipt thereof or in some other way proving the date when it is received.
Within five days from the date of registration of an agreement on forming a consolidated group of taxpayers information about registration of the agreement on forming the consolidated group of taxpayers shall be forwarded by the tax authority to the tax bodies at the location of the organisations participating in the consolidated group of taxpayers, as well as at the location of separate units of the organisations participating in the consolidated group of taxpayers.
Item 10 of Article 25.3 of this Code shall enter into force on April 1, 2012
10. A consolidated group of taxpayers shall be deemed formed from the first day of the tax period for organisations profit tax following the calendar year in which the agreement on forming this group is registered.
11. The refusal of a tax authority to register an agreement on forming a consolidated group of taxpayers shall be allowed solely where there is at least one of the following circumstances:
1) non-compliance with the conditions for forming the consolidated group of taxpayers which are provided for by Article 25.2 of this Code;
2) non-compliance of the agreement on forming the consolidated group of taxpayers with the requirements cited in Item 2 of this article;
3) failure to present (to present in full), or failure to observe the deadline for filing with an authorised tax agency, the documents for registration of the agreement on forming the consolidated group of taxpayers provided for by Items 5-7 of this article;
4) in case the documents are signed by persons who are not authorized to do it. 12. In the event of refusal of a tax authority to register an agreement on forming a
consolidated group of taxpayers, the responsible participant in the consolidated group of taxpayers is entitled to repeatedly present the documents for registration of such agreement.
13. A copy of the decision on the refusal to register an agreement on forming a consolidated group of taxpayers within five days as from the date of its adoption shall be transferred by the tax authority to an authorized representative of the person cited in such agreement as the responsible participant in the consolidated group of taxpayers in person against the receipt thereof or in some other way proving the date of its receiving.
14. The refusal to register an agreement on forming a consolidated group of taxpayers may be appealed against by the person cited in such agreement as the responsible participant in the consolidated group of taxpayers in the procedure and at the time which are established by this Code for appealing against acts, actions and omission to act of tax authorities and of their officials.
Paragraph 2 of Item 14 of Article 25.3 of this Code shall enter into force on April 1, 2012
In the event of allowing an application (complaint), if there no other obstacles for registration of an agreement on forming a consolidated group of taxpayers established by this chapter, the tax authority is bound to register the cited agreement, and the cited group shall be deemed formed as from the first day of the tax period for organisations profit tax following the calendar year in which such group was subject to registration in compliance with Item 8 of this article.
Article 25.4. Changing an Agreement on Forming a Consolidated Group of Taxpayers and Extending It
1. An agreement on forming a consolidated group of taxpayers may be changed in the procedure and under the conditions which are provided for by this article.
2. The parties to an agreement on forming a consolidated group of taxpayers are bound to amend the cited agreement in the event of the following:
1) adoption of the decision on liquidation of one or several organisations participating in the consolidated group of taxpayers;
2) adoption of the decision on re-organising (in the form of merger, affiliation, separation and division) one or several organisations participating in the consolidated group of taxpayers;
3) affiliation of an organisation to the consolidated group of taxpayers; 4) withdrawal of an organisation from the consolidated group of taxpayers (in particular
when such organisation ceases to meet the conditions provided for by Article 25.2 of this Code, including its merger with an organisation which is not a participant to the cited group or division (separation) of an organisation which is a participant in this group);
5) adoption of the decision on extending the validity term of the agreement on forming the consolidated group of taxpayers.
3. An arrangement on changing an agreement on forming a consolidated group of taxpayers (the decision on extending the validity term of the cited agreement) shall be rendered by all the members of such group, including newly-joining participants thereof and excluding the ones which are withdrawing from this group.
4. An arrangement on changing an agreement on forming a consolidated group of taxpayers (the decision on extending the validity term of the cited agreement) shall be filed with a tax authority for registration at the following time:
1) at latest a month before the start of a regular tax period for organisations profit tax - when making amendments connected with joining new participants to the group (except when the participants in the cited group are reorganised);
2) at latest a month before the expiry of the validity term of the agreement on forming the
consolidated group of taxpayers- when adopting the decision on extending the validity term of the cited agreement;
3) within a month since the date when the circumstances for changing the agreement on forming the consolidated group of taxpayers occur - in other instances.
5. To register an arrangement on changing an agreement on forming a consolidated group of taxpayers (the decision on extending the validity term of the cited agreement) its responsible participant shall file with a tax authority the following documents:
1) a notice of amending the agreement; 2) two copies of the arrangement on changing the agreement signed by authorized
persons of participants in the consolidated group of taxpayers; 3) the documents proving the authority of the person who have signed the arrangement
on amending the agreement; 4) the documents proving satisfaction of the conditions provided for by Article 25.2 of
this Code, subject to the amendments made in the agreement; 5) two copies of the decision on extending the agreement. 6. A tax authority is bound to register the amendments made in an agreement on forming
a consolidated group of taxpayers within 10 days as from the date of filing the documents cited in Item 5 of this article and to issue to an authorised representative of the responsible participant in the cited group a copy of the amendments bearing a note that proves its registration.
7. As the grounds for the refusal to register the amendments to be made in an agreement on forming a consolidated group of taxpayers shall be deemed the following:
1) failure to meet the conditions provided for by Article 25.2 of this Code in respect of at least one participant in the consolidated group of taxpayers;
2) signing of the documents by persons who are not authorized to do it; 3) failure to observe the deadline for filing documents in respect of changing the cited
agreement; 4) failure to present (to present in full) the documents provided for by Item 5 of this
article. 8. The amendments made in an agreement on forming a consolidated group of taxpayers
shall enter into force in the following procedure: 1) the amendments made in the agreement on forming the consolidated group of
taxpayers connected with affiliation to such group of new organisations (except when the group's participants are re-organised) shall enter into force at earliest on the first day of the tax period for organisations profit tax following the calendar year in which the appropriate amendments made in the agreement are registered by a tax authority;
2) the amendments made in the agreement on forming the consolidated group of taxpayers connected with the withdrawal of participants from such group shall enter into force as from the first day of the tax period for organisations profit tax in which the circumstances for making the appropriate amendments in the agreement occur (unless otherwise provided for by Subitem 3 of this item);
3) the amendments made in the agreement on forming the consolidated group of taxpayers connected with the withdrawal of participants from such group which at the time of registration by a tax authority of the appropriate amendments meet the conditions provided for by Article 25.2 of this Code shall enter into force as from the first day of the tax period for organisations profit tax following the calendar year in which the appropriate amendments are registered by the tax authority;
4) in other instances the amendments made in the agreement on forming the consolidated group of taxpayers shall enter into force as from the date cited by the parties thereto but at earliest on the date of registration of amendments by a tax authority.
9. Evasion of making mandatory amendments in an agreement on forming a consolidated group of taxpayers shall entail termination of the agreement from the first day of the tax period for organisations profit tax in which the appropriate mandatory amendments had to enter into force.
Article 25.5. The Rights and Duties of the Responsible Participant and Other Participants in a Consolidated Group of Taxpayers
1. The responsible participant in a consolidated group of taxpayers, unless otherwise provided for by this Code, shall exercise the rights and discharge the duties provided for by this Code for taxpayers that pay organisations profit tax in the relations regulated by the legislation on taxes and fees arising in connection with operation of the consolidated group of taxpayers.
2. The responsible participant in a consolidated group of taxpayers is entitled to do the following:
1) to give to tax authorities and their officials any explanations concerning estimation and payment of organisations profit tax (making advance payments) in respect of the consolidated group of taxpayers;
2) to be present when on-site tax audits are held in connection with payment of organisations profit tax, as regards the consolidated group of taxpayers, at the location of any participant in such group and separate units thereof;
3) to receive copies of reports on tax inspections and decisions rendered on the basis of the results of inspections held in connection with payment of organisations profit tax in respect of the consolidated group of taxpayers, as well as to receive demands for paying organisations profit tax (making advance payments) and other documents connected with operation of the consolidated group of taxpayers;
4) to participate in consideration by the head (deputy head) of a tax authority of the materials of tax inspections and additional tax control activities held in connection with payment of organisations profit tax in respect of the consolidated group of taxpayers in the instances and in the procedure which are provided for by Article 101 of this Code;
5) to receive from tax authorities data on participants in the consolidated group of taxpayers which constitute tax secret;
6) to appeal in the established procedure against acts of tax authorities, other authorised bodies and actions or omission to act of their officials, in particular in the interests in individual participants in the consolidated group of taxpayers in connection with the discharge by them of the duties (exercise of the rights) involved in estimation of organisations profit tax in respect of the consolidated group of taxpayers;
7) to file an application with a tax authority for setting off (repayment) of organisations profit tax paid in excess in respect of the consolidated group of taxpayers.
3. The responsible participant in a consolidated group of taxpayers is obliged to do the following:
1) to file in the procedure and at the time which are provided for by this Code with a tax authority for registration the agreement on forming the consolidated group of taxpayers, amendments made in the agreement on forming the consolidated group of taxpayers, a decision on or a notice about termination of operation of the consolidated group of taxpayers;
2) to keep tax records, to estimate and pay organisations profit tax (make advance payments) in respect of the consolidated group of taxpayers in the procedure established by Chapter 25 of this Code;
3) to file with a tax authority the tax declaration for organisations profit tax, as well as the documents received from the other participants in the group in the procedure and at the time which are established by this Code;
4) in case of termination of operation of the consolidated group of taxpayers and/or
withdrawal of an organisation from the consolidated group of taxpayers to provide the other participants of the group (in particular those which have withdrawn from the group or have been re-organised) the data which are required for estimation and payment of organisations profit tax (making advance payments) and for drawing up tax declarations for appropriate accounting and tax periods in the procedure and at the time which are provided for by the agreement on forming the consolidated group of taxpayers;
5) to pay arrears, penalties and fines resulting from the discharge of the duties of a taxpayer paying organisations profit tax in respect of the consolidated group of taxpayers;
6) to inform participants in the consolidated group of taxpayers about receiving a demand to pay taxes and fees within five days as from the date when it is received;
7) to obtain on demand from participants in the consolidated group of taxpayers the documents, explanations and other information which are necessary for exercising by tax authorities tax control activities and for discharging the duties of a taxpayer paying organisations profit tax in respect of the consolidated group of taxpayers;
8) to present the basic documents, tax ledgers and other information in respect of the consolidated group of taxpayers demanded within the framework of tax control activities by the tax authority that has registered the agreement on forming the cited group.
4. The responsible participant in a consolidated group of taxpayers within the scope of the authority vested therein enjoy other taxpayer' s rights and discharge other taxpayer's duties provided for by this Code.
5. Participants in a consolidated group of taxpayers are bound to do the following: 1) to present (in particular in the electronic form) to the responsible participant in the
consolidated group of taxpayers estimates of the tax base for organisations profit tax in respect of their incomes and outlays, data from tax ledgers and other documents which are necessary for the responsible participant in the cited group to discharge the duties and exercise the rights of a taxpayer paying organisations profit tax in respect of the consolidated group of taxpayers;
2) to present to tax authorities at the time and in the procedure established by this Code the requested documents and other information for exercising by a tax authority tax control activities in connection with operation of the consolidated group of taxpayers;
3) to discharge the duty of paying organisations profit tax (making advance payments) in respect of the consolidated group of taxpayers, appropriate penalties and fines, should the responsible participant in this group fail to discharge such duty or to discharge it in a proper way, in the procedure established by Article 45-47 of this Code;
4) to make all the actions and to present all the documents which are necessary for registration of the agreement on forming the consolidated group of taxpayers and the amendments made therein;
5) if the conditions provided for by Article 25.2 of this Code are not observed, to promptly notify of it the responsible participant in the consolidated group of taxpayers and the tax authority that has registered the agreement on forming the cited group;
6) to keep tax records in the procedure provided for by Chapter 25 of this Code. 6. In the event of failure of the responsible participant in a consolidated group of
taxpayers to discharge or to discharge properly the duty of paying organisations profit tax (making advance payments, paying appropriate penalties and fines), the participant (participants) in this group that has (have) discharged the cited duty shall acquire the right of recourse claim to the extent and in the procedure which are provided for by the civil legislation of the Russian Federation and the agreement on forming the cited group.
7. Participants in a consolidated group of taxpayers are entitled to do the following: 1) to receive from the responsible participant in the cited group copies of acts, decisions,
demands, collation reports and other documents presented to the responsible participant by a tax authority in connection with operation of the consolidated group of taxpayers;
2) to complain independently with a superior tax authority or court against acts of tax authorities, actions or omission to act of their officials subject to the specifics provided for by this Code;
3) to discharge voluntarily the duty of the responsible participant in the consolidated group of taxpayers as to payment of organisations profit tax in respect of the consolidated group of taxpayers;
4) to be present when tax audits of the group's participant are held in connection with estimation and payment of organisations profit tax in respect of the consolidated group of taxpayers, as well as to participate in consideration of such tax inspections' results.
8. An organisation when withdrawing from a consolidated group of taxpayers is bound to do the following:
1) to make amendments in tax records from the start of the tax period for organisations profit tax in which the cited organisation ceases starting from the first day thereof to participate in the consolidated group of taxpayers, which are aimed at satisfaction of the requirements of Chapter 25 of this Code in respect of tax registration of a taxpayer that does not participate in the consolidated group of taxpayers;
2) to estimate and pay organisations profit tax (to make advance payments) on the basis of actually received profit for appropriate accounting and tax periods at the time fixed by Chapter 25 of this Code as applied to the tax period in which an organisation starting from the first day thereof ceases to participate in the consolidated group of taxpayers;
3) upon termination of the tax period in which the cited organisation starting from the first day thereof ceases to participate in the consolidated group of taxpayers to file with the tax authority at the place of registration thereof the tax declaration for organisations profit tax at the time which is provided for by Chapter 25 of this Code.
9. The responsible participant in a consolidated group of taxpayers when one or several participants thereof withdraw from the cited group is obliged to do the following:
1) to make the appropriate amendments in tax records from the start of the tax period for organisations profit tax in which the participant (participants) withdrew from the consolidated group of taxpayers;
2) to re-calculate advance payments for organisations profit tax in respect of the expired tax periods and to file with the tax authority at the place of registration thereof specified tax declarations for organisations profit tax in respect of the consolidated group of taxpayers.
10. An organisation's withdrawal from a consolidated group of taxpayers shall not relieve it of discharging in compliance with Articles 45-47 of this Code the duty of paying organisations profit tax, appropriate penalties and fines originating within the period when the organisation was a participant in such group.
This provision shall apply, regardless of whether this organisation had known or not before its withdrawal from the consolidated group of taxpayers about non-discharge of the cited duty or a violation of the legislation of the Russian Federation on taxes and fees, or the appropriate circumstances became known to the organisation after its withdrawal from the consolidated group of taxpayers.
11. Items 8-10 of this article shall also apply in case of termination of operation of a consolidated group of taxpayers before the expiry of the time period for which it was formed.
Article 25.6. The Termination of Operation of a Consolidated Group of Taxpayers 1. A consolidated group of taxpayers shall terminate its operation where there is at least
one of the following circumstances: 1) the expiry of the validity term of the agreement on forming the consolidated group of
taxpayers; 2) the dissolution of the agreement on forming the consolidated group of taxpayers as
agreed by the parties thereto; 3) the entry into legal force of the court decision on declaring the consolidated group of
taxpayers invalid; 4) failure to present to a tax authority in due time an arrangement on amending the
consolidated group of taxpayers in connection with the withdrawal from the cited group of the organisation that has failed to observe the conditions provided for by Article 25.2 of this Code;
5) re-organisation (except for re-organisation in the form of transformation) or liquidation of the responsible participant in the consolidated group of taxpayers;
6) initiation in respect of the responsible participant in the consolidated group of taxpayers insolvency (bankruptcy) proceedings in compliance with the legislation of the Russian Federation on insolvency (bankruptcy);
7) failure of the responsible participant in the consolidated group of taxpayers to satisfy the conditions provided for by Article 25.2 of this Code;
8) evasion of making mandatory amendments in the agreement on forming the consolidated group of taxpayers.
2. The acquisition (sale) of stocks (shares) in the authorised (pooled) capital (fund) of an organisation participating in a consolidated group of taxpayers that does not lead to violation of the conditions provided for by Item 2 of Article 25.2 of this Code shall not entail termination of operation of the consolidated group of taxpayers.
3. Under the circumstances cited in Subitem 2 of Item 1 of this article the responsible participant in a consolidated group of taxpayers is bound to forward to the tax authority that has registered the agreement on forming this group the decision on termination of operation of such group signed by authorised representatives of all the organisations participating in the consolidated group of taxpayers at latest in five days as from the date of adoption of the appropriate decision.
Under the circumstances cited in Subitems 1, 3-7 of Item 1 of this article the responsible participant in a consolidated group of taxpayers is bound to forward to the tax authority that has registered the agreement on forming this group a notice drawn up in an arbitrary form citing therein the date when such circumstances originated.
Within five days as from the date of receiving the documents cited in Paragraphs One and Two of this item information about termination of operation of a consolidated group of tax payers shall be forwarded by a tax authority to the tax agencies at the location of the organisations participating in the consolidated group of taxpayers, as well as to the location of separate units of the organisations participating in the consolidated group of taxpayers.
4. A consolidated group of taxpayers shall terminate its operation from the first day of the tax period for organisations profit tax following the period in which the circumstances cited in Item 1 of this article took place, unless otherwise provided for by this Code.
5. Where there are the grounds provided for by Subitem 3 of Item 1 of this article, a consolidated group of taxpayers shall terminate its operation from the first day of the accounting year for organisations profit tax in which the court decision cited in Subitem 3 of Item 1 of this article entered into legal force.
6. Where there are the grounds provided for by Subitem 4 of Item 1 of this article, a consolidated group of taxpayers shall terminate its operation from the first day of the tax period for organisations profit tax in which a participant in this group failed to meet the conditions established by Article 25.2 of this Code.
7. Where there are the grounds provided for by Subitem 5-7 of Item 1 of this article, a consolidated group of taxpayers shall termination its operation from the first day of the tax period for organisations profit tax in which the responsible participant in this group was re- organised (except for re-organisation in the form of transformation) or liquidated respectively, or insolvency (bankruptcy) proceedings were initiated in respect of such participant in compliance
with the legislation of the Russian Federation on insolvency (bankruptcy) or this responsible participant failed to meet the conditions provided for by Article 25.2 of this Code.
Chapter 4. Representation in Relations Regulated by Legislation On Taxes and Fees
Article 26. The Right to Representation in Relations Regulated by Legislation on Taxes and Fees
1. The taxpayer may participate in legal relations via his legal or authorised representative unless otherwise provided by this Code.
2. Personal participation of the taxpayer in tax legal relations shall not deprive him of the right to have a representative; likewise, participation of the representative shall not deprive the taxpayer of his right to personal participation in the above relations.
3. The powers of the representative shall be documented in accordance with this Code and other federal laws.
4. The rules provided by this Chapter shall apply to payers of fees and tax agents.
Article 27. Legal Representative of the Taxpayer 1. Legal representatives of a taxpayer organisation shall be defined as persons
authorised to represent this organisation on the basis of law or its founding documents. 2. Legal representatives of an individual taxpayer shall be defined as persons acting as
his representatives under the civil law of the Russian Federation.
Article 28. Actions (Inaction) of Legal Representatives of Organisations Actions (inaction) of legal representatives of organisations performed in connection with
the participation of this organisation in tax legal relations shall be recognised as actions (inaction) of this organisation itself.
Article 29. Authorised Representative of the Taxpayer 1. An authorised representative of the taxpayer shall be defined as an individual or a
legal entity authorised by the taxpayer to represent his interests in his relations with the tax authorities (customs agencies) or other parties to relations regulated by tax and fee legislation.
2. Officials of tax bodies, customs agencies, internal affairs bodies, judges, investigators or public prosecutors may not be authorised representatives of taxpayers.
3. An authorised representative of a taxpayer shall exercise his authority on the basis of a power of attorney issued as prescribed by the civil law of the Russian Federation, if not otherwise provided for by this Code.
An authorised representative of an individual taxpayer shall exercise his authority on the basis of a power of attorney notarially certified or a power of attorney equated with one notarially certified in accordance with civil law.
4. The responsible participant in a consolidated group of taxpayers shall be an authorised representative of all the participants in the consolidated group of taxpayers on the basis of law. Regardless of the provisions of an agreement on forming a consolidated group of taxpayers, the responsible participant in this group is entitled to represent the cited consolidated group's participants in the following legal relations:
1) in the legal relations connected with registration with tax authorities of the agreement on forming the consolidated group of taxpayers, as well as of the amendments made in this
agreement and the decision on extending the agreement's validity term and its termination; 2) in the legal relations connected with the recovery by enforcement from a participant in
the consolidated group of taxpayers arrears of organisations profit tax in respect of the consolidated group of taxpayers;
3) in the legal relations connected with making an organisation answerable for the tax offences made in connection with participation in the consolidated group of taxpayers;
4) in other instances when the nature of the actions (omission to act) is such that they directly concern the rights of an organisation which is a participant in the consolidated group of taxpayers.
5. Upon the expiry of the validity term of an agreement on forming a consolidated group of taxpayers, its preschedule dissolution or termination the person which is the responsible participant in this group shall preserve the authority provided for by Item 4 of this article.
6. The person which is the responsible participant in a consolidated group of taxpayers is entitled to delegate the authority involved in representing the interests of this group's participants to third persons, granted thereto under this Code, in the procedure established by the civil legislation of the Russian Federation.
Federal Law No. 404-FZ of December 28, 2010 amended the title of Section III of this Code. The amendments shall enter into force on January 15, 2011 See the title in the previous wording
Section III. Tax Bodies. Customs Agencies. Financial Bodies. Internal Affairs Bodies. Investigatory Bodies. The Responsibility of the Tax Bodies, the Customs Agencies,
Funds, the Internal Affairs Bodies, Investigatory Bodies and Their Officials
Chapter 5. Tax Bodies, Customs Agencies. Financial Bodies. The Responsibility of the Tax Bodies, the Customs Agencies and
Their Officials
Article 30. Tax Authorities in the Russian Federation
1. The tax bodies shall constitute a single centralised system of control over the observance of the taxation legislation, over the calculation, fullness and timeliness of the entry of taxes and fees in the respective budget, and in cases, stipulated by the legislation of the Russian Federation, over the calculation, fullness and timeliness of payment (remittance) of taxes and fees to the budget system of the Russian Federation. The said system includes the federal executive body authorised to exercise control and supervision in the area of taxes and fees, and its territorial agencies.
2. Abolished 3. The tax authorities shall act within their competence and in accordance with the
legislation of the Russian Federation. 4. The tax bodies shall perform their functions and cooperate with the federal executive
bodies, the executive bodies of the subjects of the Russian Federation, the local self- government bodies and state extra-budgetary funds through the realisation of the powers provided for by this Code and other normative legal acts of the Russian Federation.
Article 31. The Rights of the Tax Authorities
1. The tax authorities shall have the right:
1) to demand from a taxpayer, a payer of fee or a tax agent in compliance with the legislation on taxes and fees documents in the forms and/or formats in electronic form established by the state bodies and local self-government bodies to serve as grounds for calculation and payment (deductions and transfers) of taxes and fees, and also documents confirming the correctness of calculation and timeliness of payment (deduction and transfer) of taxes and fees;
2) to carry out tax inspections in the order established by this Code; 3) to seize documents, during tax inspections of a taxpayer, payer of a fee or a tax agent,
in cases when there are sufficient grounds to believe that these documents will be destroyed, concealed, changed or replaced;
4) to summon to tax agencies taxpayers, payers of fees or tax agents to give pertinent explanations by means of written notices in connection with payment (deduction or transfer) of taxes by them or in connection with a tax inspection, and also in other cases associated with the execution by them of the legislation on taxes and fees;
5) to suspend transactions on the accounts of taxpayers, payers of fees and tax agents opened with banks and to sequester the property of taxpayers, payers of fees and tax agents in the order provided for by this Code;
6) to inspect in the procedure provided for by Article 92 of this Code workrooms, depots, trading and other premises and areas used by taxpayers to derive income or connected with the maintenance of the objects of taxation, regardless of their location, to draw up an inventory of the property belonging to taxpayers. A procedure for drawing up an inventory of the taxpayer's property during a tax inspection shall be endorsed by the Ministry of Finance of the Russian Federation;
7) to determine the sums of taxes to be paid by taxpayers to the budget system of the Russian Federation calculated on the basis of available information about a taxpayer, and also of the data on other similar taxpayers in case of the refusal of the taxpayer to admit tax officials to inspect workrooms, depots, trading and other premises and areas, used by the taxpayer to derive income or connected with the maintenance of objects of taxation, in case of the refusal to submit to a tax body documents necessary for the calculation of taxes within more than two months, in case of the absence of the record-keeping of incomes and expenses, of the objects of taxation or in case of keeping records in contravention of the established order that has led to the impossibility of calculating taxes;
8) to demand that taxpayers, tax agents and their representatives should remove the revealed breaches of the legislation on taxes and fees and to control the fulfilment of the said requirements;
9) to recover tax and fee arrears, and also penalties, interest and fines in the instances and in the procedure established by this Code;
10) to demand from banks the documents confirming the fact of writing off the amounts of taxes, fees, penalties and fines from the accounts of taxpayers, payers of fees or tax agents and from correspondent accounts of banks and remittance thereof to the budget system of the Russian Federation;
11) to attract specialists, experts and interpreters for tax control; 12) to summon as witnesses persons who may know any circumstances of relevance to
tax control; 13) to apply for the cancellation or suspension of licences for the exercise of certain
types of activities of legal entities and natural persons;
14) to make the following claims (applications) with courts of general jurisdiction or with courts of arbitration:
claims for recovery of arrears, penalties and fines for tax offences in the cases provided for by this Code;
claims for repair of damage caused to the State and (or) a municipal formation as a result of unlawful actions of a bank as to writing monetary funds off a taxpayer's account after receiving the decision of the tax authority on suspending operations on it, this making impossible the recovery by a tax authority of arrears in, and debts on, penalties and fines from the taxpayer in the procedure provided for by this Code;
claims for early dissolution of a contract of investment tax credit; in other cases provided for by this Code. 2. The tax authorities shall also exercise other rights provided for by this Code. 3. The superior tax authorities shall have the right to revoke decisions rendered by lower-
ranking tax bodies in case of inconsistency of the said decisions with the legislation on taxes and fees.
4. The forms and formats for the documents stipulated in this Code, which are used by the tax bodies when exercizing their powers in relations, regulated by the legislation on taxes and fees, as well as the procedure for filling out the forms of the cited documents and the procedure for presenting such documents in electronic form via telecommunication channels shall be approved by the federal executive power body authorised to exert control and supervision in the area of taxes and fees, unless a different procedure for their approval is envisaged in this Code.
Article 32. Duties of the Tax Authorities 1. Tax authorities shall be obliged to: 1) comply with the legislation on taxes and fees; 2) monitor observation of the legislation on taxes and fees, as well as of other normative
legal acts in compliance therewith; 3) keep records of the organisations and natural persons in the established procedure; 4) inform free of charge (in written form as well) taxpayers, payers of fees and tax agents
about current taxes and fees, the legislation on taxes and fees and normative legal acts adopted in conformity with it, the procedure for calculation and payment of taxes and fees, the rights and duties of taxpayers, payers of fees and tax agents, the powers of the tax authorities and their officials, and also to submit the forms of tax returns (calculations) and explain the procedure for their completion;
See Administrative Rules of Procedure of the Federal Tax Service for exercising the state function of free-of-charge informing (in particular in writing) of taxpayers, payers of fees and tax agents about effective taxes and fees, the legislation on taxes and fees and normative legal acts adopted in compliance with it, about the procedure for estimation and payment of taxes and fees, rights and duties of taxpayers, payers of fees and tax agents, about the authority of tax agencies and officials thereof, as well as of presenting forms of tax returns and explaining the procedure for filling them in approved by Order of the Ministry of Finance of the Russian Federation No. 9n of January 18, 2008
5) be guided by written explanations of the Ministry of Finance of the Russian Federation as regards the application of the legislation of the Russian Federation on taxes and fees;
6) inform taxpayers, payers of fees and tax agents, when they are registered with the tax authorities, of data on the requisite elements of the appropriate accounts of the Federal
Treasury, as well as to bring to the knowledge of taxpayers, payers of fees and tax agents in the procedure defined by the federal executive body in charge of control and supervision in the field of taxes and fees, data on changes in the requisite elements of these accounts and other data required for completing orders to remit taxes, fees, penalties and fines to the budget system of the Russian Federation;
7) render decisions on repayment to taxpayers, payers of fees or tax agents the amounts of taxes, fees, penalties and fines paid or recovered in excess, send orders drawn up on the basis of these decisions to the appropriate territorial agencies of the Federal Treasury for execution and set off the amounts of taxes, fees, penalties and fines paid or recovered in excess in the procedure provided for by this Code;
8) observe tax secrets and ensure their keeping; 9) forward to the taxpayer, payer of fees or tax agent copies of tax audit acts and
decisions of a tax authority, as well as in the cases provided for by this Code, the tax notice and (or) the demand to pay a tax or fee.
10) present to a taxpayer, payer of fees or tax agent by request thereof references in respect of the state of the said person's settlements, as regards taxes, fees, penalties and fines, on the basis of data available to a tax authority.
A requested reference shall be presented (shall be transmitted via telecommunication lines) within five working days as of the date of receiving by a tax authority of the appropriate request in writing of a taxpayer, payer of fees or tax agent;
10.1) to present to the responsible participant in a consolidated group of taxpayers at the request thereof forwarded within the scope of authority granted thereto reference notes in respect of the state of settlements of the consolidated group of taxpayers and of the participants of this group, as regards organisations profit tax;
11) jointly collate on the basis of an application of a taxpayer, payer of a fee or tax agent estimations of taxes, fees, penalties and fines. The results of a joint collation of estimations of taxes, fees, penalties and fines shall be legalized in the from of a report. A report on joint collation of estimations of taxes, fees, penalties and fines shall be handed in (sent by registered mail) or transferred to a taxpayer (payer of a fee, tax agent) in electronic form via telecommunication channels within the following day after the date when such report is drawn up.
The form and formats of a report on joint collation of estimations of taxes, fees, penalties and fines, as well as the procedure for its transmittance in electronic form via telecommunication channels, shall be endorsed by the federal executive power body authorised to exercise control and supervision in respect of taxes and fees;
12) issue, on the application of a taxpayer, payer of fees or tax agent, copies of the decisions adopted by a tax authority in respect of this taxpayer, payer of fees or tax agent.
13) on the basis of an application of the responsible participant in a consolidated group of taxpayers to issue copies of the decisions adopted by a tax authority in respect of the consolidated group of taxpayers.
2. Tax bodies shall also perform other duties provided for by this Code and other federal laws.
Federal Law No. 404-FZ of December 28, 2010 amended Item 3 of Article 32 of this Code. The amendments shall enter into force on January 15, 2011 See the Item in the
previous wording 3. If within two months from the date of the expiry of the time period fixed for following the
demand to pay a tax (fee) forwarded to a taxpayer (payer of fees, tax agent) on the basis of the decision on calling to account for making a tax offence, the taxpayer (payer of fees, tax agent) does not pay off (does not remit) in full the sums of arrears specified by this demand whose extent makes it possible to suppose that there is a breach of the legislation on taxes and fees with the signs of a crime, of appropriate penalties and fines, the tax authorities shall be obliged within 10 days as of the date of detecting the said circumstances to send the relevant documents to the investigatory bodies authorised to carry out preliminary investigation of criminal cases on the crimes provided for by Articles 198 - 199.2 of the Criminal Code of the Russian Federation (hereinafter referred to as investigatory bodies) for the purpose of deciding on the initiation of criminal proceedings.
Article 33. Duties of Officials of the Tax Bodies Officials of the tax bodies shall: 1) act in strict compliance with this Code and other federal laws; 2) realize the rights and duties of the tax bodies within the scope of their competence; 3) treat duly and courteously taxpayers, their representatives and other participants of the
relations regulated by the legislation on taxes and fees; respect their honour and dignity.
Article 34. The Authorities of Customs Bodies and Duties of Customs Officials with Respect to Taxes and Fees
Federal Law No. 306-FZ of November 27, 2010 amended Item 1 of Article 34 of this Code. The amendments shall enter into force on January 1, 2011 but not earlier than upon the expiry of one month from the day of the official publication of the said Federal Law
1. The customs bodies of the Russian Federation shall use the rights and perform the duties of tax bodies to collect taxes in connection with the movement of goods across the border of the Customs Union as per the customs legislation of the Customs Union and the customs legislation of the Russian Federation, this Code and other federal laws on taxes, as well as other federal laws.
Federal Law No. 306-FZ of November 27, 2010 amended Item 2 of Article 34 of this Code. The amendments shall enter into force on January 1, 2011 but not earlier than upon the expiry of one month from the day of the official publication of the said Federal Law
2. Customs officials shall perform the duties as established by Item 1 of Article 33 of this Code as well as other duties as per the customs legislation of the Customs Union and the customs legislation of the Russian Federation.
Article 34.1. Abolished Article 34.2. The Powers of the Financial agencies in the Sphere of Taxation
1. The Ministry of Finance of the Russian Federation shall give written explanations to taxpayers, the responsible representative of a consolidated group of taxpayers, payers of fees and tax agents on the matters of application of the legislation of the Russian Federation on taxes and fees.
2. The financial bodies of the constituent entities of the Russian Federation and municipal formations shall give written explanations to taxpayers and tax agents on the questions of the application of the legislation of the subjects of the Russian Federation on taxes and fees and of the normative legal acts of municipal formations on local taxes and fees.
3. The Ministry of Finance of the Russian Federation, financial bodies of the constituent entities of the Russian Federation and of municipal formations shall give written explanations within the scope of authority thereof within two months as of the date of receiving the appropriate request. The said time period may be extended by decision of the head (deputy head) of the appropriate financial body but at the most by one month.
Article 35. Liability of Tax Bodies, Customs Bodies, and Also Their Officials
1. Tax bodies, customs bodies shall be liable for losses inflicted on taxpayers, payers of fees and tax agents as a result of unlawful actions (decisions), actions or inaction of the former as well as unlawful actions (decisions) or inaction of the officials and other employees of those bodies in performing their office duties.
The losses incurred by the taxpayers, payers of fees and tax agents shall be reimbursed at the expense of the federal budget in the procedure envisaged in this Code or other federal laws.
2. Abolished 3. The officials and other employees of the bodies specified in Item 1 of this Article guilty
of unlawful actions or the absence of actions shall bear responsibility provided for in the legislation of the Russian Federation.
Federal Law No. 404-FZ of December 28, 2010 amended the title of Chapter 6 of this Code. The amendments shall enter into force on January 15, 2011 See the title in the previous wording
Chapter 6. Internal Affairs Bodies. Investigatory Bodies
Federal Law No. 404-FZ of December 28, 2010 amended Article 36 of this Code. The amendments shall enter into force on January 15, 2011 See the Article in the previous wording
Article 36. Powers of Internal Affairs Bodies and Investigatory Bodies 1. Internal affairs bodies at the request of tax bodies shall participate, jointly with tax
bodies, in field tax inspections held by tax bodies. 2. In the event of detecting the circumstances requiring the commitment of actions,
attributed by this Code to the authority of tax bodies, internal affairs bodies and investigatory bodies shall be obliged within ten-day term, as of the date of detecting said circumstances, to direct materials to an appropriate tax body for deciding on them.
Federal Law No. 404-FZ of December 28, 2010 amended Article 37 of this Code. The amendments shall enter into force on January 15, 2011 See the Article in the previous wording
Article 37. Liabilities of the Internal Affairs Bodies, Investigatory Bodies and Their Officials
1. Internal affairs bodies and investigatory bodies shall be held liable for any losses inflicted on taxpayers, payers of fees and tax agents as a result of their (tax police bodies) unlawful actions (decisions) or absence thereof, likewise unlawful actions (decisions) or the absence of actions on part of the officials and other employees of those bodies in performance of their official duties.
The losses incurred by the taxpayers, payers of fees and tax agents when taking measures provided for by Item 1 of Article 36 of this Code, shall be reimbursed at the expense
of the federal budget in the procedure envisaged by this Code and other applicable federal laws.
2. The officials and other employees of internal affairs bodies, as well as officials of investigatory bodies, guilty of unlawful actions or the absence thereof shall bear responsibility as per the legislation of the Russian Federation.
Section 4. General Rules for the Fulfillment of the Obligation to Pay Taxes and Fees
Chapter 7. Objects of Taxation
Federal Law No. 154-FZ of July 9, 1999 amended Article 38 of this Code The amendments shall enter into force upon the expiry of one month from the day of the official publication of the said Federal Law See the previous text of the Article
Article 38. Object of Taxation
1. Operations in the sale of goods (works, services), property, profit, income, expense or other object having a cost, quantitative or physical characteristic whose existence is linked to the emergence of a tax liability of the taxpayer shall be deemed an object of taxation.
Each tax has an independent object of taxation defined in compliance with part II of this Code and taking account of the provisions of this Article.
2. Property in this Code shall be understood to mean types of objects of civil rights (except for property rights) referred to as property according to the Civil Code of the Russian Federation.
Federal Law No. 306-FZ of November 27, 2010 amended Item 3 of Article 38 of this Code. The amendments shall enter into force on January 1, 2011 but not earlier than upon the expiry of one month from the day of the official publication of the said Federal Law
3. For the purpose of this Code goods shall be any property sold or to be sold. Any other property as defined by in compliance with the customs legislation of the Customs Union and the customs legislation of the Russian Federation shall be also classed as goods in order to regulate the relations connected with collection of customs duties.
4. Works for taxation shall be any activity the results of which have tangible expression and may be realized to meet the needs of an organisation and/or natural persons.
5. Services for taxation shall be any activity the results of which do not have tangible expression, are realized and consumed in the process of performance of such activity.
6. As identical commodities (works and services) are recognised for the purposes of this Code commodities (works and services) with similar principal characteristic features. When determining the identity of commodities, insignificant distinctions in their external appearance may be ignored.
When determining the identity of commodities, into account shall be taken their physical characteristics, their standard, functional purpose, country of origin and manufacturer, as well as the latter's business reputation on the market and the used trade mark.
When determining the identity of works (services), the characteristics of the contractor (executor), his business reputation on the market and the trade mark he uses shall also be taken into account.
7. For the purposes of this Code, as similar are recognised those commodities which, while not being identical, still possess similar characteristics and consist of similar components, which makes it possible for them to fulfil one and the same functions and (or) to be commercially interchangeable. When determining the commodities' similarity, account shall be taken of their standard, reputation on the market, trade mark and country of origin.
As similar works (services) are recognised the works (services) which, while not being identical, possess similar characteristics, which makes it possible for them to be commercially and (or) functionally interchangeable. When determining the works' (services') similarity, into account shall be taken their standard, trade mark, reputation on the market, as well as the kind of the works (services), their volume, uniqueness and commercial interchangeability.
Federal Law No. 154-FZ of July 9, 1999 amended Article 39 of this Code The amendments shall enter into force upon the expiry of one month from the day of the official publication of the said Federal Law See the previous text of the Article
Article 39. Realization [Sale] of Goods, Works (Services) 1. Realization (sale) of goods, works (services) by an organisation or an individual
entrepreneur shall be respectively construed as the transfer of title to goods, transfer of results of completed works from one person to another, repayable provision of services by one person for another (including an exchange of goods, works, or services) for a compensation, or, in cases provided for in this Code, the transfer of the right of ownership of goods, of the results of performed works by one person for another person, the rendering of services by one person to another person free of charge.
2. The place and date of actual realization of goods (works, services) shall be determined as per the special parts of this Code.
3. The following shall be not deemed as realization of goods (works, services): 1) performance of transactions in connection with circulation of Russian or foreign
currency (unless the purpose of such transactions is numismatics); 2) transfer of fixed assets, intangible assets and (or) other assets by an organisation to
its successor (successors) when such organisation is reorganised; 3) transfer of fixed assets, intangible assets and/or other property to non-profit
organisations for the performance of the main statutory activity unrelated to business activity;
4) the transfer of assets, if such transfer is of an investment character (in particular, contributions to the authorised (pooled) capital of economic companies and partnerships, contributions under a contract of simple partnership (a contract of joint work), agreement of investment partnership, shares in cooperatives' income funds);
4.1) the transfer of property and/or property rights under a concession agreement in accordance with the legislation of the Russian Federation;
5) transfer of assets within the limits of the original contribution to a participant of an economic entity or partnership (its successor or inheritor) when such participant leaves (withdraws) the company or the partnership as well as in distribution of assets of a liquidated economic entity or a partnership between its participants;
6) transfer of assets within the limits of the original contribution to a participant of a simple partnership agreement (joint activity agreement), an agreement of investment partnership or its successor when his share of assets is singled out from the assets in common
ownership of the agreement participants or when such assets are divided; 7) transfer of residential premises in state or municipal houses when they are privatized; 8) withdrawal of property by way of its confiscation, inheritance of property as well as
giving into other persons' ownership abandoned things and things or animals with no identified owner, findings and hidden treasures, as per the provisions of the Civil Code of the Russian Federation;
8.1) property's transfer to participants of an economic company or partnership when distributing property or property rights of an organisation being liquidated which is a foreign organiser of the XXII Winter Olympic Games and XI Winter Paralympic Games of 2014 in the town of Sochi or a market partner of the International Olympic Committee in compliance with Article 3.1 of Federal Law No. 310-FZ of December 1, 2007 on the Organisation and Holding of the XXII Winter Olympic Games and XI Winter Paralympic Games of 2014 in the Town of Sochi, on the Development of the Town of Sochi as a Mountain Climatic Health Resort and on Amending Certain Legislative Acts of the Russian Federation. This provision shall apply if the establishment and liquidation of an organisation which is a foreign organiser of the XXII Winter Olympic Games and XI Winter Paralympic Games of 2014 in the town of Sochi or a market partner of the International Olympic Committee in compliance with Article 3.1 of the cited Federal Law are effected within the period of organisation of the XXII Winter Olympic Games and XI Winter Paralympic Games of 2014 in the town of Sochi which is fixed by Part 1 of Article 2 of the cited Federal Law;
9) other transactions in cases provided for by this Code.
On the peculiarities of application of Item 3 of Article 39 of the Tax Code of the Russian Federation, see the Methodological Recommendations on the application of Chapter 22 "Excise Taxes" of Part 2 of the Tax Code of the Russian Federation (excisable mineral raw materials) Order of the Ministry of Taxation of the Russian Federation No. BG-3-03/440 of December 18, 2000
Article 40. Principles for Determining the Price of Goods (Works, Services)
According to Federal Law No. 227-FZ of November 18, 2011 the provisions of Article 40 of this Code shall be applied from January 1, 2012 solely to transactions, the income and (or) the outlays from (on) which are declared in conformity with Chapter 25 of this Code before the day of entry into force of the said Federal Law
1. Unless otherwise provided by this Article, for the purposes of taxation the prices of goods, work services shall be those stated by parties to transactions. Until proven otherwise, it shall be assumed that these prices correspond to the level of market prices.
2. Tax authorities, during the exercise of control over the calculation of taxes, shall be entitled to verify the correctness of the prices used in transactions only in the following cases:
1) between related persons; 2) commodity swap (barter) transactions; 3) at the time of completing foreign trade transactions; 4) in the case of the movement of prices upwards or downwards by more than 20 per
cent of the level of prices applicable by a taxpayer to identical (homogeneous) goods (works, services) within a short period of time.
According to Federal Law No. 147-FZ of July 31, 1998 on Putting Into Force Part I of the Tax Code of the Russian Federation provisions provided for by Item 3 of this Article shall not apply
in the estimation of market prices of financial instruments, forward transactions and securities before the enforcement of the Second Part of the Tax Code of the Russian Federation
3. In cases provided for by Item 2 of this Article, when the prices of goods, works or services applied by the parties to a transaction deviate upwards or downwards for more than 20 per cent from the market price of identical (homogenous) goods (works or services), the tax body shall have the right to pass a justified decision on the additional charge of tax and a penalty, calculated as if the results of this transaction would have been assessed on the basis of the application of market prices for relevant goods, works or services.
The market price shall be determined with an eye to the provisions of Items 4-11 of this Article. Premium prices or concessions shall be taken into account, which are usual upon the conclusion of transactions between non-mutually dependent persons. In particular, it is necessary to take into account the discounts caused by:
seasonal or other swings of consumer demand for goods (works, services); the loss of quality or other consumer properties of goods; the expiry (or the approach of the date of expiry) of the serviceable life or sale of goods; the marketing policy, especially at the time of the sales promotion to markets of new
unique goods, and also at the time of the sales promotion to new markets of goods (works, services);
the sale of experimental models and samples of goods for the purpose of the familiarization of customers with them.
4. The market price of goods (works, services) shall be understood as the price resulting from the interaction between supply and demand on the market of identical (or, in the absence of such, similar) goods (works, services) in comparable economic (business) conditions.
5. The market of goods (works, service) shall be understood as the sphere of circulation of these goods (works, services) determined based on the ability of the buyer (seller) to realistically purchase (sell) the goods (work, services) in the territory which is the closest with respect to the buyer (to the seller) inside or outside the Russian Federation, without running any significant additional costs.
6. Identical goods shall be understood as goods whose characteristic basic features are the same.
Features to be taken in to account when determining whether goods are identical, shall include, without being limited to, their physical characteristics, quality, market reputation, the country of origin and the producer. Insignificant differences in the appearance of goods may not be taken into consideration for the purposes of determining whether goods are identical.
7. Similar goods shall be understood as goods that short of being identical have similar characteristics and consist of similar components, which allows them to perform the same functions and (or) be commercially interchangeable.
Features to be taken into account when determining whether goods are similar shall include, without being limited to, their quality, availability of a trademark, market reputation, country of origin.
8. When determining the market price of goods(works, services) transactions between unrelated persons shall be taken into account. Transactions between related persons can be taken into account in those cases when the relation that exists between these persons did not affect the outcome of such transactions.
9. While determining the market prices of goods, works or services, it is necessary to take into account information about transactions made at the time of sale of these goods, works or services in identical (homogenous) goods, works or services in comparable conditions. It is necessary to take into account such terms of transactions as the quantity (volume) of supplied goods (e.g. the size of a lot of goods), the time for the execution of obligations, the terms of
payment, usually applicable in transactions of this kind, and also other reasonable conditions, which may influence prices.
The terms of transactions on the market of identical (and in their absence homogenous) goods, works, or services shall be recognised as comparable, if the difference between such terms either does not influence substantially the price of such goods, works or services or may be taken into account with the aid of adjustments.
According to Federal Law No. 147-FZ of July 31, 1998 on Putting Into Force Part I of the Tax Code of the Russian Federation provisions provided for by Item 10 of this Article shall not apply in the process of determining market prices of financial instruments, forward transactions and securities before the enforcement of the Part II of the Tax Code of the Russian Federation
10. In the absence of transactions in identical (homogenous) goods, works, services on the corresponding market of such goods, works or services or in the absence on this market of the supply of such goods, works or services, and also when it is impossible to determine appropriate prices because of the absence or the inaccessibility of information sources for the determination of a market price, use shall be made of the method of the price of subsequent sale, under which the market price of goods, works, services sold by the seller is assessed as the difference of the price for which such goods, works or services were sold by the buyer of these goods, works or services in the case of their subsequent sale (resale) and the expenses which are usual in similar cases borne by this buyer during the resale (with disregard for the price for which goods, works or services were acquired by the said buyer from the seller) and during the promotion in the market of the goods, works or services acquired from the buyer, and also during the receipt of the profit by the buyer that is usual in the given sphere of activity.
When it is impossible to use the method of the price of subsequent sale (in particular, in the absence of information about the price of goods, works or services later sold by the buyer) use shall be made of the cost method, under which the market price of the goods, works or services sold by the seller is determined as a sum of the effected costs and the profit which is usual for the given sphere of activity. In this case it is necessary to take into account the direct and indirect expenses on the production (acquisition), which are usual in similar cases, and (or) the sale of goods, works or services, the usual expenses on transportation, storage, insurance and other such expenses;
11. The information used for determining and recognising the market price of goods (works, services) shall include official sources of information on market prices of goods (works, services), exchange quotations.
12. When hearing a case, a court shall be entitled to take into account any circumstances that have a bearing upon the determination of results of a transaction, without being limited to those listed under Items 4-11 of this Article.
13. When goods (works or services) are sold at state-controlled prices (tariffs), fixed in accordance with the legislation of the Russian Federation, the said prices (tariffs) shall be accepted for taxation purposes.
14. In determining the market prices of securities and financial instruments of time transactions, the provisions of Items 3 and 10 of this Article shall be applied in a manner which takes into account the special provisions of Chapter 23 "Tax on Natural Persons' Income" of this Code and Chapter 25 "Tax on Profit of Organisations" of this Code.
Article 41. Principles of Determining Income Pursuant to this Code, income shall be understood as economic gain in the form of
money or in kind, that shall be taken into account, if it can be estimated and to the extent that
this gain can be estimated, and determined in accordance with Chapters "Tax on Income of Natural Persons", "Enterprise (Organisation) Income Tax" of this Code.
Article 42. Income from Sources Inside and Outside the Russian Federation 1. The incomes of a taxpayer may be attributed to the incomes from the sources in the
Russian Federation or to the incomes from the sources beyond the confines of the Russian Federation in accordance with the Chapters "Tax on Organisations' Profit" and "Tax on Income of Natural Persons" in the present Code.
2. If the provisions of this Code do not allow one to unequivocally classify the income received by a taxpayer as either income from sources inside the Russian Federation, or income from sources outside the Russian Federation, this determination shall be made by the federal executive body authorised to exercise control and supervision in the area of taxes and fees. The share of income that can be attributed to sources inside the Russian Federation and shares that can be attributed to sources in other countries shall be determined in a similar way.
Federal Law No. 154-FZ of July 9, 1999 amended Article 43 of this Code The amendments shall enter into force upon the expiry of one month from the day of the official publication of the said Federal Law See the previous text of the Article
Article 43. Dividends and Interest 1. Any income received by a shareholder (participant) from an organisation through
allocation of its after-tax profits (including income in the form of interest on preference shares) to shares (stakes), owned by such shareholder (participant) shall constitute a dividend in proportion to the shares of shareholders (participants) in the authorised (pooled) capital of the organisation.
Dividends also include any incomes received from the sources beyond the confines of the Russian Federation and classed as dividends in accordance with the legislation of foreign states.
2. The following shall not constitute a dividend: 1) payments received by a shareholder (participant) of an organisation in cash or in kind
which do not exceed the contribution of this shareholder (participant) to the authorised (pooled) capital of the organisation in the event of a liquidation of said organisation;
2) payments to shareholders (participant) of an organisation in the form of transfer of shares of that organisation into their property;
3) payments to a non-profit organisation for the conduct of its main statutory activity (unrelated to business), made by economic companies whose authorised capital consists in full of the contributions of this non-profit organisation.
3. Interest shall be construed as any income announced (established) in advance, including income in the form of a discount, received on debt obligations of any kinds (irrespective of their form). Interest shall include, among other things, income on cash deposits and debt obligations.
Chapter 8. Fulfillment of the Obligation to Pay Taxes and Fees
Article 44. Emergence, Alteration and Termination of Obligation for Payment of a Tax or Fee
1. The obligation to pay a tax or fee shall emerge, alter and terminate on the grounds established by this Code or other acts of legislation on taxes and duties.
2. An obligation to pay a specific tax shall be imposed on a taxpayer/payer of duty with the emergence of grounds that require payment of this tax or duty, as established by the legislation on taxes and duties.
3. An obligation to pay a tax and/or duty shall terminate in the following cases:
1) once the taxpayer, payer of a fee and/or participant in a consolidated group of taxpayers pays the tax and/or the fee, where it is provided for by this Code;
2) abrogated from January 1, 2007; 3) with the death of a taxpaying natural person or recognition of him/her as decedent in
accordance with the procedure established by the civil procedural legislation of the Russian Federation. The liability of the decedent or one recognised as decedent with respect to the taxes cited in Item 3 of Article 14 and in Article 15 of this Code shall be repayable by his/her heirs on the account of inheritable estate thereof in the procedure established by the civil legislation of the Russian Federation for paying off the testator's debts by the heirs thereof;
4) liquidation of an institutional taxpayer after settling all claims of the budget system of the Russian Federation in accordance with Article 49 of this Code;
5) appearance of other circumstances which are connected with termination of the obligation to pay the appropriate tax or fee by virtue of the legislation on taxes and fees.
Article 45. Fulfilment of an Obligation to Pay a Tax or a Fee 1. It shall be the duty of a taxpayer to fulfill the obligation to pay taxes on their own,
unless otherwise provided for by the legislation on taxes and duties. The duty of paying organisations profit tax in respect of a consolidated group of taxpayers shall be discharged by the responsible participant in this group, unless otherwise provided for by this Code.
The obligation to pay a tax shall be fulfilled within the time limits established by the legislation on taxes and fees. A taxpayer or, where it is provided for by this Code, a participant in a consolidated group of taxpayers shall have the right to fulfill his obligation to pay taxes ahead of time.
Default on the duty of tax payment or improper discharge of this duty shall serve as a ground for sending a claim for tax payment to the taxpayer (to the responsible participant in a consolidated group of taxpayers) by a tax body or customs agency.
2. In case of failure to pay, or failure to pay the full amount of, tax in due time, the tax debt shall be recovered in the procedure provided for by this Code.
A tax shall be recovered from an organisation and an individual businessman in the procedure provided for by Articles 46 and 47 of this Code. A tax shall be collected from a natural person who is not an individual businessman in the procedure provided for by Article 48 of this Code.
A tax shall be recovered in the judicial procedure: 1) from an organisation that has opened the personal account; 2) for the purpose of recovering arrears not paid off within over three months by
organisations which under the civil legislation of the Russian Federation are dependent (branch) companies (enterprises), from the appropriate parent (dominating, participating) companies (enterprises) in the cases when the proceeds from selling commodities (carrying out works and rendering services) by dependent (branch) companies (enterprises) are entered to the formers' bank accounts, as well as by organisations which are under the civil legislation of the Russian Federation parent (dominating, participating) companies (enterprises), from dependent (branch) companies (enterprises) when proceeds from selling commodities (carrying out works or rendering services) by the parent (dominating, participating) companies (enterprises) are entered to the formers' bank accounts;
3) from an organisation or an individual businessman, if their obligation to pay tax is based upon changing by a tax authority of the legal qualification of a transaction made by such taxpayer or the status or nature of such taxpayer's activity.
4) from an organisation or an individual businessman, if their liability for the payment of the tax has arisen in accordance with the results of a check by the federal executive power body, authorised for the exertion of control and supervision in the area of taxes and fees, of the fullness of calculation and payment of taxes in connection with making transactions between mutually interdependent persons.
3. A tax obligation shall be considered fulfilled by the taxpayer or, where it is established by this Code, by a participant in a consolidated group of taxpayers unless otherwise provided for by Item 4 of this Article:
1) from the time an order to remit the tax in question to the budget system of the Russian Federation onto the appropriate account of the Federal Treasury from a taxpayer's bank account is presented to the bank, provided that the monetary balance of the taxpayer's account as of the date of payment is sufficient to make the payment;
1.1) from the moment of the handover by the natural person to the bank of the instruction on the transfer into the budgetary system of the Russian Federation to the corresponding account of the Federal treasury without the opening of the account with the bank of the money resources given to the bank by the natural person subject to their sufficiency for the transfer;
2) from the time of showing on the personal account of the organisation, that has opened the personal account, of the operation of remitting the appropriate monetary funds to the budget system of the Russian Federation;
3) from the date of entering by a natural person to a bank or cashier's office of the local government authority or to the federal postal communication office monetary funds in cash for remittance to the budget system of the Russian Federation onto the appropriate account of the Federal Treasury;
4) from the date of rendering by a tax authority in compliance with this Code of a decision to set off the amounts of taxes, penalties or fines, paid or recovered in excess, on account of discharging the duty of paying appropriate tax;
5) from the date of deducting the amount of tax by a tax agent, if the duty of calculation and deduction of tax from a taxpayer's monetary funds is imposed upon the tax agent;
6) from the day of making the declaration payment in accordance with the federal law on the simplified procedure for declaring incomes by natural persons.
4. The duty of paying tax shall not be deemed discharged in the following cases: 1) withdrawal by a taxpayer or return by a bank to a taxpayer of an unexecuted order to
remit the appropriate monetary funds to the budget system of the Russian Federation; 2) withdrawal by a taxpaying organisation that has opened the personal account or return
to a taxpayer by the Federal Treasury agency (by other authorised agency engaged in opening and keeping personal accounts) of an unexecuted order to remit the appropriate monetary funds to the budget system of the Russian Federation;
3) return by a local government authority or by a federal postal communication agency to a taxpaying natural person of the monetary funds in cash accepted for their remittance to the budget system of the Russian Federation;
4) taxpayer's failure to show in the order to remit the amount of tax the correct number of the Federal Treasury account and correct denomination of the payee's bank, this entailing non- remittance of this amount to the budget system of the Russian Federation onto the appropriate
Federal Treasury account; 5) if on the date of presenting by a taxpayer to the bank (to the Federal Treasury agency
or other authorised agency engaged in opening and keeping personal accounts) an order to remit monetary funds on account of paying tax there are other claims not satisfied by this taxpayer with respect to his account (personal account) which has to be satisfied in top-priority order, or if the balance of this account (personal account) is not sufficient for satisfying all claims.
5. The duty of paying tax shall be discharged using the currency of the Russian Federation, unless otherwise provided for by this Code. The amount of tax calculated in foreign currency where it is provided for by this Code shall be conversed into the currency of the Russian Federation at the official exchange rate of the Central Bank of the Russian Federation as of the date when the tax is paid.
6. Failure to discharge the duty of paying tax shall serve as a ground for taking measures of compulsory discharge of the duty to pay tax provided for by this Code.
7. An order to remit tax to the budget system of the Russian Federation onto the appropriate Federal Treasury account shall be completed by a taxpayer in compliance with the rules for completing such order. The said rules shall be established by the Ministry of Finance of the Russian Federation by approbation of the Central Bank of the Russian Federation.
Should a taxpayer detect errors in drawing up an order to remit tax not entailing non- remittance of this tax to the budget system of the Russian Federation onto the appropriate Federal Treasury account, the taxpayer shall be entitled to file with the tax authority at the place of his registration an application in respect of the error made, attaching thereto the documents proving his payment of the said tax and its remittance to the budget system of the Russian Federation onto the appropriate Federal Treasury account, containing the request to specify the ground for making such payment, type and pertinence thereof, tax period and the taxpayer's status.
A joint revision of the taxes paid by a taxpayer may be effected on the proposal of a tax authority or a taxpayer. The results of the revision shall be legalised in the form of a certificate to be signed by the taxpayer and the authorised official of the tax authority.
A tax authority shall be entitled to demand of a bank a copy of a taxpayer' order to remit tax to the budget system of the Russian Federation onto the appropriate account of the Federal Treasury drawn up by the taxpayer on a paper medium. The bank shall be obliged to present to the tax authority a copy of the said order within five days as of the date of receiving the demand of the tax authority.
In the case provided for by this Item the tax authority on the basis of the taxpayer's application and the report on a joint revision of the estimations of taxes, fees, penalties and fines where it has been effected shall render a decision on specifying the date of making by the taxpayer the actual tax payment to the budget system of the Russian Federation onto the appropriate Federal Treasury account. In so doing, the tax authority shall re-calculate the penalties set with respect to the amount of tax for the period from the date of its actual payment to the budget system of the Russian Federation onto the appropriate Federal Treasury account up to the date of rendering by the tax authority of the decision to specify its payment.
A tax authority shall notify a taxpayer of the adopted decision as to tax payment's specification within five days from the date when this decision is adopted.
8. The rules provided for by this Article shall likewise apply to fees, penalties or fines and shall extend to payers of fees, tax agents and the responsible participant in a consolidated group of taxpayers.
Article 46. Collection of Taxes, Fees, as Well as Penalties and Fines, from the Monetary Funds Kept on Bank Accounts of a Taxpayer (Payer of a Fee) Being an Organisation, an Individual Businessman or a Tax Agent Being an Organisation or an Individual Businessman, as well as at the Expense of its Electronic Money Resources
1. In case of failure to pay, or failure to pay the full amount of, tax within the established time period, the tax obligation shall be discharged in a compulsory order by levying execution against the monetary funds of the taxpayer (tax agent) being an organisation or an individual businessman kept on bank accounts and its electronic money resources.
1.1. In the event of non-payment or incomplete payment in due time of the tax to be paid by the party to an agreement of investment partnership which is the managing partner responsible for keeping tax records (hereinafter referred to in this article as the managing partner responsible for keeping tax records) in connection with execution of the agreement of investment partnership (except for tax on organisations' profits arising in connection with participation of the given partner in an agreement of investment partnership), the duty of paying this tax shall be discharged by enforcement by way of levying execution against the monetary assets kept on the investment partnership's accounts.
If there are no assets on an investment partnership's accounts or they are insufficient, execution shall be levied against the assets kept on the accounts of managing partners. In so doing, execution shall be levied in the first turn against the monetary assets kept on the accounts of the managing partner responsible for keeping tax records.
If there are no assets on the accounts of managing partners or they are insufficient, execution shall be levied against the monetary assets kept on the partners' accounts in proportion to the share of each of them in the partners' common property estimated as of the date of the debt's origination.
2. A tax shall be collected on the strength of a decisionof the tax authority (hereinafter referred to in this Article as a decision on collection) by forwarding on a paper medium or in electronic form to the bank, where a taxpayer (tax agent) being an organisation or an individual businessman has opened accounts, an order of the tax authority to withdraw the required monetary funds from the accounts of the taxpayer (tax agent) being an organisation or an individual businessman and remit them to the budget system of the Russian Federation.
The procedure for forwarding to a bank the instructions of a tax authority in electronic form, as regards writing off and remittance to the budget system of the Russian Federation of monetary assets from accounts of a taxpayer (tax agent) being an organisation or individual businessman, as well as instructions of the tax body on the transfer of electronic money resources of the tax bearer (tax agent) organisation or individual entrepreneur, shall be established by the Central Bank of the Russian Federation by approbation of the federal executive power body authorised to exercise control and supervision in respect of taxes and fees.
3. A decision on collection shall be taken after the expiry of the time period fixed by application for tax payment, but at the latest two months after the expiry of the said time period. A decision on collection made after the expiry of the said time limit shall be deemed ineffective and shall not be subject to fulfilment. Should this be the case, the tax authority can file a claim with a court for collection of the tax amount due to be paid from the taxpayer (tax agent) being an organisation or individual businessman. The statement of claim may be filed with a court within six months after the expiry of the time period for satisfying the demand for tax payment. The time period for filing the claim missed for sound reasons may be restored by court.
Where it is impossible to hand in a decision on collection to a taxpayer (tax agent)
against the receipt thereof or in any other way showing the date of its being received, the decision on collection shall be sent by registered mail and shall be deemed received upon the expiry of six days as of the date of sending the registered mail.
4. An order of a tax authority to remit tax amounts to the budget system of the Russian Federation shall be forwarded to the bank where the taxpayer (tax agent) being an organisation or an individual businessman has its accounts and shall be subject to unconditional fulfillment by the bank in the order of priority established by the civil legislation of the Russian Federation.
5. An order of a tax authority to remit a tax shall indicate those accounts of the taxpayer (tax agent) being an organisation or an individual businessman from which the tax is to be remitted, and the amount to be remitted.
Taxes may be collected from rouble settlement (current) and (or) foreign currency accounts of a taxpayer (tax agent) being an organisation or an individual businessman or, if the funds kept on rouble (settlement) accounts are insufficient, from foreign currency accounts thereof.
Collection of taxes from foreign currency accounts of a taxpayer (tax agent) being an organisation or an individual businessman shall be effected in the amount equivalent to the amount payable in roubles at the exchange rate of the Central Bank of the Russian Federation on the date of sale of the foreign currency. When taxes are collected from foreign currency accounts, the head of the tax authority (or his deputy) shall forward to the bank, along with the order of the tax authority to remit the amount of tax, an order for the bank to sell the foreign currency of the taxpayer (tax agent) being an organisation or an individual businessman at the latest on the following day. The outlays connected with the sale of foreign currency shall be made at the expense of the taxpayer (tax agent).
A tax shall not be collected from a taxpayer's or tax agent's deposit account unless the term of the deposit agreement has expired. Where there is such a deposit agreement, the tax authority shall have the right to issue an order for the bank to remit funds from the deposit account to the settlement (current) account of the taxpayer or the tax agent upon the expiry of the deposit agreement, if the order of the tax authority for this bank to remit the amount of tax has not been fulfilled by that time.
6. An order of the tax authority to remit the amount of tax shall be executed by the bank at the latest within one business day after the day when the said order was received by it, if the amount of tax is collected from rouble accounts, or at the latest within two business days, if the amount of tax is collected from foreign currency accounts, if this does not break the order of payments established by the civil legislation of the Russian Federation.
Should the balance of the accounts of a taxpayer (tax agent), as of the day when the bank received an order from the tax authority to remit a tax, be insufficient to pay off the tax debt or nil, the order shall be executed as money arrives on such accounts at the latest within one business day after each such arrival onto rouble accounts, and at the latest within two business days after each such arrival onto foreign currency accounts, if it does not break the order of payments established by the civil legislation of the Russian Federation.
6.1. In case of the insufficiency or absence of money resources on accounts of the tax bearer (tax agent) organisation or individual entrepreneur the tax body shall be empowered to recover the tax at the expense of electronic money resources.
The recovery of the tax at the expense of the electronic money resources of the tax bearer (tax agent) organisation or individual entrepreneur shall be made by way of directing to the bank in which the electronic money resources are present of the instruction of the tax body on the transfer of electronic money resources into the account with the bank of the tax bearer (tax agent) organisation or individual entrepreneur.
The instruction of the tax body on the transfer of electronic money resources shall contain the indication of payment details of the corporate electronic instrument of payment of the tax bearer (tax agent) organisation or individual entrepreneur with the use of which the transfer of electronic money resources shall be carried out, indication of the sum subject to the transfer, as well as payment details of the account of the tax bearer (tax agent) organisation or individual entrepreneur.
Tax recovery may be made at the expense of the balances of electronic money resources in roubles, and in case of their insufficiency at the expense of the balances of electronic money resources in a foreign currency. During the recovery of the tax at the expense of the balances of electronic money resources in a foreign currency and the indication in the instruction of the tax body on the transfer of electronic money resources of the currency account of the tax bearer (tax agent) organisation or individual entrepreneur the bank shall transfer the electronic money resources to the aforementioned account.
During the recovery of the tax at the expense of the balances of electronic money resources in a foreign currency and indication in the instruction of the tax body on transfer of electronic money resources of the rouble account of the tax bearer (tax agent) organisation or individual entrepreneur the head (deputy head) of the tax body simultaneously with the instruction of the tax body on the transfer of electronic money resources shall direct the instruction to the bank on the sale not later than on the next day of the foreign currency of the tax bearer (tax agent) organisation or individual entrepreneur. The expenses connected with the sale of the foreign currency shall be reimbursed at the expense of the tax bearer (tax agent). The bank shall transfer the electronic money resources into the rouble account of the tax bearer (tax agent) organisation or individual entrepreneur in the sum equivalent to the sum of payment in roubles at the rate of the Central Bank of the Russian Federation established on the date of the transfer of electronic money resources.
In case of the insufficiency or absence of electronic money resources of the tax bearer (tax agent) organisation or individual entrepreneur on the day of the reception by the bank of the instruction of the tax body on the transfer of electronic money resources such instruction shall be executed according to the reception of electronic money resources.
The instruction of the tax body on the transfer of electronic money resources shall be carried out by the bank not later than one operational day following the day of the reception by it of the aforementioned instruction if the recovery of the tax is made at the expense of the balances of electronic money resources in roubles, and not later than two operational days if the recovery of the tax is made at the expense of the balances of electronic money resources in a foreign currency.
7. In case of the insufficiency or absence of money resources on accounts of the tax bearer (tax agent) organisation or individual entrepreneur or its electronic money resources or in the absence of the information on the accounts of the tax bearer (tax agent) organisation or individual entrepreneur or the information on payment details of its corporate electronic instrument of payment used for transfers of electronic money resources the tax body shall be empowered to recover the tax at the expense of other property of the tax bearer (tax agent) organisation or individual entrepreneur according to Article 47 of the present Code.
As regards organisations profit tax in respect of a consolidated group of taxpayers, a tax authority is entitled to collect the tax on account of other property of one or several participants in this group, if there are no monetary assets on bank accounts of all the participants in the cited consolidated group of taxpayers, or if they are insufficient, or if there is no information about their accounts.
7.1. Levying of execution against the property of the parties to an agreement of
investment partnership in compliance with Article 47 of this Code shall be only allowed if there are no assets on the accounts of the investment partnership, managing partners and partners or they are insufficient.
8. In collecting tax, a tax authority can resort to suspending bank accounts of a taxpayer (tax agent) being an organisation or an individual businessman or the suspension of the transfers of electronic money resources in accordance with the procedure and under the terms established by Article 76 of this Code.
9. The provisions contained in this Article shall also apply to the collection of penalty interest for untimely payment of taxes.
10. The rules of this Article shall be also applicable to collection of a fee or fines in the cases provided for by this Code.
11. The provisions of this article shall apply when collecting organisations profit tax in respect of a consolidated group of taxpayers, appropriate penalties and fines on account of the monetary assets kept on bank accounts of participants in this group subject to the following specifics:
1) the tax shall be recovered on account of the monetary assets kept on the bank accounts in the first turn out of the monetary assets of the responsible participant in the consolidated group of taxpayers;
2) if the monetary assets kept on bank accounts of the responsible participant in the consolidated group of taxpayers are insufficient for recovering the tax sum total or there are no monetary assets on them, the remaining tax amount which is not recovered shall be collected on account of the monetary assets of the rest of this group's participants kept with banks in sequence, and, in so doing, the tax authority shall independently establish an order of such recovery on the basis of the information about taxpayers which is available to it. As the ground for recovering the tax in this instance shall be deemed the demand forwarded to the responsible participant in the consolidated group of taxpayers. If the monetary assets kept on bank accounts of a participant in a consolidated group of taxpayers are insufficient when recovering the tax in the procedure provided for by this subitem or there are no monetary assets on them, the remaining non-recovered sum shall be recovered out of the monetary assets of any other participant in this group kept with banks;
3) in the event of making payment of the tax, particularly in part, by one of the participants in a consolidated group of taxpayers, the procedure for recovering the paid part thereof shall be terminated;
4) the rights and guarantees provided for by this article in respect of taxpayers shall extend to the participant in a consolidated group of taxpayers in respect of which the decision has been rendered to recover organisations profit tax for the consolidated group of taxpayers;
5) the decision on such recovery shall be rendered in the procedure established by this article after the expiry of the time period fixed in the demand to pay tax forwarded to the responsible participant in the consolidated group of taxpayers but at latest in six months after the expiry of the cited time period. The decision on the recovery adopted after the expiry of the cited time period shall be deemed invalid and is not subject to execution. On such occasion, a tax authority may file with the court at the place of registration of the responsible participant in a consolidated group of taxpayers an application for recovering tax concurrently from all the participants in the consolidated group of taxpayers. Such application may be filed with the court within six months after the expiry of the time period for the tax recovery fixed by this article. If the time period for filing the application is missed for a sound reason, it may be restored by court;
6) the decision on the recovery adopted with respect to the responsible participant or other participant in a consolidated group of taxpayers, actions or omission to act of tax
authorities and of their officials when carrying out the recovery procedure may be disputed by such participants on the grounds connected with violation of the recovery procedure.
Article 47. Collection of Taxes and Fees, as Well as of Penalties and Fines, at the Expense of Other Property of a Taxpayer (Tax Agent) Being an Organisation or an Individual Businessman
1. In the instance provided for by Item 7 of Article 46 of this Code, the tax authority shall be entitled to collect a tax at the expense of the property, including ready cash, of a taxpayer being an organisation or an individual businessman within the limits of the amounts indicated in the collection letter for payment of the tax adjusted for the amounts already levied in accordance with Article 46 of this Code.
A tax shall be collected at the expense of the property of a taxpayer (tax agent) being an organisation or an individual businessman on the strength of a decision made by the head of the tax authority (deputy head) by forwarding the appropriate resolution to the court bailiff within three days as of the time of rendering such decision, for execution in accordance with the procedure provided for by the Federal Law on Executive Procedure subject to the specifics stipulated by this Article.
The decision to recover tax from the property of a taxpayer (tax agent) being an organisation or an individual businessman shall be rendered within one year of the expiry of the time period for fulfilment of the demand for tax payment. The decision to recover tax on account of the property of a taxpayer (tax agent) being an organisation or individual businessman adopted after the expiry of the cited term shall be deemed invalid and not subject of execution. In such case, a tax authority may make an application with a court for recovering from the taxpayer (tax agent) being an organisation or individual businessman the sum of tax to be paid. An application may be filed with a court within two years as from the date of expiry of the time period for satisfying the claim to pay tax. The time for filing the application missed for a sound reason may be restored by a court.
2. The ruling to collect taxes at the expense of property of a taxpayer (tax agent) being an organisation or an individual businessman must contain the following:
1) the full name of the official and the name of the tax authority that issued said decision; 2) the date and reference number of the resolution of the head of the tax authority
(deputy head) to collect the tax at the expense of taxpayer's or tax agent's property; 3) the name and address of the taxpayer or tax agent being an organisation, or the full
name, passport data, address of the permanent residence of the taxpayer being an individual businessman or the tax agent being an individual businessman against whose property execution is levied;
4) the operative part of the resolution of the head of the tax authority (deputy head) to collect taxes at the expense of the property of the taxpayer (tax agent) being an organisation or an individual businessman;
5) the date of entry into force of the resolution of the head of the tax authority (deputy head) to collect taxes at the expense of the property of a taxpayer (tax agent) being an organisation or an individual businessman;
6) the date of the ruling indicated above. 3. The resolution on collection of a tax shall be signed by the head of the tax authority
(deputy head) and shall bear the stamp of the tax authority. 4. The collection actions shall be performed, and the orders contained in the resolution
executed, by the court bailiff within two months after the receipt of said resolution. 5. Collection of taxes at the expense of property of a taxpayer (tax agent) being an
organisation or an individual businessman shall be performed in series in respect of the
following: 1) ready cash and monetary funds kept in banks against which execution has not been
levied in compliance with Article 46 of this Code; 2) property which is not immediately used in manufacturing products (goods), particularly,
securities, foreign currency valuables, non-production premises, automobiles, interior design items of offices;
3) finished products (goods), as well as other material valuables which are not used and (or) not intended for direct usage in production;
4) raw materials and materials intended for direct involvement in production, as well as machinery, equipment, buildings, structures and other fixed assets;
5) property transferred to other persons for possession, use or disposal on a contractual basis without transferring the ownership of this property, if such agreements have been terminated or recognised ineffective in accordance with the established procedure in order to secure the fulfillment of a tax obligation;
6) other property, except for that intended for everyday use by an individual businessman or his family members, determined in compliance with the laws of the Russian Federation.
5.1. The tax to be paid by the party to an agreement of investment partnership which is the managing partner responsible for keeping tax records (hereinafter referred to in this article as the managing partner responsible for keeping tax records) in connection with execution of the agreement of investment partnership (except for tax on organisations' profits arising in connection with participation of the given partner in the agreement of investment partnership) shall be recovered on account of the partners' common property.
If there is no common property of the partners or it is insufficient, execution shall be levied against the property of managing partners. In so doing, execution shall be levied in the first turn against the property of the managing partner responsible for keeping tax records.
If there is no property of managing partners or it is insufficient, execution shall be levied against the partners' property in proportion to the share of each of them in the partners' common property estimated as of the date of the debt's origination.
6. If a tax is collected at the expense of property of a taxpayer (tax agent) being an organisation or an individual businessman, the tax obligation shall be deemed fulfilled from the time the property of a taxpayer (tax agent) being an organisation or an individual businessman is sold and the tax debt of the taxpayer (tax agent) being an organisation or individual businessman is paid off from the sale proceeds.
7. Tax (customs) officials shall not have the right to purchase the property of a taxpayer (tax agent) being an organisation or an individual businessman that is sold in execution of a decision to collect the tax debt at the expense of the property of the taxpayer (tax agent) being an organisation or an individual businessman.
8. The provisions stipulated by this Article shall also apply in the case of exaction of a penalty for the untimely payment of a tax, as well as of fines in the instances provided for by this Code..
9. The provisions contained in this Article shall be also applicable for collecting a fee at the expense of property of a fee payer being an organisation or an individual businessman.
Federal Law No. 306-FZ of November 27, 2010 amended Item 10 of Article 47 of this Code. The amendments shall enter into force on January 1, 2011 but not earlier than upon the expiry of one month from the day of the official publication of the said Federal Law
10. The provisions provided for by this Article shall also apply in the case of collection of taxes by customs agencies with due regard to the provisions established by the customs legislation of the Customs Union and the customs legislation of the Russian Federation.
11. The provisions of this article shall apply when recovering organisations profit tax in respect of a consolidated group of taxpayers, appropriate penalties and fines on account of the property of this group's participants, subject to the following specifics:
1) the tax shall be recovered on account of the property of participants in the consolidated group of taxpayers in the first turn out the cash money and the monetary assets of the responsible participant in this group kept with banks against which execution has not been levied in compliance with Article 46 of this Code;
2) if the responsible participant in a consolidated group of taxpayers does not have enough (has no) cash money and monetary assets kept with banks against which execution has not been levied in compliance with Article 46 of this Code, the tax shall be recovered from other participants in this group on account of the cash money and monetary assets kept with banks against which execution has not been levied in compliance with Article 46 of this Code;
3) if the participants in a consolidated group of taxpayers do not have enough (have no) cash money or monetary assets kept with banks against which execution has not been levied in compliance with Article 46 of this Code, the tax shall be recovered on account of other property of the responsible participant in this group in the order established by Subitems 2-6 of Item 5 of this article;
4) if the responsible participant in a consolidated group of taxpayers does not enough property for discharging the duty of paying organisations profit tax in respect of the consolidated group of taxpayers, appropriate penalties and fines, the tax shall be recovered on account of other property of other participants in this group in the order established by Subitems 2-6 of Item 5 of this article.
Federal Law No. 324-FZ of November 29, 2010 reworded Article 48 of this Code. The new wording shall enter into force upon the expiry of one month from the date of the official publication of the said Federal Law and shall extend to the legal relations involved in collection of taxes, fees, penalties and fines in respect of which claims for their payment are forwarded after the date when the said Federal Law enters into force
Article 48. Collection of a Tax, Fee, Penalty or Fine on Account of the Property of a Taxpayer (Fee Payer) Being a Natural Person Who Is Not an Individual Businessman
1. In the event of non-discharge, when due, of the duty of paying a tax, fee, penalty or fine by a taxpayer (fee payer) being a natural person who is not an individual businessman (hereinafter referred to in this article as a natural person), the tax authority (customs authority) that has forwarded a demand for payment of the tax, fee, penalty or fine is entitled to file a claim with a court for collection of the tax, fee, penalty or fine on account of the property, including funds on bank accounts, the electronic money resources the transfers of which shall be carried out with the use of personified electronic instruments of payment, and cash, of this natural person within the limits of the amounts specified in the claim to pay the tax, fee, penalty or fine, subject to the specifics established by this article.
An application for collection of a tax, fee, penalty or fine on account of the property of a natural person (hereinafter referred to in this article as an application for collection) shall be filed in respect of all the demands for payment of the tax, fee, penalty or fine whose term of execution has expired and which are not met by this natural persons, as of the date of filing by a tax authority (customs authority) of the application for collection with court.
The cited application for collection shall be filed by a tax authority (customs authority) with court, if the total amount of a tax, fee, penalty or fine to be collected from a natural person
exceeds 1 500 roubles, except as provided for by Paragraph Three of Item 2 of this article. A copy of an application for collection shall be forwarded by a tax authority (customs
authority) at the latest on the date when it is filed with court to the natural person who the taxes, fees, penalties and fines are to be collected from.
2. An application for collection shall be filed with a court of law by a tax authority (customs authority) within six months as of the date of expiry of the time period for satisfying the demand to pay a tax, fee, penalty or fine, unless otherwise provided for by this item.
If within three years from the date of expiry of the time period for satisfying the earliest demand to pay a tax, fee, penalty or fine, accounted by a tax authority (customs authority) when estimating the total amount of the tax, fee, penalty or fine to be collected from a natural person such amount of the tax, fee, penalty or fine exceeds 1500 roubles, the tax authority (customs authority) shall file an application for collection with court within six months from the date when the cited amount exceeded 1 500 roubles.
If within three years from the date of expiry of the time period for satisfying the earliest demand to pay a tax, fee, penalty or fine, accounted by a tax authority (customs authority) when estimating the total amount of the tax, fee, penalty or fine to be collected from a natural person, such amount of the tax, fee, penalty or fine did not exceed 1500 roubles, the tax authority (customs authority) shall file with court an application for collection within six months as from the date of expiry of the cited three-year term.
The time period for filing an application for collection missed for a sound reason may be restored by court.
3. Cases on collection of a tax, fee, penalty or fine on account of a natural person's property shall be tried in compliance with the civil procedural legislation of the Russian Federation.
A claim for collection of a tax, fee, penalty or fine on account of the property of a natural person may be filed by a tax authority (customs authority) by way of action proceedings at the latest in six months from the date when a court issues a ruling on reversal of a court order.
The time period for filing an application for collection missed for a sound reason may be restored by court.
An application for collection may have attached thereto a petition of a tax authority (customs authority) for arresting the respondent's property to secure the claim.
4. A tax, fee, penalty or fine shall be collected on account of a natural person's property on the basis of an effective judicial decision in compliance with the Federal Law on Executive Proceedings, subject to the specifics provided for by this article.
5. A tax, fee, penalty or fine shall be collected on account of a natural person's property successively in respect of the following:
1) monetary assets kept on bank accounts and the electronic money resources the transfers of which shall be carried out with the use of personified electronic instruments of payment;
2) monetary assets in cash; 3) property transferred on a contractual basis for possession, use or disposal to other
persons without transfer thereto the ownership of this property, if such contracts are dissolved or declared invalid in the established procedure to secure the discharge of the duty to pay a tax, fee, penalty or fine;
4) other property, except for that which is intended for daily personal use by a natural person or family members thereof, which is defined in compliance with the legislation of the Russian Federation.
6. In the event of collecting a tax, fee, penalty or fine on account of the property of a natural person, other than monetary assets, the duty of paying the tax, fee, penalty or fine shall
be deemed discharged from the time when such property is sold and arrears are settled on account of the proceeds from it. Penalties shall not be charged for failing to remit taxes and fees in due time from the date of arresting the cited property and up to the date when the proceeds are remitted to the budget system of the Russian Federation.
7. Tax officials (customs officials) are not entitled to acquire the property of a natural person to be sold by way of execution of judicial acts on collection of a tax, fee, penalty or fine on account of a natural person's property.
Federal Law No. 154-FZ of July 9, 1999 amended Article 49 of this Code The amendments shall enter into force upon the expiry of one month from the day of the official publication of the said Federal Law See the previous text of the Article
Article 49. Fulfillment of Obligation to Pay Taxes and Fees in the Event of Liquidation 1. The obligation to pay taxes and fees (interest, fines) of an organisation undergoing
liquidation shall be fulfilled by the liquidation commission of such an organisation from the funds of such an organisation, including proceeds from the sale of its assets.
2. Should the funds of an organisation in liquidation, including proceeds from the sale of its assets for the purpose of fulfilling an obligation to pay taxes and fees, due penalties and fines, be insufficient for full discharge of such obligation, the outstanding debt should be paid by the founders (participants) of this organisation in the procedure and to the extent established by the legislation of the Russian Federation.
3. The priority of fulfillment of the obligation to pay taxes and fees in case of liquidation of an organisation vis-a-vis settlements with other creditors of such organisation shall be specified by civil law of the Russian Federation.
4. If an organisation being liquidated has to its credit excessively paid or excessively collected taxes or fees (penalties and fines), the said sums of money shall be offset by a tax body on account of the repayment of arrears of the liquidated organisation in respect of taxes, fees and debts in the order established by this Code.
The amount of the excessively paid or excessively collected taxes and fees (penalties and fines) subject to offset shall be distributed in proportion to arrears of other taxes, fees and debts of the organisation to be liquidated in respect of penalties and fines payable (recoverable) to the budget system of the Russian Federation which are calculated and paid under the control of tax authorities.
If an organisation being liquidated has no indebtedness for the discharge of the duty of paying taxes and fees, and also of paying penalties and fines, the amount of the taxes and fees (penalties and fines) excessively paid by this organisation or excessively recovered from it shall be repaid to this organisation in the procedure established by this Code at the latest in one month as of the day of filing the application by the taxpaying organisation.
Federal Law No. 306-FZ of November 27, 2010 amended Item 5 of Article 49 of this Code. The amendments shall enter into force on January 1, 2011 but not earlier than upon the expiry of one month from the day of the official publication of the said Federal Law
5. The provisions envisaged by this Article shall also be applicable in the event of payment of taxes in connection with the movement of goods across the customs border of the Customs Union.
Article 50. Fulfillment of Obligations to Pay Taxes and Fees (Penalties and Fines) in the Event of Re-Organisation of a Legal Entity
1. Obligations to pay taxes and fees of a re-organised legal entity shall be fulfilled by its successor (successors) in accordance with the procedure set out in this Article.
2. Fulfillment of an obligation to pay taxes and fees of a reorganised legal entity shall be the responsibility of its successor (successors) irrespective of whether or not the successor (successors) were aware before the reorganisation was completed of facts and (or) circumstances of failure to fulfill or improper fulfillment of an obligation to pay taxes and fees by the re-organised legal entity. In this case the legal successor (legal successors) shall pay all the penalties due to the liabilities which have passed to him.
The successor(s) to a reorganised legal entity shall also be liable for all the fines owed by the latter for tax offenses committed prior to completion of the reorganisation process. The legal successor (legal successors) of a reorganised legal entity shall enjoy all rights and discharge all duties in the order prescribed for taxpayers by this Code, when he performs the duties of the payment of taxes and fees, vested in it by this Article.
3. Re-organisation of a legal entity shall not change the deadline for fulfillment of its obligation to pay taxes and fees by a successor (successors) to such legal entity.
4. In the case of merger of several legal entities, the legal entity resulting from such merger shall be recognised as a successor with respect to the obligation to pay taxes and fees of each of such legal entities.
5. In the case of accession of one legal entity to another legal entity, the accessing legal entity shall be recognised as a successor to the obligation to pay taxes and fees of the accessed legal entity.
6. In the case of division of a legal entity into several legal entities, the legal entities resulting from such division shall be recognised as successors with respect to the obligation to pay taxes of the divided organisation.
7. Should there be several successors, the share of each of them in the fulfillment of the obligation to pay taxes and fees of the re-organised legal entity shall be determined in accordance with the procedure envisaged by civil legislation.
If the division balance sheet does not make it possible to determine the share of a successor in the reorganised legal entity, or rule out the possibility of complete fulfillment of an obligation to pay taxes and fees by any one of the successors, or if such re-organisation was aimed at failure to fulfill the obligations to pay taxes then, pursuant to a court decision, the newly emerged legal entities may be liable jointly and severally for fulfillment of the obligation to pay taxes of the reorganised legal entity.
8. In the case of a separation from a legal entity, no succession to the re-organised legal entity with respect to its obligation to pay taxes (penalties and fines) shall arise. If as a result of separation from the legal entity of one or more legal entities the taxpayer or payer of fees cannot fulfill the obligation to pay taxes (penalties and fines) in full, then, pursuant to a court decision, the separated legal entities may jointly and severally fulfill the obligation to pay taxes (penalties and fines).
9. In the event of re-organisation of one legal entity into a new one, the legal entity resulting from such re-organisation shall be recognised as a successor to the obligation to pay taxes of the re-organised legal entity.
10. The amount of tax (penalties or fines) excessively paid by a legal entity or excessively recovered from it before its re-organisation shall be offset by a tax authority against the fulfilment by a successor (successors) to the re-organised legal entity of the obligation to pay off arrears of other taxes and fees or penalties and fines for a tax offence of the re- organised legal entity. Such offset shall be performed at the latest within 30 days of the day when such re-organisation was completed in the procedure established by this Code subject ot the specifics provided for by this Article.
The amount of tax or fee (penalty or fine) to be offset which had been excessively paid by
a legal entity or excessively recovered from it before re-organisation shall be distributed in proportion to arrears of other taxes, fees and debts of the reorganised legal entity in respect of penalties and fines payable (recoverable) to the budget system of the Russian Federation whose calculation and payment is under control of the tax authorities.
If the reorganised legal entity has no debts for the duty of tax payment, and also of the payment of penalties and fines, the amount of excessively paid tax (penalty, fine) by this legal entity or excessively recovered from it shall be repaid to its legal successor (legal successors) within one month of the day the legal successor (legal successors) files an application in the order established by Chapter 12 of this Code. In this case the amount of the tax (penalty, fine) paid excessively by the legal entity or excessively recovered from it before its reorganisation shall be repaid to the legal successor (legal successors) of the reorganised legal entity in accordance with the share of each legal successor, which is assessed on the basis of the dividing balance.
abrogated from January 1, 2007. 11. The rules provided for in this Article shall also be applicable to fulfillment of
obligations with respect to the fee payable as a legal entity is reorganised. 12. The rules stipulated by this Article shall also apply when it is necessary to determine
a legal successor or successors of a foreign organisation reorganised in keeping with the legislation of a foreign state.
Federal Law No. 306-FZ of November 27, 2010 amended Item 13 of Article 50 of this Code. The amendments shall enter into force on January 1, 2011 but not earlier than upon the expiry of one month from the day of the official publication of the said Federal Law
13. The provisions envisaged by this Article shall also be applicable in the event of payment of taxes in connection with the movement of goods across the customs border of the Customs Union.
Federal Law No. 154-FZ of July 9, 1999 amended Article 51 of this Code The amendments shall enter into force upon the expiry of one month from the day of the official publication of the said Federal Law See the previous text of the Article
Article 51. Fulfillment of Obligations to Pay Taxes and Fees of a Missing or Disabled Natural Person
1. The obligation to pay taxes and fees of a natural person recognised as missing by court shall be fulfilled by a person authorised by a body of trusteeship and guardianship.
The person authorised by a body of trusteeship and guardianship shall pay the entire amount of taxes and fees unpaid by the taxpayer recognised missing, as well as interest and penalties due from the taxpayer as of the date when he was recognised missing. Such amounts shall be paid from the funds of the natural person recognised missing.
2. The duty of payment of taxes and fees by a natural person who is recognised by a court of law as legally incompetent shall be discharged by his guardian at the expense of the monetary funds of this legally incompetent person. The guardian of the natural person recognised by a court of law as legally incompetent shall be obliged to pay all the amount of taxes and fees unpaid by the taxpayer or the payer of the duty, and also the due penalties and fines as on the day when the person was acknowledged as legally incompetent.
3. Fulfillment of the obligation to pay taxes and fees of natural persons recognised missing or incapable, as well as payment of interest and penalties due from them, shall be stopped by the appropriate tax body if such natural persons have insufficient funds (no funds)
for fulfillment of these obligations. In the case of the absence of a decision passed in the established procedure with regard
to the revocation of the decision on recognising the natural person missing or incapable, the previously stopped fulfillment of the obligation to pay taxes and fees shall be resumed.
4. Persons vested under this Article with the duty of the payment of taxes and fees by natural persons, recognised as missing or legally incompetent, shall enjoy all rights and perform all the duties in the order prescribed by this Code for the taxpayers and payers of fees with an eye to the special features stipulated by this Article. When the said persons discharge the duties vested by this Article and are brought to account for the commission of tax offences they shall not have the right to pay the fines stipulated by this Code at the expense of the person recognised as missing or legally incompetent.
Article 52. Procedure for Tax Computation
1. A taxpayer independently computes the amount of tax to be paid for a tax period proceeding from the tax base, tax rate and tax privileges, unless otherwise provided for by this Code.
2. Where it is provided for by the legislation of the Russian Federation on taxes and fees, the duty of computation of the sum of tax may be imposed upon a tax authority or tax agent.
If the duty of computing the amount of tax is imposed upon a tax authority, the tax authority shall forward to a taxpayer a tax notification at the latest 30 days before the payment date.
3. A tax notification shall cite the sum of tax to be paid, an estimation of the tax base, as well as the payment time.
A tax notice may cite data on several taxes to be paid. The form of a tax notification shall be endorsed by the federal executive power body
authorised to exercise control and supervision in respect of taxes and fees. 4. A tax notification may be transferred to the head of an organisation (to a legal or
authorised representative thereof) or to a natural persons (to a legal or authorised representative thereof) in person against the receipt thereof, sent by registered mail or transmitted in electronic form via telecommunication channels. Where a tax notification is sent by registered mail, it shall be deemed received upon the expiry of six days as from the date when it is sent.
The formats of, and procedure for forwarding, a tax notification to a taxpayer in electronic form via telecommunication channels shall be established by the federal executive power body authorised to exercise control and supervision in respect of taxes and fees.
5. The amount of organisations profit tax to be estimated in respect of a consolidated group of taxpayers shall be estimated by the responsible participant in this group on the basis of the data available to the latter, including those which are provided by other participants in the consolidated group.
Article 53. Tax Base and Tax Rates, Amounts of Fees 1. A tax base represents a value, physical or other parameter of a taxable item. A tax rate
represents the amount of tax levied on a unit of measurement of a tax base. A tax base and the procedure for determining it, as well as tax rates with respect to federal taxes and amounts of fees with respect to federal fees shall be established by this Code.
abrogated from January 1, 2007. 2. The tax base and the procedure for determining it with regard to regional and local
taxes shall be established by this Code. Tax rates for regional and local taxes shall be
established by laws of the member territories of the Russian Federation, regulations of municipal formations within the limits established by this Code.
Article 54. General Issues of Tax Base Assessment
1. Taxpayer organisations shall assess the tax base according to the results of each tax period on the basis of the data in the accounting books and (or) other documented data concerning the items subject to taxation or associated with taxation.
If mistakes (distortions) in the tax base assessment made in the previous tax (reporting) periods are revealed in the current tax (reporting) period, the tax base and amount of tax shall be reassessed for the period when such mistakes (distortions) were made.
Where it is impossible to identify the period when mistakes (distortions) were made, the tax base and the amount of tax shall be re-assessed for the tax (reporting) period when the mistakes (distortions) were detected. A taxpayer is entitled to re-calculate the tax base and the amount of tax for the tax (accounting) period in which errors (distortions) pertaining to previous tax (accounting) periods are detected, as well as when the errors (distortions) made have caused an excessive tax payment.
2. Individual entrepreneurs, private notaries and solicitors/barristers who have founded solicitor's studies shall assess the tax base on the results of each tax period on the basis of profit and loss and business operations accounting in the procedure determined by the Ministry of Finance of the Russian Federation.
3. Other individual taxpayers shall assess the tax base on the basis of the data obtained from organisations and (or) natural persons as to the income amounts paid to them, on taxable objects, as well as data of their own records of received incomes and taxable objects kept in any form.
4. the rules provided for by Items 1 and 2 of this Article shall likewise extend to tax agents.
5. In the cases provided for by this Code the tax authorities shall calculate the tax base on the basis of the results of each tax period on the basis of the data available to them.
Article 55. Tax Period 1. A tax period shall be a year or any other period of time with regard to a taxpayer's
liabilities for individual taxes after the end of which the tax base shall be determined and the due amount of tax assessed. The tax period may consist of one or several reporting periods.
2. If an organisation was established after the beginning of a calendar year, the first tax period for such organisation shall be the time period from the date of establishment to the end of that year. The date of establishment of the organisation shall be the date of state registration of such organisation.
If an organisation was established between December 1 and December 31, the first tax period for such organisation shall be the time period between the date of its establishment and the end of the year following the year of its establishment.
3. If an organisation was liquidated (reorganised) before the end of a calendar year, the last tax period for such organisation shall be the time period between the beginning of that year and the date when the liquidation (reorganisation) was completed.
If an organisation established after the beginning of a calendar year was liquidated (reorganised) before the end of this year, its tax period shall be the period of time between the date of its establishment and the date of liquidation (reorganisation).
If an organisation was established during the period of time between December 1 and December 31 and liquidated (reorganised) until the end of the calendar year following the year of its establishment, its tax period shall be the period of time from the date of establishment until
the date of liquidation (reorganisation). The rules set out in this part shall not apply to organisations from which one or several
organisations are separated, or which access one or several organisations. 4. The rules set out in Parts 2 and 3 of this Article shall not apply to those taxes and fees
for which the tax period is established for a calendar month or quarter. In such cases, when an organisations is established, liquidated, reorganised, individual tax periods shall be changed with approval of the tax body at the place of registration of the taxpayer.
5. Abrogated from January 1, 2007. Federal Law No. 154-FZ of July 9, 1999 amended Article 56 of this Code The amendments shall enter into force upon the expiry of one month from the day of the official publication of the said Federal Law See the previous text of the Article
Article 56. Establishment and Use of Benefits Regarding Taxes and Fees 1. Benefits with regard to taxes and fees shall be construed as privileges granted to
individual categories of taxpayers and payers of fees and envisaged by the tax and fee legislation as compared with other taxpayers and payers of fees; such privilege includes the possibility not to pay a tax or a fee or to pay a smaller amount thereof.
Norms of law on taxes and fees which define grounds, procedure for and terms of application of benefits with regard to taxes and fees shall not be of an individual nature.
2. A taxpayer may refuse to use a benefit, or stop using it for one or more tax periods, unless otherwise provided by this Code.
3. Benefits regarding federal taxes and fees shall granted and withdrawn by this Code. Benefits regarding regional taxes shall be granted and withdrawn by this Code and (or)
by the laws of the subjects of the Russian Federation on taxes. Benefits regarding local taxes shall be granted and withdrawn by this Code and (or) by
the normative legal acts of representative bodies of municipal formations on taxes (by the laws of the cities of federal importance Moscow and St.-Petersburg on taxes).
Federal Law No. 154-FZ of July 9, 1999 amended Article 57 of this Code The amendments shall enter into force upon the expiry of one month from the day of the official publication of the said Federal Law See the previous text of the Article
Article 57. Deadlines for Paying Taxes and Fees 1. Deadlines for paying taxes and fees shall be established for each tax and fee. Any
change in the established deadline for paying a tax or a fee shall be allowed only as provided in this Code.
2. When a tax or fee is paid after the expiration of the established deadline, the taxpayer or the payer of a fee shall be subject to payment of interest in the manner and under the terms as provided in this Code.
3. Payment deadlines for taxes and fees shall be defined as a calendar date or a period of time in years, quarters, months and days, and also as a reference to an event which is to take place, or an action which is to be committed. The deadlines for performance of actions by participants of the relations regulated by the legislation on taxes and fees shall be established by this Code as applicable to each such action.
4. When the tax base is calculated by a tax body, the duty of tax payment shall arise after the reception of a tax notice.
Article 58. Procedure for Paying Taxes and Fees 1. Taxes shall be paid by making a lump sum payment of the entire amount of tax or in
any other procedure provided for by this Code and other legislative acts applicable to taxes and fees.
2. The amount of tax subject to payment shall be paid (transferred) by a taxpayer or a tax agent within fixed periods of time.
3. Under this Code may be provided a preliminary tax payment within a tax period, that is, advance payment. The duty of making advance payments shall be deemed discharged in the procedure which is similar to the tax payment.
In the event of making advance payments at a later time than that, established by the legislation on taxes and fees, penalties shall be imposed in respect of the amount of untimely paid advance payments in the procedure provided for by Article 75 of this Code.
Breaches of the procedure for calculation and (or) making of advance payments may not be deemed a ground for calling a person to account under the legislation on taxes and fees.
4. Taxes shall be paid in cash or in non-cash form. In the absence of a bank, taxpayers or tax agents being natural persons may pay taxes
through the cashier's office of a local self-government body or through a federal postal communications office.
If this is the case, the local self-government body or the federal postal communication office shall be obliged:
to accept monetary funds on account of tax payment, to remit them correctly and in due time to the budget system of the Russian Federation onto the appropriate Federal Treasury account in respect of every taxpayer (tax agent). In so doing, monetary funds shall be accepted free-of-charge;
to keep records of the monetary funds accepted on account of tax payment and remitted to the budget system of the Russian Federation in respect of every taxpayer (tax agent);
to issue to taxpayers (tax agents), when accepting monetary funds, receipts proving the acceptance of these monetary funds. The form of the receipt issued by a local self-government body shall be endorsed by the federal executive body authorised to exercise control and supervision in the sphere of taxes and fees;
to present to the tax authorities (to officials of the tax authorities) by requests thereof the documents proving the acceptance from taxpayers (tax agents) monetary funds on account of tax payment and their remittance to the budget system of the Russian Federation.
The cash accepted by a local self-government body from a taxpayer (tax agent) shall be subject to entering to a bank or a federal postal communications agency within five days as of the date of their acceptance for remittance to the budget system of the Russian Federation onto the appropriate Federal Treasury account.
If because of a natural calamity or other act of God the monetary funds accepted from a taxpayer (tax agent) cannot be entered in due time to a bank or a federal postal communications agency for their remittance to the budget system of the Russian Federation, the said time period shall be extended pending the removal of such circumstances.
A local self-government body or a federal postal communications agency shall be liable under the legislation of the Russian Federation for failure to discharge, or the improper discharge of, the duties provided for by this Item.
The imposition of punitive sanctions shall not relieve a local self-government body or a federal postal communication office of the duty of remitting to the budget system of the Russian Federation the monetary funds accepted from taxpayers (tax agents) on account of payment and remittance of tax amounts.
5. A specific procedure for paying a tax shall be established according to this Article as
applied to each tax. The procedure for paying federal taxes shall be established by this Code. The procedure for paying regional and local taxes shall be established accordingly by the
laws of the subjects of the Russian Federation and regulatory legal acts of the representative bodies of municipal formations in accordance with this Code.
6. A taxpayer shall be obliged to make tax payment within one month as of the date of receiving a tax notice, if a longer time period for the tax payment is not specified by this tax notice.
7. The rules provided for by this Article shall likewise apply to the procedure for paying fees (penalties and fines).
8. The rules provided for by Items from 2 to 6 of this Article shall likewise apply to the procedure for making advance payments.
Article 59. Recognising Arrears and Debts on Penalties and Fines as Bad and Writing Them Off
1. Arrears and debts on penalties and fines to be paid by some taxpayers, payers of fees and tax agents shall be deemed bad if their payment and/or recovery proved to be impossible in the following instances:
1) liquidation of an organisation in compliance with the legislation of the Russian Federation - as regards arrears and debts on penalties and fines which are not paid off because of insufficiency of an organisation's property for it and/or because it is impossible for founders (participants) of the cited organisation to pay them off within the limits and in the procedure established by the legislation of the Russian Federation;
2) declaring an individual businessman bankrupt in compliance with Federal Law No. 127-FZ of October 26, 2002 on Insolvency (Bankruptcy) - as regards arrears and debts on penalties and fines which are not paid off because of insufficiency of the debtor's property;
3) death of a natural person or declaring him/her deceased in the procedure established by the civil procedural legislation of the Russian Federation - as regards all taxes and fees or, as regards the taxes cited in Item 3 of Article 14 and Article 15 of this Code , in the amount exceeding the cost of all inheritable property, in particular when inheritance is transferred into the ownership of the Russian Federation;
4) adoption by a court of an act making a tax authority incapable of recovering arrears and debts on penalties and fines because of the expiry of the time period fixed for their recovery, including when it issues a ruling on the refusal to restore the missed time period for filing an application with a court for recovery of arrears and debts on penalties and fines;
5) in other cases provided for by the legislation of the Russian Federation on taxes and fees.
2. The following bodies shall be deemed competent to make decisions on declaring arrears and debts on penalties and fines as bad and on writing them off:
1) tax authorities at the location of an organisation or place of residence of a natural person (except as provided for by Subitems 2 and 3 of this Item) - in the circumstances stipulated by Subitems 1-3 of Item 1 of this article;
2) tax authorities at the place of registration of a taxpayer, payer of fees or tax agent (except as provided for by Subitem 3 of this item) - in the circumstances provided for by Subitems 4 and 5 of Item 1 of this article;
Federal Law No. 306-FZ of November 27, 2010 amended Subitem 3 of Item 2 of Article 59 of this Code. The amendments shall enter into force on January 1, 2011 but not earlier than upon the expiry of one month from the day of the official publication of the said Federal Law
3) customs authorities determined by the federal executive power body authorised in
respect of customs affairs - as regards the taxes, penalties and fines to be paid in connection with movement of commodities across the customs border of the Customs Union.
3. Laws of constituent entities of the Russian Federation and normative legal acts of representative bodies of municipal entities may establish additional grounds for declaring arrears of regional and local taxes and debts on penalties and fees related to these taxes as bad.
The provisions of Item 4 of Article 59 of this Code (in the wording of Federal Law No. 229-FZ of July 27, 2010) shall apply to the sums of a tax, fee, penalty and fine which are written off the accounts of taxpayers, payers of fees and tax agents but are not remitted by banks to the budget system of the Russian Federation before the date when this Federal Law enters into force
4. The sums of taxes, fees, penalties and fines written off the bank accounts of taxpayers, payers of fees and tax agents but not remitted to the budget system of the Russian Federation shall be declared as bad and shall be written off in compliance with this article, if at the time of adoption of the decision on declaring the cited sums as bad and on their writing off the appropriate banks are liquidated.
Federal Law No. 306-FZ of November 27, 2010 amended Item 5 of Article 59 of this Code. The amendments shall enter into force on January 1, 2011 but not earlier than upon the expiry of one month from the day of the official publication of the said Federal Law
5. A procedure for writing off arrears and debts on penalties and fines declared as bad, as well as a list of documents proving the circumstances provided for by Item 1 of this article, shall be endorsed by the federal executive power body authorised to exercise control and supervision in respect of taxes and fees and by the federal executive power body authorised in respect of customs affairs (as regards the taxes, fees and fines to be paid in connection with movement of commodities across the customs border of the Customs Union).
6. The rules provided for by this article shall likewise apply when writing off bad debts on the interest provided for by Chapter 9, as well as by Article 176.1 of this Code.
Article 60. Obligations of Banks on the Execution of Orders to Remit Taxes and Fees 1. Banks shall be obliged to execute a taxpayer's order to remit taxes to the budget
system of the Russian Federation onto the appropriate Federal Treasury account (hereinafter referred to in this Article as taxpayer's order), as well as an order of the tax authorities to remit taxes to the budget system of the Russian Federation (hereinafter referred to in this Article as tax authority's order) at the expense of monetary funds of the taxpayer or tax agent in the order established by the civil legislation of the Russian Federation.
2. An order of a taxpayer or an order of a tax authority shall be executed by the bank within one trading day following the day when such order is received, unless otherwise provided for by this Code. No service fee shall be charged for such operations.
When a natural person files with a separate subdivision of a bank not having the correspondent account (control account) an order to remit tax, the time period established by Paragraph One of this Item for execution by the bank of the taxpayer's order shall be extended by the time of delivery in the established procedure of such order by the federal postal communication office to a separate subdivision of the bank with the correspondent account (control account) but by five trading days at most.
3. Provided there are monetary balances on the account of a taxpayer, banks shall not have the right to delay the execution of a taxpayer's order or a tax agent's order.
3.1. Where it is impossible to execute a taxpayer's order or a tax agent's order within the time period established by this Code because of the absence (insufficiency) of monetary funds on the correspondent account of a bank opened with an institution of the Central Bank of the Russian Federation, the bank shall be obliged within the day following the date of expiry of the time period for execution of the order established by this Code to report its failure to execute (its partial execution) of the taxpayer's order to the tax authority at the bank's location and to the taxpayer, and its failure to execute (its partial execution) of the tax agent's order to the tax authority which has sent this order and to the tax authority at the location of the bank (of its separate subdivision).
4. Banks shall be held liable for a failure to perform or undue performance of the obligations stipulated in this Article as per this Code.
The application of measures of responsibility shall not release the bank of the duty of transferring the amount of the tax to the budget system of the Russian Federation. In the case of the bank's default on the said duty within the fixed time, this bank shall be liable to measures of recovery of the non-transferred sums of the tax or the due at the expense of pecuniary means in an order similar to that stipulated by Article 46 of this Code. Measures of recovery of such sums of tax or duty at the expense of other assets shall be applied in the procedure provided for by Article 47 of this Code.
4.1. Repeated failure to perform the said obligations during one calendar year shall provide grounds for a tax service body to file a request with the Central Bank of the Russian Federation that the licence for making banking operations be withdrawn.
4.2. The claim for remittance of tax to the budget system of the Russian Federation (hereinafter referred to in this article as a claim for tax remittance) must be forwarded to a bank in electronic form via telecommunication channels at the latest in three months from the date of detecting the tax amount which has not been remitted to the budget system of the Russian Federation and of a tax authority drawing up the document in respect of detecting the tax amount which is not remitted to the budget system of the Russian Federation.
As a claim for tax remittance shall be deemed a bank notice of the non-remitted amount of tax, as well as of the duty to remit this tax amount in due time.
The formats of claims for tax remittance, as well as a procedure for forwarding this claim in electronic form, shall be endorsed by the federal executive power body authorised to exercise control and supervision in respect of taxes and fees.
5. The rules established by this Article shall also apply to banks' obligations to execute orders of tax agents or payers of fees, and shall extend to the remittance of fees, penalties and fines to the budget system of the Russian Federation.
6. The rules established by this Article shall likewise apply to execution by a bank of orders of local government bodies and of federal postal communication offices to remit to the budget system of the Russian Federation onto the appropriate Federal Treasury account the monetary funds accepted from taxpaying natural persons (tax agents and payers of fees).
7. When banks execute orders to pay back to taxpayers, tax agents and payers of fees the amounts of excessively paid (collected) taxes, penalties and fines, no service fee shall be charged for such operations.
Chapter 9. Changes in Deadlines for Payment of Taxes and Dues, as Well as Penalties and Fines
According to Federal Law No. 147-FZ of July 31, 1998 the provisions of Part One of this Code
shall not be applied to the relations regulated by Federal Law No. 83-FZ of July 9, 2002 on the Financial Improvement of Agricultural Commodity Producers
Article 61. General Terms for Changing the Deadline for Paying Taxes or Fees, as well as Penalties and Fines
1. A change in the deadline for paying a tax or a fee shall be construed as postponement of the established deadline for paying the tax or the fee or any part thereof until a later date.
2. A change in the deadline for paying taxes and fees shall be allowed in the procedure established by this Chapter.
The deadline for paying tax and/or fee may be changed with respect to the entire amount of tax and/or fee payable or a part thereof (hereinafter referred to in this chapter as the amount of debt) with interest accruing on the outstanding liability (hereinafter referred to in this Chapter as the outstanding liability), unless otherwise provided for in this Chapter.
A change in the deadline for paying the state duty shall be made subject to the specifics provided for by Chapter 25.3 of this Code.
3. A change in the deadline for paying a tax or fee shall be made in the form of a deferral, an installment plan, or an investment tax credit.
3.1. The person claiming for changes in the deadline for paying a tax or fee (hereinafter referred to in this chapter as the person concerned) is entitled to file, concurrently with an application for deferment in payment of a tax and/or fee or for payment thereof by installments, an application for granting an investment tax credit.
When considering an application of the person concerned for deferment in payment of a tax and/or fee or for payment thereof by installments and an application for granting an investment tax credit, the body authorised to make decisions on changing the deadlines for paying taxes and fees is entitled to offer the cited person other terms of allowing a deferment in payment of tax and/or fee or payment thereof by installments and of granting an investment tax credit provided for by this chapter which shall be applied with the approbation of the person concerned.
4. A change in the deadline for fulfilling the obligation to pay taxes and fees shall not annul the existing tax or fee obligation, nor shall it give rise to a new one.
5. The change in the deadline for paying taxes and fees may be made by decision of the bodies cited in Article 63 of this Code, secured by a pledge of property in compliance with Article 73 of this Code or by suretyship in compliance with Article 74 of this Code, unless this Chapter provides otherwise.
6. The term of payment of the taxes provided for by special tax regimes shall be changed in the order prescribed by this Chapter.
The provisions of this chapter shall also apply when allowing postponement of payment of a penalty or fine or their payment by installments.
7. Abrogated from January 1, 2007. 8. The term for the payment of a tax and a fee, as well as a penalty and fine, shall be
changed by the tax bodies in accordance with the procedure, defined by the federal executive power body authorised to exert control and supervision in the area of taxes and fees.
9. The operation of this chapter shall not extend to tax agents.
Article 62. Circumstances Ruling out Changes in the Deadline for Payment of Tax or
Fee
1. The deadline for paying a tax and/or fee may not be changed, if with respect to the person concerned:
1) a criminal case has been initiated upon the signs of a crime in connection with abuse of the tax legislation;
Federal Law No. 306-FZ of November 27, 2010 amended Subitem 2 of Item 1 of Article 62 of this Code. The amendments shall enter into force on January 1, 2011 but not earlier than upon the expiry of one month from the day of the official publication of the said Federal Law
2) proceedings in a tax or administrative offence concerning taxes and fees or customs business as regards the taxes payable in connection with movement of commodities across the customs border of the Customs Union have been under way;
3) there are sufficient grounds to believe that the person would use such change to conceal his monetary assets or other property subject to taxation, or such person is going to leave the Russian Federation for good to find a permanent residence elsewhere.
4) within three years before the date when this person files an application for changing the deadline for payment of a tax and/or fee the body cited in Article 63 of this Code adopted a decision to terminate operation of a previously allowed deferment in payment, or payment by installments, or previously granted investment tax credit in connection with violation of the terms of an appropriate change in the deadline for paying the tax or fee.
2. In the presence of circumstances specified in Item 1 of this Article, no decision to change the deadline for fulfilling a a tax and/or fee obligation shall be made, and if passed, such decision shall be cancelled.
Within three business days after this decision has been ruled ineffective, the person concerned and the tax service body at the place of registration of that person shall be given a written notice thereof.
The person concerned shall have the right to appeal the decision in accordance with the procedure established by this Code.
3. In respect of organisations profit tax to be paid for a consolidated group of taxpayers the time for the tax payment shall not be changed.
Article 63. The Bodies Authorised to Take Decisions on the Change of the Terms of the Payment of Taxes and Fees
1. The bodies whose jurisdiction covers the decision-making on the change of the terms of the payment of taxes and fees (hereinafter referred to as the authorised bodies) include:
1) for federal taxes and fees - the federal executive body authorised to exercise control and supervision in the area of taxes and fees (except for the case stipulated by Subitems 3, 4 6 and 7 of this Item, Items 2, 4 and 5 of this Article);
2) for regional and local taxes - the tax bodies in the place of location (residence) of the interested person (except as provided for by Subitem 7 of this item). Decisions on the change of the terms of tax payment shall be taken by agreement with the respective financial bodies of the subjects of the Russian Federation and the municipal entities (except for the case stipulated by Item 3 of the present Article);
Federal Law No. 306-FZ of November 27, 2010 amended Subitem 3 of Item 1 of Article 62 of this Code. The amendments shall enter into force on January 1, 2011 but not earlier than
upon the expiry of one month from the day of the official publication of the said Federal Law 3) with respect to taxes payable in connection with the movement of commodities across
the customs border of the Customs Union - the federal executive body authorised in the customs area or the customs bodies authorised by it;
4) for the state duty - the bodies (officials) authorised in accordance with Chapter 25.3 of this Code to make legally relevant actions payable by the state duty;
5) abrogated from January 1, 2010. 6) for tax on natural persons' income to be paid by natural persons who are not individual
businessmen, as regards the part thereof which is not taxed by tax agents when received - the tax authorities at the place of these persons' residence. Decisions on changing the deadlines for paying tax on the cited income shall be adopted in respect of the sums which are subject to entering onto budgets of constituent entities of the Russian Federation and local budgets with the approbation of financial authorities of appropriate constituent entities of the Russian Federation and municipal entities;
7) for tax on organisations' profit at the tax rate fixed for entering the cited tax to budgets of constituent entities of the Russian Federation and for regional taxes as regards changing the deadlines for paying the cited taxes in the form of an investment tax credit - the bodies appropriately authorised by the legislation of constituent entities of the Russian Federation.
2. If in accordance with the budget legislation of the Russian Federation the federal taxes and fees are subject to the entry to the federal budget and/or the budgets of the subjects of the Russian Federation and the local budgets, the terms of the payment of such taxes and fees (except for the state duty) shall be changed on the basis of decisions taken by the authorised bodies cited in Item 1 of this Article in respect to the sums subject to the entry to the budgets of the subjects of the Russian Federation and the local budgets by agreement with the financial bodies of the respective subjects of the Russian Federation and of municipal entities.
3. If in accordance with the legislation of the subjects of the Russian Federation regional taxes are liable to the entry to the budgets of these subjects and/or the local budgets, the terms of the payment of such taxes shall be changed on the basis of the tax bodies in the place of the location (residence) of the interested persons in respect to the sums subject to the entry to:
the budgets of the subjects of the Russian Federation - by agreement with the financial bodies of the respective subjects of the Russian Federation;
the local budgets - by agreement with the financial bodies of the respective municipal entities.
4. In the case provided for by Paragraph Two of Item 1 of Article 64 of this Code a decision to change the time of paying federal taxes and fees shall be adopted by the Government of the Russian Federation.
5. Where it is provided for by Article 64.1 of this Code, the decision on changing the time for paying federal taxes shall be adopted by the minister of finance of the Russian Federation.
Article 64. Procedure and Conditions for Allowing Tax Deferment or Payment of Tax and Charge by Instalments
1. Tax deferment or payment of tax by instalments means changing the time of tax payment for the reasons stated in this Chapter, for a period of one year at most respectively, with the one-time or step-by-step payment of the arrears.
Deferment in payment or payment by instalments of federal tax, as regards the part thereof to be remitted to the federal budget, for a time period over one year and three years at most may be granted by decision of the Government of the Russian Federation.
Where it is provided for by Article 64.1 of this Code, postponement of payment of federal taxes or their payment by installments within the time period of five years at most may be allowed by decision of the minister of finance of the Russian Federation.
2. A deferment in tax payment or its payment by installments may be allowed to the person concerned whose financial status makes impossible its payment in due time but where there are sufficient grounds to believe that the cited person will be able to be pay such tax within the time period for which the deferment in payment or payment by installments is allowed, where there is at least one of the following grounds:
1) damage has been caused to this person as a result of a natural calamity, technogenic catastrophe or other acts of God;
2) failure to grant budget appropriations and/or limits of budget liabilities to the person concerned or their untimely granting thereto and/or failure to bring (untimely bringing of) limit amounts for financing the outlays of a person concerned being the recipient of budget assets in a volume which is sufficient for discharge in due time by this person of the duty of tax payment, as well as failure to remit (untimely remittance) of monetary assets to the person concerned from the budget, in the amount sufficient for discharging by this person in due time the duty of tax payment, in particular on account of payment for services rendered, works carried out and commodities supplied by this person for meeting state or municipal needs;
3) the threat of emergence of the signs of insolvency (bankruptcy) of the person concerned in case of tax payment as a lump sum;
4) a natural person's property status (without regard to the property against which execution may not be levied under the legislation of the Russian Federation) makes it impossible to pay the tax as a lump sum;
5) the production and/or sale of commodities, works or services by a person concerned is of seasonal nature;
Federal Law No. 306-FZ of November 27, 2010 amended Subitem 6 of Item 2 of Article 64 of this Code. The amendments shall enter into force on January 1, 2011 but not earlier than upon the expiry of one month from the day of the official publication of the said Federal Law
6) where there are grounds for allowing deferment in payment or payment by installments of taxes which are subject to payment in connection with movement of commodities across the customs border of the Customs Union established by the customs legislation of the Customs Union and the customs legislation of the Russian Federation.
2.1. Where there are the grounds cited in Subitems 1, 3 - 6 of Item 2 of this article, deferment in tax payment or its payment by installments may be allowed to an organisation at most to the amount of its net wealth value and to a natural person at most to the amount equal to the property cost thereof, except for the property against which execution may not be levied under the legislation of the Russian Federation.
3. Tax or fee deferment or payment of a tax or fee by instalments may be allowed with respect to one or several taxes and charges.
Federal Law No. 306-FZ of November 27, 2010 amended Item 4 of Article 64 of this Code. The amendments shall enter into force from January 1, 2011 but not earlier than upon the expiry of one month from the day of the official publication of the said Federal Law
4. If a tax deferment or payment of tax by instalments is allowed for reasons stated in subitems (3), (4) and (5) of Item 2 of this Article, the amount of arrears accrues interest in accordance with a rate equal to 1/2 the refinancing rate of the Central Bank of the Russian Federation effective during the period when tax deferment or payment of tax by instalments is allowed, unless otherwise prescribed by the customs legislation of the Customs Union and the customs legislation of the Russian Federation with respect to the taxes/charges payable in
connection with the movement of goods across the customs border of the Customs Union. If a deferment (payment by instalments) is allowed for reasons as per subitems 1) and
2) of Item 2 of this Article, the amount of the arrears does not accrue interest. 5. An application for allowing deferment in tax payment or its payment by installments
shall be filed by a person concerned with an appropriate authorised body. A copy of the cited application within a five-day term as from the date when it is filed with the authorised body shall be forwarded by the person concerned to the tax authority at the place of registration thereof. The following documents shall be attached to an application for allowing deferment in tax payment or its payment by installments:
1) reference note of the tax authority at the place of this person's registration in respect of the status of settlements thereof as to taxes, fees, penalties and fines;
2) reference note of the tax authority at the place of this person's registration containing a list of all bank accounts opened for the cited person;
3) reference notes of banks about monthly turnovers for each month from the six months preceding the cited application's filing on this person's bank accounts, as well as about the availability of the settlement documents thereof placed in an appropriate card-index of outstanding settlement documents or about their absence in this card-index;
4) reference notes of banks about the balance of monetary assets on all bank accounts of this person;
5) list of this person's contractors which are debtors thereof citing the prices of the contracts made with appropriate contractors which are debtors thereof (amount of other liabilities and grounds for their occurrence) and the time for their execution, as well as copies of these contracts (of the documents proving the presence of other grounds for the occurrence of a liability);
6) this person's obligation which provides for the observance within the time period of changing the term of the tax payment the conditions under which the decision on allowing deferment in tax payment or its payment by installments is taken, as well as the time schedule for paying off debts proposed by such person;
7) documents proving the availability of the grounds for changing the time of tax payment which are cited in Item 5.1 of this Article.
5.1. To an application for allowing deferment in tax payment or its payment by installments on the grounds cited in Subitem 1 of Item 2 of this article shall be attached an opinion about the actual occurrence of acts of God serving as a ground for filing this application in respect of the person concerned, as well as a report on assessment of the damage caused to this person as a result of the cited circumstances drawn up by the executive power body (state body, local self-government body) or by the organisation authorised in respect of civil defence, protection of the population and territories against emergency situations.
To an application for allowing deferment in tax payment or its payment by installments to a person concerned that is the recipient of budget assets on the ground cited in Subitem 2 of Item 2 of this article shall be attached a document issued by a financial authority and/or the chief administrator (administrator) of budget assets containing data on the amount of budget appropriations and/or limits of budget liabilities which are not granted (are not granted in due time) to the cited person and/or on the amount of the limit volume of financing outlays which are not provided (are not provided in due time) to this person in the extent sufficient for this person's discharge in due time of the duty of tax payment.
To an application for allowing postponement in tax payment or its payment by installments on the ground cited in Subitem 2 of Item 2 of this article to a person concerned to which budget monetary assets have not been remitted (have not been remitted in due time) in the volume sufficient for discharge by this person in due time the duty of tax payment, in particular on account of the services rendered, works carried out and commodities supplied by
this person for meeting the state or municipal needs, shall be attached the document of the budget assets' recipient containing data on the amount of monetary assets which has not been remitted (has not been remitted in due time) to this person from the budget in the extent sufficient for discharge by this person of the duty of tax payment, or a document issued by the state or municipal customer containing data on the amount of monetary funds that has not been remitted (has not been remitted in due time) to this person in the extent sufficient for discharging by such person in due time the duty of tax payment on account of payment for the services rendered (works carried out or commodities supplied) for meeting state or municipal needs.
The availability of the ground cited in Subitem 3 of Item 2 of this article shall be established on the basis of the results of analysis of the financial status of an economic agent carried out by the federal executive power body authorised to exercise control and supervision in respect of taxes and fees in compliance with the methods approved by the federal executive power body authorised to exercise the functions of formulation of state policy and normative legal regulation in respect of insolvency (bankruptcy) and financial improvement.
To an application for allowing deferment in tax payment or its payment by installments on the ground cited in Subitem 4 of Item 2 of this article shall be attached data on a natural person's movable and immovable property (except for the property against which execution may not be levied in compliance with the legislation of the Russian Federation).
To an application for allowing deferment in tax payment or its payment by installments on the grounds cited in Subitem 5 of Item 2 of this article shall be attached a document drawn up by a person concerned which proves that in the total income derived from the sale of such person's commodities (works, services) the share of the income thereof derived from the branches and kinds of activities included in the list of branches and kinds of activities of a seasonal nature endorsed by the Government of the Russian Federation constitutes at least 50 per cent.
5.2. A person concerned in an application thereof for allowing deferment in tax payment or its payment by installments shall undertake to pay the interest added to the amount of debt in compliance with this chapter.
5.3. A person concerned shall file at the request of an authorised body documents concerning the property which can be put in pledge or a surety commitment.
6. A decision to allow a tax deferment or payment by instalments or to withhold permission is taken by the authority within 30 days from receipt of the petition.
Upon the request of a person concerned the authority may take a decision to suspend (for the period while the petition for a tax deferment or payment of tax by instalments is being considered) the payment of arrears by the person concerned. A copy of such decision is filed by the person concerned with the local tax authority within five days of the passage of such decision.
A decision on allowing deferment in tax payment or its payment by installments shall be adopted by an authorised body at the time fixed by Paragraph One of this item with the approbation of financial authorities in compliance with Article 63 of this Code.
7. Abrogated. 8. A decision to allow a tax deferment or payment of tax by instalments shall mention the
amount of arrears, tax or charge that the petitioner seeks to defer or pay by instalments, the time and procedure of payment of the amount of arrears and accrued interest, and in appropriate cases documents concerning the property that is the subject of pledge or the guarantee.
A decision to allow a deferment or payment by instalments mentions the date when such decision takes effect. The penalty payable for the entire period from the date appointed for tax or fee payment to the effective date of such decision is included in the amount of arrears if such payment date precedes the effective date of such decision.
If a deferment or payment by instalments is allowed against a property pledge, the decision to allow such deferment (payment by instalments) takes effect only after an agreement is effected on a property pledge in the manner prescribed by Article 73 of this Code.
Paragraph 4 is abrogated. 9. A permission to defer payment or pay by instalments may not be withheld
unreasonably. Paragraph 2 is abrogated. A decision to deny a deferment or payment by instalments may be appealed by a
concerned person in the manner prescribed by the legislation of the Russian Federation. 10. A copy of a decision allowing or denying a deferment or payment by instalments is
sent by the proper authority within three days of passage of such decision to the person concerned and to the local tax authority at the place of residence of such person.
11. Abolished from January 1, 2004. 12. Additional reasons and other conditions for allowing a deferment or payment by
instalments of regional and local taxes and charges, fees and penalties accordingly may be prescribed by the laws of the subjects of the Russian Federation and by normative legal acts of representative bodies of municipal formations.
13. The rules of this Article shall also apply to the procedure and conditions for granting deferment or instalment plans for the purposes of paying fees, unless otherwise stipulated by the legislation of the Russian Federation on taxes and fees.
Article 64.1. Procedure for and Terms of Allowing Postponement of Payment of Federal Taxes or Payment Thereof by Installments
According to Federal Law No. 224-FZ of November 26, 2008 decisions on changing the term for payment of federal taxes, in cases provided for in this Article, may be adopted before January 1, 2010
1. A postponement of payment of one or several federal taxes or payment thereof by installments, as well as of penalties and fines related to federal taxes, may be allowed by decision of the minister of finance of the Russian Federation subject to the specifics provided for by this Article.
The postponement of payment or payment by installments provided for by Paragraph One of this Item may be allowed if the amount of an organisation's debt as of the first day of the month when an application for allowing a postponement or payment by installments (hereinafter referred to in this Article as application) exceeds 10 billion roubles and its one-time repayment poses a danger of unfavourable socio-economic effects.
2. The organisation claiming for a postponement or payment by installments in the procedure provided for by this Article shall file with the Ministry of Finance of the Russian Federation an application with the following documents attached thereto:
1) reference note of a tax authority in respect of the state of settlements related to taxes, fees and fines;
2) a probable time schedule of debt repayment; 3) documents and data proving the danger of unfavourable socio-economic effects
caused by a one-time debt repayment; 4) consent in writing given by an organisation to divulgence of data constituting a tax
secret which are connected with consideration of the organisation's application. 3. A copy of the application shall be forwarded by an organisation to the tax agency at
the place of registration thereof. 4. A decision in respect of the application of an organisation shall be adopted within one
month as of the date when it is received. The decision on postponement or payment by installments in respect of the amounts to
be entered to budgets of constituent entities of the Russian Federation and/or local budgets shall be coordinated with fiscal bodies of the Russian Federation and/or a municipal entity.
abrogated from January 1, 2010. 5. Interest shall be accrued on the amount of debt in respect of which the decision has
been rendered on postponement of payment or payment by installments at the rate which is equal to one half of the refinancing rate of the Central Bank of the Russian Federation effective within the period for which postponement of payment or payment by installments is allowed.
The postponement of payment or payment by installments provided for by this Article may be allowed without granting any kind of security thereto.
Article 65. Abrogated from January 1, 2007. Federal Law No. 154-FZ of July 9, 1999 amended Article 66 of this Code The amendments shall enter into force upon the expiry of one month from the day of the official publication of the said Federal Law See the previous text of the Article
Article 66. Investment Tax Credit
1. An investment tax credit constitutes a tax rescheduling arrangement under which an organisation is allowed, if there are the grounds referred to in Article 67 of this Code for the following, to reduce its tax payments during a certain period and to a certain extent, with a subsequent gradual payment of the amount of the credit and of the accrued interest.
An investment tax credit may be granted to an organisation with respect to tax on its profits, and also with respect to regional and local taxes.
An investment tax credit may be granted for a one to five year period. The investment tax credit may be given for the term of up to ten years on the basis
indicated in Subitem 6 of Item 1 of Article 67 of this Code. 2. An organisation that receives an investment tax credit may reduce its appropriate tax
payments during the effective period of the investment tax credit agreement. Each payment of the corresponding tax for which an investment tax credit has been
extended is reduced during each reporting period until the amount that is retained by the organisation as a result of all such reductions (accumulated amount of credit) becomes equal to the credit amount prescribed by an appropriate agreement. The specific manner of reducing tax payments shall be determined in the concluded contract on the investment tax credit.
If an organisation effects more than one investment tax credit agreement effective at the time of the next tax payment, the accumulated credit amount is determined separately for each of these agreements. The accumulated amount of the credit is increased initially for the earliest agreement; when this accumulated amount of the credit becomes equal to the credit size stated in such agreement, the organisation may increase the accumulated amount of the credit in accordance with the next-in-line agreement.
3. In each reporting period (irrespective of the number of investment tax credit agreements) the amounts that reduce an organisation's tax payments may not exceed 50 per cent of amount of appropriate tax payments as calculated under general rules if there were no investment tax credits in existence. The amount of credit accumulated during a tax period may not exceed 50 per cent of the amount payable by the organisation as tax during this tax period. If the accumulated sum of credit exceeds the maximum amounts for which it is possible to reduce the tax and which are fixed by this Item for such reporting period, the difference between
this amount and the maximally admissible amount shall be shifted to the next reporting period. The provisions of this paragraph shall be applied, unless envisaged otherwise by the contract on the investment tax credit, concluded on the basis indicated in Subitem 6 of Item 1 of Article 67 of this Code.
If an organisation incurs losses in a reporting period that is part of a larger tax period or losses during an entire tax period, an excessive amount of credit accumulated in a tax period is carried forward to the next tax period and is recognised as an accumulated amount of credit during the first reporting period of the new tax period.
Article 67. Procedure and Conditions of Granting Investment Tax Credits
1. An investment tax credit may be granted to an organisation if it must pay the appropriate tax provided one of the following applies:
1) such organisation conducts research, development, testing and evaluation works or modernizes its production facilities, including a modernization effort aimed at creating jobs for disabled persons or protection of the environment from industrial pollution and/or improves energy efficiency of production of commodities, carrying out works, rendering services;
2) such organisation is engaged in introducing new equipment or innovations, including the creation of new or improvement of existing technologies and the creation of new kinds of raw and other materials;
3) such organisation is fulfilling a very important order relating to the socio-economic development of a region or is rendering very important services to the population;
4) such organisation is engaged in executing a state defence order; 5) making investments on the part of this organisation in the creation of objects with the
highest class of energy efficiency, including apartment houses, and/or qualified as renewable sources of energy and/or qualified as objects producing thermal energy, electric energy with efficiency ratio greater than 57 percent and/or other objects, technologies with a high energy efficiency according to the list endorsed by the Government of the Russian Federation.
6) inclusion of such an organisation in the register of residents of a zone for territorial development in accordance with Federal Law on zones for territorial development in the Russian Federation and about modification of separate acts of the Russian Federation.
2. An investment tax credit is granted: 1) for reasons specified in Subitems 1 and 5 of Item 1 of this Article, for an amount of
credit equal to 100 per cent of the value of the equipment acquired by the organisation concerned provided this equipment is used for the purposes specified in this Subitem;
2) for reasons specified in Subitems 2 - 4 of Item 1 of this Article, for amounts of credit that are determined by agreement between the proper authority and the concerned organisation.
3) on the basis indicated in Subitem 6 of Item 1 of this article, - for the credit sum constituting no more than 100 per cent of the sum of the expenses on capital investments on acquisition, construction, additional equipment, reconstruction, modernisation, technical re- equipment of the amortized property intended and used for the performance by residents of zones for territorial development of investment projects in accordance with Federal Law on zones for territorial development in the Russian Federation and about modification of separate acts of the Russian Federation.
3. Reasons entitling an organisation to an investment tax credit must be documented by such organisation.
4. An investment tax credit is granted to an organisation if such organisation files an appropriate petition; an agreement of due format is concluded to this effect between a respective authority and the organisation. In the cited application an organisation shall undertake to pay the interest added to the amount of debt in compliance with this Chapter.
The format of an investment tax credit is prescribed by the authorised body that takes a decision to grant an investment tax credit.
An organisation is entitled to file an application with an appropriate authorised body for granting an investment tax credit or an application for allowing deferment in tax payment or its payment by installments.
5. A decision to grant or deny an organisation an investment tax credit is taken by a proper authority by approbation of the financial bodies in compliance with Article 63 of this Code within 30 days of the receipt of such organisation's petition. An organisation's having one or several investment tax credit agreements may not be an obstacle to effecting another such agreement with this organisation for other reasons.
In the absence of the circumstances indicated in Item 1 of Article 62 of this Code the authorised body shall not be empowered to refuse to the interested person in providing the investment tax credit on the basis indicated in Subitem 6 of Item 1 of this article in the limits of the sum of the expenses of such a person on capital investments in the acquisition, construction, additional equipment, reconstruction, modernisation, technical re-equipment of the amortised property intended and used for the performance by residents of zones for territorial development of investment projects in accordance with Federal Law on Zones for Territorial Development in the Russian Federation and on Amending Separate Acts of the Russian Federation, for the term indicated in the application of the interested person, taking into account the restrictions established by Article 66 of this Code.
6. An investment tax credit agreement shall mention the manner of reducing tax payments, the amount of the credit (and specify the tax covered by the granted investment tax credit), the duration of the agreement, the interest that accrues on the credit, the procedure for repayment of the principal amount and interest accrued, documents relating to the property that is used as pledge or security, responsibilities of the parties. If an investment tax credit is granted on the security of property, an agreement of property pledge shall be made in the procedure provided for by Article 73 of this Code.
An investment tax credit agreement shall contain provisions against the sale or transfer for possession, use or disposal, throughout the duration of the agreement, of equipment or other property the purchase of which was the reason for this organisation's effecting such agreement; otherwise, the conditions of such sale (transfer) are laid down.
Interest charged on the credit may not be lower than 1/2 and higher than 3/4 of the refinancing rate of the Central Bank of the Russian Federation, unless otherwise provided for by this article.
If the investment tax credit is given on the basis indicated in Subitem 6 of Item 1 of this article interest upon the sum of debts shall not be charged.
A copy of the agreement is filed by the organisation at the local tax authority within five days of the conclusion of such agreement.
7. Laws of constituent entities of the Russian Federation in respect of organisations' profit tax (as regards the sum of such tax which is subject to remittance to budgets of constituent entities of the Russian Federation) and in respect of regional taxes, and regulatory legal acts of representative bodies of municipal entities in respect of local taxes, may establish other grounds
and terms of granting an investment tax credit, including the validity term of an investment tax credit and interest rate on the sum of the credit.
See the Article in the previous wording
Article 68. Termination of Operation of Deferment, Payment by Instalments or Investment Tax Credit
1. The operation of a tax deferment, payment-by-instalments arrangement or investment tax credit is terminated upon the expiration of the duration of appropriate decision or agreement or it may be terminated before the expiration of such period in cases prescribed by this Article.
2. The operation of a tax deferment, payment-by-instalments arrangement or investment tax credit terminates early if the entire tax or fee amount due and appropriate interest are paid before the expiration of the agreed-upon period.
3. The operation of a tax credit or investment tax credit may be terminated early by a court decision if the person concerned violates the conditions of a tax deferment or payment-by- instalments arrangement, the operation of the tax deferment or payment-by-instalments arrangement may be terminated prior to the maturity date by decision of the authority that took the original decision to reschedule the period of repayment of a tax and fee.
4. If the operation of a tax deferment or payment-by-instalments arrangement is terminated prior to the maturity date, the person concerned shall, where it is provided for by Item 3 of this article, within one month of receipt of the appropriate decision, pay up the entire amount of arrears plus the penalty for each calendar day beginning on the day following the date of receipt of such decision through the date of full payment of such amount.
An outstanding amount of arrears is defined as the difference between the amount of arrears named in the decision to grant a deferment (payment-by-instalments arrangement) plus the interest calculated in accordance with the decision to grant a deferment (payment-by- instalments arrangement) for the period of operation of the deferment (payment-by-instalments arrangement) and the actually paid amounts and interest.
5. Notice that it has been decided to terminate a deferment or payment-by-instalments arrangement or to terminate a tax credit agreement or investment tax credit agreement is given by the appropriate authority to the person concerned by registered mail within five days of the adoption of such decision. A notice of the repeal of the decision on the delay or instalment plan shall be deemed to be received upon the expiry of six days after the date of sending a registered letter.
A copy of such decision is sent within the same deadlines to the local tax authority at the place where the person concerned is registered.
6. An authority's decision to terminate early a deferment or payment-by-instalments arrangement may be appealed by the person concerned at a court of law in a manner prescribed by the legislation of the Russian Federation.
7. The operation of an investment tax credit agreement may be terminated prior to the maturity date as agreed upon by the parties or by a court decision.
8. If throughout the duration of a tax credit agreement or an investment tax credit agreement the organisation that enters into such agreement fails to comply with the contractual conditions of sale or transfer for possession, use or disposal of equipment or other property the purchase of which caused the conclusion of such agreement, such agreement shall be terminated by court decision. If so, the organisation shall, within one month of the receipt of
such decision, pay all outstanding tax amounts that have not yet been paid under the agreement, plus appropriate penalties and interest on outstanding tax amounts accruing every calendar day while the investment tax credit agreement is in operation based on the refinancing rate of the Central Bank of the Russian Federation in effect during the period from the conclusion to the termination of such agreement.
9. If an organisation that is granted an investment tax credit for reasons stated in Subitem 3 of Item 1 of Article 67 of this Code, is in breach of obligations the investment tax credit is contingent upon, such agreement shall be terminated early by a decision of an arbitration court. If so, during an agreed-upon period but in any case within three months of the date of termination of the agreement, the organisation shall pay up the entire amount of outstanding tax and interest on this amount that accrues each calendar day while the agreement is effective based on a rate equal to the refinancing rate of the Central Bank of the Russian Federation.
10. The interest provided for by this chapter which is to be paid by the person concerned, in case of failure to meet the date for its payment, shall be recovered in a procedure similar to that for recovering interest provided for by Article 176.1 of this Code.
11. If the organisation that received the investment tax credit on the basis indicated in Subitem 6 of Item 1 of Article 67 of this Code, breached its obligations in connection with the performance of which the particular investment tax credit was received not later than in three months from the date of the dissolution of the contract on the investment tax credit it shall be obliged to pay all the sum of the tax not paid, as well as the interest for such a sum that are accrued for each calendar day beginning from the day following the day of the cancellation of the contract, to the day of the payment of tax. The interest rate shall be assumed equal to the rate of refinancing of the Central Bank of the Russian Federation in effect on such days.
Chapter 10. Demand to Pay Taxes and Fees
Article 69. Demand to Pay a Tax or Fee
1. As a demand to pay a tax shall be deemed a notice sent to a taxpayer concerning an outstanding amount of tax, as well as such taxpayer's obligation to pay an outstanding amount of tax within an established period of time.
2. A demand to pay a tax or fee is presented to a payer of tax or fee if such payer has not fully discharged his/her arrears.
Where there are arrears of organisations profit tax in respect of a consolidated group of taxpayers, the demand to pay the tax shall be forwarded to the responsible participant in this group.
3. A demand to pay a tax or fee is presented to a payer of tax or fee introspectively of whether such payer is brought to account on charges of violation of tax or fee legislation.
Federal Law No. 404-FZ of December 28, 2010 amended Item 4 of Article 69 of this Code. The amendments shall enter into force from January 15, 2011 See the Item in the previous wording
4. A demand to pay a tax or fee shall contain information concerning the amount of arrears relating to the tax or fee, the penalty having accrued by the time the demand is presented, the statutory deadline for the discharge of the obligation to pay the tax or fee, the
deadline for the fulfilment of the demand, and the measures for the recovery of the tax and the security of the discharge of the duty of tax payment that are applicable if a taxpayer fails to comply with such demand.
In all cases such demand shall contain detailed data explaining why the tax or fee is collected and a reference to the provisions of the legislation on taxes and fees that establishes the duty of the payer of tax or fee to pay the tax.
If the sum of arrears detected as a result of a tax inspection makes it possible to suppose that there is a breach of the legislation on taxes and fees with the signs of a crime, the demand to be forwarded must contain a warning to the effect that the tax authority will be obliged, in case of failure to pay in full the sums of arrears, penalties and fines in due time, to forward to the investigatory bodies the corresponding documents for the purpose of deciding on the initiation of criminal proceedings.
A demand to pay tax has to be fulfilled within 8 days as of the date of receiving the said demand, unless a longer time period for the tax payment is specified in this demand.
5. A demand to pay a tax is presented to a payer of tax or fee by the tax authority with which the taxpayer is registered. The form of a demand is established by the federal executive body authorised to exercise control and supervision in the area of taxes and fees.
6. A demand to pay tax may be delivered to the chief executive officer (or such officer's statutory or authorised deputy) of an organisation or to an individual (or such individual's statutory or authorised representative) against a receipt, sent by registered mail or transmitted in electronic form via telecommunication channels. Where the cited demand is sent by registered mail, it shall be deemed received upon the expiry of six days as from the date when the registered mail is sent.
The formats of and procedure for forwarding a taxpayer a demand to pay tax in electronic form via telecommunication channels shall be established by the federal executive power body authorised to exercise control and supervision in respect of taxes and fees.
7. Abrogated from January 1, 2004. 8. The rules provided for by this Article shall likewise apply to demands to pay fees,
penalties or fines and shall extend to the demands to be sent to payers of fees and to tax agents.
9. Abrogated from January 1, 2007. Article 70. Deadlines for Presenting a Demand to Pay a Tax or Fee
1. A demand to pay a tax must be presented to a taxpayer (the responsible participant in a consolidated group of taxpayers) at the latest in three months as of the date of detecting arrears in payment thereof, unless otherwise prescribed by Item 2 of this Article.
When detecting arrears in tax payment, the tax authority shall draw up the document according to the form endorsed by the federal executive body authorised to exercise control and supervision in the sphere of taxes and fees.
2. A demand to pay tax that is presented to a taxpayer (the responsible participant in a consolidated group of taxpayers) on the basis of the results of a tax inspection shall be sent to him within ten days as of the date of such decision's entry into force.
3. The rules provided for by this Article shall also apply to the terms of forwarding a demand to pay a fee, as well as penalties and fines.
4. The rules established by this Article shall also apply to deadlines for sending to a tax agent a demand to remit tax.
See the Article in the previous wording
Article 71. Effects of Changing an Obligation to Pay a Tax or Fee If the obligation of a taxpayer, tax agent or payer of fee relating to payment of this tax or
fee changes following presentation of a demand to pay tax, fee, penalties or fines, the tax authority shall forward to the said persons a revised demand.
Chapter 11. Methods of Enforcement of Obligations Relating to Payment of Taxes and Fees
Article 72. Methods of Enforcement of Obligations Relating to Payment of Taxes/Charges
1. Obligations to pay taxes or charges may be enforced by the following methods: property pledge, guarantee, penalty, suspension of operations in bank accounts and attachment of a taxpayer's property.
Customs Code of the Russian Federation No. 61-FZ of May 28, 2003 amended Item 2 of Article 72 of this Code. The amendments shall enter into force from January 1, 2004
2. The current chapter prescribes methods for the enforcement of obligations relating to the payment of taxes or charges, and the procedure and conditions of the application of such methods.
3. Abrogated from January 1, 2007. Federal Law No. 154-FZ of July 9, 1999 amended Article 73 of this Code The amendments shall enter into force upon the expiry of one month from the day of the official publication of the said Federal Law See the previous text of the Article
Article 73. Property Pledge
1. Where it is provided for by this Code, the obligation to pay taxes and charges may be secured by a pledge.
2. A property pledge is formalized in an agreement effected between the tax authority and the pledger. The latter may be the taxpayer or payer of fees him/her/itself or a third person.
3. If a taxpayer or payer of fees fails to fulfil an obligation relating to the payment of a tax or fee due and penalty, the pledgee tax authority enforces this obligation from the value of the pledged property in the manner prescribed by the civil law of the Russian Federation.
4. The subject of pledge may be property that is pledgeable under civil law unless this Article prescribes otherwise.
Property pledged under an agreement between the tax authority and pledger may not be the subject of pledge under another agreement.
5. The pledger may continue to have possession of the pledged property or transfer it at the pledger's expense to the tax authority (pledgee), and the latter is responsible for preservation of the pledged property.
6. Any transactions with pledged property, including transactions undertaken for the repayment of arrears, may only be undertaken by agreement with the pledgee.
7. Legal relations arising out of a pledge as a method of enforcement of a tax obligation are subject to civil law rules unless otherwise prescribed by the legislation on taxes and fees.
Article 74. Guarantee 1. If times are changed for the fulfilment of obligations to pay taxes and charges and in
other cases provided for by this Code, the obligation to pay taxes and charges may be secured by a guarantee.
2. If a taxpayer fails to pay when due the amount of tax or fee due and penalty, the guarantor is obligated before the tax authority to fully fulfil the taxpayer's tax obligation.
An agreement is effected in accordance with civil law between the tax authority and the guarantor to formalize the guarantee.
3. If the taxpayer fails to meet his/her guaranteed tax obligations, the guarantor and the taxpayer bear joint and several liability. The forced exaction of the tax and due penalties from the warrantor shall be effected by a tax body through legal proceedings.
4. Having fulfilled the obligations under the agreement, the guarantor is entitled to recover from the taxpayer the paid amounts, interest on these amounts and the losses incurred because of the guarantor's having fulfilled the assumed obligations.
5. A legal entity or individual may act as a guarantor. One tax obligation may be guaranteed by several guarantors.
6. Legal relations arising out of a guarantee as a method of enforcement of a tax obligation are subject to the provisions of civil law of the Russian Federation unless otherwise prescribed by the legislation on taxes and fees.
7. The rules of this Article shall also apply to guarantees/security with regard to payment of fees.
Article 75. Penalty Interest
Federal Law No. 306-FZ of November 27, 2010 amended Item 1 of Article 75 of this Code. The amendments shall enter into force from January 1, 2011 but not earlier than upon the expiry of one month from the day of the official publication of the said Federal Law
1. A penalty as established by this Article is an amount of money which a payer of tax shall pay in the case of an overdue payment of the amounts of taxes or fees, including taxes to be paid in connection with the transfer of goods across the customs border of the Customs Union in later period of payments in compared with that established by legislation on taxes and fee.
2. The amount of penalty interest is paid over and above the amounts of tax or charge due and irrespectively of the application of other methods to enforce the obligation to pay a tax or charge and liability for the violation of tax or fee legislation.
3. Penalty interest is calculated for each calendar day of delay in fulfillment of obligation to pay a tax or a fee, beginning on the day following the statutory deadline for the payment of a tax or charge, unless otherwise provided for by Chapters 25 and 26.1 of this Code.
No penalties shall be charged on the amount of arrears which a taxpayer (a participant in a consolidated group of taxpayers against which the measures involved in the tax recovery by enforcement have been taken in compliance with Article 46 of this Code) could not repay because, by decision of a tax body, the tax payer's property has been arrested or, by court decision, security measures have been taken in the form of suspension of operations on the taxpayer's bank accounts (on the bank accounts of the participant in the consolidated group of taxpayers against which in compliance with Article 46 of this Code the measures involved in the tax recovery by enforcement have been taken), imposition of an arrest upon the taxpayer's monetary assets or property (upon the monetary assets or property of the participant in the consolidated group of taxpayers). In this case, penalties shall not be charged for the whole period of the said circumstances' operation. The filing of an application for granting a delay (an instalment plan) or an investment tax credit shall not stay the addition of penalties to the amount of the tax subject to payment.
4. The penalty interest for each day of delay is calculated in percentage points of the outstanding amount of tax or charge due.
The penalty interest rate is equal to 1/300 of the effective refinancing rate of the Central Bank of the Russian Federation.
5. Penalty interest may be paid simultaneously with the payment of a tax or charge or following full payment of such tax or charge.
6. Collection of penalty interest may be enforced from the taxpayer's bank account or from the taxpayer's other property in the manner prescribed by Articles 46 - 48 of this Code.
Enforced collection of penalties from organisations and individual businessmen shall be effected in the procedure provided for by Articles 46 and 47 of this Code, while from natural persons who are not individual businessmen it shall be done in the procedure provided for by Article 48 of this Code.
Compulsory collection of penalties from organisations and individual businessmen in the instances provided for by Subitems from 1 to 3 of Item 2 of Article 45 of this Code shall be effected in the judicial procedure.
7. The rules provided for by this Article shall likewise extend to payers of fees, tax agents and a consolidated group of taxpayers.
8. Penalties shall not be charged for arrears which a taxpayer (payer of fee or tax agent) has as a result of his following the written explanations as to the procedure for calculation and payment of tax (fee) and as to other issues of application of the legislation on taxes and fees which are given to him or to an indefinite group of persons by a financial, tax or other authorised state power body (by an authorised official of this body) within the scope of their authority (the said circumstances shall be established, if there is the appropriate document of such body which by its meaning and contents pertains to the tax (reporting) periods when the arrears emerged, regardless of the date of issuing such document).
The provision contained in this Item shall not apply if the said written explanations are based upon incomplete or unreliable information supplied by a taxpayer (payer of a fee or tax agent).
Article 76. Suspension of Transactions on the Bank Accounts, as well as Transfers of Electronic Money Resources of Organisations and Individual Businessmen
1. Suspension of operations through bank accounts and transfers of electronic money resources shall be used for the purpose of ensuring the execution of a decision to recover a tax, fee, penalty and/or fine, unless otherwise stipulated by Item 3 of this Article and Subitem 2 of Item 10 of Article 101 of this Code.
Suspension of operations through bank accounts means that the bank suspends all debit operations on an account, unless otherwise prescribed by Item 2 of this Article.
Suspension of transactions on an account shall not extend to payments which under the civil legislation of the Russian Federation are to be made prior to discharging the duty of paying taxes and fees, as well as to transactions of writing off monetary funds on account of paying taxes (making advance payments), fees, insurance contributions, relevant penalties and fines, and of their remittance to the budget system of the Russian Federation.
The suspension of the transfers of electronic money resources means the termination by bank of all operations involving the reduction of the balance of electronic money resources unless envisaged otherwise by Item 2 of this Article.
2. A decision on the suspension of transactions of a taxpaying organisation on its bank accounts and transfers of its electronic money resources shall be taken by the chief (deputy
chief) of the tax body who has sent the demand for paying tax, penalty or fine in case of the taxpaying organisation's default on execution of this demand.
With this, a decision to suspend transactions of a taxpaying organisation on its bank accounts and transfers of its electronic money resources may not be taken before rendering a decision on tax collection.
Suspension of operations on bank accounts of a taxpaying organisation in the case provided for by this Item shall mean termination by a bank of debit transactions on this account within the limits of the amount specified in the decision on suspending transactions of the taxpaying organisation on the bank accounts, unless otherwise provided for by Paragraph Three of Item 1 of this Article.
The suspension of transfers of electronic money resources of the tax bearer organisation in the case envisaged by this Item means the termination by the bank of the operations involving a reduction of the balance of electronic money resources within the limits of the sum indicated in the decision of the tax body.
The suspension of transactions of a taxpaying organisation on a currency account thereof opened with a bank as it is provided for by this item means termination by the bank of expenditure transactions on this account within the limits of the amount of foreign currency equivalent to the amount in roubles cited in the decision on suspending transactions of the taxpaying organisation on bank accounts according to the exchange rate of the Central Bank of the Russian Federation established on the starting date of the suspension of transactions on the currency account of this taxpayer.
The suspension of transfers of electronic money resources in a foreign currency of the tax bearer organisation in the case envisaged by this Item means the termination by the bank of the operations involving reduction of the balance of electronic money resources within the limit of the sum of the foreign currency equivalent to the sum indicated in the decision of the tax body of the sum in roubles at the rate of the Central Bank of the Russian Federation established on the date of the commencement of the action of the suspension of the transfer of electronic money resources in a foreign currency of the aforementioned tax bearer.
2.1. The decisions on suspension of operations on bank accounts and electronic monetary assets' remittance for the purpose of securing payment of taxes and fees by the party to an agreement of investment partnership which is the managing partner responsible for keeping tax records (hereinafter referred to in the article as the managing partner responsible for keeping tax records) in connection with execution of the agreement of investment partnership shall be rendered by the head (deputy head) of the tax authority at the location of such managing partner.
For the purpose of securing the duty of paying taxes and fees by the managing partner responsible for keeping tax records in connection with execution of an agreement of investment partnership (except for the tax on organisations' profits arising in connection with participation of the given partner in the agreement of investment partnership) shall be suspended in the first turn operations on bank accounts and remittance of electronic monetary assets of the investment partnership.
If there are no assets on accounts of an investment partnership or they are insufficient, the decision on suspending operations on bank accounts or remittance of electronic monetary assets may be rendered in respect of the accounts of managing partners.
If there are no assets on accounts of managing partners or they are insufficient, the decision on suspending operations on bank accounts and remittance of electronic monetary assets of the partners may be adopted in respect of the partners' accounts to the amount which is proportionate to the share of each of them in the partners' common property estimated as of the date of the debt's origination.
The decision on suspending operations on bank accounts and on the remittance of electronic monetary assets of managing partners and partners may not be taken earlier than the adoption of the decision on tax recovery out of the assets kept on bank accounts of the cited persons.
3. A decision on the suspension of transactions of a taxpaying organisation on its bank accounts and transfers of its electronic money resources may be also taken by the chief (or deputy chief) of a tax authority, if this taxpaying organisation failed to submit a tax declaration to the tax authority within ten days upon the expiry of the fixed term of filing such declarations.
In this case, the suspension of transactions on accounts and transfers of electronic money resources may be repealed by decision of a tax authority at the latest within one day following the date of submission of a tax declaration by this taxpayer.
4. A decision to suspend transactions of a taxpaying organisation on its bank accounts and transfers of its electronic money resources shall be delivered by a tax authority to a bank on a paper medium or in electronic form.
A decision to repeal the suspension of transactions on bank accounts of a taxpaying organisation and transfers of its electronic money resources shall be delivered to the bank's representative by an official of the tax authority against his/her receipt at the location of this bank, or shall be sent to the bank in an electronic form or in some other way showing the date when it is received by the bank at the latest on the day following the date when such decision is adopted.
The procedure of the direction to the bank in electronic form of the decision of the tax body on the suspension of operations on the accounts of the tax bearer organisation with the bank and transfers of its electronic money resources or the decision on the cancellation of the suspension of operations on accounts of the tax bearer organisation with the bank and transfers of its electronic money resources shall be laid down by the Central Bank of the Russian Federation in coordination with the federal body of the executive power authorised for the control and supervision in the field of taxation and revenues.
A form of and procedure for sending to the bank a decision of a tax authority on suspending transactions on bank accounts and transfers of its electronic money resources of a taxpaying organisation and a decision on repealing the suspension of transactions on bank accounts of a taxpaying organisation on a paper medium shall be established by the federal executive body authorised to exercise control and supervision in the sphere of taxes and fees.
A copy of a decision of a tax authority on suspending transactions on the bank accounts of a taxpaying organisation and transfers of its electronic money resources and a decision on repealing the suspension of transactions on bank accounts of a taxpaying organisation shall be delivered to the taxpaying organisation against the receipt thereof or in other way showing the date of receiving by the taxpaying organisation a copy of the appropriate decision at the latest on the day following the date when such decision is rendered.
5. The bank must inform the tax body in electronic form about the balance of monetary means of the taxpayer-organisation on the accounts in the bank, the operations on which have been suspended, as well as about the balances of the electronic money resources the transfer of which is suspended, within three days after the day of receipt of the decision of that tax body on suspending the operations on the accounts of the taxpayer-organisation in the bank. Formats of notifying by a bank about the balance of monetary assets on the bank accounts of a taxpaying organisation, as well as a procedure for forwarding the cited notice in an electronic form, shall be endorsed by the Central Bank of the Russian Federation by approbation of the federal executive power body authorised to exercise control and supervision in respect of taxes and fees and about transfers of its electronic money resources.
See the recommended form of the Reference about Account (Accounts) Balance of the
Organisation (Individual Entrepreneur, Private Notary, a Lawyer Who Has Founded a Legal Office) approved by Order of the Federal Tax Service No. MM-3-06/178@ of March 30, 2007
6. A decision of a tax authority on suspending transactions on the bank accounts of a taxpaying organisation, transfers of its electronic money resources shall be subject to unconditional execution by the bank.
7. Suspension of a taxpaying organisation's transactions on its bank accounts and transfers of its electronic money resources shall be in effect as of the time of receiving by the bank a decision of a tax authority to suspend such transactions, such transfers and up to receiving by the bank a tax authority's decision to repeal suspension of operations on the accounts of the taxpaying organisation opened with the bank, decisions of the tax body on the cancellation of the suspension of transfers of its electronic money resources.
The date and time of receiving by a bank of a tax authority's decision to suspend transactions on bank accounts of a taxpaying organisation and transfers of its electronic money resources shall be stated in the notice of delivery or in the receipt proving the achieving such decision. When sending to a bank a decision to suspend transactions of a taxpaying organisation on bank accounts thereof in an electronic form, the date and time of its receiving by the bank shall be determined in the procedure established by the Central Bank of the Russian Federation by approbation of the federal executive body authorised to exercise control and supervision in the sphere of taxes and fees.
If after adoption of the decision to suspend operations on the bank accounts of a taxpaying organisation the denomination of the taxpaying organisation and/or requisite elements of the taxpaying organisation's bank account where operations were suspended by this decision of the tax authority have changed, the cited decision shall also be subject to execution by the bank in respect of the taxpaying organisation that has changed its denomination and of operations on the account whose requisite elements have been changed.
In case after the making of the decision on the suspension of transfers of electronic money resources of the tax bearer organisation the name of the tax bearer organisation and (or) payment details of the corporate electronic instrument of payment of the tax bearer organization with the bank changed the transfers of electronic money resources with the use of which are suspended according to such a decision of the tax body the aforementioned decision shall be subject to the performance by the bank also concerning the tax bearer organization that changed its name and transfers of electronic money resources with the use of the corporate electronic instrument of payment that has such changed payment details.
8. Suspension of transactions on bank accounts of a taxpaying organisation and transfers of its electronic money resources shall be reversed by decision of a tax authority at the latest within one day following the date of receiving by the tax authority of the documents (copies thereof) proving the fact of collecting tax, penalties or a fine.
9. Where the total amount of a taxpaying organisation's monetary funds on the accounts, where transactions are suspended on the basis of a tax authority's decision, exceeds the amount specified in this decision, this taxpayer shall be entitled to file an application with the tax authority for reversal of the suspension of transactions on its bank accounts, specifying the accounts where there are enough monetary funds for executing the decision on the tax collection.
A tax authority shall be obliged within a two-day term as of the date of receiving the taxpayer's application specified in Paragraph One of this Item to decide on reversing the suspension of transactions on accounts of the taxpaying organisation, as regards the excess of the amount of monetary funds specified by the decision of the tax authority on suspending transactions on bank accounts of the taxpaying organisation.
If the documents proving the availability of monetary funds on the accounts specified in
this application, are not attached to the said application, the tax authority shall be entitled, prior to deciding on the reversal of suspension of transactions on accounts within the day following the day of receiving such taxpayer's application, to send to the bank where the said accounts are opened by the taxpayer an enquiry for the balance of monetary funds on these accounts. A notice of the balance of monetary assets on a taxpayer's bank account shall be forwarded by a bank in electronic form using the established format at the latest on the following day after the date when a request of a tax authority is received.
After receiving from the bank information about the availability of monetary funds on a taxpayer's bank accounts in the amount sufficient for execution of the decision on collection, the tax authority shall be obliged within two days to decide on the reversal of suspension of transactions on accounts of a taxpaying organisation, as regards the excess of the amount of monetary funds specified in the tax authority's decision to suspend transactions on the taxpaying organisation's bank accounts.
9.1. The suspension of operations on a taxpaying organisation's bank account shall be reversed where it is provided for by Items 3, 7-9 of this article and by Item 10 of Article 101 of this Code, as well as on the grounds provided for by other federal laws.
If operations on a taxpaying organisation's bank accounts are suspended on the grounds provided for by other federal laws, it shall not be required for a tax authority to adopt a decision to reverse the suspension of such operations.
9.2. In the event of a tax authority's failure to meet the deadline for reversing the decision on suspending transactions on accounts of a taxpaying organisation opened with a bank or the deadline for handing in to the bank's representative (for forwarding to the bank) the decision on reversing the suspension of transactions on bank accounts of the taxpaying organisation, interest shall be accrued on the amount of monetary funds in respect of which the suspension extended, to be paid to a taxpayer for each calendar day while this deadline is not observed.
In the event of wrongful adoption by a tax authority of the decision to suspend operations on a taxpaying organisation's bank account, interest shall be added to the amount of monetary funds in respect of which the cited decision of the tax authority operated, this to be paid to the cited taxpaying organisation for each calendar day starting from the date when a bank receives the decision to suspend operations on the taxpayer's account up to the date when the bank receives the decision to reverse the suspension of operations on the taxpaying organisation's accounts.
The interest rate shall be taken as equal to the refinancing rate of the Central Bank of the Russian Federation which was in effect during the days of wrongful suspension of operations on a taxpaying organisation's accounts while a tax authority was failing to meet the deadline for reversal of the decision to suspend operations on bank accounts of the taxpaying organisation or the deadline for handing in to a bank representative (for forwarding to a bank) the decision to reverse suspension of operations on bank accounts of the taxpaying organisation.
9.3. The provisions of Items 9, 9.1 and 9.2 of this Article shall be also applied in the case of the suspension of transfers of electronic money resources of the tax bearer organisation.
10. A bank shall not be held liable for the losses borne by a taxpaying organisation as a result of suspending its bank transactions and transfers of its electronic money resources by decision of a tax authority.
11. The rules established by this Article shall likewise apply to suspension of transactions on bank accounts of a tax agent being an organisation and a payer of a fee being an organisation, on the bank accounts of taxpaying individual businessmen, tax agents and payers of fees, on bank accounts of private notaries (solicitors/barristers who have founded solicitor's studies) being taxpayers and tax agents, as well as concerning the suspension of transfers of electronic money resources of the aforementioned persons.
12. Where there is a decision to suspend operation on bank accounts of a taxpaying organisation and transfers of its electronic money resources, as well as on accounts of the persons cited in Item 11 of this Article, the bank is not entitled to open accounts for this organisation and these persons and to empower such an organisation with the right to use new corporate electronic instruments of payment for transfers of electronic money resources.
13. The rules established by this article shall apply subject to the specifics provided for by this item in respect securing payment of organisations profit tax for a consolidated group of taxpayers.
Operations of participants in a consolidated group of taxpayers on bank accounts thereof shall be suspended in the same order in which a tax authority levies execution against the monetary assets kept on bank accounts in compliance with Item 11 of Article 46 of this Code.
Decisions on suspending operations on bank accounts of the responsible participant in a consolidated group of taxpayers and other participants in this group may be also adopted in the procedure provided for by this article in the event of non-presentation of the tax declaration for organisations profit tax in respect of the consolidated group of taxpayers to a tax authority within 10 days upon the expiry of the time period fixed for presentation of such declaration. On such occasion, decisions on suspending operations on bank accounts may be adopted concurrently in respect of all the participants in this group.
Article 77. Attachment of Property 1. Attachment of property as a method of enforcement of a decision to collect a tax,
penalties and fines is an action by a tax or customs authority to restrict the taxpaying organisation's or another obligated person's ownership rights relating to his property; such action requires the consent of a prosecutor.
Property is attached if a taxpaying organisation fails to fulfil in due time a demand to pay a tax, penalties and fines or if the tax or customs authorities have sufficient reason to believe that the indicated person is likely to take measures aimed at hiding him/herself or concealing his/her property.
2. Attachment of property may be full or partial. A full attachment of property is a restriction of rights of a taxpaying organisation with
respect to its attached property, and the possession and use of such property is performed only under the supervision or with permission of the tax or customs authority that executes the attachment.
A partial attachment is a restriction of rights of a taxpaying organisation with respect to its attached property, and the possession, use and disposal of such property is performed only under the supervision or with permission of the tax or customs authority that executes the attachment.
3. An attachment may be used only to ensure the collection of a tax, penalties and fines at the expense of a taxpaying organisation in accordance with Article 47 of this Code.
3.1. For the purpose of securing the duty of paying taxes and fees by the party to an agreement of investment partnership which is the managing partner responsible for keeping tax records (hereinafter referred to in this article as the managing partner responsible for keeping tax records) in connection with execution of the agreement of investment partnership (except for the tax on organisations' profits arising in connection with participation of the given partner in the agreement of investment partnership) the partners' common property, as well as the common property of all the managing partners, may be arrested.
The decision on arresting may be adopted in respect of the partners' common property or, if there is no such property or it is insufficient, in respect of the property of all the managing
partners (in so doing, such decision shall be adopted in the first turn in respect of the property of the managing partner responsible for keeping tax records).
The decision on arresting the partners' common property shall be rendered by the head (deputy head) of the tax authority at the location of the managing partner responsible for keeping tax records.
The decision on arresting the partners' common property and the property of managing partners may not be adopted earlier then the decision on recovering tax on account of the property of the cited persons.
4. A taxpaying organisation may have all its property attached. 5. Only that property may be attached that is necessary and sufficient for the fulfilment of
the demand to pay tax, penalties and fines. 6. A decision to attach a taxpaying organisation's property shall be made by the chief
officer (deputy chief officer) of the tax or customs authority. Such decision takes the form of a resolution.
7. Attachment of a taxpaying organisation's property requires the presence of witnesses. The authority that conducts the seizure shall not be able to deny the right to the taxpaying organisation to attend the attachment procedure.
Their rights and obligations shall be explained to the persons who participate in the attachment procedure as witnesses,experts, and also to the taxpaying organisation (its representative).
8. An attachment may not be made at night-time except for cases that brook no delay. 9. Prior to an attachment the officers to make the attachment shall show the taxpaying
organisation (its representative) the decision to make the attachment, a document stating the prosecutor's approval and documents confirming their authority.
10. An attachment is put on record. The attachment record or a list attached to the record shall contain a list and description of the property to be attached; the record shall have an accurate description of the attached assets, their quantity and individual characteristics, and if feasible, their value.
All assets to be attached shall be demonstrated to the witnesses and to the taxpaying organisation (its representative).
11. The chief officer (deputy chief officer) of the tax or customs authority that orders the attachment of property determines where the attached assets shall be kept.
12. Attached property may not be alienated (with the exception of alienation supervised or permitted by the customs or tax authority that makes the attachment), embezzled or concealed. Failure to observe the established procedures for possession, use and disposal of the attached property may result in liability of guilty persons in accordance with Article 125 of this Code and/or other federal laws.
Federal Law No. 306-FZ of November 27, 2010 amended Item 13 of Article 77 of this Code. The amendments shall enter into force from January 1, 2011 but not earlier than upon the expiry of one month from the day of the official publication of the said Federal Law
13. A decision to attach property shall be repealed by a duly authorised tax or customs officer as the obligation to pay tax, penalties and fines terminates.
A decision to attach property shall be effective from the time when the attachment is made until the repeal of the attachment decision by a duly authorised officer of the tax or customs authority that takes the decision to make the attachment or until a higher-level tax or customs authority or a court of law overrules such decision.
A tax (customs) authority shall notify a taxpayer of reversal of the decision to arrest property within five days from the date when this decision is adopted.
14. The rules of this Article shall also apply to attachment procedures in relation to organisations acting as a tax agent and organisation paying fees, as well as the responsible participant in a consolidated group of taxpayers.
15. The rules established by this article shall apply subject to the specifics provided for by this article in respect of securing payment of organisations profit tax for a consolidated group of taxpayers.
The property of participants in a consolidated group of taxpayers shall be arrested in the same order in which a tax authority follows the procedure for levying execution against the property of a taxpayer in compliance with Item 11 of Article 47 of this Code.
Chapter 12. Offset and Refund of Overpaid or Over Collected Amounts
Article 78. Offset or Refund of Overpaid Amount of Tax, Fee, Penalty and Fine 1. The amount of overpaid tax shall be set off against the taxpayer's future liabilities for
the same tax or other taxes, the repayment of arrears of other taxes, debts on penalties and fines for tax offences or shall be refunded to the taxpayer according to the procedure established in this Article.
Paragraph two of Item 1 of Article 78 of this Code (in the part providing for a set-off (refund) of the amounts of excessively collected federal, regional and local taxes and fees in respect of the appropriate types of taxes and fees and in respect of the appropriate penalties and fines) shall enter into force from January 1, 2008
The set-off of overpaid federal taxes and fees, as well as of regional and local taxes, shall be effected in respect of the appropriate types of taxes and fees, as well as in respect of penalties charged with regard to the appropriate taxes and fees.
2. The set off or refund of overpaid tax shall be made by the tax authority at the place of registration of the taxpayer without interest accruing on this amount, unless otherwise established by this Article.
3. The tax authority shall notify the taxpayer of each case of overpaid tax that becomes known to the tax authority and specify the overpaid amount at the latest 10 days after the date when such overpayment was identified.
In case of disclosing the facts testifying to possible excessive payment of tax, the tax authority or taxpayer may propose to conduct joint checking of calculations concerning taxes, fees, penalties and fines.
Paragraph 3 is abrogated. 4. The setoff of overpaid tax against the forthcoming taxpayers' liabilities in respect of this
or other taxes shall be made on the strength of a written petition of the taxpayer by decision of a tax authority.
A decision to set off the amount of excessively paid tax against the forthcoming taxpayers' liabilities shall be passed by a tax authority within ten days of the receipt of the taxpayer's application or after the date of signing by the tax authority and this taxpayer the report of a joint check-up of the taxes paid by him, if such joint check-up has been conducted.
5. Amounts of excessively paid tax against the repayment of arrears of other taxes and debts on penalties and (or) fines to be paid or recovered in the cases provided for by this Code shall be independently set off by the tax authorities.
In the case provided for by this Item a decision to set off the amount of excessively paid
tax shall be rendered by a tax authority within 10 days as of the date of detecting the fact of excessive tax payment, or as of the date of signing by the tax authority and a taxpayer the report of a joint check-up of taxes paid by him, if such joint check-up has been conducted, or as of the date of entry into force of a court decision.
The provision contained in this Item shall not prevent a taxpayer from submitting to a tax authority an application in writing for setting off the amount of excessively paid tax against the repayment of arrears (debts in respect of penalties and fines). In this case, a decision of a tax authority to set off the amount of excessively paid tax against the repayment of arrears and debts in respect of penalties and fines shall be taken within 10 days as of the date of receiving the said application by the taxpayer, or as of the date of signing by the tax authority and this taxpayer the report of the joint check-up of taxes paid by him, if such joint check-up has been conducted.
6. The amount of excessively paid tax shall be subject to repayment on the basis of a taxpayer's application in writing within one month as of the date of receiving such application by a tax authority.
The amount of excessively paid tax shall only be repaid to a taxpayer if he has arrears of other taxes of the appropriate type or debts in respect of the appropriate penalties, as well as fines, to be recovered in the instances provided for by this Code, after setting off the amount of excessively paid tax against the repayment of the arrears (the debts).
7. An application for setting off or repaying the amount of excessively paid tax may be filed within three years as of the date of paying the said amount unless otherwise provided for by this Code.
8. A decision to repay the amount of excessively paid tax shall be rendered by a tax authority within 10 days as of the date of receiving a taxpayer's application for repayment of the excessively paid tax or as of the date of signing by the tax authority and this taxpayer the report of a joint check-up of taxes paid by him, if such check-up has been conducted.
Prior to the expiry of the time period established by Paragraph One of this Item, an order to repay the amount of the excessively paid tax drawn up on the basis of a tax authority's decision to repay this amount of tax shall be subject to sending by the tax authority to a territorial agency of the Federal Treasury for making the repayment to the taxpayer in compliance with the budget legislation of the Russian Federation.
9. A tax authority shall be obliged to notify a taxpayer in writing of a rendered decision to set off (repay) the amounts of excessively paid tax or a decision to deny the set-off (the repayment) thereof within five days as of the date of rendering the appropriate decision.
The said decision shall be personally delivered to the head of an organisation, a natural person or a representative thereof against their receipt or in other way proving the fact and date of receiving it.
The sums of organisations profit tax paid in excess in respect of a consolidated group of taxpayers are subject to setting off (repayment) to the responsible participant in this group in the procedure established by this article.
In the event of termination of the validity term of an agreement on forming a consolidated group of taxpayers, the sums of organisations profit tax in respect of the consolidated group of taxpayers which are not subject to setting off (which are not set-off) against the arrears of this group are subject to setting off (repayment) to the organisation which is the responsible participant in the consolidated group of taxpayers on the basis of an application thereof.
The sum of profit tax in respect of a consolidated group of taxpayers paid in excess shall not be repaid to the responsible participant in the consolidated group of taxpayers, if it has arrears of other taxes of appropriate kind or debts on appropriate penalties, as well as on fines
to be recovered as provided for by this Code. 10. If there is a default on repayment of the amount of excessively paid tax with the time
period established by Item 6 of this Article, the tax authority shall charge interest on the amount of excessively paid tax which is not repaid at the established time, to be paid to the taxpayer for each calendar day of such default.
The interest rate shall be taken as equal to the refinancing rate of the Central Bank of the Russian Federation effective on the days, when there is a default on such repayment in due time.
11. The territorial agency of the Federal Treasury which has repaid the amount of excessively paid tax shall notify the tax authority of the date of such repayment and of the amount of monetary funds repaid to the taxpayer.
12. If the interest provided for by Item 10 of this Article is not paid to a taxpayer in full, the tax authority shall render a decision on repayment of the remaining amount of interest estimated on the basis of the date of actual repayment to the taxpayer of the amounts of excessively paid tax within three days as of the date of receiving a notice of a territorial agency of the Federal Treasury of the date of such repayment and of the amount of monetary funds repaid to the taxpayer.
Upon the expiry of the time period established by Paragraph One of this Item, an order to repay the remaining amount of interest drawn up on the basis of a tax authority's decision to repay this amount shall be subject to sending by the tax authority to a territorial agency of the Federal Treasury for making the repayment.
13. The amount of excessively paid tax and charged interest shall be set off or repaid using the currency of the Russian Federation.
14. The rules established by this Article shall likewise apply to setting off or repaying the amounts of excessive advance payments, excessively paid fees, penalties and fines and shall extend to tax agents, payers of fees and the responsible participant in a consolidated group of taxpayers.
The provisions of this Article in respect of repayment or set-off of excessively paid amounts of the state duty shall apply subject to the specifics established by Chapter 25.3 of this Code.
Article 79. Refund of Overpaid Tax, Fee, Penalty and Fine 1. An overpaid amount of tax shall be refundable to the taxpayer in the procedure
provided for by this Article.
Paragraph two of Item 1 of Article 79 of this Code (as regards the part thereof providing for set-off (repayment) of the collected amounts of excessively paid federal, regional and local taxes and fees in respect of the appropriate types of taxes and fees, as well as in respect of the appropriate penalties and fines) shall enter into force from January 1, 2008
The amount of excessively paid tax shall be only refunded to a taxpayer if he has arrears of other taxes of the appropriate type or debts in respect of the appropriate penalties, as well as in respect of fines to be recovered in the instances provided for by this Code, after setting off this amount against the repayment of the said arrears (debts) in compliance with Article 78 of this Code.
2. A decision to refund the amount of excessively paid tax shall be rendered by a tax authority within 10 days as of the date of receiving a taxpayer's application in writing for refunding the amount of excessively paid tax.
Prior to the expiry of the time period established by Paragraph One of this Item, an order
to refund the amount of excessively paid tax drawn up on the basis of a tax authority's decision to refund this tax amount shall be subject to sending by the tax authority to a territorial agency of the Federal Treasury for making the repayment to the taxpayer in compliance with the budget legislation of the Russian Federation.
3. An application for refunding the amount of excessively paid tax may be filed by a taxpayer with a tax authority within one month as of the date when the taxpayer learned about the fact of excessive collection of tax from him or as of the date of entry into force of a court decision.
The statement of claim may be filed with a court within three years counting from the day when a person learnt or should have learnt about the fact of excessive tax collection.
If the fact of excessive tax collection is established, a tax authority shall render a decision on refunding the amount of excessively paid tax, as well as the interest charged on this amount in the procedure provided for by Item 5 of this Article.
4. A tax authority, upon establishing the fact of excessive tax collection, shall be obliged to notify the taxpayer thereof within 10 days as of the date of establishing this fact.
The said report shall be personally delivered to the head of an organisation, natural person or representative thereof against the receipt or in other way proving the fact of receiving it.
5. The amount of excessively paid tax, together with the interest charged on it, shall be refundable within one month as of the date of receiving a taxpayer's application in writing for refunding the amount of excessively paid tax.
Interest on the amount of excessively collected tax shall be charged as of the date following the date of collection thereof up to the date of its actual repayment.
The interest rate shall be taken as equal to the refinancing rate of the Central Bank of the Russian Federation effective on these days.
6. The territorial agency of the Federal Treasury which has refunded the amount of excessively paid tax and the interest charged on this amount shall notify the tax authority of the date of such refunding and the amount of monetary funds refunded to the taxpayer.
7. If the interest provided for by Item 5 of this Article is not paid to a taxpayer in full, the tax authority shall render a decision on repayment of the remaining amount of interest estimated on the basis of the date of actual repayment to the taxpayer of the amounts of excessively paid tax within three days as of the date of receiving a notice of a territorial agency of the Federal Treasury of the date of such repayment and the amount of monetary funds repaid to the taxpayer.
Prior to the expiry of the time period established by Paragraph One of this Item, an order to refund the remaining amount of interest drawn up on the basis of a tax authority's decision to repay this amount shall be subject to sending by the tax authority to a territorial agency of the Federal Treasury for making the repayment.
8. The amount of excessively paid tax and charged interest shall be refunded using the currency of the Russian Federation.
9. The rules established by this Article shall likewise apply to setting off or repaying the amounts of excessive advance payments, excessively paid fees, penalties and fines and shall extend to tax agents, payers of fees and the responsible participant in a consolidated group of taxpayers.
The provisions of this Article in respect of repayment or set-off of excessively paid amounts of the state duty shall apply subject to the specifics established by Chapter 25.3 of this Code.
The sums of organisations profit tax in respect of a consolidated group of taxpayers which are recovered in excess from the participants in this group are subject to setting off for
(repayment to) the responsible participant in the consolidated group of taxpayers.
Federal Law No. 154-FZ of July 9, 1999 amended the title of Section 5 of this Code The amendments shall enter into force upon the expiry of one month from the day of the official publication of the said Federal Law See the previous text of the title
Section 5. Tax Declaration and Tax Control
Federal Law No. 154-FZ of July 9, 1999 amended the title of Chapter 13 of this Code The amendments shall enter into force upon the expiry of one month from the day of the official publication of the said Federal Law See the previous text of the title
Chapter 13. Tax Declaration
Article 80. Tax Return 1. A tax return means a taxpayer's written statement or a statement drawn up in
electronic form and transmitted via telecommunication channels with an electronic digital signature used therein concerning taxable objects, incomes generated and expenditures incurred, sources of income, tax base, tax benefits and calculated amount of tax and (or) other data serving a basis for calculation and payment of tax.
A tax return shall be filed by every taxpayer for each tax due from such taxpayer, unless otherwise provided for by the tax legislation.
An advance payment calculation means a taxpayer's written statement or a statement drawn up in electronic form and transmitted via telecommunication channels with an electronic digital signature used therein concerning the calculation base, privileges used, calculated amount of the advance payment and (or) other data serving as a basis for calculation and making of the advance payment. An advance payment calculation shall be submitted in the cases provided for by this Code as applied to every specific tax.
A fee calculation means a written statement or a statement drawn up in electronic form and transmitted via telecommunication channels with an electronic digital signature used therein of a fee payer concerning taxable objects, tax base, privileges used, calculated fee amount and (or) other data serving as a basis for calculation and payment of the fee, unless otherwise provided for by this Code. A fee estimation shall be submitted in the cases provided for by Part Two of this Code as applied to every fee.
A tax agent shall submit to the tax authorities the calculations provided for by Part Two of this Code. The said calculations shall be submitted in the procedure established by Part Two of this Code as applied to a specific tax.
2. Tax declarations (computations) on those taxes, on which the taxpayers are relieved of the duty to pay them in connection with the application of special tax regimes, shall not be submitted to the tax bodies, as regards the activities whose exercise involves application of special tax treatments or the property used for exercising such activities.
A person recognised as a taxpayer for one or several taxes, who does not perform any operations as a result of which movement of monetary funds takes place on his accounts in the banks (in the organisation's cashier's office) and who has no taxable objects for these taxes, shall submit a uniform (simplified) tax declaration on the given taxes.
The form for a uniform (simplified) tax declaration and the procedure for filling it out shall be approved by the federal executive power body authorised to exercise control and supervision
in respect of taxes and fees with the approbation of the Ministry of Finance of the Russian Federation.
The uniform (simplified) tax declaration shall be submitted to the tax body at the organisation's location, or at the place of the natural person's residence not later than on the 20th day of the month, following the expired quarter, six months, nine months or calendar year.
3. The tax declaration (the computation) shall be submitted to the tax body at the place of the taxpayer's (the fee payer's or the tax agent's) recording in accordance with the established form on a paper medium, or in accordance with the established formats in electronic form, together with the documents that shall be attached to the tax declaration (to the computation) in conformity with this Code. Taxpayers have the right to submit the documents which, in conformity with this Code, shall be attached to the tax declaration (to the computation) in electronic form.
The provisions of paragraph two of Item 3 of Article 80 of this Code (in the wording of Federal Law No. 268-FZ of December 30, 2006) shall be applied till January 1, 2008 with respect to the taxpayers, an average-listed number of whose workers for 2006 exceeds 250 persons
Taxpayers, the average listed number of whose workers for the preceding calendar year exceeded one hundred, as well as newly created organisations (including by reorganisation), the number of whose workers exceeds the above-said limit, shall submit tax declarations (computations) to the tax body in accordance with the established formats in electronic form, unless a different procedure for submitting information, classed as a state secret, is envisaged in the legislation of the Russian Federation.
The taxpayers, an average-listed number of whose workers for 2006 exceeds 250 persons, shall submit information on the average-listed number for 2006 to the tax body at the location of the organisation (at the residence of the individual businessman) within one month from the day of entry into force of Federal Law No. 268-FZ of December 30, 2006
Information on an average-listed number of workers for the preceding calendar year shall be presented by the taxpayer to the tax body not later than on January 20 of the current year, and if the organisation is created (reorganised) anew - no later than on the 20th day of the month following that month, in which the organisation was created (reorganised). This information shall be submitted in the form, approved by the federal executive power body authorised to exert control and supervision in the area of taxes and fees, to the tax body at the location of the organisation (at the place of residence of the individual businessman).
Paragraph four of Item 3 of Article 80 of this Code (so far as it is submit all the tax declarations (computations) at the place of recording as major taxpayers) shall enter into force from January 1, 2008
Taxpayers classed in conformity with Article 83 of this Code as major taxpayers, shall submit all tax declarations (computations), which they are obliged to submit in conformity with this Code, to the tax body at the place of their recording as major taxpayers in accordance with the established formats in electronic form, unless a different order for submitting information, classed as state secret, is stipulated in the legislation of the Russian Federation.
Forms for the tax declarations (computations) shall be supplied by the tax bodies free of charge.
4. The tax return (calculation) may be submitted by a taxpayer (payer of fee or tax agent) to the tax authority personally or through a representative thereof, sent by mail in electronic form
with an inventory of enclosure attached thereto or transmitted over telecommunication lines. The tax body has no right to refuse to accept a tax declaration (computation), submitted
by the taxpayer (by the payer of fees or by the tax agent) in accordance with the established form (the established format), and is obliged, at the taxpayer's request (at the request of the payer of fees or of the tax agent), to make on the copy of the declaration (of the computation) a mark on its acceptance and the date of its receipt if the tax declaration (the computation) is received on a paper medium, or to hand to the taxpayer (to the payer of the fee or to the tax agent) a receipt slip on its acceptance in electronic form - if the tax declaration (the computation) is received along telecommunications channels.
When sending a tax return (calculation) by mail, the date of its submission shall be deemed the date of sending such mail with an inventory of enclosure attached thereto. When sending a tax return (calculation) over telecommunication lines, the date of its sending shall be deemed the date of submission thereof.
Paragraph 4 is abrogated. 5. A tax return (calculation) shall be submitted indicating the taxpayer's identification
number, unless otherwise provided for by this Code. A taxpayer (payer of fee or tax agent) or a representative thereof shall sign the tax return
(calculation), thus proving the reliability and completeness of the data shown in the tax return (calculation).
If the reliability and completeness of the data contained in a tax return (calculation), in particular with the use of an electronic digital signature when submitting a tax return (calculation) in electronic form, is confirmed by an authorised representative of a taxpayer (payer of fee or tax agent), the ground for such representation (denomination of the document proving the authority to sign the tax return (calculation)) shall be specified in the tax return (calculation). With this, a copy of the document proving the representative's authority to sign the tax declaration (calculation) shall be attached to the tax declaration.
When submitting a tax declaration (calculation) in electronic form, a copy of the document proving the representative's authority to sign the tax declaration (calculation) may be presented in electronic form via telecommunication channels.
6. A return (calculation) shall be submitted at the time established by the legislation on taxes and fees.
7. Forms of and a procedure for completing forms of tax declarations (calculations), as well as formats of and a procedure for submitting tax declarations (calculations) in electronic form shall be approved by the federal executive power body authorised to exercise control and supervision in respect of taxes and fees by approbation of the Ministry of Finance of the Russian Federation.
See the Uniform Requirements for the Forms of Tax Declarations and Other Documents Serving as a Ground for the Assessment and the Payment of Taxes and Charges approved by Order of the Federal Tax Service No. MM-3-13/20@ of January 24, 2008
Paragraph 2 is abrogated. The federal executive power body authorised to exercise control and supervision in
respect of taxes and fees shall not be entitled to include into a form of the tax return (calculation), and tax authorities shall not be entitled to demand of a taxpayer (payer of fee or tax agent) to include into a tax return (calculation), data which are not connected with calculation and (or) payment of taxes and fees, except for the following:
1) document type: primary (correcting) one; 2) denomination of tax authority; 3) location of organisation (of its separate subdivision) or place of residence of natural
person;
4) full name of natural person or full denomination of organisation (of its separate subdivision);
5) taxpayer's contact telephone number. 8. Abrogated from January 1, 2011 but not earlier than upon the expiry of one month
from the day of the official publication of the Federal Law No. 306-FZ of November 27, 2010. 9. The specifics of submitting tax returns while executing products' division agreements
shall be defined by Chapter 26.4 of this Code.
10. The features of the performance of the duty to submit tax declarations by way of making a declaration payment shall be determined by the federal law on the simplified procedure for declaring incomes by natural persons.
11. The specifics of filing with a tax authority of the tax declaration of a consolidated group of taxpayers shall be defined by Chapter 25 of this Code.
Article 81. Amending Tax Return 1. If a taxpayer detects in the tax return filed by him with a tax authority a failure to show,
or incomplete showing of, data, as well as errors causing an understatement of the tax amount to be paid, such taxpayer shall be obliged to make the necessary amendments to the tax return and to submit to the tax authority a more precise tax return in the procedure established by this Article.
Should a taxpayer detect in the tax return filed by him with a tax authority unreliable data, as well as errors not causing the understatement of the tax amount to be paid, the taxpayer shall be entitled to make the necessary amendments to the tax return and to submit to the tax authority a revised tax return in the procedure established by this Article. With this, a revised tax declaration submitted upon the expiry of the established time period for filing the return shall not be deemed submitted in defiance of this time period.
2. If the revised tax return is filed with a tax authority prior to the expiry of the time period for filing a tax return, it shall be deemed submitted on the date of filing the revised tax return.
3. If the revised tax return is filed with a tax authority after the expiry of the time period for filing a tax return but before the expiry of the time period for tax payment, the taxpayer shall be exempted from responsibility, if the revised tax declaration had been submitted prior to the time when the taxpayer learned about detecting by a tax authority the fact of failure to show, or of incomplete showing of, data in the tax return, as well as errors causing an understatement of the payable tax amount or about ordering to conduct a on-site tax check.
4. If the revised tax declaration is filed with a tax authority after the expiry of the time period for filing a tax return and of the time period for paying tax, the taxpayer shall be exempted from liability in the event of the following:
1) submitting a revised tax declaration prior to the time when a taxpayer learned about the detecting by a tax authority a failure to show, or incomplete showing of, data in the tax return, as well as errors causing the understatement of the payable tax amount or about ordering a field tax inspection in respect of this tax for this period on condition that prior to submitting the revised tax declaration he had paid the deficient tax amount and penalties corresponding to it;
2) submitting the revised tax return after conducting an on-site tax inspection for the appropriate tax period which has not resulted in detecting a failure to show, or incomplete showing of, data in the tax return, as well as errors causing an understatement of the payable amount of tax.
5. The revised tax declaration shall be filed by a taxpayer with the tax authority at the place of his registration.
A revised tax declaration (calculation) shall be filed with a tax authority according to the form effective during the time period in respect of which the appropriate amendments are made.
6. In the event of detecting by a tax agent in the calculation filed by him with a tax authority the fact of failure to show, or incomplete showing of, data, as well errors causing understatement or overstatement of the amount of tax to be remitted, the tax agent shall be obliged to make the necessary amendments and to file with the tax authority a revised calculation in the procedure established by this Article.
A revised calculation to be submitted by a tax agent to a tax authority only has to contain data on those taxpayers in respect of which facts of failure to show, or of incomplete showing of, data, as well as errors causing understatement of tax amount, are detected.
The provisions provided for by Items 3 and 4 of this Article, which concern exemption from liability, shall likewise apply in respect of tax agents when they submit revised estimations.
6.1. Where the party to an agreement of investment partnership which is the managing partner responsible for keeping tax records (hereinafter referred to in this article as the managing partner responsible for keeping tax records) have presented to the parties of the agreement of investment partnership a copy of the emendated estimate of the financial result of the investment partnership, the taxpayers paying tax on organisations' profits and tax on incomes of natural persons in connection with their participation in the agreement of investment partnership are bound to file an emendated tax declaration (estimate).
The emendated tax declaration (estimate) must be filed with the tax authority at the place of registration of a party to an agreement of investment partnership at latest fifteen days prior to the date when a copy of the emendated estimation of the financial result of the investment partnership was transferred thereto.
With this, if an emendated tax declaration (estimation) is filed with the tax authority at the time cited in Paragraph Two of this item, a party to an agreement of investment partnership which is not the managing partner responsible for keeping tax records shall be released from responsibility.
If a party to an agreement of investment partnership appeals against acts or decisions of a tax authority which have changed the financial result of the investment partnership, he is bound to present an emendated tax declaration (estimate) at latest in fifteen days as from the date when the superior tax authority adopted a decision based on the results of his appeal's consideration.
7. The rules provided for by this Article shall likewise apply in respect revised calculations of fees and shall extend to payers of fees.
Chapter 14. Tax Control
According to Federal Law No. 229-FZ of July 27, 2010 tax inspections and other tax control activities (including those connected with tax inspections) which are not completed before the date of the said Federal Law's entry into force shall be held in the procedure effective before the date of this Federal Law's entry into force. The results of the cited tax inspections and other tax control activities shall be formalized in the procedure effective before the date when the said Federal Law enters into force
Article 82. General Provisions on Tax Control 1. As tax control shall be deemed the activities of the authorised bodies involving the
exercise of control over observance by taxpayers, tax agents and payers of fees of the legislation on taxes and fees in the procedure established by this Code.
Tax control shall be exercised by tax officials within their scope of competence by conducting tax audits, obtaining explanations from taxpayers, tax agents and payers of fees, verifying accounting and reporting data, examining premises and territories used for generating income (profit), as well as in other forms provided for in this Code.
Specifics of exercising tax control, when implementing agreements on production sharing, shall be determined by Chapter 26.4 of this Code.
2. Abolished Federal Law No. 404-FZ of December 28, 2010 amended Item 3 of Article 82 of this
Code. The amendments shall enter into force from January 15, 2011 See the Item in the previous wording
3. The tax bodies, the customs agencies, the internal affairs bodies and investigatory bodies shall inform one another in the order, defined by the agreements between them, about the available materials on breaches of the legislation on taxes and fees and tax offences, about measures taken to thwart them, about the tax inspections carried out by them, and also exchange with each other necessary information with the aim of fulfilling their tasks.
4. In the exercise of tax control no allowance shall be made for the collection, storage, use and spread of information about a taxpayer (payer of fees or tax agent), received in violation of the provisions of the Constitution of the Russian Federation, this Code, the federal laws, and also in contravention of provision on the observance of the non-disclosure status information that constitutes a professional secret of other persons, in particular a legal secret or an audit secret.
Article 83. Registration of Organisations and Natural Persons
1. For purposes of tax control, organisations and natural persons shall be subject to registration with the tax authorities in accordance with the location of the organisation, location of its separate units, place of residence, if the taxpayer is a natural person, or at the location of immovable and movable property thereof and for other reasons envisaged by this Code.
Organisations having set-part subdivisions within them which are located on the territory of the Russian Federation are subject to registration with tax authorities at the location of each set-apart subdivision.
The Ministry of Finance of the Russian Federation shall have the right to determine the specific features of registration of major taxpayers with the tax authorities, as well as of the organisations that have obtained the status of participants in the project involving scientific research works, development and commercialization of their results in compliance with the Federal Law on the Skolkovo Innovation Centre.
The specific features of the record-keeping of foreign organisations and foreign citizens shall be fixed by the Ministry of Finance of the Russian Federation.
Specifics of taxpayers' registration, when implementing agreements on production sharing, shall be determined by Chapter 26.4 of this Code.
2. Registration of taxpayers shall be performed regardless of the availability of circumstances, with which this Code associates the emergence of an obligation to pay a tax or fee.
3. The registration with the tax authorities of a Russian organisation at its location, the location of an affiliate or representative office thereof, of a foreign non-profit non-governmental organisation at the place of exercising its activities on the territory of the Russian Federation through a subsidiary office thereof, as well as of an individual businessman at the place of residence thereof, shall be effected on the basis of the data contained in the Uniform State Register of Legal Entities and the Uniform State Register of Individual Businessmen
respectively. 4. The registration with the tax authorities of a Russian organisation at the location of its
set-apart subdivisions (except for an affiliate or a representative office) shall be effected by tax authorities on the basis of the reports presented (forwarded) by this organisation in compliance with Item 2 of Article 23 of this Code.
The registration (de-registration) with tax authorities of a foreign organisation at the place of exercising its activities on the territory of the Russian Federation through set-apart subdivisions thereof shall be effected on the basis of such organisation's application for registration (de-registration), unless otherwise provided for by Item 3 of this article. An application for registration shall be filed by a foreign organisation with a tax authority at the latest in 30 calendar days as from the date when it starts to exercise its activities on the territory of the Russian Federation. When filing an application for registration (de-registration), a foreign organisation, concurrently with the cited application, shall file with the tax authority the documents which are required for registration (de-registration) thereof with the tax authority and whose list is endorsed by the Ministry of Finance of the Russian Federation.
If several set-apart subdivision of an organisation are located in the same municipal entity, the cites of federal importance Moscow and Saint-Petersburg or on territories which are within the scope of operation of different tax authorities, the organisation may be registered by the tax authority at the location of one of its set-apart subdivisions independently determined by this organisation. Data on the tax authority chosen by it shall be cited by the organisation in the notice to be presented (forwarded) by a Russian organisation to the tax authority at its location and by a foreign organisation to the tax authority chosen by it.
4.1. When an organisation, which is a foreign market partner of the International Olympic Committee in compliance with Article 3.1 of Federal Law No. 310-FZ of December 1, 2007 on the Organisation and Holding of the XXII Winter Olympic Games and XI Winter Paralympic Games of 2014 in the Town of Sochi, on the Development of the Town of Sochi as a Mountain Climatic Health Resort and on Amending Certain Legislative Acts of the Russian Federation (except for official broadcasting companies), exercises activities within the framework of discharging the obligations of a market partner of the International Olympic Committee through its separate unit within the period of at most six months which includes the time period while the XXII Winter Olympic Games and XI Winter Paralympic Games of 2014 in the town of Sochi are held fixed by Part 2 of Article 2 of the cited Federal Law, such organisation shall be registered on basis of a notice forwarded by this organisation to a tax authority.
When an organisation, which is an official broadcasting company in compliance with Article 3.1 of the cited Federal Law, exercises activities within the framework of a contract made with the International Olympic Committee or an organisation authorised by it, through a separate unit within the period of at most twelve months, which includes the time period while the XXII Winter Olympic Games and XI Winter Paralympic Games of 2014 in the town of Sochi are held fixed by Part 2 of Article 2 of the cited Federal Law, such organisation shall be registered on the basis of a notice forwarded by this organisation to a tax authority.
The form of a notice serving as a basis for registration with a tax authority of an organisation which is a foreign market partner of the International Olympic Committee and/or of an official broadcasting company shall be endorsed by the federal executive power body authorised to exercise control and supervision in respect of taxes and fees.
5. Paragraph 1 is abrogated. The organisation or natural person's registration and de-registration with the tax body at
the location of immovable property and/or transport means owned by them, shall be carried out on the basis of information conveyed by the bodies specified in Article of 85 of the present Code. The organisation is subject to the registration with the tax bodies at the location of
immovable property, belonging to it by right of property, right of economic management or of operative management.
On the Forms of Documents Used in the Registration and De-Registration of Russian Organisations and Natural Persons, see Order of the Federal Tax Service No. SAE-3- 09/826@ of December 1, 2006
In the purposes of this Article the location of immovable property recognises: 1) for sea, river and air transport vehicles - the place (port) of registry or the place of state
registration, and in the absence of such - the place of location (residence) of the owner of property;
2) for transport vehicles, which are not mentioned in Subitem 1 of this Item - the place of state registration and in the absence of such the place of location (residence) of the owner of property;
3) for other real estate - the actual location of this estate. 5.1. The rules provided for by Item 5 of this article shall likewise apply in respect of the
immovable property and transport vehicles that are state or municipal property and which form part of organisations' property (in particular, under a concession agreement) in respect of which the rights of possession, use and disposal or the rights of possession and disposal of are granted to these organisations.
6. The registration of a notary engaged in private practice shall be carried out by the tax body at the place of his residence on the basis of information conveyed by the bodies specified in Article 85 of this Code.
The registration of a solicitor/barrister shall be carried out by the tax body at the place of his residence on the basis of the information conveyed by the solicitor's/barrister's chamber of the Russian Federation subject in accordance with Article 85 of this Code.
7. Registration with tax authorities of natural persons other than private entrepreneurs shall be performed by the tax office at the place of residence of the natural person on the basis of information provided by bodies listed in Items 1 - 6 and 8 of Article 85 of this Code, or on the basis of a natural person's application.
7.1. Natural persons whose place of residence is determined for the purposes of taxation at the place of a natural person's stay shall be entitled to file an application with the tax authority at the place of their stay for their tax registration.
8. In the cases stated in paragraph 2 of Item 5, Items 7 and 7.1 of this Article, the tax authority shall immediately notify the natural person in question of the registration of the said person.
9. Should a taxpayer experience any difficulties with determining the place of registration, the decision shall be made by the tax authority.
10. The tax bodies on the basis of available data and information on taxpayers shall be obliged to ensure their registration (de-registration) and keeping records about taxpayers.
See the Article in the previous wording
Article 84. The Procedure for Registration and De-registration of Organisations and Natural Persons. Identification Number of the Taxpayer
1. Organisations and natural persons shall be registered and deregistered with the tax authorities on the grounds provided for by this Code, and the data on them kept by tax authorities shall be amended, in the procedure established by the Ministry of Finance of the Russian Federation.
When registering natural persons, their personal data shall be also included in the information about the cited persons:
full name; date and place of birth; gender; place of residence; data of the passport or other document certifying taxpayer's identity; data on citizenship.
2. A tax authority is obliged to register a natural person on the basis of this natural person's application within five days as from the day the cited application is received by the tax authority and within the same time period to issue the certificate of registration with the tax authority thereto (if the cited certificate has not been issued before) or a notice of registration with the tax authority.
A tax authority is obliged to register a Russian organisation at the location of a set-apart subdivision thereof (except for an affiliate or a representative office thereof) within five days as from the date of receiving a report of this organisation in compliance with Item 2 of Article 23 of this Code; a Russian organisation at the location of an affiliate or representative office thereof, a foreign non-profit non-governmental organisation at the place where it exercises its activities on the territory of the Russian Federation through a subsidiary office thereof on the basis of the data contained in the Uniform State Register of Legal Entities, a foreign organisation at the place where it exercises its activities on the territory of the Russian Federation through a different set-apart subdivision - within five days as from the date of receiving from this organisation an application for registration and all necessary documents and within the same time period to issue to the Russian organisation and foreign organisation a notice of registration with the tax authority and the certificate of registration with the tax authority respectively.
The tax authority registering a newly established Russian organisation or an individual businessman is obliged to issue to the Russian organisation the certificate of registration with the tax authority and to the individual businessman the certificate of registration with the tax authority (if the cited certificate has not been issued before) and the notice of registration with the tax authority proving registration with the tax authority of the natural person as an individual businessman.
A tax authority is obliged to register or deregister an organisation or a natural person at the location of the immovable property and/or transport vehicles owned by them, as well as notaries engaged in private practice and lawyers, at the place of residence thereof within five days as from the date of receiving the data reported to the bodies cited in Article 85 of this Code. A tax authority is obliged within the same time period to issue or to send by registered mail to the cited persons the certificate of registration with the tax authority and/or the notice of registration (the notice of de-registration) with the tax authority.
A tax authority is obliged to register (to deregister) an organisation or a natural person on other grounds provided for by this Code within five days as from the date of receiving an appropriate application or the data reported by the bodies cited in Article 85 of this Code and within the same time period to issue the notice of registration (the notice of de-registration) with the tax authority.
3. Any changes in the data on Russian organisations, subsidiary offices of foreign non- profit non-governmental organisations on the territory of the Russian Federation or individual businessmen are subject to registration with tax authorities accordingly at the location of the Russian organisation, at the location of a branch or representative office of a Russian
organisation, at the place where a foreign non-profit non-governmental organisation exercises its activities on the territory of the Russian Federation through a branch thereof or at the place of residence of an individual businessman on the basis of the data contained accordingly in the Uniform State Register of Legal Entities and the Uniform State Register of Individual Businessmen.
Any changes in the data on set-part subdivisions (except for affiliates and representative offices) of Russian organisations are subject to registration by tax authorities at the location of such set-apart subdivisions on the basis of the reports presented (forwarded) by a Russian organisation in compliance with Item 2 of Article 23 of this Code.
Any changes in the data on foreign organisations (including those on affiliates, representative offices and other set-apart subdivisions, except for the subsidiary offices cited in Paragraph One of this item) are subject to registration by tax authorities at the location of the cited set-part subdivisions on the basis of an application of a foreign organisation drawn up according to the form established by the federal executive power body authorised to exercise control and supervision in respect of taxes and fees. A foreign organisation, concurrently with filing such application, shall submit the documents which are required for such data's registration with the tax authority and whose list is endorsed by the Ministry of Finance of the Russian Federation.
Any changes in the data on natural persons who are not individual businessmen, as well as on notaries engaged in private practice and lawyers, are subject to registration with the tax authority at the place of residence thereof on the basis of the information supplied by the bodies cited in Article 85 of this Code.
4. If the location of an organisation, or the location of a set-apart subdivision of an organisation, or the place of residence of a natural person have changed, they shall be deregistered by the tax authority that has registered the organisation or natural person. For this the tax authority shall deregister:
a Russian organisation at its location (at the location of an affiliate or representative office), a foreign non-profit non-governmental organisation at the place where it exercises its activities on the territory of the Russian Federation through a subsidiary office thereof, a natural person as an individual businessman at the place of residence thereof - on the basis of the data contained in the Uniform State Register of Legal Entities and the Uniform State Register of Individual Businessmen respectively;
a Russian organisation at the location of a different set-apart subdivision - within five days as from the date of receiving the report presented (forwarded) by the Russian organisation in compliance with Item 2 of Article 23 of this Code;
a foreign organisation at the place where it exercises its activities on the territory of the Russian Federation through a set-apart subdivision - within five days as from the date of receiving an appropriate application, unless otherwise provided for by this item;
a notary engaged in private practice, lawyer or a natural person who is not an individual businessman - within five days as from the date of receiving the data on registration to be reported in compliance with Article 85 of this Code by the bodies engaged in registration of natural persons at the place of residence thereof.
An organisation or natural person shall be registered with the tax authority at the new location thereof, at the location of an organisation's set-apart subdivision and at the place of residence of a natural person on the basis of the documents received from the tax authority at the organisation's previous location and at the location of the organisation's set-apart subdivision (at the place of residence of a natural person) respectively.
A natural person may be also deregistered with this tax authority upon its receiving appropriate data on registration of this natural person with another tax authority at the place of
residence thereof.
5. If a Russian organisation terminates its activities when liquidated as a result of re- organisation and in other cases established by federal laws or a natural person terminates his/her activities as an individual businessman they shall be deregistered on the basis of the data contained in the Uniform State Register of Legal Entities and the Uniform State Register of Individual Businessmen respectively;
When a Russian organisation terminates its activities through an affiliate or representative office thereof (when its affiliate or representative office is closed) or a foreign non-profit non-governmental organisation terminates its activities on the territory of the Russian Federation through a subsidiary office thereof, the Russian organisation shall be deregistered by the tax authority at the location of this affiliate (representative office) and the foreign organisation shall be deregistered by the tax authority at the place where it exercises its activities on the territory of the Russian Federation through this subsidiary office thereof on the basis of the data contained in the Uniform State Register of Legal Entities but at the earliest upon termination of an on-site tax inspection, should it be held.
In the event of termination of the activities (closure) of a different set-apart subdivision o a Russian organisation (of a foreign organisation), the organisation shall be deregistered by the tax authority at the location of this set-apart subdivision on the basis of the report on the Russian organisation received by the tax authority incompliance with Item 2 of Article 23 of this Code (on the basis of an application of the foreign organisation) within 10 days as from the date of receiving this report (application) but at the earliest upon the end of an on-site tax inspection of the organisation, should it be held.
In the event of termination of the authority of a notary engaged in private practice or termination of the status of a lawyer, they shall be deregistered by a tax authority on the basis of the data reported by the bodies cited in Article 85 of this Code.
5.1. An application for registration (de-registration) with a tax authority on the grounds provided for by this Code and a notice of selecting a tax authority for registration of an organisation at the location of one of its set-apart subdivisions may be filed with a tax authority in person or through a representative, sent as registered mail or transmitted in an electronic form via telecommunication lines. If the cited application (notice) is transmitted to a tax authority in an electronic form, it must be attested by an amplified qualified electronic signature of the person presenting this application (notice) or of a representative thereof.
At the request of an organisation or natural person, in particular, of an individual businessman, a tax authority may forward to an applicant via telecommunication lines a certificate of registration with a tax authority and/or a notice of registration with a tax authority (a notice of de-registration with a tax authority) in an electronic form attested by an amplified qualified electronic signature of these documents' signatory.
Forms and formats of applications for registration (de-registration) with tax authorities on the grounds provided for by this Code, of a notice of selecting a tax authority for registration of an organisation at the location of one of its set-apart subdivisions, the request and the documents proving registration (de-registration) with a tax authority, a procedure for completing the forms of the application, notice, request and a procedure for filing the application, notice and request with a tax authority in an electronic form, as well as a procedure for forwarding by a tax authority to an applicant the documents proving registration (deregistration) with a tax authority in an electronic form, shall be endorsed by the federal executive power body authorized to exercise control and supervision in respect of taxes and fees.
6. Registration and termination of registration with tax service bodies shall be free of charge.
7. Each taxpayer shall be assigned a uniform taxpayer's identification number applicable throughout the entire territory of the Russian Federation and with respect to all taxes and fees.
The tax authority shall indicate the TIN in all notifications forwarded to such taxpayer. Taxpayers shall indicate their TIN on documents submitted to tax authorities, such as tax
returns, reports, applications or other documents, as well as in other cases stipulated by law, unless otherwise provided for by this Article.
The procedures and conditions for assigning, using and changing the TIN shall be determined by the federal executive power body authorized to exercise control and supervision in respect of taxes and fees.
Natural persons who are not individual businessmen shall be entitled not to show taxpayer's identification numbers in the tax returns, applications and other documents to be submitted to the tax authorities but to indicate their personal data provided for by Item 1 of Article 84 of this Code.
8. On the basis of registration data the federal executive power body authorized to exercise control and supervision in respect of taxes and fees shall keep the Comprehensive State Register of Taxpayers in the procedure established by the Ministry of Finance of the Russian Federation. The composition of the data contained in the Comprehensive State Register of Taxpayers shall be defined by the Ministry of Finance of the Russian Federation.
A procedure for presenting to users data from the Comprehensive State Register of Taxpayers shall be approved by the federal executive power body authorised to exercise control and supervision in respect of taxes and fees.
9. From the moment of a taxpayer's registration with a tax authority information about the taxpayer becomes confidential unless otherwise provided for by Article 102 of this Code.
10. Organisations that are tax agents and have not been registered as taxpayers are subject to registration with the tax authorities at the address of their location using the procedure for organisations-taxpayers set forth in this Chapter.
Article 85. Authorities, Institutions, Organisations and Officials Are Obliged to Provide the Tax Bodies with the Information Relating to the Registration of Organisations and Natural Persons
1. The bodies of justice, which issue the licences on the right of notarial activity and empower the notaries, shall be obliged to notify the tax authority at the place of presence of natural persons who have received the licences for the right of notarial activity and/or was appointed as a notary engaged in private practice or relieved from it within five days from the date of publication of corresponding order.
2. The chambers of solicitors/barristers/barristers of the subjects of the Russian Federation shall be obliged before the 10th day of each month to provide the tax authority at the place of location of the chamber of solicitors/barristers of the subject of the Russian Federation with information about the solicitors/barristers entered to the register of solicitors/barristers of the subject of the Russian Federation in the previous month (including data about their chosen form of advocatory formation) or excluded from the said register , and also about adopted decisions on suspending (renewing) the status of solicitor/barrister.
3. The bodies engaged in registration (keeping records of) natural persons at the place of stay (place of residence) thereof and in civil registration of natural persons are obliged to report accordingly on the facts of registration of a natural person at the place of residence, registration (de-registration) of a foreign worker at the place of stay thereof, on the facts of birth and death
of natural persons to the tax authorities at the place of their location within 10 days after the date of registration (putting on records and striking off records) of the cited persons or the date of civil registration of natural persons.
4. The bodies engaged in keeping cadastral records, in keeping the state cadastre of immovable property and the state registration of rights to immovable property and transactions in it, the bodies which carry out the registration of transport vehicles, shall be obliged to supply information on immovable property situated on the territory under jurisdiction thereof about the transport vehicles registered by these bodies (rights and transactions registered by these bodies), and about their owners to the tax bodies at their location within 10 days from the day of corresponding registration, as well as to present the cited data as of January 1 of the current year before March 1.
5. Bodies of trusteeship and wardship shall notify the tax authorities at their location of any wardship, trusteeship, of property management responsibilities assumed by them with respect to the natural persons who are the property's owners (proprietors), in particular of transferring a child who is the property's owner (proprietor) to an adoptive family, as well as of any subsequent changes in connection with the said trusteeship, wardship or property management arrangements within 10 days from the date of the respective decision.
6. Bodies (institutions) authorised to perform notary actions and notaries engaged in private practice shall be obliged to report instances of notarisation of an inheritance right and deeds of gift to tax authorities accordingly at the place of their location and place of residence at the latest in five days as of the date of appropriate notarisation, unless otherwise provided for in this Code. With this, information about notarisation of deeds of gift has to contain data on the degree of kinship of the donor and the gifted person.
7. The bodies engaged in the accounting and/or registration of users of natural resources, and also in the licensing the activity for the use of these resources, shall be obliged to provide information about granting rights to such use, which are objects of taxation, to the tax bodies in their location within 10 days after the registration (issue to a relevant licence or permit) of the user of natural resources.
8. The bodies which issue and replace documents, certifying the person of a citizen of the Russian Federation on the territory of the Russian Federation, shall be obliged to supply the tax authority at the place of residence of the citizen information:
about the facts of primary issuance or of the replacement of the document certifying the identity of a citizen of the Russian Federation on the territory of the Russian Federation and about amendments in personal data contained in newly issued document within five days as from the day of issuance of a new document;
about the facts of submission by a citizen to these bodies of the application on the loss of the document, certifying the identity of a citizen of the Russian Federation on the territory Russian Federation within three days as from the date of its submission.
9. The agencies and organisations engaged in accreditation of branches and representative offices of foreign legal entities shall be obliged to transfer to the tax authorities at the place of their location information about accreditation (cancellation of accreditation) of branches and representative offices of foreign legal entities within 10 days from the date of such accreditation (cancellation of accreditation).
The body authorised to keep a register of affiliates and representative offices of international organisations and foreign non-profit non-governmental organisations is obliged to report to the tax authority at the location thereof data on an appropriate entry made in the cited register (of the amendments made in the register) within 10 days as from the date when the
data (the amendments) are entered in the cited register.
9.1. The bodies engaged in the state technical registration are obliged to present data annually, before March 1, to the tax authority at the location thereof, on the inventory value of immovable property and other data which are required for tax calculation as of January 1 of the current year.
9.2. Local self-government bodies are obliged to report data annually before February 1 to the tax authority at the location thereof data on the land plots recognized as taxable items in compliance with Article 389 of this Code as of January 1 of the current year.
10. The forms and formats of the data provided for by this article which are to be presented using a paper medium or in electronic form to the tax authorities, as well as a procedure for completing the forms, shall be endorsed by the federal executive power body authorised to exercise control and supervision in respect of taxes and fees.
11. The bodies cited in Items 3, 4, 8, 9.1 and 9.2 of this article shall present appropriate data to the tax authorities in electronic form. The procedure for presenting data to the tax authorities in electronic form shall be defined by an agreement of cooperating parties.
See the Article in the previois wording
Article 86. Duties of Banks with Regard to Taxpayer Registration
1. Banks shall open accounts for organisations, private entrepreneurs and grant them the right to use corporate electronic instruments of payment for transfers of electronic money resources, only upon presentation of a certificate of registration with a tax authority.
The bank shall be obliged to notify of opening or closing an account, of changing the requisite elements of an account of an organisation (individual businessman), about granting of the right or the termination of the right of the organisation (the individual entrepreneur) to use corporate electronic instruments of payment for transfers of electronic money resources, about change of payment details of the corporate electronic instrument of payment in the electronic form the tax authorities at the place of its location within three days as of the date of the appropriate event thereof.
A procedure for notification by a bank of opening or closing an account, of changing the requisite elements of an account, about granting of the right or the termination of the right of the organisation (the individual entrepreneur) to use corporate electronic instruments of payment for transfers of electronic money resources, about change of payment details of the corporate electronic instrument of payment in an electronic form shall be established by the Central bank of the Russian Federation by approbation of the federal executive body authorised to exercise control and supervision in the field of taxes and fees.
The forms and formats of a bank's report to a tax authority in respect of opening or closing an account, of changing the requisite elements of an account, about granting of the right or the termination of the right of the organisation (the individual entrepreneur) to use corporate electronic instruments of payment for transfers of electronic money resources, about change of payment details of the corporate electronic instrument of payment shall be established by the federal executive body in charge of control and supervision in the field taxes and fees.
2. Banks shall be obliged to issue to the tax authorities reports on the presence of bank accounts and (or) on the balance of monetary funds on accounts, abstracts in respect of the
transactions made on accounts of organisations (individual businessmen), as well as inquiries on the balances of electronic money resources and transfers of electronic money resources in compliance with the legislation of the Russian Federation within three days as of the date of receiving a reasoned request of a tax authority.
Reports on the presence of accounts and (or) on the balances of monetary funds kept on accounts, abstracts in respect of operations made on accounts of organisations (individual businessmen) opened with banks, as well as inquiries on the balances of electronic money resources and transfers of electronic money resources may be requested by the tax authorities in the event of taking tax control measures in respect of these organisations (individual businessmen).
The information indicated in this Item may be requested by the tax body after making the decision on the recovery of the tax, as well as in case of making the decision on the suspension of operations on the accounts of the organisation (individual entrepreneur), the suspension of transfers of electronic money resources or about cancellation of the suspension of operations on the accounts of the organisation (individual entrepreneur) and the suspension of transfers of electronic money resources.
3. A form (formats) of, and procedure for, sending by a tax authority a request to a bank shall be established by the federal executive body authorised to exercise control and supervision in the field of taxes and fees.
A form of, and procedure for, providing information by banks by request of the tax authorities shall be established by the federal executive body authorised to exercise control and supervision in the field of taxes and fees by approbation of the Central Bank of the Russian Federation.
Formats for the presentation by banks of information in electronic form at the requests of tax authorities shall be endorsed by the Central Bank of the Russian Federation by approbation of the federal executive power body authorised to exercise control and supervision in respect of taxes and fees.
4. The rules provided for by this Article shall likewise apply with respect to accounts opened by notaries engaged in private practice and by solicitors/barristers who have founded solicitor's/barrister's studies for the exercise of their professional activities, as well as in relation to corporate electronic instruments of payment of the aforementioned persons used for transfers of electronic money resources.
The rules provided for by this article shall also apply to the accounts of an investment partnership opened by the party to the investment partnership which is the managing partner, responsible for keeping tax records, for making operations connected with running the partners' common business under the agreement of investment partnership and to the corporate electronic payment instruments used for electronic monetary assets remittance while making such operations.
Article 86.1. Abrogated. Article 86.2. Abrogated. Article 86.3. Abrogated.
See the Article in the previous wording
Article 87. Tax Inspections 1. The tax authorities shall carry out the following types of tax inspections of taxpayers,
payers of fees and tax agents: 1) cameral tax inspections;
2) on-site tax inspections; 2. As the purpose of a cameral and on-site tax inspections shall be deemed control over
observance by a taxpayer, payer of fee or tax agent of the legislation on taxes and fees.
Article 87.1. Abrogated from January 1, 2004. See the Article in the previous wording
Article 88. Cameral Tax Inspection 1. A cameral tax inspection shall be conducted at the location of a tax authority on the
basis of the tax returns (calculations) and documents presented by a taxpayer, as well as of other documents concerning a taxpayer's activities which are available to a tax authority.
A desk tax audit of an estimate of the financial result of an investment partnership shall be held by the tax authority at the location of the party to the agreement of investment partnership which is the managing partner responsible for keeping tax records (hereinafter referred to in this article as the managing partner responsible for keeping tax records).
2. A cameral tax inspection shall be conducted by authorised officials of a tax authority in compliance with their official duties without any special decision of the head of the tax authority within three months as of the date of submission by a taxpayer of the tax return (calculation).
3. If in the course of a cameral tax inspection errors in the tax return (calculation) and (or) contradictions in the data contained in the submitted documents were detected, or non- compliance of the data submitted by a taxpayer with the data contained in the documents available to a tax authority and obtained in the course of the exercise of tax control, the taxpayer shall be notified thereof and he will be demanded to present within five days the relevant explanations or to make the appropriate amendments within the established time period.
4. The taxpayer which has presented to the tax authority explanations as to detected errors in the tax return (calculation) and (or) contradictions in the data contained in submitted documents, shall be also entitled to present to the tax authority extracts from tax and (or) accounting registers and (or) other documents proving the reliability of the data in the tax return (calculation).
5. The person conducting a cameral tax inspection shall be obliged to consider the explanations and documents presented by a taxpayer. If after consideration of presented explanations and documents or in the absence of explanations of a taxpayer the tax authority establishes the fact of committing a tax offence or of other violation of the legislation on taxes and fees, officials of the tax authority shall be obliged to draw up the report of the check in the procedure provided for by Article 100 of this Code.
6. While holding a cameral tax inspection, the tax authorities shall be likewise entitled to obtain on demand in the established procedure from taxpayers who enjoy tax privileges the documents proving the right of these taxpayers to these tax privileges.
7. While holding a cameral tax inspection, the tax authority shall not be entitled to obtain on demand from the taxpayer additional data and information, unless otherwise provided for by this Article or if the submission of such documents together with the tax return (calculation) is not provided for by this Code.
8. In the event of filing the tax return in respect of value-added tax claiming a tax refund, a cameral tax inspection shall be conducted subject to the specifics provided for by this Article on the basis of the tax returns and documents submitted by a taxpayer in compliance with this Code.
A tax authority shall be entitled to obtain on demand from a taxpayer the documents proving in compliance with Article 172 of this Code the rightfulness of applying tax deductions.
8.1. When holding a desk tax audit of the tax declaration (estimate) of tax on organisations' profits and tax on incomes of natural persons of a party to an agreement of investment partnership, the tax authority is entitled to obtain on demand therefrom data on the period of his participation in such agreement, on the share of profit (outlays, losses) of the investment partnership falling on him, as well as to use any data on the investment partnership's activities available to the tax authority.
9. When conducting a cameral tax inspection concerning the taxes connected with the use of natural resources, the tax authorities shall entitled, in addition to the documents specified in Item 1 of this Article, to obtain on demand from a taxpayer other documents serving as a basis for calculation and payment of such taxes.
9.1. If before the end of a cameral tax inspection the taxpayer submits a specified tax return (calculation) in the procedure provided for by Article 81 of this Code, a cameral tax inspection of the previously submitted tax return (calculation) shall be terminated and a new cameral tax inspection shall be started on the basis of the specified tax return (calculation). The termination of a cameral tax inspection means termination of all actions of a tax authority in respect of the previously submitted tax declaration (calculation). With this, the documents (data) obtained by a tax authority within the framework of the terminated cameral tax inspection may be used when exercising tax control activities in respect of the taxpayer.
10. The rules provided for by this Article shall likewise extend to payers of fees and tax agents, unless otherwise provided for by this Code.
11. A desk tax audit in respect of a consolidated group of taxpayers shall be held in the procedure established by this article on the basis of the tax declarations (estimates) and documents presented by the responsible participant in this group, as well as of other documents about the activities of this group available to a tax authority.
When holding a desk tax audit in respect of a consolidated group of taxpayers, a tax authority is entitled to demand and obtain from the responsible participant in this group copies of the documents which must be filed jointly with the tax declaration for organisations profit tax in respect of the consolidated group of taxpayers in compliance with Chapter 25 of this Code, in particular those related to the activities of other participants in the group being checked.
The required explanations and documents in respect of a consolidated group of taxpayers shall be provided to a tax authority by the responsible participant in this group.
Article 89. On-Site Tax Inspection 1. An on-site tax inspection shall be conducted on the territory (at the premises) of a
taxpayer on the basis of a decision of the head (deputy head) of a tax authority. If a taxpayer has no available premises for conducting an on-site tax inspection, the on-
site tax inspection may be conducted at the location of the tax authority.
2. A decision to conduct an on-site tax inspection shall be rendered by the tax authority at the location of an organisation or at the place of residence of a natural person, unless otherwise provided for by this Item.
A decision on conducting an on-site tax inspection of an organisation that is a major taxpayer under Article 83 of this Code shall be rendered by the tax authority that registered this organisation as a major taxpayer.
A decision on conducting an on-site tax inspection of an organisation that has obtained the status of a participant in the project involving scientific research works, development and commercialization of their results in compliance with the Federal Law on the Skolkovo
Innovation Centre shall be rendered by the tax authority that has effected the tax registration of this organisation.
An independent on-site tax inspection of a branch or representative office shall be conducted on the basis of a decision of the tax authority at the location of such separate subdivision.
A decision to conduct an on-site tax inspection has to contain the following data: full and shortened denomination or family name, first name and patronymic of the
taxpayer; object of the inspection, that is, the taxes the payment and correctness of calculation of
which are to be checked; periods to be checked; positions, family names and initials of the tax officials who are entrusted with conducting
the inspection. The form of a decision of the head (deputy head) of a tax authority to conduct an on-site
tax inspection shall be endorsed by the federal executive body authorised to exercise control and supervision in the field of taxes and fees.
3. An on-site tax inspection of a taxpayer may be conducted in respect of one or several taxes.
4. As the object of an on-site tax inspection shall be deemed the correctness of calculating and timeliness of paying taxes.
Within the framework of an on-site tax inspection may be checked the period not exceeding three calendar years preceding the year when a decision was rendered to conduct the on-site tax inspection, unless otherwise provided for by this article.
In the event of a taxpayer presenting a specified tax return, the period for which the specified tax return is filed shall be checked within the framework of an appropriate field tax inspection.
5. The tax authorities shall not be entitled to conduct two and more on-site tax inspections in respect of the same taxes for the same period.
The tax authorities shall not be entitled to conduct in respect of one taxpayer more than two on-site tax inspections within a calendar year, except for the instances of rendering a decision by the head of the federal executive body authorised to exercise control and supervision in the field of taxes and fees, as to the necessity of conducting an on-site tax inspection of a taxpayer in excess of the said restriction.
When establishing the number of on-site tax inspections of a taxpayer, the number of independent on-site tax inspections of its branches and representative offices shall not be taken into account.
6. An on-site tax inspection may last at most two months. The said time period may be prolonged up to four months or, in exceptional cases, up to six months.
The grounds and procedure for extending the time period for conducting an on-site tax inspection shall be established by the federal executive body authorised to exercise control and supervision in the field of taxes and fees.
7. Within the framework of an on-site tax inspection a tax authority shall be entitled to inspect the activities of a taxpayer's branches and representative offices.
A tax authority shall be entitled to conduct an independent on-site tax inspection of branches and representative offices as to the correctness of calculation and timeliness of paying regional and (or) local taxes.
A tax authority, while conducting an independent on-site tax inspection of branches and representative offices, shall not be entitled to conduct in respect of a branch or a representative office two or more on-site tax inspections in respect of the same taxes for the same tax period.
A tax authority shall not be entitled to conduct in respect of one branch or representative office more than two on-site tax inspections within one calendar year.
When conducting an independent on-site tax inspection of branches and representative offices of a taxpayer, the time period of such inspection may not exceed one month.
7.1. Within the framework of a visiting tax inspection, the tax authority is entitled to check the taxpayer's activities connected with participation thereof in an agreement of investment partnership, as well as to request the parties to the agreement of investment partnership for the information which is necessary for holding the visiting tax inspection in the procedure established by Article 93.1 of this Code.
Where a visiting tax inspection is held in respect of a taxpayer which is not the managing partner responsible for keeping tax records (hereinafter referred to in the article as the managing partner), the request for providing the documents and/or information connected with his participation in an agreement of investment partnership shall be forwarded to a managing partner. If the managing partner has not presented the documents and information in due time, the request for providing the documents and information connected with participation of the taxpayer being inspected in the investment partnership may be forwarded to other parties to the agreement of investment partnership.
8. The time period of conducting an on-site tax inspection shall be calculated as of the date of rendering a decision on ordering such inspection up to the date of drawing up the report in respect of its conducting.
9. The head (deputy head) of a tax authority shall be entitled to suspend the conduct of an on-site tax inspection for the following:
1) for obtaining on demand the documents (information) in compliance with Item 1 of Article 93.1 of the Code;
2) for receiving information from foreign governmental bodies within the framework of international treaties made by the Russian Federation;
3) for holding expert examinations; 4) for translation into Russian of the documents submitted by a taxpayer in a foreign
language. It shall be allowed to suspend an on-site tax inspection for the reason specified in
Subitem 1 of this Item at most once with respect to every person from which documents are obtained on demand.
The suspension and renewal of an on-site tax inspection shall be legalized by the appropriate decision of the head (deputy head) of the tax authority engaged in the said inspection.
The total time period for suspension of an on-site tax inspection may not exceed six months. If a tax inspection has been suspended for the reason specified in Subitem 2 of this Item and the tax authority could not receive the requested information within six months from foreign state bodies within the framework of international treaties made by the Russian Federation, the time period for suspending the said inspection may be prolonged by three months.
For the period of suspension of an on-site tax inspection shall be suspended the operations of the tax authority aimed at obtaining on demand documents from the taxpayer whereto in this case shall be returned all the originals obtained on demand during the tax inspection, except for the documents obtained in the course of seizure thereof, and the operations of the tax authority on the territory (at the premises) of the taxpayer connected with the said inspection shall be suspended.
10. As a repeated on-site tax inspection of a taxpayer shall be deemed an on-site tax inspection conducted regardless of the time of conducting the previous tax inspection in respect
of the same taxes and for the same period. In the event of ordering a repeated tax inspection, the restrictions specified in Item 5 of
this Article shall not be effective. When conducting a repeated on-site tax inspection, the period of at most three calendar
years preceding the year when a decision to conduct the repeated tax inspection was rendered, may be checked.
According to Resolution of the Constitutional Court of the Russian Federation No. 5-P of March 17, 2009, the provisions of paragraphs 4 and 5 of Item 10 of Article 89 of this Code were recognised as not corresponding to the Constitution of the Russian Federation in the part in which the given provisions, do not preclude the possibility of adoption by a higher-placed tax body, when conducting a repeated field tax inspection, of the decision entailing an amendment of the taxpayer's rights and duties defined by the juridical act, passed on the dispute of the same taxpayer and of the tax body, which conducted the initial field tax inspection, which was neither revised nor cancelled in the procedure, established in the procedural law, and thus comes into contradiction with the actual circumstances, earlier established by the court, and with the proofs enclosed to the case, confirmed by the given court act
A repeated on-site tax inspection may be conducted: 1) by a superior tax authority - by way of exercising control over the activities of the tax
authority conducting the tax inspection; 2) by the tax authority, which has previously conducted a tax inspection, on the bass of a
decision of the head (deputy head) thereof - in the event of submitting by a taxpayer a specified tax return where a lower tax amount is shown, as compared to the one previously declared. Within the framework of this repeated on-site tax inspection shall be checked the period in respect of which the specified tax return is submitted.
If in the course of conducting a repeated tax inspection was detected the fact of committing by a taxpayer of a tax offence which had not been detected in the course of conducting the initial on-site tax inspection, tax punitive sanctions shall not be applied with respect to the taxpayer, except for cases when non-detection of a tax offence in the course of conducting the initial tax inspection results from a collusion between a taxpayer and an official of the tax authority engaged in the inspection.
11. An on-site tax inspection conducted in connection with the re-organisation or liquidation of a taxpaying organisation may be conducted, regardless of the time of conducting, and the object of, the previous inspection. With this, a period of at most three calendar years preceding the year when a decision on conducting the tax inspection was rendered, shall be checked.
12. A taxpayer shall be obliged to make it possible for the officials of the tax agencies engaged in an on-site tax inspection to familiarise themselves with the documents connected with calculation and payment of taxes.
When conducting an on-site tax inspection, the documents which are necessary for the inspection may be obtained on demand from a taxpayer in the procedure established by Article 93 of this Code.
Officials of tax agencies may only familiarise themselves with the originals of documents on a taxpayer's territory, except for cases of conducting an on-site tax inspection at the location of a tax agency, as well as the cases provided for by Article 94 of this Code.
13. Where necessary, the authorised officials of tax agencies engaged in an on-site tax inspection may hold an inventory of the taxpayer's property, as well as inspect production, storage, trade and other premises and territories thereof used by the taxpayer for deriving income or connected with the maintenance of taxation objects in the procedure established by
Article 92 of this Code. 14. Where there are sound reasons for officials engaged in an on-site tax inspection to
believe that the documents showing the committing of offences can be eliminated, hidden, changed or replaced, these documents shall be seized in the procedure provided for by Article 94 of this Code.
15. On the last day of an on-site tax inspection, the official conducting it shall be obliged to draw up a report in respect the conducted tax inspection, wherein shall be stated the object of the on-site tax inspection and time period of conducting it, and to deliver it to the taxpayer or to a representative thereof.
If a taxpayer (or a representative thereof) evades receiving the report about a conducted inspection, the said report shall be sent to the taxpayer by registered mail.
16. The specifics of conducting an on-site tax inspection, when implementing products' division agreements, shall be determined by Chapter 26.4 of this Code.
16.1 The future of the conduct of field tax inspections of residents removed from the Unified Register of Residents of the Special Economic Zone in the Kaliningrad Region, shall be determined by Articles 288.1 and 385.1 of this Code.
17. The rules provided for by this Article shall likewise apply when conducting on-site tax inspections of payers of fees and tax agents.
18. The rules provided for by this article shall apply when conducting on-site tax audits of a consolidated group of taxpayers, subject to the specifics established by Article 89.1 of this Code.
Article 89.1. The Specifics of Conducting an On-Site Tax Audit of a Consolidated Group of Taxpayers
1. An on-site tax audit of a consolidated group of taxpayers shall be conducted in respect of organisations profit tax for the consolidated group of taxpayers in the territory (at the premises) of the responsible participant in this group and in the territories (at the premises) of other participants in this group on the basis of the decision of the head (deputy head) of a tax authority.
If it is impossible for a participant in a consolidated group of taxpayers to provide premises for conducting an on-site tax audit, the on-site tax audit in respect of such participant may be conducted at the location of an appropriate tax authority.
2. The decision to conduct an on-site tax audit of a consolidated group of taxpayers shall be adopted by the tax authority that has registered the responsible participant in this group.
An independent on-site tax audit of a branch or representative office of a participant in a consolidated group of taxpayers shall not be held.
The following shall be cited in the decision on conducting an on-site tax audit of a consolidated group of taxpayers:
the full and shortened denomination of the participants in the consolidated group of taxpayers;
the tax periods which are to be checked; the positions, family names and initials of the tax officials who are entrusted with
conducting the audit. The officials cited in the decision on conducting an on-site tax audit of a consolidated
group of taxpayers may take part in auditing all the participants in the consolidated group of taxpayers.
The form of the cited decision shall be endorsed by the federal executive power body authorized to exercise control and supervision in respect of taxes and fees.
3. The conduct of an on-site tax audit of a consolidated group of taxpayers in the procedure established by Article 89 of this Code shall not serve as an obstacle for holding independent on-site tax audits of participants in this group, as regards taxes which are not subject to estimation and payment by the cited consolidated group of taxpayers, with the results of such audits to be formalized separately.
4. As the object of an on-site tax audit of a consolidated group of taxpayers shall be deemed the correctness of estimation and timeliness of paying organisations profit tax in respect of this group.
5. An on-site tax audit of a consolidated group of taxpayers may not last more than two months. The cited time period shall be prolonged by the number of months which is equal to the number of participants in the consolidated group of taxpayers (apart from the responsible participant in this group) but at most up to a year.
6. In the instances and in the procedure which are provided for by Item 9 of Article 89 of this Code the decision to suspend an on-site tax audit of a consolidated group of taxpayers shall be rendered by the head (deputy head) of the tax authority that has adopted the decision on holding such audit.
7. As a repeated on-site tax audit of a consolidated group of taxpayers shall be deemed an on-site tax audit conducted regardless of the time of conducting the previous audit of this group for the same tax periods.
8. A reference note in respect of a conducted on-site tax audit shall be handed in to a representative of the responsible participant in the consolidated group of taxpayers in the procedure established by Item 15 of Article 89 of this Code.
Federal Law No. 154-FZ of July 9, 1999 amended Article 90 of this Code The amendments shall enter into force upon the expiry of one month from the day of the official publication of the Federal Law See the previous text of the Article
Article 90. Participation of a Witness 1. Any natural person who may have knowledge of any facts that have significance for
exercising tax control can be summoned to testify as a witness. Witness testimony shall be entered into a protocol.
2. The following persons may not be interrogated as witnesses: 1) persons who by reason of their young age, physical and psychological drawbacks are
unable to correctly perceive circumstances of relevance to tax control; 2) persons who have received information needed to exercise tax control in connection
with the discharge by them of their professional duties, and similar information shall refer to the professional secret of these persons, in particular a lawyer and an auditor.
3. A natural person can refuse to testify only on the grounds provided for by the legislation of the Russian Federation.
4. A witness can testify at the place where he is situated, if due to illness, old age or disability he cannot come to the tax office, and in other cases as decided by the tax official.
5. Before hearing the witness testimony, the tax official shall warn the witness of the liability for refusal or avoidance to testify or perjury. This shall be entered into the protocol and certified with the signature of the witness.
Article 91. Access to Grounds or Premises by Tax Officials for the Purposes of Exercising Tax Control
1. Access to the grounds or premises of a taxpayer, a duty payer, a tax agent or a participant in a consolidated group of taxpayers shall be granted to officials of the tax authority
directly involved in conducting a tax audit upon presentation of their official identification and a resolution of the head of the tax authority (or his deputy) on conducting an on-site audit of the taxpayer or a participant in the consolidated group of taxpayers.
2. Officials of the tax authority directly involved in the tax audit shall have the right to examine the grounds or premises of the person being checked used for business operations, or examine objects of taxation to establish whether the actual parameters of these objects match the parameters reported by the person being checked.
3. Should access to the said grounds or premises (except for living quarters) be impeded for tax officials conducting a tax inspection, the head of the inspection team (unit) shall draw up a report to be signed by him and the person being checked.
On the basis of such report the tax authority shall be entitled to assess independently the tax liability from the data on the person being checked that the tax authority has, or by analogy.
Should the person being checked refuse to sign the said report, the appropriate note of this shall be made in the report.
4. Abrogated from July 1, 2002. 5. Access of tax officials conducting the tax audit to living quarters against the will or
without the consent of the natural persons who live there other than in cases established by the federal law or on the basis of a court decision shall not be permitted.
Article 92. Examination
1. In order to clarify circumstances that are of relevance for the comprehensiveness of the audit, officials of the tax authority conducting an on-site audit shall have the right to examine grounds or premises of the taxpayer (participant in a consolidated group of taxpayers) being audited, as well as documents and objects.
2. Examination of documents or objects outside the framework of an on-site tax audit shall be allowed, if the documents or object have been received by tax officials as a result of earlier actions performed in exercise of tax control, or if the owner of these objects gives his consent to their examination.
3. Examination shall be conducted in the presence of attesting witnesses. The person being audited or a representative thereof, as well as experts shall have the
right to assist in conducting the examination. 4. If necessary, photograph-taking, filming, video recording, making copies of documents
and other actions can be undertaken at the time of the examination. 5. A protocol of examination shall be drawn up.
Article 93. Obtaining of Documents on Demand When Conducting a Tax Inspection 1. The tax official conducting a tax inspection is entitled to obtain on demand from the
person being checked the documents required for the inspection. The demand to present the documents may be passed over to the head (to a legal or authorised representative) of an organisation or to a natural person (to a legal or authorised representative thereof) in person against a receipt or transmitted in electronic form via telecommunication channels. Where it is impossible to pass over the demand to present the documents in the cited ways, it shall be sent by registered mail and shall be deemed received upon the expiry of six days as from the date when the registered mail is sent.
2. The demanded documents may be presented to a tax authority in person or through a representative, sent by registered mail or transmitted in electronic form via telecommunication channels.
Documents on a paper medium shall be presented in the form of copies attested by the person being checked. It is not allowed to demand that copies of the documents filed with a tax
authority (with an official) be attested by a notary, unless otherwise provided for by the legislation of the Russian Federation.
If the documents demanded of a taxpayer are drawn up in electronic form according to the established formats, the taxpayer is entitled to forward them to a tax authority in electronic form via telecommunication channels.
The procedure for forwarding a demand to present documents and a procedure for presenting documents at the request of a tax authority in electronic form via telecommunication channels shall be established by the federal executive power body authorised to exercise control and supervision in respect of taxes and fees,
Where necessary, a tax authority is entitled to familiarize itself with the documents' originals.
3. Documents to be obtained on demand in the course of a tax inspection shall be submitted within 10 days (20 days in case of a tax audit of a consolidated group of taxpayers) as of the date of receiving the appropriate demand.
Where it is impossible for the person being checked to submit the requested documents within the time period fixed by this item, such person within the day following day of receiving a demand for submission of documents shall notify in writing officials of the tax authority that it is impossible for him to submit the documents at the said time, specifying the reasons for his failure to submit the demanded documents at the fixed time and the time period when the person being checked can provide the demanded documents.
Within two days as of the date of receiving such notice the head (deputy head) of the tax agency shall be entitled on the basis of such notice to extend the time period for submission of the documents or to deny the extension of the time period, this being legalised by a separate decision.
When conducting a tax audit of a consolidated group of taxpayers, the time period thereof shall be extended by at least 10 days.
4. The refusal of the person being checked to present the documents demanded in the course of a tax inspection or failure to submit them at the established time shall be deemed to be a tax offence and shall entail the liability provided for by Article 126 of this Code.
In the event of such refusal or failure to submit the said documents at the established time, the official of a tax authority engaged in the tax inspection shall seize the required documents in the procedure provided for by Article 94 of this Code.
5. In the course of conducting a tax inspection or exercising other tax control activities the tax authorities shall not be entitled to demand and obtain from the person being checked (a consolidated group of taxpayers) the documents which have been previously submitted to the tax authorities while conducting documentary or on-site tax inspections of the person being checked (a consolidated group of taxpayers). The said restriction shall not extend to the instances when documents have been previously submitted to a tax agency in the original and have been afterwards returned to the person being checked, as well as to the instances when the documents submitted to a tax agency have been lost as a result of an act of God.
Article 93.1. Demanding and Obtaining Documents (Information) about a Taxpayer, Payer of Fees and Tax Agent or Information on Specific Transactions
1. The official of a tax agency engaged in a tax inspection shall be entitled to demand and obtain from a taxpayer or from other persons that have documents (information) concerning the activities of the taxpayer (payer of fees or tax agent) being checked, these documents (information).
The documents (information) concerning the activities of a taxpayer (payer of fees or tax
agent) being checked may be likewise obtained on demand, while considering materials of a tax inspection, on the basis of a decision of the head (deputy head) of the tax agency when ordering to take additional tax control measures.
1.1. When holding a desk tax audit of an estimate of the financial result of an investment partnership or the tax declaration (estimate) for tax on organisations' profit and tax on incomes of natural persons in respect of a party to an agreement of investment partnership, a tax authority is entitled to obtain on demand from the party to the agreement of investment partnership which is the managing party responsible for keeping tax records the following data concerning the period being checked:
1) the composition of the parties to the agreement of investment partnership including data on changes in the composition of the parties to the cited agreement;
2) the composition of the parties to the agreement of investment partnership which are managing partners, including data on changes in the composition of such parties to the cited agreement;
3) the shares of profit (outlays, losses) falling on each of the managing partners and partners;
4) the participatory share of each of the managing partners and partners in the profits of the investment partnership established by the agreement of investment partnership;
5) the share of each managing partner and partner in the partners' common property; 6) changes in the procedure for estimating by the party to the agreement of investment
partnership which is the managing partner responsible for keeping tax records the outlays made in the interests of all the partners for running the partners' common business, where such procedure is established by the agreement of investment partnership.
2. If the tax authorities have a reasoned need, irrelevant to tax inspections, for obtaining information about a specific transaction, an official of a tax authority shall be entitled to demand and obtain this information from the participants in this transaction or from other persons that have information about this transaction.
3. The tax authority engaged in tax inspections or in taking other tax control measures shall send a order to demand and obtain the documents (information) concerning the activities of the taxpayer (payer of fees or tax agent) being checked to the tax authority at the place of registration of the person from which the documents (information) are to be obtained on demand.
With this, the order shall specify what tax control measure has caused the need for submitting the documents (information), and, when obtaining on demand information about a specific transaction, shall likewise state the data enabling the identification of this transaction.
4. Within five days as of the date of receiving the order, the tax authority at the place of registration of the person from which documents (information) are to be obtained on demand, shall send to this person a demand for presenting the documents (information). A copy of the order to obtain on demand the documents (information) shall be attached to this order. A demand to present documents (information) shall be forwarded subject to the provisions stipulated by Item 1 of Article 93 of this Code.
The provisions of 5 of Article 93.1 of this Code (in the wording of Federal Law No. 229-FZ of July 27, 2010) shall apply in respect of the documents filed with tax authorities after January 1, 2011
5. The person that has received a demand for presenting documents (information) shall
satisfy it within five days as of the date of its receipt or shall notify within the same time period that the demanded documents (information) are not available.
If the demanded documents (information) cannot be presented at the established time, the tax authority on the application of the person from which the documents are demanded shall be entitled to extend the time period for submission of these documents (information).
The demanded documents shall be submitted subject to the provisions provided for by Item 2 and 5 of Article 93 of this Code.
6. The refusal of a person to submit the documents demanded in the course of a tax inspection or failure to submit them at the established time shall be deemed a tax offence and shall entail the liability provided for by Article 129.1 of this Code.
7. A procedure for interaction of tax agencies aimed at executing orders to obtain documents on demand shall be established by the federal executive body authorised to exercise control and supervision in the field of taxes and fees.
8. The procedure for obtaining on demand documents (information) provided for by this article shall also apply when obtaining on demand the documents (information) concerning participants in a consolidated group of taxpayers.
Article 94. Seizing Documents and Other Objects
1. Seizure of documents and objects shall be performed on the strength of a justified seizure ruling made by an official of the tax authority conducting the on-site audit.
The said ruling is subject to endorsement by the head (deputy head) of the tax authority that has rendered the decision to conduct the audit.
2. Seizure of documents or other objects cannot not be carried out at night time. 3. Seizure of documents or other objects shall be done in the presence of attesting
witnesses and of the person who has the documents and other objects to be seized in his possession.
Before starting the seizure, the tax official shall present the seizure ruling and brief those present at the seizure on their rights and duties.
4. The tax officer shall than suggest that the person in possession of documents and other objects to be seized surrender them voluntarily. Meeting with a refusal to voluntarily surrender the documents or objects, the officer shall carry out an enforced seizure.
Meeting with refusal, on the part of the person from whom documents and other objects are to be seized, to provide access to the premises or other possible locations of documents or objects to be seized, tax officers shall be entitled to obtain access on their own trying to avoid causing unnecessary damage to locks, doors and other objects.
5. Documents and objects that are not related to the object of the tax audit shall not be subject to seizure.
6. Seizure of documents and other objects is recorded in a protocol as prescribed by Article 99 of this Code and this Article.
7. Seized documents and other objects shall be listed and described in the seizure protocol or in an attachment thereto, indicating the exact name of every item, its quantity, measures, weight and individual characteristics, and if possible, its value.
8. Where copies of documents of the person being checked are insufficient for taking tax control measures and the tax authorities have sufficient grounds to believe that the originals of the documents can be eliminated, hidden, corrected or replaced, the official of the tax authority shall be entitled to seize the originals of the documents in the procedure provided for by this Article.
When such documents are seized, copies thereof shall be made and certified by a tax officer. Such copies shall be handed over to the person whose documents were seized. If copies cannot be produced or delivered at the time of the seizure, they shall be handed over by the tax authority to the person whose documents were seized within five days of the date of the seizure.
9. All seized documents and objects shall be demonstrated to the attesting witnesses and other persons participating in, or attending, the seizure, and, if necessary, packed at the site of the seizure.
Seized documents have to be numbered, stitched and bear the stamp or signature of the taxpayer (tax agent or payer of fees). In the event the refusal of the taxpayer (tax agent or payer of fees) to affix its seal or put its signature to the documents to be seized, a special note in respect thereon shall be made in the record of seizure.
10. A copy of the protocol of seizure of documents/objects shall be served against subscription or mailed to the person from whose possession these documents or other objects were seized.
Federal Law No. 154-FZ of July 9, 1999 amended Article 95 of this Code The amendments shall enter into force upon the expiry of one month from the day of the official publication of the said Federal Law See the previous text of the Article
Article 95. Expert Examination 1. In cases of necessity in concrete actions of tax control and in on-site tax inspections
an expert may be attracted on a contractual basis. Expert examination shall be conducted in cases when clarification of questions at hand
requires specialized knowledge in science, arts, technology or craft. 2. The questions put before an expert and the assessment that the expert delivers cannot
go beyond the scope of his/her expertise. Experts shall be recruited on a contractual basis.
3. An expert examination shall be ordered by a ruling of an officer of the tax authority conducting the on-site audit, if not otherwise provided for by this Code.
The ruling shall specify the reasons for requesting an expert examination; the name of the expert or the name of the organisation where expert examination is to be conducted, questions put to the expert, and materials made available to the expert.
4. The expert has the right to examine the materials of the audit that relate to the subject of the expert examination and submit requests for additional materials.
5. The expert has the right to refuse to deliver an expert opinion if the materials made available to him/her are insufficient , or if he/she does not possess the knowledge required to carry out the expert examination.
6. An officer of the tax authority that has issued the ruling on conducting the expert examination shall present the ruling to the person being audited and brief that person on his rights under Item 7 of this Article.
When conducting an on-site tax audit of a consolidated group of taxpayers, the responsible participant in this group is subject to familiarization with the ruling on conducting an expert examination.
7. When an expert examination is ordered and during its conduct, the taxpayer being audited has the right to do the following:
1) to challenge the expert;
2) to request that the expert be appointed from among the persons that he himself suggests;
3) to put additional questions to the expert to provide his/her opinion on them; 4) to be present, subject to permission of the tax officer, at the expert examination and
offer his/her explanations to the expert; 5) to familiarize himself/herself with the expert's opinion. 8. An expert shall deliver his/her opinion in writing in his/her own name. This opinion shall
include the description of the research conducted, the findings and responses to the questions that were asked. Should the expert establish any material facts that lie outside the scope of the original inquiry, the expert has the right to include such findings into his/her opinion.
9. An expert's opinion or his statement of the impossibility to deliver one shall be presented to the audited taxpayer who shall have the right to present his own explanations or counter-arguments, request that additional questions be put or request an additional or repeated expert examination.
10. An additional expert examination shall be ordered if the outcome of the first one lacks clarity or is incomplete; the assignment to conduct it can be given to the same or a different expert.
A repeated expert examination shall be ordered if the first one is invalid or inconclusive and the assignment to conduct it shall be given to a different expert.
An additional and new expert examination shall be ordered in compliance with the provisions of this Article.
Federal Law No. 154-FZ of July 9, 1999 amended Article 96 of this Code The amendments shall enter into force upon the expiry of one month from the day of the official publication of the said Federal Law See the previous text of the Article
Article 96. Recruiting a Specialist for Assisting in Exercising Tax Control 1. If needed, specialists that posses special knowledge and skills and have no interest in
the outcome of the case can be recruited on a contractual basis to assist in conducting specific tax control actions including during the conduct of on-site tax inspections.
2. Specialists shall be recruited on a contractual basis. 3. Participation in the case of a person in the capacity of a specialist shall not preclude
the possibility of interrogation of this person, concerning the same case, as a witness.
Federal Law No. 154-FZ of July 9, 1999 amended Article 97 of this Code The amendments shall enter into force upon the expiry of one month from the day of the official publication of the said Federal Law See the previous text of the Article
Article 97. Participation of an Interpreter 1. Where necessary, an interpreter can be recruited on a contractual basis to assist in
exercising tax control. 2. An interpreter shall be a person who has no stake in the outcome and has a command
of the language required for interpretation. This provision shall also apply to a person who understands the signs of the mute or the
deaf. 3. The interpreter shall arrive as summoned by the tax official who appointed him/her and
adequately perform the interpretation. 4. The interpreter shall be briefed on the liability for refusal to fulfill or avoidance of
fulfilling his duties or for providing a fraudulent interpretation, which shall be recorded in a protocol signed by the interpreter.
Article 98. Attesting Witnesses 1. When conducting tax control actions, in cases provided for in the present Code,
attesting witnesses shall be summoned. 2. At least two attesting witnesses shall be summoned 3. Any natural persons having no stake in the outcome of the case may be summoned as
attesting witnesses. 4. Tax officials shall not be allowed to act as attesting witnesses. 5. Attesting witnesses shall attest to the fact, content and results of actions performed in
their presence, in a protocol. They shall have the right to comment on the actions performed, and such comments shall be entered into the protocol.
If needed, the attesting witnesses may be interrogated on the above circumstances.
Article 99. General Requirements for Protocols of Tax Control Proceedings 1. In the cases stated in this Code, tax control proceedings shall be recorded at the time
of the proceedings in protocols. The protocols shall be drawn up in Russian. 2. The protocol shall state the following: 1) the title thereof; 2) date and place of proceedings; 3) time of beginning and end of proceedings; 4) position and name of the person who drew up the protocol; 5) full name of every person who assisted in or was present at the proceedings; and, if
necessary, their address and citizenship, and their command of the Russian language; 6) content and sequence of proceedings; 7) material facts and circumstances that were identified in the course of the proceedings. 3. The protocol shall be read by all those who assisted in, or were present at the
proceedings. The said persons shall have the right to make comments which shall be entered into the protocol or attached to the file.
4. The protocol shall be signed by the tax officer who drew it up, as well as by all those who were either present at, or assisted in, the proceedings.
5. Attached to the protocol shall be photographs and negatives, films, videotapes and other materials that were produced during the proceedings.
Article 100. Legalisation of a Tax Inspection's Results
1. Authorised officials of the tax authorities shall draw up an on-site tax inspection report of the established form on the basis of the results thereof within two months as of the date of compiling a reference note in respect of the on-site tax inspection.
Where there are violations of the legislation on taxes and fees detected in the course of conducting a cameral tax inspection, the officials of the tax agency engaged in the said tax inspection shall draw up the tax inspection report of the established form within 10 days after the termination of the cameral tax inspection.
On the basis of the results of an on-site tax audit of a consolidated group of taxpayers within three months as from the date of drawing up a reference note about the conducted on- site audit authorised tax officials are bound to draw up a report on the tax audit of the established form.
2. A report on a tax audit shall be signed by the persons that have conducted the
appropriate audit and by the person (by a representative thereof) in respect of which this audit has been conducted. When conducting a tax audit of a consolidated group of taxpayers, a report on the tax audit shall be signed by the persons that have conducted the appropriate audit and by the responsible participant in this group (by a representative thereof).
An appropriate note shall be made in a report on a tax audit about the refusal of the person in respect of which the audit has been conducted (of the responsible participant in a group of taxpayers) to sign the report.
3. The following shall be shown in a tax inspection report: 1) date of the tax inspection report. The said date shall mean the date of signing the
report by the persons which are engaged in it;
2) full and shortened denomination or family name, first name and patronymic of the person being checked (participants in a consolidated group of taxpayers). In the event of checking an organisation at the location of a separate subdivision thereof, the full and shortened denomination of the separate subdivision being checked and its location shall be stated in addition to the denomination thereof;
3) family names, first names and patronymics of the persons engaged in the tax inspection, their positions, indicating the denomination of the tax agency which they represent;
4) date and number of the decision of the head (deputy head) of the tax agency on conducting the on-site tax inspection (in respect of an on-site tax inspection);
5) date of filing with the tax agency the tax return and other documents (in respect of a cameral tax inspection);
6) list of the documents submitted by the person being checked in the course of the tax inspection;
7) checked time period; 8) denomination of the tax in respect of which the tax inspection was conducted; 9) starting and finishing dates of the tax inspection;
10) address of the place of location of an organisation (participants in a consolidated group of taxpayers) or of the place of residence of a natural person;
11) data on tax control measures taken in the course of the tax inspection; 12) facts of violations of the legislation on taxes and fees detected in the course the tax
inspection which are proved by documents or a note on the absence of such; 13) conclusions and proposals of the persons engaged in the tax inspection and
references to Articles of this Code, if this Code stipulates responsibility for these violations of the legislation on taxes and fees.
3.1. The documents proving violations of the legislation on taxes and fees which are detected in the course of a tax inspection shall be attached to a report on the tax inspection. In so doing, the documents received from the person that has been inspected shall not be attached to the inspection report. The documents containing data which are not subject to disclosure by a tax authority and constitute bank, tax or other secrets of third persons protected by law, as well as personal data of natural persons, shall be attached in form of extracts attested by the tax authority.
4. The form of, and requirements for, drawing up a tax inspection report shall be established by the federal executive body authorised to exercise control and supervision in respect of taxes and fees.
5. A tax inspection report within five days as of the date of this report has to be delivered to the person in respect of which the tax inspection has been conducted or to the representative
thereof against their receipt or in some other way showing the date of its receiving by the said person (a representative thereof).
If the person in respect of which a tax inspection has been conducted or the representative thereof evades receiving a tax inspection report, this shall be shown in the tax inspection report and the tax inspection report shall be sent by mail to the location of the organisation (a separate subdivision thereof) or to the place of residence of the natural person. In the event of sending a tax inspection report by registered mail, as the date of delivery of this report shall be deemed the sixth day as of the date of sending the registered mail.
When conducting a tax audit of a consolidated group of taxpayers, a report on the tax audit within 10 days from the date of this report shall be handed in to the responsible participant in the consolidated group of taxpayers in the procedure established by this item.
6. The person in respect of which a tax inspection has been conducted (or a representative thereof), in the event of disagreement with the facts stated in the tax inspection report, as well as with conclusions and proposals of the persons engaged in the tax inspection, shall be entitled within 15 days as of the date of receiving the tax inspection report to submit to the appropriate tax body its objections in writing in respect of the said report on the whole or in respect of certain provisions thereof. With this, the taxpayer shall be entitled to attach to the objections in writing or to deliver to the tax authority at the agreed time the documents (or attested copies thereof) proving the reasonableness of such objections.
Objections in writing in respect of a report on a tax audit of a consolidated group of taxpayers shall be presented by the responsible participant in this group within 30 days from the date when the cited report is received. In so doing, the responsible participant in the consolidated group of taxpayers is empowered to attach to the objections in writing or to transfer to the tax authority at the agreed time the documents (copies thereof) proving the reasonableness of the objections thereof.
Article 100.1. Procedure for Trying Cases on Tax Offences 1. Cases on the tax offences detected in the course of a documentary or on-site tax
inspection shall be tried in the procedure provided for by Article 101 of this Code. 2. Cases on the tax offences detected in the course of taking other tax control measures
(except for the offences provided for by Articles 120, 122 and 123 of this Code) shall be tried in the procedure provided for by Article 101.4 of this Code.
Article 101. Rendering a Decision on the Basis of the Results of Considering Tax Check Materials
1. The tax check report, other materials of the tax check and of additional tax control activities in the course of which violations of the legislation on taxes and fees were detected, as well as the objections in writing in respect of the said report presented by the person being checked (by a representative thereof) shall be considered by the head (deputy head) of the tax agency conducting the tax check and a decision on them shall be rendered within 10 days as of the date of expiry of the time period specified by Item 6 of Article 100 of this Code. The said time period may be extended, but at most by one month.
2. The head (deputy head) of the tax body shall notify of the time and place of considering the materials of a tax check the person in respect of which this tax check has been conducted. When conducting a tax audit of a consolidated group of taxpayers, a notice about the time and place of consideration of the tax audit materials shall be forwarded to the responsible participant in this group which is deemed to be the person being checked for the
purposes of this article. The person in respect of which a tax check has been conducted shall be entitled to
participate personally and (or) through a representative thereof in the consideration of the said tax check's materials. The person in respect which a tax inspection has been conducted is entitled, prior to rendering the decision provided for by Item 7 of this article, to familiar itself with all the materials contained in the case-file thereof, including the materials of additional tax control activities. When conducting a tax audit of a consolidated group of taxpayers, representatives of the responsible participant in this group and other participants in this group are entitled to take part in consideration of the tax audit materials.
The non-appearance of the person in respect of which a tax check has been conducted (or of a representative thereof) properly notified of the time and place of considering the tax check materials shall not impede the consideration of the tax check materials, except for cases when this person's participation is declared obligatory by the head (deputy) head of the tax agency for consideration of these materials.
The duty of notifying participants in a consolidated group of taxpayers about the time and place of consideration of the tax audit materials shall be imposed upon the responsible participant in this group. The improper discharge of the cited duty by the responsible participant in this group shall not serve as a ground for postponing consideration of the tax audit materials.
A tax authority is bound to notify a participant in a consolidated group of taxpayers about the time and place of considering the tax audit materials, if in a report on the tax audit of the consolidated group of taxpayers there is a proposal to make this participant answerable for making a tax offence.
3. Prior to considering tax check materials on their merits, the head (deputy head) of a tax agency shall be obliged to do the following:
1) to declare who is trying the case and what tax check materials are subject to consideration;
2) to establish the fact of the appearance of the persons invited for participation in such consideration. In the event of the non-appearance of these persons, the head (deputy head) of the tax agency shall find out whether the participants in the proceedings in respect of the case have been properly notified of it and shall render a decision on consideration of the tax check materials in the absence of the said persons or on postponing the said consideration;
3) in the event of participation of a representative of the person in respect which the tax check has been conducted, to verify the authority of this representative;
4) to explain to the persons participating in the consideration procedure their rights and duties;
5) to render a decision to postpone the consideration of the tax check materials in the event of non-appearance of the person whose participation is necessary for consideration thereof.
4. When considering tax check materials, the report of the tax check may be pronounced, as well as, if necessary, other materials relating to tax control measures, as well as written objections of the person in respect of which the tax check has been conducted. The absence of written objections shall not deprive this person (a representative thereof) of the right to give their explanations at the stage of considering the tax check materials.
While considering tax audit materials, the presented evidence shall be examined, in particular the documents previously obtained on demand from the person in respect of which the tax audit was conducted (including participants in a consolidated group of taxpayers), the documents filed with tax authorities when holding desk tax audits or on-site tax audits of this person and other documents available to the tax authority. It is not allowed to use evidence obtained in defiance of this Code. If documents (information) about a taxpayer's activities have
been filed by the taxpayer with a tax authority without observing the time fixed by this Code, the documents (information) obtained by the tax authority shall not be regarded as received in defiance of this Code. In the course of consideration of the tax audit materials a decision may be rendered to attract to participation in this consideration, if necessary, a witness, expert or specialist.
5. In the course of considering tax check materials, the head (deputy head) of a tax agency:
1) shall establish, if the person in respect of which the tax check report has been drawn up (a participant (participants) in a consolidated group of taxpayers), is guilty of breaching the legislation on taxes and fees;
2) shall establish whether the detected violations constitute formal elements of a tax offence;
3) shall establish whether there are grounds for calling the person to account for committing a tax offence;
4) shall establish the circumstances excluding the person's being guilty of committing a tax offence or the circumstances mitigating or aggravating liability for committing a tax offence.
6. Where it is necessary to obtain additional evidence to prove the fact of breaching the legislation on taxes and fees or in the absence of such, the head (deputy head) of the tax agency shall be entitled to render a decision on taking additional tax control measures within a time period of one month at most (two months when a consolidated group of taxpayers is checked).
In the decision on ordering to take additional tax control measures shall be described the circumstances which have made such measures necessary and shall be indicated the time and specific form of taking them.
As additional tax control measures may be used the obtaining on demand of the documents in compliance with Articles 93 and 93.1 of this Code, interrogation of a witness and expert examination.
7. On the basis of the results of considering tax check materials, the head (deputy head) of a tax agency shall render a decision:
1) on calling to account for committing a tax offence. When checking a consolidated group of taxpayers, the cited decision may contain an indication on calling to account one or several participants in this group;
2) on the refusal to call to account for committing a tax offence. 8. In a decision on calling to account for committing a tax offence shall be stated the
circumstances of the tax offence committed by the person called to account in the way they are established in the course of the conducted tax check, making reference to the documents and other data proving the said circumstances, the arguments of the person in respect of which the tax check has been conducted in his defence and the results of verifying these arguments, a decision on calling the taxpayer to account for specific tax offences indicating the Articles of this Code providing for these offences and punitive sanctions applied. In a decision on calling to account for committing a tax offence shall be specified the amount of detected arrears and appropriate penalties, as well as the fine to be paid.
In a decision on the refusal to call to account for committing a tax offence shall be stated the circumstances serving as a ground for such refusal. In a decision on the refusal to call to account for tax offences may be specified the amount of detected arrears, if these arrears have been detected in the course of the tax check and the amount of the appropriate penalties.
In a decision on calling to account for committing a tax offence or in a decision on the
refusal to call to account for committing a tax offence shall be specified the time period when the person in respect of which the decision has been rendered, shall be entitled to appeal against the said decision, procedure for appealing against the decision with a superior tax authority (a superior official), as well as the denomination of the authority, its location and other necessary information.
9. A decision on calling to account for making a tax offence and a decision on the refusal to call to account for making a tax offence (except for the decisions rendered on the basis of the results of consideration of the materials of an on-site tax audit of a consolidated group of taxpayers) shall enter into effect upon the expiry of 10 days from the date of its delivering to the person (to a representative thereof) in respect of which the appropriate decision has been rendered. The decision on calling to account for making a tax offence and the decision on the refusal to call to account for making a tax offence rendered on the basis of the results of considering the on-site tax audit materials of a consolidated group of taxpayers shall enter into effect upon the expiry of 20 days from the date when it is delivered to the responsible participant in this group. In so doing, the appropriate decision must be delivered within five days as from the date when it is rendered. If it is impossible to deliver the decision, it shall be sent to the taxpayer by registered mail and shall be deemed received upon the expiry of six days as from the date when it is sent by registered mail.
In the event of filing an appeal against a decision of a tax authority in the procedure provided for by Article 101.2 of this Code, the said decision shall enter into force as of the date of its endorsement by a superior tax authority in full or in part.
The person in respect of whom the appropriate decision has been rendered shall be entitled to execute the decision in full or in part before its entry into force. With this, filing an appeal shall not deprive this person of the right to execute in full or in part a decision that has not yet entered into force.
10. After rendering a decision on calling to account for committing a tax offence or a decision on the refusal to call to account for committing a tax offence the head (deputy head) of a tax authority shall be entitled to take the protective measures aimed at making possible the execution of the said decision, if there are sufficient grounds to believe that failure to take these measures can impede or make impossible the subsequent execution of such decision and (or) recovery of the arrears, penalties and fines mentioned in this decision. In order to take protective measures the head (deputy) of a tax agency shall render a decision coming into force as of the date of its making and effective up to the date of executing a decision on calling to account for committing a tax offence or a decision on the refusal to call to account for committing a tax offence, or to the date of reversal of the rendered decision by a superior tax authority or court.
The head (deputy head) of a tax authority shall be likewise entitled to render the decision to cancel protective measures or the decision to replace protective measures where it is provided for by this item and Item 11 of this Article. The decision to cancel (replace) protective measures shall come into force as from the date when it is rendered.
As protective measures may be deemed the following: 1) prohibition to alienate (to put in pledge) a taxpayer's property without the consent of a
tax authority. The prohibition to effect such alienation (putting in pledge) provided for by this Subitem shall be implemented stage-by-stage in respect of the following:
immovable property, including that which is not used in making products (carrying out works and rendering services);
transportation vehicles, securities, design articles of official premises; other property, except for finished products, raw stuff and materials;
finished products, raw stuff and materials. With this, the prohibition to alienate (to put in pledge) the property pertaining to each of
the following groups shall apply, if the aggregate value of property from the preceding groups assessed on the basis of the accounting data is less than the total amount of arrears, penalties and fines to be paid on the basis of a decision on calling to account for committing a tax offence or a decision of the refusal to call to account for committing a tax offence.
2) suspension of operations on bank accounts in the procedure established by Article 76 of this Code.
Suspension of operations on a bank account by way of taking protective measures may only be applied after prohibiting alienation (putting in pledge) of property and if the aggregate value of such property on the basis of accounting data is less that the total amount of arrears, penalties and fines to be paid on the basis of a decision on calling to account for committing a tax offence or a decision on the refusal to call to account for committing a tax offence.
Suspension of operations on a bank account shall be allowed in respect of the difference between the total amount of arrears, penalties and fines stated in a decision on calling to account for committing a tax offence and the value of the property which is not subject to alienation (putting in pledge) in compliance with Subitem 1 of this Item.
Where the decision provided for by Item 7 of this article is rendered on the basis of the results of consideration of the materials of an on-site tax audit of a consolidated group of taxpayers, the security measures established by this article may be taken in respect of this group's participants. In so doing, the security measures shall be taken in the first turn in respect of the responsible participant in this group. If the security measures taken in respect of the cited responsible participant are insufficient for execution of the decision provided for by Item 7 of this article, the security measures may be taken in respect of the other participants in this consolidated group of taxpayers in the order and subject to the restrictions which are established by Item 11 of Article 46 of this Code.
11. A tax agency shall be entitled by request of the person in respect of which a decision has been rendered to replace the protective measures provided for by Item 10 of this Article by the following:
1) the bank guarantee proving that the bank undertakes to pay the amount of arrears specified by a decision on calling to account for committing a tax offence or a decision on the refusal to call to account for committing a tax offence, as well as the amount of the appropriate penalties and fines in the event of the principal's failure to pay these amounts at the time established by a tax authority;
2) pledge of securities circulating in the organised securities market or pledge of other property legalised in the procedure provided for by Article 73 of this Code;
3) surety of a third person legalised in the procedure provided by Article 74 of this Code.
12. If a taxpayer provides an effective bank guarantee of a bank included in a list of banks satisfying the established requirements for acceptance of bank guarantees for taxation purposes which is provided for by Item 4 of Article 176.1 of this Code, in the amount payable to the budget system of the Russian Federation on the basis of a decision to call to account for committing a tax offence or a decision on the refusal to call to account for committing a tax offence, the tax authority shall not be entitled to deny the taxpayer the replacement of the protective measures provided for by this Item.
13. A copy of a decision on taking protective measures and a copy of a decision on the reversal of protective measures within five days as from the date when it is rendered shall be delivered to the person in respect of whom the said decision has been rendered or to a representative thereof against their receipt or shall be sent in another way showing the date of
receiving the appropriate decision by the taxpayer. Should a copy of the decision be sent by registered mail, the decision shall be deemed
received upon the expiry of six days as from the date when the registered mail is sent. 14. Failure of tax officials to comply with the requirements established by this Code may
serve as a ground for reversal of a decision of a tax authority by a superior tax authority or by court.
Failure to observe the rules of procedure for considering the materials of a tax check shall serve as a ground for reversal by a superior tax authority or by court of a decision of a tax authority on calling to account for committing a tax offence or a decision on the refusal to call to account for committing a tax offence. To such essential conditions shall pertain providing an opportunity for the person in respect of which a tax check has been conducted to participate in considering the materials of the tax check in person and (or) through a representative thereof and providing an opportunity for a taxpayer to give his explanations.
As grounds for reversal of the said decision of a tax authority by a superior tax agency or by court may be deemed other failures to follow the procedure for considering the materials of a tax check, if only such failures have caused or can cause the adoption by the head (deputy head) of the tax authority of a wrongful decision.
15. In respect of the violations detected by a tax authority, for which natural persons or officials of an organisation are administratively liable, the authorised official of the tax authority who has conducted the tax check shall draw up a record of the administrative offence within the scope of authority thereof. Cases on these offences shall be tried and administrative penalties shall be imposed upon the natural persons and officials of organisations who are guilty of them, in compliance with the legislation on administrative offences.
Federal Law No. 404-FZ of December 28, 2010 amended Item 15.1 of Article 101 of this Code. The amendments shall enter into force from January 15, 2011 See the Item in the previous wording
15.1. If the tax authority that has decided on calling a taxpayer (payer of fees or tax agent) who is a natural person to account for making a tax offence has forwarded in compliance with Item 3 of Article 32 of this Code relevant materials to the investigatory bodies, the head (deputy head) of the tax authority shall be obliged at the latest on the date following the day when the materials are forwarded to render the decision to suspend execution of the decision adopted with respect to this natural person on his/her calling to account for making the tax offence and the decision on recovery of the appropriate tax (fee), penalties or fine.
With this, the running of the time period for recovery provided for by this Code shall be suspended for the period of suspending execution of the decision on recovery of the appropriate tax (fee), penalties or fine.
If as a result of considering the materials a decision is rendered to deny the initiation of criminal proceedings or the decision to terminate criminal proceedings, as well as if a judgment of acquittal is made in respect of an appropriate criminal case, the head (deputy head) of the tax authority at the latest on the date following the day when a notice of these facts is received from the investigatory bodies shall render the decision on resuming execution of the decision on calling to account for making the tax offence and the decision on recovery of the corresponding tax (fee), penalties or fine adopted with respect to this natural person.
Where the action (omission to act) of a taxpayer (payer of fees or tax agent) who is a natural person that has served as a ground for calling him/her to account for making a tax offence has caused making the judgment of conviction in respect of the given natural person, the tax authority shall reverse the rendered decision, as regards calling the taxpayer (payer of fees or tax agent) who is a natural person to account for making the tax offence.
Investigatory bodies that has received from the tax authority the materials in compliance
with Item 3 of Article 32 of this Code shall be obliged to forward to the tax authority a notice of the results of these materials' consideration at the latest on the date following the day when the corresponding decision is adopted.
Copies of the decision of the tax authority which are cited in this item within five days after the date when the corresponding decision is rendered shall be handed in by the tax authority to the person in respect of whom the corresponding decision is rendered or to his/her representative against the receipt thereof, or shall be delivered thereto in a different way making it possible to show the date when it is received. If a copy of the tax authority's decision is sent by registered mail, the date of receiving it shall be deemed the sixth day as of the date when it is sent.
16. The provisions established by this Article shall likewise extend to payers of fees and tax agents.
Article 101.1. Abrogated from January 1, 2007. Article 101.2. Procedure for Appealing against a Decision of a Tax Authority on Calling
to Account for Committing a Tax Offence or a Decision on the Refusal to Call to Account for Committing a Tax Offence
1. A decision on calling to account for committing a tax offence or a decision on the refusal to call to account for committing a tax offence may be appealed against with a superior tax authority in the procedure determined by this Article.
A procedure for, and term of, considering an appeal by a superior tax authority and rendering a decision on it shall be determined in the procedure provided for by Article 139 - 141 of this Code subject to the provisions established by this Article.
The decision rendered on the basis of the results of consideration of the materials of an on-site tax audit of a consolidated group of taxpayers shall be complained against by the responsible participant in this group and, as regards calling to account some other participant in this group for making a tax offence, it may be independently complained against by such participant.
2. A decision on calling to account for committing a tax offence or a decision on the refusal to call to account for committing a tax offence which has not entered into force may be appealed against in the appellate procedure by way of filing an appeal.
If the superior tax authority engaged in consideration of an appeal does not reverse a decision of a inferior tax authority, the decision of the inferior tax authority shall enter into force as of the date of endorsing it by the superior tax authority.
If the superior tax authority engaged in consideration of an appeal changes the decision of a inferior tax authority, the decision of the inferior tax authority subject to the changes made in it shall enter into force as of the date of rendering the appropriate decision by the superior tax authority.
3. An effective decision on calling to account for committing a tax offence or a decision on the refusal to call to account for committing a tax offence, which may not be appealed against in the appellate procedure, may be appealed against with a superior tax authority.
4. A superior tax authority shall be empowered to suspend execution of a decision of a tax authority being appealed on the application of the person appealing against the decision of the tax authority.
5. A decision on calling to account for committing a tax offence or a decision on the refusal to call to account for committing a tax offence may only be appealed against judicially after appealing against this decision with a superior tax authority. In the event of appealing against such decision in the judicial procedure, the time period for taking a legal action shall be
calculated starting from the date when the person in respect of which this decision has been rendered learned about its entry into force.
Article 101.3. Execution of a Tax Authority's Decision on Calling to Account for Committing a Tax Offence or a Decision on the Refusal to Call to Account for Committing a Tax Offence
1. A decision on calling to account for committing a tax offence or a decision on the refusal to call to account for committing a tax offence shall be subject to execution as of the date of its entry into force.
2. Execution of the appropriate decision shall be placed upon the tax authority which has made this decision. In the event of considering an appeal by a superior tax authority in the appellate procedure, the appropriate decision which has entered into force shall be sent to the tax authority that has made the initial decision, within three days as of the date of the appropriate decision's entry into force.
3. On the basis of an effective decision a demand to pay the tax (fee), the appropriate penalties, as well as a fine, in the event of calling a person to account for committing a tax offence, shall be sent to the person in respect of which a decision on calling to account for committing a tax offence or a decision on the refusal to call to account for committing a tax offence has been rendered in the procedure established by Article 69 of this Code.
Article 101.4. Proceedings in Respect of the Tax Offences Provided for by this Code
1. In the event of detecting facts testifying to breaches of the legislation on taxes and fees punishable under this Code (except for tax offences the cases on which are tried in the procedure established by Article 101 of this Code), a tax official within 10 days as from the date when the cited violation is detected shall draw up a report in the established form to be signed by this official and by the person who has committed such violation. An appropriate note shall be made in this act in respect of the refusal of the person that has violated the legislation on taxes and fees to sign the report.
2. The report has to show the facts of breaching the legislation on taxes and fees proved by documents, as well as contain conclusions and proposals of the official who has detected the facts of breaching the legislation on taxes and fees, as to the elimination of detected violations and imposition of punitive tax sanctions.
3. A form of the report and requirements for drawing it up shall be established by the federal executive body authorised to exercise control and supervision in the field of taxes and fees.
4. The report shall be handed in to the person that has committed a tax offence against the receipt thereof or shall be delivered in some other way showing the date of receiving it. If the said person evades receiving the said report, a tax authority official shall make an appropriate note about it in the report and send it to the said person by registered mail. In the event of sending the said act by registered mail, as the date of handing in the said report shall be deemed the sixth day as of the date of its sending.
5. The person that has committed a tax offence shall be entitled, in the event of disagreement with the facts stated in the report, as well as with the conclusions and proposals of the official who has detected the tax offence, to submit to the appropriate tax authority within 10 days as of the date of receiving the report objections in writing in respect of the report on the whole or in respect of certain provisions thereof. With this, the said person shall be entitled to attach to the objections in writing or to deliver to the tax authority at the agreed time the documents (attested copies thereof) proving the reasonableness of the objections.
6. Upon the expiry of the time period specified in Item 5 of this Article the head (deputy head) of the tax authority within 10 days shall consider the report stating the facts of breaching the legislation on taxes and fees, as well as the documents and materials presented by the person that has committed the tax offence.
7. The report shall be considered in the presence of the person to be called to account or a representative thereof. The tax authority shall notify in advance the person that has breached the legislation on taxes and fees, of the time and place of considering the report. The non- appearance of the properly notified person to be called to account for committing a tax offence or a representative thereof shall not make it impossible for the head (deputy head) of the tax authority to consider the report in the absence of this person.
In the course of considering the report may be read out the drawn up report and other materials resulting from taking tax control measures, as well as objections in writing of the person to be called to account for committing a tax offence.
The absence of written objections shall not deprive this person of the right to give explanations at the stage of considering the report. It is not allowed to use evidence obtained in defiance of this Code. If documents (information) have been presented by a person to be called to account to a tax authority without observing the time fixed by this Code, the obtained documents (information) shall not be regarded as obtained in defiance of this Code.
While considering the report, explanations of the person to be called to account shall be head and other evidence shall be examined.
In the course of considering the report and other materials resulting from taking tax control measures a decision may be rendered to attract, where necessary, to participation in this consideration a witness, expert or specialist.
In the course of considering the report and other materials the head (deputy head) of a tax authority shall do the following:
1) shall establish if the person in respect of which the report has been drawn up is guilty of breaching the legislation on taxes and fees;
2) shall establish whether the detected violations constitute formal elements of the tax offences contained in this Code;
3) shall establish whether there are grounds for calling the person in respect of which the report has been drawn up to account for committing a tax offence;
4) shall establish the circumstances excluding the person's being guilty of committing a tax offence or the circumstances mitigating or aggravating liability for committing a tax offence.
8. On the basis of the results of considering the report and the documents and materials attached thereto, the head (deputy head) of a tax authority shall render a decision within the time period provided for by Item 6 of this Article:
1) on calling a person to account for committing a tax offence; 2) on the refusal to call the person to account for committing a tax offence. 9. In a decision on calling a person to account for breaching the legislation on taxes and
fees shall be described the circumstances of the committed offence, shall be specified the documents and other data proving the said circumstances, the arguments of the person to be called to account in defence thereof and the results of these arguments' verification, as well as the decision on calling the person to account for specific tax offences indicating the Articles of this Code stipulating the liability for these offences and punitive sanctions to be imposed.
In a decision on calling to account for committing a tax offence shall be indicated the time when the person in respect of which the said decision has been rendered shall be entitled to appeal against this decision, a procedure for appealing against the decision with a superior tax authority (a superior official), as well as shall be indicated the denomination of this authority, its
location and other necessary data.
10. On the basis of the rendered decision on calling a person to account for breaching the legislation on taxes and fees a demand to pay penalties and fines shall be sent to this person in the procedure established by Article 69 of this Code and at the time fixed by Item 2 of Article 70 of this Code.
11. A copy of the decision of the head of the tax authority and the demand to pay penalties and a fine shall be handed in to the person that has committed a tax offence against the receipt thereof or shall be delivered in some other way showing the date of their receiving by this person (a representative thereof). If the person called to account or representatives thereof evade receiving copies of the said decision and demand, these documents shall be sent by registered mail and shall be deemed received upon the expiry of six days as of the date of their sending by registered mail.
12. The failure of tax officials to comply with the requirements established by this Code may serve as a ground for reversal of the tax authority's decision by a superior tax authority or court.
Failure to observe the rules of procedure for considering the report and other materials resulting from taking tax control measures shall serve as a ground for reversal by a superior tax authority or by court of a decision of a tax authority. To such essential conditions shall pertain providing an opportunity for the person in respect of which the report has been drawn up to participate in considering the materials of a tax check in person and (or) through a representative thereof and providing an opportunity for a taxpayer to give his explanations.
As grounds for reversal of the said decision of a tax authority by a superior tax agency or by court may be deemed other failures to follow the procedure for considering the materials, if only such failures have caused or can cause the adoption of a wrongful decision.
13. In respect of the violations of the legislation on taxes and fees detected by a tax authority for which persons are administratively liable, the authorised official of the tax authority shall draw up a record of the administrative offence. Cases on these offences shall be tried and administrative penalties in respect of the persons guilty of committing them shall be imposed by tax authorities in compliance with the the legislation of the Russian Federation on administrative offences.
Federal Law No. 86-FZ of June 30, 2003 amended Article 102 of this Code See the previous text of the Article
Article 102. Taxpayer Confidentiality
See the Procedure for Access to Confidential Information of Tax Bodies, endorsed by Order of the Ministry of Taxation of the Russian Federation No. BG-3-28/96 of March 3, 2003
Federal Law No. 404-FZ of December 28, 2010 amended Item 1 of Article 102 of this Code. The amendments shall enter into force from January 15, 2011 See the Item in the previous wording
1. Any information regarding a taxpayer received [information] by a tax authority, the bodies of internal affairs, investigatory bodies, the agency of a governmental extra-budgetary fund or a customs agency shall be considered confidential, with the exception of the following:
1) which are open for the general public, for instance which have become such on the consent of the possessor being a taxpayer;
2) information on the TIN; 3) on violations of tax and fee legislation and sanctions for these violations; 4) information provided to tax (customs) or law-enforcement agencies of other nations in
accordance with international treaties (agreements) on mutual cooperation between tax (customs) or law enforcement authorities of respective countries (in the part that concerns information submitted to these agencies), to which the Russian Federation is a party.
5) granted to election commissions in accordance with the legislation on elections by the results of the checks by the tax body of the information about the size and sources of the income of a candidate and his or her spouse and also about the property belonging to the candidate on the right of ownership.
2. Confidential taxpayer information shall not be subject to disclosure by tax authorities, the bodies of internal affairs, investigatory bodies, the agencies of the governmental extra- budgetary funds and customs agencies, their officials, recruited specialists, or experts, with the exception of the cases stipulated in federal law.
Disclosure of confidential tax information shall include, without being limited to, the use of information, which constitutes the information deemed a commercial secret (manufacturing secret) of the taxpayer and that came into possession of a tax official, the bodies of internal affairs, an investigatory body, an agency of an governmental extra-budgetary fund or a customs agency, a participating specialist or expert while performing their duties.
2.1. The presentation by a tax authority to the responsible participant in a consolidated group of taxpayers of data on this group's participants constituting a tax secret shall not be deemed the divulgence of the tax secret.
Federal Law No. 404-FZ of December 28, 2010 amended Item 3 of Article 102 of this Code. The amendments shall enter into force from January 15, 2011 See the Item in the previous wording
3. Confidential taxpayer information that came into possession of the tax authority, the internal affairs bodies, investigatory bodies, the agencies of the governmental extra-budgetary funds or the customs agencies shall be subject to special storage and access arrangements.
Officials defined by the federal executive body authorised accordingly for control and supervision over taxes and fees, by the federal executive body authorised in the sphere of internal affairs, the federal state body exercising authority in respect of criminal court proceedings and by the federal executive body authorised in the field of customs affairs shall have access to information that makes up a tax secret.
4. Loss of documents containing confidential tax information, or disclosure of such information shall entail liability under federal laws.
5. Provisions of this Article in the part of determining the composition of information on taxpayers, which comprises the state secret, the prohibition of divulgence of this information, the demands made on the special regime for the storage of and access to such information, as well as responsibility for the loss of documents, containing this information or for divulgence of such information, are to be spread to information on taxpayers, obtained by the organisations, subordinate to the federal executive power body, authorised to exert control and supervision in the area of taxes and fees, which introduce and process data on taxpayers, as well as to workers of these organisations.
Federal Law No. 329-FZ of November 21, 2011 supplemented Article 102 of this Code with Item 6. The Item shall enter into force upon the expiry of a month after the day of the
official publication of the said Federal Law 6. The provisions of this article, as regards a ban on the divulgence of data constituting
tax secret, the requirements for special conditions of such data storage and access thereto, liability for loss of the documents containing the cited data or for divulgence of such data shall extend to the data on taxpayers received by tax authorities in compliance with the legislation on counteracting corruption.
The data constituting tax secret shall be accessible at the state body whereto such data have come in compliance with the legislation of the Russian Federation on Counteracting Corruption for the officials determined by the head of this state body.
Article 103. Inadmissibility of Causing Unlawful Damage While Exercising Tax Control 1. In exercising tax control, causing unlawful damage to the persons being checked, to
their representatives or property held in their possession, use, or disposal shall be inadmissible. 2. Damage done by unlawful actions of tax authorities or their officials in exercising tax
control shall be subject to full compensation, including the compensation for loss of expected gains (missing/unearned profit).
3. For causing damages to the persons being checked, their representatives by their unlawful actions, tax authorities and their officials shall be held liable under federal laws.
4. Damage done to the persons being checked, their representatives by lawful actions of tax officials shall not be subject to compensation, except in the cases set forth in federal laws.
Article 103.1. Abrogated from January 1, 2007. Article 104. Application for Collecting a Tax Sanction 1. After rendering a decision on calling a natural person not being an individual
businessman to account for committing a tax offence or in other cases when an extrajudicial procedure for collecting tax sanctions is not allowed, the appropriate tax authority shall file application with court for collecting from the person to be called to account for committing the tax offence the tax sanction provided for by this Code.
Prior to filing a lawsuit with a court, the tax authority shall advise the person to be called to account for committing a tax offence to pay the amount of the tax sanction voluntarily.
If the person to be called to account for committing a tax offence refuses to pay the amount of the tax sanction voluntarily or does not make the payment within the time limit stated in the demand for payment, the tax authority shall file an application in at court for the collection of the tax sanction established under this Code for committing the tax offence.
2. Applications for collecting tax sanctions from organisations or individual entrepreneurs are filed with an arbitration court, and lawsuits/petitions for collecting tax sanctions from individuals other than individual entrepreneurs - with a court of general jurisdiction.
Attached to the application shall be the protocol of the tax offence and other materials of the case produced in the course of the tax audit.
3. If necessary, along with filing an application for collecting the tax sanction from the person being held responsible for committing the tax offence, the tax authority can file a claim in court to secure the claim in the order envisaged by the civil procedural legislation of the Russian Federation and by the arbitration procedure legislation of the Russian Federation.
Federal Law No. 306-FZ of November 27, 2010 amended Item 4 of Article 104 of this Code. The amendments shall enter into force from January 1, 2011 but not earlier than upon the expiry of one month from the day of the official publication of the said Federal Law
4. The rules of this Article shall also apply in case of calling to account for breaking the legislation on taxes and fees in connection with the shifting of goods across the customs border of the Customs Union.
Article 105. Hearing of Cases and Execution of Rulings to Collect Tax Sanctions
1. Cases for collection of tax sanctions at the application of tax authorities against organisations or individual entrepreneurs shall be tried by courts of arbitrage pursuant to the law of arbitral procedure of the Russian Federation.
2. Cases for collection of tax sanctions at the application of tax authorities against natural persons other than individual entrepreneurs shall be tried by courts of general jurisdiction pursuant to the law of civil procedure of the Russian Federation.
3. Execution of effective court rulings on collecting tax sanctions shall be performed pursuant to the legislation of the Russian Federation on executive process.
Effective decisions of courts on collecting tax sanctions from the organisations for which personal accounts are opened shall be executed in the procedure established by the budget legislation of the Russian Federation.
Section V.1. Interdependent Persons. General Provisions on Prices and on Taxation. Tax Control in Connection with Making Transactions Between Interdependent Persons. A
Price Formation Agreement
Chapter 14.1. Interdependent Persons. Procedure for Determining the Share of Participation by One Organisation in Another Organisation, or of a Natural Person in an
Organisation
Article 105.1. Interdependent Persons 1. If the specifics in relations between persons may exert an influence upon the terms
and (or) results of transactions, made by these persons, and (or) upon the economic results of these persons' activity or of the activity of the persons they represent, the persons, mentioned in this Item, are recognised as interdepedent for taxation purposes (hereinafter referred to as interdependent persons).
For recognising mutual interdependence of persons, into account shall be taken the influence, which may be exerted by force of one person's participation in the capital of other persons in accordance with agreements, concluded by them, or if there is the possibility for one person to determine decisions, adopted by other persons. Such influence shall be taken into account regardless of whether it may be exerted by one person directly and independently, or jointly with his interdependent persons, recognised as such in conformity with this Article.
2. Taking into account Item 1 of this Article, as interdependent persons for the purposes of this Code are recognised:
1) organisations, if one organisation directly and (or) indirectly takes part in another organisation and the share of such participation comprises over 25 percent;
2) a natural person and an organisation, if such natural person directly and (or) indirectly takes part in such organisation and the share of such participation comprises over 25 percent;
3) organisations, if one and the same person directly and (or) indirectly takes part in such organisations and the share of such participation in each organisation comprises over 25 percent;
4) an organisation (including a natural person jointly with his interdependent persons, mentioned in Subitem 11 of this Item), possessing powers for an appointment (election) of the one-man executive body of this organisation, or for an appointment (election) of not less than 50
percent of the composition of this organisation's collegiate executive body or board of directors (supervision councin( �
5) organisations, whose one-man executive bodies or not less than 50 percent of the composition of whose collegiate executive body or board of directors (supervision council) are appointed or elected by decision of one and the same persons (of a natural person jointly with his interdependent person, mentioned in Subitem 11 of this Item);
6) organisations, in which over 50 percent of the composition of the collegiate executive body or board of directors (supervision council) are comprised by one and the same natural persons jointly with the interdependent persons, mentioned in Subitem 11 of this Item;
7) an organisation and a person, exercising powers of its one-man executive body; 8) organisations, in which the powers of the one-man executive body are exercised by
one and the same person; 9) organisations and (or) natural persons, if the share of direct participation of every
previous person in every subsequent organisation comprises over 50 percent; 10) natural persons, if one natural person is subordinate to another natural person by
force of his official position; 11) a natural person, his spouse, parents (including adopters), children (including those
adopted), full and not full brothers and sisters, his guardian (trustee) and ward. 3. For the purposes of this Item, as a natural person's share of participation in an
organisation is recognised an aggregate share of participation of this natural person and of his interdependent persons, mentioned in Subitem 11 of Item 2 of this Article, in this organisation.
4. If an impact on the terms and (or) results of transactions, performed by some persons, and (or) on the economic results of their activity is exerted by one or by several other persons by force of their advantageous position on the market or by force of the other similar circumstances, substantiated by the specifics of the performed transactions, such influence is not seen as a ground for recognising these persons as interdependent for taxation purposes.
5. Direct and (or) indirect participation of the Russian Federation, of the subjects of the Russian Federation and of municipal entities in Russian organisations is not in itself a ground for recognising such organisations as interdependent.
Organisations, mentioned in this Item, may also be recognised as interdependent on the other grounds, stipulated in this Article.
6. If the circumstances exist, mentioned in Item 1 of this Article, organisations and (or) natural persons, which (who) are parties of the transactions, have the right to independently recognise themselves for taxation purposes as interdependent persons on the grounds, not envisaged in Item 2 of this Article.
7. The court may recognise the persons as interdependent on the other grounds, not stipulated in Item 2 of this Article, if relations between these persons bear features, pointed out in Item 1 of this Article.
Article 105.2. Procedure for Defining the Share of Participation of One Organisation in Another Organisation, or of a Natural Person in an Organisation
1. For the purposes of this Chapter, the share of participation of one organisation in another organisation is defined in the form of the sum of direct and indirect participation shares of one organisation in another organisation.
2. As a direct participation share of one organisation in another organisation is recognised the share of voting shares of the other organisation, directly belonging to the first organisation, or the share in the authorised (pooled) capital (fund) of the other organisation, directly belonging to the first organisation, and if it is impossible to define such shares - the share, directly belonging to one organisation, defined proportionately to the number of participants in the other organisation.
3. As an indirect participation share of one organisation in another organisation is seen the share, defined in the following procedure:
1) all sequences of participation of one organisation in another organisation are defined through direct participation of every previous organisation in every subsequent organisation in the corresponding sequence;
2) the direct participation shares of every previous organisation are defined in every subsequent organisation in the corresponding sequence;
3) the results of multiplying direct participation shares of one organisation in another organisation through participation of every previous organisation in every subsequent organisation in all sequences are defined.
4. When determining the participation shares of one organisation in another organisation, or of a natural person in an organisation, additional circumstances shall be taken into account through the court.
5. The rules, envisaged in this Article, shall also be applied when determining the participation share of a natural person in an organisation.
Chapter 14.2. General Provisions on Prices and on Taxation. Information, Used When Comparing the Terms of Transactions Between Interdependent Persons with the Terms
of Transactions Between Those Persons, Who Are Not Interdependent
Article 105.3. General Provisions on Taxation in Transactions Between Interdependent Persons
1. If in transactions between interdependent persons commercial or financial conditions are created or established, different from those which would have taken place in transactions, recognised in accordance with the present Section as comparable, between not interconnected persons, any incomes (the profit and the earnings), which could have been derived by one of these persons, but have not been derived by him because of the above-said distinction, shall be recorded for the purposes of this person's taxation.
The incomes (profits and earnings) are recorded for taxation purposes in accordance with this Item, if this does not lead to a reduction of the sum of the tax to be paid into the budgetary system of the Russian Federation (with the exception of the cases, when the taxpayer applies symmetrical correction in conformity with this Code).
For the purposes of this Code, the prices, applied in transactions, the parties of which are the persons, not recognised as interdependent, as well as the incomes (profits and earnings) of persons, who are the parties in such transactions, are recognised as market prices.
2. The incomes (profits and earnings) of interdependent persons, which could have been derived but have not been derived because of the distinction of the said transactions' commercial and (or) financial terms from the commercial and (or) financial terms of the same kind of transaction, whose parties are the persons, not recognised as interdependent, are defined for taxation purposes by the federal executive power body, authorised to exert control and supervision in the area of taxes and fees, while applying the methods, established in Chapter 14.3 of this Code.
3. When defining the tax base, taking into account the prices of the commodity (work and service), applied by the parties of the transaction for taxation purposes (hereinafter referred to in this Section as the price, applied in a transaction), this price is recognised as the market price, unless the federal executive power body, authorised to exert control and supervision in the area of taxes and fees, has proved the contrary, or unless the taxpayer has himself corrected the sums of the tax in conformity with Item 6 of this Article.
The taxpayer has the right to independently apply the price, different from that applied in
the said transaction, if the price, actually applied in this transaction, does not correspond to the market price.
4. When it exerts the tax control in accordance with the procedure stipulated in Chapter 14.5 of this Code, the federal executive power body, authorised to exert control and supervision in the area of taxes and fees, shall check the completeness of the calculation and payment of the following taxes:
1) on the profit of organisations; 2) on the incomes of natural persons, paid in accordance with Article 227 of this Code; 3) on the extraction of useful minerals (if one of the parties of the transaction is the
taxpayer of the said tax and the object of the transaction is the extracted useful mineral, recognised for the taxpayer as an object of taxation by the tax on the extraction of useful minerals, at whose extraction the tax is levied at a tax rate, fixed in percentages);
4) the value added tax (if one of the parties of the transaction is an organisation /an individual businessman/, which /who/ is not a taxpayer of the value added tax or is relieved of the taxpayer's duties on the value added tax).
5. If an understatement of the sums of taxes, mentioned in Item 4 of this Article, is exposed, the federal executive power body, authorised to exert control and supervision in the area of taxes and fees, shall make corrections of the corresponding tax bases.
6. If the taxpayer applies in a transaction between interdependent persons the prices of commodities (works and services), not corresponding to the market prices, and if the said non- correspondence has entailed an understatement of the sums of one or several taxes (advance payments), mentioned in Item 4 of this Article, the taxpayer has the right to independently correct the tax base and the sums of the corresponding taxes after expiry of the calendar year, including the tax period (the tax periods) on taxes, whose sums are subject to correction.
Corrections, mentioned in this Item, may be made: - by organisations simultaneously with submitting a tax declaration on the tax on the
profit of organisations for the corresponding tax period or, if the organisation is not a payer of the tax on the profit of organisations - within the time terms, established for submitting a tax declaration on the profit of organisations;
- by natural persons simultaneously with submitting a tax declaration on the tax on profits of natural persons.
Corrections on the value added tax and on that on the extraction of useful minerals in the cases, envisaged in Item 4 of this Article, are reflected in specified tax declarations for every tax period, in which a deviation of prices has occurred, presented simultaneously with a tax declaration on the tax on the profit of organisations (on the tax on the incomes of natural persons).
The sum of arrears, exposed by the taxpayer on his own in accordance with the results of the correction, effected in conformity with the present Item, shall be paid off within a time term of not later than on the date of payment of the tax on the profit of organisations (of the tax on the incomes of natural persons) for the corresponding tax period. In this case, for the period as from the date of appearance of arrears and to the date of expiry of the fixed time term for paying them, no penalty shall be charged on the sum of arrears.
7. For the purposes of calculating taxes (advance payments) in accordance with the results of the tax periods (accounting periods), ending in the course of the calendar year, the taxpayer has the right to use in transactions, whose parties are interdependent persons, the prices that have actually been applied in such transactions.
8. If the prices are applied in transactions in conformity with the instructions of the antimonopoly body, these prices shall be recognised for taxation purposes as market prices, with taking into account the specifics, stipulated in Article 105.4 of this Code for transactions, in which regulated prices are applied.
9. If a transaction was concluded by the results of exchange auctions, held in conformity with the legislation of the Russian Federation or with the legislation of a foreign state, such price shall be recognised for taxation purposes as the market price.
10. If in conformity with the legislation of the Russian Federation, making an estimation at the performance of a transaction is obligatory, the cost of the object of estimation, defined by an assessor in conformity with the legislation of the Russian Federation on the assessment activity, is seen as a ground for determining the market price for taxation purposes.
11. If the price, applied in a transaction, is defined in conformity with an agreement on the price formation, signed in conformity with Chapter 14.6 of this Code, this price is recognised for taxation purposes as the market price.
12. If in the chapters of Part Two of this Code, regulating the issues of the calculation and payment of individual taxes, other rules for determining the price of the commodity (work and service) are defined for taxation purposes, the rules of Part Two of this Code shall be applied.
13. The rules, envisaged in this Section, are spread to transactions, whose performance entails the need to record if even by only one of the parties of such transactions the incomes, the outlays and (or) the cost of extracted useful minerals, which leads to an increase and (or) decrease of the tax base for taxes, envisaged in Item 4 of this Article.
Article 105.4. Specifics in Recognising Prices as Market Prices for Taxation Purposes at the Application of Regulated Prices
1. As taxpayers make transactions, with respect to which the price regulation is envisaged by fixing the price or by agreeing the price formula with the authorised executive power body, and by establishing maximum and (or) minimum ultimate prices and mark-ups to the price or discounts from the price, or by way of other restrictions on the profitability or profit in these transactions, the prices of such transactions are recognised as market prices for taxation purposes, while taking into account the specifics, established in this Article.
The said specifics shall be taken into account, if prices are regulated in conformity with the legislation of the Russian Federation, with the acts of the Government of the Russian Federation, with the legislation of the subjects of the Russian Federation, with municipal legal acts, with the normative legal acts of the authorised bodies, with the normative legal acts of foreign states, as well as with international agreements of the Russian Federation.
2. If the maximum ultimate price is fixed, such price shall not be taken into account when defining the market price, if the minimum value of the range of market prices, defined in accordance with Chapter 14.3 of this Code, not taking into account the minimum ultimate price, exceeds this minimum ultimate price. Otherwise, as the range of market prices is recognised the range, the minimum value of which is equal to this minimum ultimate price, while the maximum price is assumed as equal to its maximum value, defined in conformity with Chapter 14.3 of the present Code.
If the maximum ultimate price is established, such price shall not be taken into account when defining the market price, if this maximum ultimate price exceeds the maximum value of the range of market prices, defined in conformity with Chapter 14.3 of this Code, not taking into account the said maximum ultimate price. Otherwise, as the range of market prices is recognised the range, whose maximum value is equal to this maximum ultimate price and whose minimum value is assumed as equal to its minimum value, defined in conformity with Chapter 14.3 of the present Code.
3. If both the minimum and the maximum ultimate prices are simultaneously established, such prices are not taken into account when determining the market price, if the minimum value of the range of market prices, defined in conformity with Chapter 14.3 of this Code, not taking into account the said minimum and maximum ultimate prices, exceeds this minimum ultimate price, while the established maximum ultimate price exceeds the maximum value of this range
of market prices. Otherwise, the minimum and (or) the maximum values of the range of market prices shall be corrected, respectively, in accordance with the procedure, envisaged in Item 2 of this Article.
4. If the minimum and (or) the maximum mark-ups to the prices or discounts from the prices are established, or if other restrictions are imposed upon the level of the profitability or of the profit, the range of market prices (the range of profitability), defined in conformity with Chapter 14.3 of this Code, are subject to correction in accordance with the procedure, similar to that envisaged in Items 2 and 3 of the present Article.
Article 105.5. Comparability of Commercial and (or) Financial Conditions of Transactions, and the Functional Analysis
1. For determining the incomes (profits and earnings) in transactions, the parties of which are interdependent persons, the federal executive power body, authorised to exert control and supervision in the area of taxes and fees, shall compare such transactions or the aggregates of such transactions for the purposes of application of the methods, stipulated in Article 105.7 of this Code (hereinafter in this Code referred to as an analysed transaction) with one or several transactions, whose parties are not interdependent persons (hereinafter referred to in this Code as compared transactions).
2. For the purposes of this Code, compared transactions are recognised as comparable with an analysed transaction, if they both are performed under similar commercial and (or) financial conditions with an analysed transaction.
3. If the commercial and (or) financial conditions of compared transactions differ from the commercial and (or) financial conditions of an analysed transaction, such transactions may be recognised as comparable with an analysed transaction, if distinctions between these conditions of an analysed transaction and of compared transactions do not exert an essential influence upon their results, or if such distinctions may be taken into account by applying for taxation purposes relevant corrections to the terms and (or) results of compared transactions or of an analysed transaction.
4. When determining comparability of transactions, and in order to make corrections of the transactions' commercial and (or) financial terms, an analysis of the following characteristics of an analysed transaction and of compared transactions shall be carried out, which may have an essential impact upon the commercial and (or) financial terms of transactions, whose parties are not the persons, recognised as interdependent:
1) characteristics of commodities (works and services), which are an object of a transaction;
2) characteristics of functions, fulfilled by the Parties of a transaction in conformity with the business turnover customs, including the characteristics of the assets, used by the parties of a transaction, and of the risks, assumed by them, as well as the distribution of responsibility between the parties of a transaction and the other terms of a transaction (hereinafter referred to in this Code as the functional analysis);
3) terms of agreements (contracts), concluded between the parties of a transaction, influencing the prices of commodities (works and services);
4) characteristics of the economic conditions for an activity of the parties of a transaction, including the characteristics of the corresponding markets of commodities (works and services), having an impact on the prices of commodities (works and services);
5) characteristics of the market (commercial) strategies of the parties of a transaction, exerting an influence on the prices of commodities (works and services).
5. Comparability of the commercial and (or) financial conditions of compared transactions with the conditions of an analysed transaction is determined, taking into account the following terms:
1) amount of commodities and volume of the performed works (of the rendered services); 2) time terms for fulfilling the liabilities of the transaction; 3) terms for the payments, applied in the corresponding transactions; 4) exchange rate of foreign currency, applied in a transaction, with respect to the rouble
or to another currency, and its changes; 5) other terms for the distribution of rights and duties between the Parties of a transaction
(on the ground of the results of the functional analysis). 6. When determining comparability of the commercial and (or) financial conditions of
compared transactions with those of an analysed transaction, the functions, fulfilled by the parties of a transaction, are recorded taking into account the material and the intangible assets at their disposal. For the purposes of this Chapter, as the assets are understood the resources (the property, including monetary funds, and the property rights, including intellectual rights), which the person possesses, uses or disposes of for the purposes of deriving an income. To the principal functions of the Parties of a transaction, taken into account when determining comparability of the commercial and (or) financial conditions of compared transactions with those of an analysed transaction, are referred, in particular:
1) carrying out the design of commodities and their technological development; 2) performance of the output of commodities; 3) carrying out the assembly of commodities or of their components; 4) performance of the assembly and (or) the installation of the equipment; 5) conducting the scientific research and the research and development works; 6) acquisition of material valuables; 7) carrying out the wholesale or the retail trade in commodities; 8) fulfilment of functions involved in the repairs and in the guaranteed servicing; 9) promotion of commodities (works and services) to new commodity markets, the
marketing and the advertising; 10) storage of commodities; 11) transportation of commodities; 12) insurance; 13) consulting and information servicing; 14) keeping accountancy records; 15) legal servicing; 16) provision with the personnel; 17) fulfilment of the agents' functions, and mediation; 18) financing and performance of financial operations; 19) ensuring the quality standard; 20) carrying out the strategical management, including defining the price policy, the
strategy for the output and for realising commodities (works and services), the volume of sales, the range of commodities (of the offered works and services), and their consumer properties, as well as an operative management;
21) training and raising the workers' qualifications; 22) organising the sales and (or) manufacture of commodities with attracting other
persons, disposing of the relevant capacities. 7. When determining comparability of the commercial and (or) financial conditions of
compared transactions with those of an analysed transaction, the following risks, assumed by each of the parties of the transaction at the performance of their activity and exerting an influence on the terms of the transaction, shall also be taken into account:
1) production risks, including the risk of incompletely loading the production capacities; 2) risk of a change in market prices for the acquired materials and for the put out
products as a result of a change in the economic situation, and the risk of a change in the other
market conditions; 3) risk of the devaluation of the stocks and of the loss by commodities of their standard
and of the other consumer properties; 4) risks, connected with the loss of the property or of the property rights; 5) risks of a change in the exchange rate of foreign currency with respect to the rouble or
to another currency, or in the interest rates, and the credit risks; 6) risk, connected with a lack of results in the scientific research and the research and
development works; 7) investment risks, connected with probable financial losses as a result of errors,
committed in making investments, including selection of objects for investing; 8) risk of inflicting damage upon the environment; 9) business (commercial) risks, connected with the performance of the strategical
management, including the price policy and the strategy for realising commodities (works and services);
10) risk of a lack of demand for the commodity (the risk for the stocks, or the warehouse risk);
8. When determining comparability of the commercial and (or) financial conditions of compared transactions with those of an analysed transaction, the characteristics of the markets of commodities (works and services) shall be taken into account, on which compared transactions and an analysed transaction are performed. In this case, distinctions in the characteristics of the markets of commodities (works and services), where compared transactions and an analysed transaction are performed, shall not exert an essential influence upon the commercial and (or) financial terms of transactions made on them, or the influence of the said distinctions may be eliminated by relevant corrections.
As the market of commodities (of works and services) is recognised the area of turnover of these commodities (works and services), defined proceeding from the possibility for the buyer (for the seller) to purchase (to realise) a commodity without essential additional outlays on the territory of the Russian Federation or of that beyond the Russian Federation, which it the nearest to the buyer (to the seller).
9. When determining comparability of characteristics of the markets of commodities (works and services), the following factors shall be taken into account:
1) geographical place of the markets' location and their size; 2) existence of competition on the markets and a relative competitive capacity of sellers
and buyers on the market; 3) existence of homogeneous commodities (works and services) on the market; 4) offer and demand on the market, as well as the consumers' purchasing capacity; 5) degree of the state interference into the market processes; 6) level of development of the production and transport infrastructure; 7) other characteristics of the market, having an impact upon the price of a transaction. 10. When determining comparability of the commercial and (or) financial conditions of
compared transactions with those of an analysed transaction, the commercial strategies of the Parties of comparable transactions and of an analysed transaction shall be taken into account, to which, in particular, are referred the strategies, directed at the renovation and improvement of the put out products and the emergence onto the new markets for the sales of these products.
11. If at determining comparability of the commercial and (or) financial conditions of transactions it is necessary to define comparability of the terms of a loan, of a credit agreement, of a contract of surety or of a bank guarantee, when comparing the terms of the said contracts into account shall also be taken the credit history and the purchasing capacity, respectively, of the receiver of a loan or of a credit, of the person, whose liabilities are provided for by a surety or by a bank guarantee, the character and the market cost of the provision for the execution of
the liability, as well as the time term, for which a loan or a credit is granted, the currency, which is the object of the contract of loan or of credit, the procedure for determining the interest rate (whether it is fixed or floating) and the other conditions, exerting an influence on the size of the interest rate (on the remuneration) under the corresponding contract.
12. Taking into account the terms of compared transactions in conformity with Item 4 of this Article, corrections for ensuring the necessary degree of comparability of the terms of compared transactions with those of an analysed transaction shall be effected by the federal executive power body, authorised to exert control and supervision in the area of taxes and fees, on the ground of the following principles:
1) incomes (the profit and the earnings) of the parties of a transaction, which is not a controlled one, shall be formed taking into account the used assets and assumed economic (commercial) risks under the economic conditions, existing on the market of commodities (works and services), and shall reflect the functions, fulfilled by each Party of the transaction in accordance with the contract terms and with the business turnover customs;
2) fulfilment of additional functions, the use of the assets, exerting an essential influence on the size of incomes (of the profit and the earnings), and taking additional commercial (economic) risks by the Parties of the transaction in accordance with the market (commercial) strategy under the other equal conditions, shall be accompanied by a rise in the expected incomes (the profit and the earnings) from such transaction.
Article 105.6. Information, Used When Comparing the Terms of Transactions Between Interdependent Persons with Those Between Persons, Who Are Not Interdependent
1. When exerting the tax control in connection with the performance of transactions, whose Parties are interdependent persons (including at comparing the commercial and (or) financial conditions of an analysed transaction with the commercial and (or) financial conditions of comparable transactions), the federal executive power body, authorised to exert control and supervision in the area of taxes and fees, shall use the following information:
1) information on the prices and the quotations of Russian and foreign exchanges; 2) customs statistics of the external trade of the Russian Federation, published or
presented at an inquiry by the federal executive power body, authorised in the area of the customs business;
3) information on the prices (on the ultimate margins of price fluctuations) and on the exchange quotations, contained in the official information sources of the authorised state power bodies and of local self-government bodies in conformity with the legislation of the Russian Federation, with the legislation of the subjects of the Russian Federation and with municipal legal acts (in particular, in the area of regulating the price formation and the statistics), in the official information sources of foreign states or of international organisations, or in the other published and (or) generally available editions, and in the information systems;
4) data of the price-information agencies; 5) information on transactions, performed by the taxpayer. 2. If information, referred to in Item 1 of this Article, is absent (or insufficient), the federal
executive power body, authorised to exert control and supervision in the area of taxes and fees, shall use the following information:
1) information on the prices (on the scope of price vacillations) and on the quotations, contained in the published and (or) in the generally available editions, and in the information systems;
2) information, obtained from the accountancy and statistical reports of organisations, including the above-said information, published in the generally available Russian or foreign editions and (or) contained in the generally available information systems, as well as on the
official sites of Russian and foreign organisations. Information, obtained from the accountancy reports of foreign organisations, may be
used for determining the range of profitability for Russian organisations (for foreign organisations, whose activity on the territory of the Russian Federation leads to setting up a permanent representation), only if it is impossible to calculate such range of profitability on the basis of data from the accountancy reports of Russian organisations, which performed comparable transactions;
3) information on the market cost of the objects of estimation, defined in conformity with the legislation of the Russian Federation or of foreign states on the assessment activity;
4) other information, used in conformity with Chapter 14.3 of the present Code. 3. For comparing for taxation purposes the terms of transactions made between
interdependent persons with the terms of transactions between the persons, who are not interconnected, it is inadmissible to use information, comprising a tax secret, as well as the other information, an access to which is restricted in conformity with the legislation of the Russian Federation.
The restriction, imposed in this Item, is not to be spread to information on the taxpayer, with respect to whom a check is conducted by the federal executive power body, authorised to exert control and supervision in the area of taxes and fees, as concerns the fullness of the calculation and payment of taxes in connection with the performance of transactions between interdependent persons.
4. When comparing for taxation purposes the terms of transactions, made between interdependent persons, with the terms of transactions, made between the persons, who are not interdependent, the generally available information sources, as well as information on the taxpayer shall be exclusively used.
5. When comparing for taxation purposes the terms of transactions made between interdependent persons with the terms of transactions between the persons, who are not interdependent, as well as when preparing and presenting the documentation in accordance with Article 105.15 of the present Code, the tax payer has the right to use, in addition to information on his own activity, any generally available information sources.
6. If, when conducting a check of the fullness of the calculation and payment of taxes in connection with the performance of transactions between interdependent persons, the federal executive power body, authorised to exert control and supervision in the area of taxes and fees, disposes of information on comparable transactions, made by the taxpayer with respect to whom such check is conducted, and the other parties of which are the persons, who are not recognised as interdependent with the above-said taxpayer, then, when comparing such transactions with an analysed transaction, the federal executive power body, authorised to exert control and supervision in the area of taxes and fees, has no right to use other information for determining the range of market prices.
Chapter 14.3. Methods, Used at Determining for Taxation Purposes the Incomes (Profits and Earnings) from Transactions, Whose Parties Are Interdependent Persons
Article 105.7. General Provisions on Methods, Used at Determining for Taxation Purposes the Incomes (Profits or Earnings) in Transactions, Whose Parties Are Interdependent Persons
1. When exerting the tax control in connection with the performance of transactions between interdependent persons (including when comparing the commercial and /or/ financial terms of an analysed transaction and its results against the commercial and /or/ financial terms of comparable transactions and against their results), the federal executive power body,
authorised to exert control and supervision in the area of taxes and fees, shall apply, in accordance with the procedure, established in this Chapter, the following methods:
1) method of comparable market prices; 2) method of the price of the subsequent realisation; 3) method of expenditures; 4) method of comparable profitability; 5) method of distributing the profit. 2. It is admissible to use combinations of two or more methods, envisaged in Item 1 of
this Article. 3. The method of comparable market prices is a priority one in determining for taxation
purposes correspondence of the prices, applied in transactions, to the market prices, unless otherwise stipulated in Item 2 of Article 105.10 of this Code. The application of other methods, indicated in Subitems 2-5 of Item 1 of this Article, is admissible, if the application of the method of comparable market prices is impossible, or if its application does not make it possible to make for taxation purposes a substantiated conclusion on correspondence or non- correspondence of the prices, applied in transactions, to the market prices.
The method of comparable market prices is applied for determining correspondence of the price, applied in a controlled transaction, to the market price, in accordance with the procedure established in Article 105.9 of this Code, if on the corresponding market of commodities (works and services) there is if even only one comparable transaction, whose object are identical (if such are absent - homogeneous) commodities (works or services), as well as if there is sufficient information on such transaction.
For the application of the method of comparable market prices in order to determine correspondence of the price, applied by the taxpayer in a controlled transaction, as a comparable transaction may be used the transaction, performed by the indicated taxpayer with the persons, who are not interdependent with this taxpayer, under the condition that such transaction is comparable with an analysed transaction.
4. If there is no generally available information on the prices in comparable transactions with identical (homogeneous) commodities (works and services), for the purposes of determining the fullness of the calculation and payment of taxes in connection with the performance of transactions between interdependent persons, one of the methods, mentioned in Subitems 2-5 of Item 1 of this Articles, shall be applied.
Unless otherwise envisaged in this Chapter, that method shall be applied, which permits, taking into account the actual circumstances and conditions of a controlled transaction, to draw the most substantiated conclusion on the correspondence or non-correspondence of the price, applied in a transaction, to market prices.
5. The methods, indicated in Subitems 2-5 of Item 1 of this Article, may also be applied when determining for taxation purposes the incomes (profits and earnings) for a group of homogeneous transactions, whose Parties are interdependent persons.
As homogeneous transactions for the purposes of Chapter 14.2 of this Code and of Chapters 14.4 - 14.6 of this Code are recognised transactions, whose object may be identical (homogeneous) commodities (works and services) and which are performed under comparable commercial and (or) financial conditions.
6. When selecting the method to be applied for determining for taxation purposes the incomes (profits and earnings) in transactions, whose Parties are interdependent persons, the fullness and authenticity of the initial data shall be taken into account, as well as the substantiation of the corrections, made for ensuring comparability of compared transactions with an analysed transaction.
7. For the purposes of applying the methods, stipulated in Item 1 of this Article, in addition to information on particular transactions may be used generally available information on
the formed market prices level and (or) on the exchange quotations, as well as the data from the price -information agencies on prices (on the range of prices) for identical (homogeneous) commodities (works and services) on the corresponding markets of the said commodities (works and services). The use of the sources of information on the market prices for the purposes of applying the methods, envisaged in Item 1 of this Article, is admissible under the condition of ensuring comparability of transactions, the data on which are contained in these information sources, with an analysed transaction.
8. For the purposes of application of the methods, mentioned in Subitems 2 and 3 of Item 1 of this Article, the data from the accountancy reports, on whose basis the range of profitability is calculated, shall be put into a comparable form, ensuring that an impact of deviations in the procedure for recording the outlays on profitability indices, calculated in conformity with the methods, mentioned in Subitems 2 and 3 of Item 1 of this Article, is inessential.
If it is impossible to ensure comparability of data from the accountancy reports for the purposes of calculating the range of profitability and of determining for taxation purposes the incomes (profits and earnings), in transactions, whose Parties are interdependent persons, the methods shall be applied, referred to in Subitems 4 and 5 of Item 1 of this Article.
9. If the methods, indicated in Item 1 of this Article, do not permit to determine if the price of a commodity (work or service), applied in a single transaction, corresponds to the market price, correspondence of the price, applied in such transaction, to the market price may be defined, proceeding from the market cost of the object of the transaction, established as a result of an independent assessment in accordance with the legislation of the Russian Federation or of foreign states on the assessment activity.
In this case under a single transaction for the purposes of this Article is implied a transaction, the economic substance of which differs from the organisation's principal activity and which is performed on the single-time basis.
10. The methods, pointed out in Subitems 4 and 5 of Item 1 of the present Article, may be applied without directly calculating the values of market prices. If these methods are applied, the federal executive power body, authorised to exert control and supervision in the area of taxes and fees, shall compare the financial indices (results) of an analysed transaction (of a group of homogeneous analysed transactions) with the range of profitability (with the financial indices, calculated on the ground of the range of profitability) for comparable transactions, on the ground of which it shall calculate the sum of incomes (profit and earnings), which would have been derived, if the parties of the given transaction were the persons, not recognised as interdependent.
11. The court may take into account other circumstances of importance for determining correspondence of the price, applied in a transaction, to the market price, without restrictions, stipulated in Chapter 14.2 of this Code.
12. As they make transactions, the taxpayers are not obliged to rely on the methods, pointed out in Item 1 of this Article, for substantiating their policy in the area of price formation for any purposes, not stipulated in this Code.
Article 105.8. Financial Indices and the Range of Profitability 1. When determining for taxation purposes the incomes (profit and earnings) in
transactions, the parties of which are interdependent persons, the following profitability indices may be used in accordance with the procedure, stipulated in Articles 105.10-105.13 of this Code:
1) gross profitability, defined as the ratio of the gross profit to the earnings from the sales, calculated while not taking into account the excises and the value added tax;
2) gross profitability of expenditures, defined as the ratio of the gross profit to the prime
cost of the sold commodities (works and services); 3) profitability of the sales, defined as the ratio of the profit from the sales to the earnings
from the sales, calculated not taking into account the excises and the value added tax; 4) profitability of expenditures, defined as the ratio of the profit from the sales to the sum
of the prime cost of the sold commodities (works and services) and of the commercial and managerial expenditures, connected with selling commodities (works and services);
5) profitability of the commercial and managerial outlays, defined as the ratio of the gross profit to commercial and managerial outlays, connected with the sale of commodities (works and services);
6) profitability of the assets, defined as the ratio of the profit from the sales to the current market cost of the assets (non-working and working assets), directly or indirectly used in an analysed transaction. If there is no necessary information on the current market cost of the assets, profitability of the assets may be defined on the ground of data from the accountancy reports.
2. Indices, mentioned in Item 1 of this Article, and the other financial indices are defined for the purposes of this Chapter for Russian organisations on the ground of data from the accountancy reports, compiled in conformity with the legislation of the Russian Federation on the accountancy recording.
The said financial indices for foreign organisations shall be defined on the ground of data from the accountancy reports, compiled in conformity with the legislation of foreign states. To ensure comparability with the data of the accountancy reports, compiled in conformity with the legislation of the Russian Federation on the accountancy recording, these data shall be corrected.
3. When determining the range of profitability, the values of profitability, defined in accordance with the results of at least four comparable transactions, are used, including those made by the taxpayer under the condition that these transactions have been made with the persons, not interdependent with the taxpayer, or on the ground of data from the accountancy reports of at least four comparable organisations.
The above-said organisations shall be selected, taking into account their departmental specifics and the corresponding kinds of activity they carry out under the economic (commercial) conditions, comparable with those of an analysed transaction.
If in the branch, to which the person - a party of an analysed transaction, belongs, there are no organisations, not interdependent with the said person, the organisations for carrying out an analysis shall be selected taking into account the functions, fulfilled by these organisations, the risks they have assumed and the assets they use.
In an absence of information on four and more comparable transactions, or in an absence of information of the accountancy reports of four and more comparable organisations, for determining the range of profitability may be used information on a smaller number of comparable transactions (of the accountancy reports of a smaller number of organisations).
4. For the purposes of application of methods, indicated in Subitems 2-4 of Item 1 of Article 105.7 of this Code, the minimum and the maximum values of the range of profitability shall be defined, calculated as follows:
1) an aggregate of the profitability values, used for determining the range of profitability, shall be arranged in the order of growth, thus forming a sample to be used for determining this range. To each profitability value, beginning with the minimum one, shall be awarded an ordinal number. If the sample contains two and more similar profitability values, all such values shall be included into the sample. When determining the range of profitability, the profitability value of an analysed transaction is not taken into account;
2) the minimum value of the range of profitability is determined in the following procedure:
- if the quotient for division by four of the number of profitability values in the sample, formed in accordance with Subitem 1 of this Item, is a whole number, as the minimum value of the range of profitability is recognised an average arithmetical of the profitability value, bearing in the sample an ordinal number, equal to this whole number, and of the profitability value under the next ordinal number in this sample;
- if the quotient from division by four of the number of profitability values in the sample, formed in accordance with Subitem 1 of this Item, is not a whole number, as the minimum value of the range of profitability is recognised the profitability value, having in the sample an ordinal number, equal to the whole part of this fractional number, increased by a unit;
3) the maximum value of the range of profitability is defined in the following procedure: - if the product of multiplying 0.75 by the figures of the profitability values in the sample,
formed in accordance with Subitem 1 of this Item, is a whole number, as the maximum value of the range of profitability is recognised an average arithmetical of the profitability value, having in the sample an ordinal number, equal to this whole number, and of the profitability value, having in this sample an ordinal number, next in the order of growth;
- if the product of multiplying 0.75 by the number of the profitability values in the sample, formed in accordance with Subitem 1 of this Item, is not a whole number, as the maximum value of the range of profitability is recognised the profitability value, having in the sample an ordinal number, equal to the whole part of this fractional number, increased by a unit.
5. The calculation of profitability by the results of an activity, performed under comparable economic (commercial) conditions, on the ground of data from an organisation's accountancy reports, may be made with simultaneously observing the following conditions:
1) if an organisation performs a comparable activity and fulfils comparable functions, involved in this activity. Comparability of the activity may be defined with an account of the kinds of economic activity, envisaged in the All-Russia Classifier of the Kinds of Economic Activity, as well as in the international and in the other classifiers;
2) if the aggregate value of an organisation's net assets is not negative according to the data from the accountancy reports as in the state on December 31 of the last year out of several years, for which the profitability is calculated;
3) if an organisation has sustained no losses from the sales in accordance with the data from the accountancy reports over longer than one year out of several years, for which the profitability is calculated;
4) if an organisation does not take part, directly and (or) indirectly, in another organisation with a share of such participation of over 25 percent (with the exception of the cases, when information on the consolidated financial reports of the organisations, used for the calculation of the range of profitability, is available), or if it has as a partner (shareholder) an organisation with a share of direct participation of over 25 percent.
6. If as a result of application of the conditions, mentioned in Item 5 of this Article, less than four organisations are left, the criteria for the share of participation, named in Subitem 4 of Item 5 of this Article, may be raised from 25 to 50 percent.
7. At the calculation of the range of profitability shall be used information, obtained as in the state at the moment of performance of a controlled transaction, but not later than on December 31 of the calendar year, in which the controlled transaction was made, or the data from the accountancy reports for three calendar years, directly preceding the calendar year, in which an analysed transaction was made (or the calendar year, in which the prices in an analysed transaction were fixed).
To the above-said information is referred the taxpayer's information on transactions he has performed with the persons, who are not interdependent with him.
8. To ensure comparability when determining the range of the market profitability on the ground of data from the accountancy reports of comparable organisations, the profitability
indices may be corrected for the correction of distinctions in the indices of the debtor and the creditor indebtedness, and of the commodity and material stocks in accordance with data from the accountancy reports of the taxpayer and of the organisations, the data from whose accountancy reports are used for determining the range of profitability.
Article 105.9. Method of Comparable Market Prices 1. The method of comparable market prices is the method for determining
correspondence of the price of commodities (works and services) in an analysed transaction to the market price on the ground of comparing the price, applied in an analysed transaction, with the range of market prices, defined in accordance with the procedure, stipulated in Items 2-6 of this Article.
2. If there is information on only one comparable transaction, whose object are identical (if such are absent - homogeneous) commodities (works and services), the price of the said transaction may be recognised simultaneously as the minimum and the maximum values of the range of market prices, only if the commercial and (or) financial conditions of an analysed transaction are fully comparable with the commercial and (or) financial conditions of an analysed transaction (or if the full comparability of such conditions is ensured with the assistance of relevant corrections), as well as under the condition that the seller of the products (works and services) in a comparable transaction does not occupy the dominant position on the market of these identical (in an absence of such - homogeneous) commodities (works and services). In this case, an assessment of the dominating position is made taking into account provisions of Federal Law No. 135-FZ of July 26, 2006 on the Protection of Competition, or taking into account provisions of the corresponding legislation of foreign states.
3. If there is information on several comparable transactions (including on those performed by the taxpayer, under the condition that the indicated transactions have been made with the persons, who are not interdependent with the taxpayer), whose object are identical (if such are absent - homogeneous) commodities (works and services), the range of market prices is determined in accordance with the following procedure:
1) an aggregate of prices, applied in comparable transactions, used for determining the range of profitability, shall be arranged in the order of growth, thus forming a sample used for determining this range. To each price value, beginning with the minimum one, shall be awarded an ordinal number. If the sample contains two and more similar profitability values, all such values shall be included into the sample. When determining the range of market prices, the price, applied in an analysed transaction, shall not be taken into account. If the number of comparable transactions, performed by the taxpayer, whose Parties are not interdependent persons, is sufficient, when determining the range of market prices, information on the other transactions shall not be taken into account;
2) the minimum value of the range of market prices shall be determined in the following procedure:
- if the quotient from division by four of the number of prices in the sample, formed in accordance with Subitem 1 of this Item, is a whole number, as the minimum value of the range of market prices is recognised an average arithmetical of the price value, holding in the sample an ordinal number, equal to this whole number, and of the price value, holding the next ordinal number in the order of growth in this sample;
- if the quotient from division by four of the number of price values in the sample, formed in accordance with Subitem 1 of this Item, is not a whole number, as the minimum value of the range of market prices is recognised the price value, holding in the sample an ordinal number, equal to the whole part of this fractional number, increased by a unit;
3) the maximum value of the range of market prices is defined in the following procedure: - if the product of multiplying 0.75 by the figures of the price values in the sample, formed
in accordance with Subitem 1 of this Item, is a whole number, as the maximum value of the range of market prices is recognised an average arithmetical of the price value, holding in the sample an ordinal number, equal to this whole number, and of the price value, holding in this sample an ordinal number, next in the order of growth;
- if the product of multiplying 0.75 by the figures of the price values in the sample, formed in accordance with Subitem 1 of this Item, is not a whole number, as the maximum value of the range of market prices is recognised the price value, holding in the sample an ordinal number, equal to the whole part of this fractional number, increased by a unit.
4. The range of market prices is defined on the basis of the existing information on prices, applied in the course of an analysed period, or of information supplied as on the date, closest to the performance of the controlled transaction.
5. At an application of exchange quotations, the range of market prices is defined on the basis of the prices of transactions, whose object are identical (homogeneous) commodities, registered by the corresponding exchange, on the ground of information, published or obtained at an inquiry from the corresponding exchange. As the range of market prices is recognised the interval between the minimum and the maximum price of the transactions, registered by the exchange as on the date of their performance. When determining the range of market prices on the ground of exchange quotations, it is admissible to take into account distinctions in the economic (commercial) conditions of the transactions, for which, it is admissible, in particular, to make corrections, which will take into account distinctions in the following economic (commercial) conditions:
1) the outlays, substantiated and confirmed documentally and (or) by the information sources, which are necessary for the delivery of commodities (works and services) to the corresponding market;
2) the outlays on the payment of export customs duties; 3) the terms of the payment; 4) the commission (the agent's) remuneration of a trade broker (of a commissioner or an
agent) for his fulfilment of trade and mediation functions. 6. When using data from the price-information agencies on the prices (on the ranges of
prices) for identical (homogeneous) commodities (works and services) for the purposes of application of the method of comparable market prices in conformity with Item 7 of Article 105.7 of this Code, as the minimum and the maximum values of the range of market prices may be recognised, respectively, the minimum and the maximum values of prices on the transactions, performed in a similar period of time under comparable conditions.
7. If the price, applied in an analysed transaction, lies within the range of market prices, defined in conformity with the provisions of the present Article, for taxation purposes it is recognised that such price corresponds to the market price.
If the price, applied in an analysed transaction, is less than the minimum value in the range of market prices, defined in conformity with the provisions of this Article, for taxation purposes is assumed the price, corresponding to the minimum value in the range of market prices.
If the price, applied in an analysed transaction, exceeds the maximum value in the range of market prices, defined in conformity with the provisions of this Article, for taxation purposes shall be assumed the price, corresponding to the maximum value in the range of market prices.
The minimum or the maximum values in the range of market prices are applied for taxation purposes in accordance with this Item under the condition that this does not lead to a reduction of the sum of the tax, subject to payment into the budgetary system of the Russian Federation.
Article 105.10. Method of the Price of Subsequent Realisation
1. The method of the price of subsequent realisation is the method for determining correspondence of the price in an analysed transaction to the market price on the ground of comparing the gross profitability, obtained by the person, who has performed an analysed transaction at the subsequent realisation (resale) by him of the commodity he has acquired in this analysed transaction (in a group of homogeneous transactions), with the market range of the gross profitability, defined in accordance with the procedure, stipulated in Article 105.8 of this Code.
2. The use of the method of the price of subsequent realisation is preferable as compared with the other methods for determining correspondence to market prices of the prices, at which the commodity is acquired within the framework of an analysed transaction and is resold without any processing within the framework of a transaction, whose parties are the persons, not recognised as interdependent. This method is used, if the person, carrying out the resale, does not possess any objects of intangible assets, exerting an essential impact upon the level of his gross profitability. The method of the price of subsequent realisation may also be applied in the cases, when the following operations are performed at the resale of the commodity:
1) preparation of the commodity to the resale and to the transportation (arrangement of commodities into lots, making dispatches, sorting out and repacking);
2) mixing commodities, if the characteristics of the end products (of semi-finished products) do not essentially differ from the characteristics of mixed commodities.
3. If the subsequent realisation of the commodity in transactions, made under comparable commercial and (or) financial conditions between the person, carrying out the resale, and the persons (the person) who are (is) not his interdependent persons (person), is effected at different prices, as the price of subsequent realisation of the commodity when determining the range of profitability is used an average-weighted price of this commodity in all such transactions.
4. If the gross profitability of the person, effecting the resale, lies within the scope of the range of profitability, defined in the procedure stipulated in Article 105.8 of this Code, for taxation purposes it shall be recognised that the price, at which the commodity was acquired in the controlled transaction, corresponds to the market price.
5. If the gross profitability of the person, effecting the resale, is less than the minimum value in the range of profitability, defined in the procedure stipulated in Article 105.8 of this Code, for taxation purposes shall be assumed the price, applied in the controlled transaction, which is defined proceeding from the actual price at the subsequent realisation of the commodity and from the gross profitability, corresponding to the minimum value in the range of profitability.
If the gross profitability of the person, effecting the resale, exceeds the maximum value of the range of profitability, defined in the procedure stipulated in Article 105.8 of this Code, for taxation purposes shall be assumed the price, applied in the controlled transaction, which is defined proceeding from the actual price at the subsequent realisation of the commodity and from the gross profitability, corresponding to the maximum value in the range of profitability.
6. For the purposes of application of the method of the price of subsequent realisation, it is admissible to use data from the price-information agencies on the prices (on the price ranges) for identical (homogeneous) commodities (works and services), and to define the range of market prices for identical (homogeneous) commodities (works and services) for the purposes of applying the said method in accordance with the procedure, stipulated in Item 6 of Article 105.9 of this Code.
7. Application for taxation purposes of the minimum or the maximum value of the range of profitability in accordance with Item 5 of the present Article is effected under the condition that this does not lead to a reduction of the sum of the tax, subject to payment into the
budgetary system of the Russian Federation.
Article 105.11. Method of Expenditures 1. The method of expenditures (the expenditures method) is a method for determining
correspondence of the price in an analysed transaction to the market price on the ground of comparing the gross profitability of expenditures of the person, who is a party in an analysed transaction (in a group of analysed homogeneous transactions), with the market range of the gross profitability of expenditures in comparable transactions, defined in accordance with the procedure, stipulated in Article 105.8 of this Code.
2. The expenditures method may be applied, in particular, in the following cases: 1) at the performance of works (at rendering services) by the persons, who are
interdependent with the seller (with the exception of the cases, when at the performance of works (at rendering services) intangible assets are used, exerting an essential influence upon the level of profitability of the seller's expenditures);
2) at rendering services in the management of monetary funds, including trade operations on the securities market and (or) on the currency market;
3) at rendering services, involved in fulfilling the functions of a one-man executive body of an organisation;
4) at selling raw materials or semi-finished commodities to the persons, who are interdependent with the seller;
5) at realising commodities (works and services) under long-term contracts between interdependent persons.
3. If the gross profitability of expenditures of the seller, who is a party in an analysed transaction, on an indicated transaction lies within the range of profitability, defined in accordance with the procedure, stipulated in Article 105.8 of this Code, it is recognised for taxation purposes that the price, applied in an analysed transaction, corresponds to market prices.
4. If the gross profitability of the seller's expenditures is less than the minimum value in the range of profitability, defined in the procedure stipulated in Article 105.8 of this Code, for taxation purposes shall be taken the price, applied in an analysed transaction and defined proceeding from the actual prime cost of the realised commodities (works and services) and from the gross profitability of expenditures, which corresponds to the minimum value in the range of profitability.
If the gross profitability of the seller's expenditures exceeds the maximum value of the range of profitability, defined in the procedure stipulated in Article 105.8 of this Code, for taxation purposes shall be taken the price, applied in an analysed transaction and defined proceeding from the actual prime cost of the realised commodities (works and services), and from the gross profitability of expenditures, which corresponds to the maximum value in the range of profitability.
5. For the purposes of application of the expenditures method it is admissible to use data from the price-information agencies on prices (on the price ranges) for identical (homogeneous) commodities (works and services) and to define the range of the market price for identical (homogeneous) commodities (works and services) for the purpose of applying the said method in accordance with the procedure, envisaged in Item 6 of Article 105.9 of this Code.
6. The minimum or the maximum value in the range of profitability is applied for taxation purposes in accordance with Item 4 of this Article, under the condition that this does not lead to a reduction of the sum of the tax, subject to payment into the budgetary system of the Russian Federation.
Article 105.12. Method of Comparable Profitability
1. The method of comparable profitability amounts to comparing the operational profitability, formed at the person, who is a party in an analysed transaction, with the market range of operational profitability in comparable transactions, defined in accordance with the procedure, stipulated in Article 105.8 of this Code.
2. The method of comparable profitability may be applied, in particular, in the case of an absence or insufficiency of information, on whose ground the conclusion may be drawn on the existence of the necessary degree of comparability of the commercial and (or) financial conditions of comparable transactions, and the methods may be used, indicated in Subitems 2 and 3 of Item 1 of Article 105.7 of this Code.
3. For the purposes of this Article, the following indices of operational profitability, defined in conformity with Item 1 of Article 105.8 of this Code, may be used:
1) profitability of the sales; 2) profitability of the expenditures; 3) profitability of the commercial and of the managerial outlays; 4) profitability of the assets; 5) another index of profitability, which reflects the existing interconnection between the
fulfilled functions, the used assets and the assumed economic (commercial) risks and the level of remuneration.
4. When selecting a particular index of profitability, account shall be taken of the kind of activity, performed by the person, who is a party in an analysed transaction, the functions he fulfils and the assets he uses, as well as the assumed economic (commercial) risks and the fullness, authenticity and comparability of data, used for the calculation of the corresponding profitability, and the economic substantiation of such index.
5. For the purposes of applying this Article, profitability indices shall be used, while taking account of the following specifics:
1) profitability of the sales is used at the subsequent resale of commodities, acquired from the persons, who are interdependent with the person, effecting the resale, to persons, who are not interdependent with him, as well as at the subsequent resale of commodities, acquired from the persons, who are not interdependent with the person, carrying out the resale, to the persons, who are interdependent with him;
2) gross profitability of the commercial and managerial expenditures shall be used in the cases, mentioned in Subitem 1 of this Item, if the person, carrying out the resale, incurs insignificant economic (commercial) risks at the acquisition and at the subsequent resale of commodities within a short period, while there is direct interconnection between the size of the gross profit from the sales of the person, carrying out the resale, and the size of commercial and managerial expenditures he has made;
3) profitability of the expenditures is used at the performance of works and at rendering services, as well as at the manufacture of commodities;
4) profitability of the assets is used at the manufacture of commodities (in particular, if analysed transactions are performed by the persons, engaged in a capital-intensive activity).
6. At the use of the method of comparable profitability, against the market range of profitability is compared the profitability of that Party of an analysed transaction, which meets the following demands:
1) the Party of an analysed transaction fulfils the functions, whose contribution into the derived profit from the transactions, consecutively performed with one and the same commodity, is less than the contribution of the other Party of an analysed transaction;
2) the Party of an analysed transaction assumes smaller economic (commercial) risks than the other Party of an analysed transaction;
3) the Party of an analysed transaction does not possess the objects of intangible assets, exerting an essential impact upon the profitability level.
7. If the Party of an analysed transaction does not meet demands, envisaged in Subitems 1-3 of Item 6 of this Article, for comparing with the market range of profitability shall be selected that Party of an analysed transaction, which satisfies the above-said demands to the highest degree.
8. If the profitability in a controlled transaction lies within the range of profitability, defined in accordance with the procedure envisaged in Article 105.8 of this Code, it shall be recognised for taxation purposes that the price, applied in this transaction, corresponds to market prices.
9. If the profitability of a controlled transaction is less than the minimum value of the range of profitability, defined in accordance with the procedure stipulated in Article 105.8 of this Code, for taxation purposes into account shall be taken the minimum value of the range of profitability.
If the profitability exceeds the maximum value of the range of profitability, defined in accordance with the procedure stipulated in Article 105.8 of this Code, for taxation purposes into account shall be taken the maximum value of the range of profitability.
On the ground of the minimum or the maximum value of the range of profitability, taken into account in conformity with this Item, the correction of the profit (of the income or of the earnings) on a controlled transaction shall be carried out for taxation purposes.
10. The minimum or the maximum value in the range of profitability shall be applied for taxation purposes in accordance with Item 9 of the present Article under the condition that this does not lead to a reduction of the sum of the tax, subject to payment into the budgetary system of the Russian Federation.
Article 105.13. Method of Distributing the Profit 1. The method of distributing the profit consists in comparing the actual distribution
between the parties in a transaction of the aggregate profit, derived by all parties of this transaction, with distribution of the profit between the parties in comparable transactions.
2. If the parties in an analysed transaction (in a group of homogeneous analysed transactions) are simultaneously the parties of homogeneous transactions with participation of their interdependent persons, and if prices in homogeneous transactions are estimated for taxation purposes in an aggregate with an analysed transaction, the aggregate profit from an analysed transaction and from the above-said homogeneous transactions shall be for taxation purposes distributed in accordance with the procedure, similar to that of distributing the profit from an analysed transaction.
3. If organisations, whose aggregate profit is subject to distribution while taking into account provisions of this Article, keep accountancy records, based on different rules for the accountancy recording, such accountancy reports shall be adjusted for the purposes of applying the method of distributing the profit to the uniform rules for the accountancy recording.
4. The method of distributing the profit may be applied, in particular, in the following cases:
1) if it is impossible to apply methods, stipulated in Subitems 1-4 of Item 1 of Article 105.7 of this Code, and if there is an essential interconnection of an activity, performed by the parties of an analysed transaction (of a group of homogeneous analysed transactions);
2) if the parties of an analysed transaction have in their ownership (in their use) the rights to the objects of intangible assets, exerting an essential influence on the profitability level (in an absence of homogeneous transactions, whose object are the objects of intangible assets, made with persons, who are not interdependent).
5. Distribution between the parties of an analysed transaction of the sum of the profit (of the loss) from an analysed transaction is carried out for the purposes of ensuring application of Item 1 of Article 105.3 of the present Code. Selection of the principles for the distribution of the profit depends on the circumstances of an analysed transaction (of a group of homogeneous
analysed transactions) and shall lead to the distribution of the profit, derived from an analysed transaction, corresponding to the distribution of the profit between the persons, performing a similar activity under comparable commercial and (or) financial conditions. In this case distribution of the profit between the parties of an analysed transaction (of a group of homogeneous analysed transactions) in conformity with the method of distributing the profit shall be carried out on the ground of an estimate of the contribution of the parties of an analysed transaction (of a group of homogeneous analysed transactions) into the aggregate profit from an analysed transaction (from a group of homogeneous analysed transactions) in conformity with the following criteria or with the combinations thereof:
1) proportionately to the contribution into an aggregate profit from an analysed transaction of functions, fulfilled by the parties of an analysed transaction, of the assets, used by them, and of the economic (commercial) risks, assumed by them;
2) proportionately to the distribution between the parties of an analysed transaction of the profitability, received on the contributed capital, used in an analysed transaction;
3) proportionately to the distribution of the profit between the parties of a comparable transaction.
6. At an application of the method of distributing the profit between the parties of an analysed transaction, the aggregate profit or the residual profit of all parties of such transactions shall be distributed.
7. For the purposes of this Article, as an aggregate profit of all parties of an analysed transaction is recognised the sum of an operational profit of all parties of an analysed transaction for the analysed period.
8. For the purposes of this Article, the residual profit (loss) shall be defined in the following procedure:
1) on the ground of methods, indicated in Subitems 1-4 of Item 105.7 of this Code, for every person, who is a party of an analysed transaction (of a group of homogeneous analysed transactions), the estimate profit /loss/ for this party is calculated on the ground of the market price range, taking into account the functions, fulfilled by this person, the assets, used by him, and the economic and commercial risks, assumed by him;
2) the residual profit (loss) from an analysed transaction shall be defined as the difference between the aggregate profit (loss), derived from an analysed transaction, and the sum of the estimate profit (loss) from the sales for all parties of an analysed transaction.
9. If the residual profit (loss) of all parties of this transaction is distributed between the parties of an analysed transaction, the total value of the profit (loss) of every person, who is a party of an analysed transaction (of a group of homogeneous analysed transactions), shall be defined by summing up the corresponding estimate profit (loss) and the residual profit (loss).
10. For distributing the aggregate or the residual profit (loss) of all parties of an analysed transaction between the persons, who are the parties of such transaction, the following indices shall be taken into account:
1) the size of the outlays, made by the person, who is a party of an analysed transaction, on the creation of intangible assets, whose use exerts an impact on the size of the actually derived profit (incurred loss) from an analysed transaction;
2) the characteristic of the personnel, employed by the person, who is a party of an analysed transaction, including its number and qualifications (the time, spent by the personnel, and the size of the outlays on the remuneration of its labour), exerting an influence on the size of the actually derived profit (loss) from an analysed transaction;
3) the market cost of the assets in the use (at the disposal) of the person, who is a party of an analysed transaction, the use of which exerts an influence on the size of the actually derived profit (loss) from an analysed transaction;
4) other indices, reflecting interconnection between the fulfilled functions, the used assets
and the assumed economic (commercial) risks, and the size of the actually derived profit (loss) from an analysed transaction.
11. Distribution of the profit between the parties of an analysed transaction (of a group of homogeneous analysed transactions) in conformity with the criterion, envisaged in Subitem 3 of Item 5 of this Article, is effected if there is information on the distribution of the sum of the profit (loss) from the sales in homogeneous transactions, made between the persons, who are not interdependent. The application of the procedure for distributing the profit (loss) from an analysed transaction, stipulated in the present Item, is admissible if the following conditions are observed at the same time:
1) the data of the accountancy records of the parties of an analysed transaction shall be comparable with the data of the accountancy records of the parties of comparable transactions or shall be adjusted to a comparable kind by making necessary corrections;
2) the aggregate profitability of the assets of the parties of an analysed transaction shall not essentially differ from the aggregate profitability of the assets of the parties of comparable transactions, or shall be adjusted to a comparable kind by making necessary corrections.
12. If the profit, derived by a party of an analysed transaction, is equal to the profit, calculated for this party in conformity with the method of distributing the profit or exceeds it, or if the loss, sustained by the said party, is equal to the loss, calculated for this party in accordance with the method for distributing the profit or is smaller, for taxation purposes shall be assumed, respectively, either an actually derived profit or an actually incurred loss.
13. If the profit, derived by the taxpayer, who is a party of an analysed transaction, is less than the profit, calculated for this party in accordance with the method for distributing the profit, for taxation purposes shall be assumed the profit, calculated for it in conformity with the method for distributing the profit.
If the loss, incurred by the taxpayer, who is a party of an analysed transaction, exceeds the loss, calculated for this party in accordance with the method of distributing the profit, for taxation purposes shall be assumed the profit, calculated for it in conformity with the method of distributing the profit.
The taxpayer's profit shall be corrected for taxation purposes by the tax on the profit of organisations on the ground of comparing the profit or the loss, recorded for taxation purposes in conformity with the present Item, with the profit, actually derived by the taxpayer, or with the loss, actually sustained by him.
14. The profit or the loss, calculated by the method of distributing the profit, shall be applied for taxation purposes on the ground of Items 12 or 13 of this Article, under the condition that this does not lead to a reduction of the sum of the tax to be paid into the budgetary system of the Russian Federation.
Chapter 14.4. Controlled Transactions. Preparing and Presenting Documentation for the Purposes of the Tax Control. Notification on Controlled Transactions
Article 105.14. Controlled Transactions 1. For the purposes of this Code, as controlled are recognised the transactions between
interdependent persons (taking into account the specifics, envisaged in this Article). The following transactions are equated to those made between interdependent persons for the purposes of this Code:
Provisions of Subitem 1 of Item 1 of Article 105.14 of the Tax Code of the Russian Federation (in the wording of Federal Law No. 227-FZ of July 18, 2011) as concerns recognising as controlled the transactions with the taxpayers of the uniform agricultural tax, or of the uniform
tax on the imputed income, shall be applied from January 1, 2014
1) an aggregate of transactions on the realisation (resale) of commodities (on the performance if works or on rendering services), carried out with the participation (mediation) of the persons, who are not interdependent (taking into account the specifics, envisaged in this Subitem). The aggregate of transactions, indicated in this Subitem, is equated to a transaction between interdependent persons, not taking into account the existence of the third persons, with whose participation (mediation) such aggregate of transactions is carried out, under the condition that such third persons, not recognised as interdependent and taking part in the said aggregate of transactions:
- do not fulfil in this aggregate of transactions any additional functions, with the exception of organising the realisation (resale) of commodities (the performance of works and rendering services) by one person to another person, recognised as interdependent with the former person;
- do not assume upon themselves any risks and do not use any assets for organising the realisation (resale) of commodities (the performance of works and rendering services) by one person to another person, recognised as interdependent with the former person;
2) transactions in the area of foreign trade in commodities of the world exchange trade; 3) transactions, one of the parties in which is the person, whose place of registration,
place of residence or place of tax residence is the state or the territory, included into the list of the states and territories, approved by the Ministry of Finance of the Russian Federation in conformity with Subitem 1 of Item 3 of Article 284 of this Code. For the purposes of this Subitem, if the activity of the Russian Federation creates a permanent representation in the state or on the territory, included into the list, mentioned in this Subitem, and if an analysed transaction is connected with this activity, the said organisation shall be considered, as concerns this analysed transaction, as the person, whose place of registration is the state or the territory, included into this list.
2. A transaction made between interdependent persons, between the place of registration or the place of residence or the place of tax residence of all parties and beneficiaries in which is the Russian Federation, in recognised as controlled (unless otherwise stipulated in Items 3, 4 and 6 of this Article), even if only one of the following circumstances exists:
1) the sum of incomes from the transactions (the sum of the transactions' prices) between the said persons for the corresponding calendar year exceeds one billion roubles;
According to Federal Law No. 227-FZ of November 18, 2011, when applying provisions of Subitem 1 of Item 2 of Article 105.14 of this Code for 2012 and 2013, the sum of income from transactions between the persons mentioned in the first paragraph of Item 2 of Article 105.14 of this Code shall comprise: for 2012 - three billion roubles; for 2013 - two billion roubles;
2) one of the parties of the transaction is a taxpayer of the tax on the extraction of useful minerals, calculated at a tax rate, fixed in percentages, and the object of the transaction is the extracted useful mineral, recognised for the said party of the transaction as the object of levying by the tax on the extraction of useful minerals, at whose extraction the tax is imposed at a tax rate, fixed in percentages;
3) if even only one of the parties of the transaction is a taxpayer, applying one of the following special tax regimes: the taxation system for agricultural commodity producers (the uniform agricultural tax) or the taxation system in the form of the uniform tax on the imputed income for the individual kinds of activity (if the corresponding transaction was concluded within
the framework of such activity), while among the other persons, who are the parties of the said transaction, there is a person, who does not apply these special tax regimes;
4) if even only one of the parties of the transaction is relieved of the liabilities of a taxpayer for the tax on the profit of organisations or applies to the tax base for the said tax the tax rate of zero percent in conformity with Item 5.1 of Article 284 of this Code, while the other party (parties) of the transaction is (are) not relieved of these liabilities and does not (do not) apply the zero percent tax rate because of the above-said circumstances;
The provision of Subitem 5 of Item 2 of Article 105.14 of the Tax Code of the Russian Federation (in the wording of Federal Law No. 227-FZ of July 18, 2011) shall be applied from January 1, 2014
5) if even only one of the parties of the transaction is a resident of a special economic zone, the tax regime of which envisages special privileges for the tax on the profit of organisations (as compared with the general tax regime in the corresponding subject of the Russian Federation), while the other party (parties) of the transaction is not a resident (are not residents) of such special economic zone.
3. The transactions, envisaged in Subitems 2, 4 and 5 of Item 2 of the present Article, are recognised as controlled, if the sum of incomes on the transactions between the said persons over the corresponding calendar year exceeds 60 million roubles.
The transactions, envisaged in Subitem 3 of Item 2 of this Article, are recognised as controlled, if the sum of incomes from the transactions between the said persons for the corresponding calendar year exceeds 100 million roubles.
4. Regardless of whether transactions meet the conditions provided for by Items 1-3 of this article or not, the following transactions shall not be recognized as controllable ones:
1) the parties to which are participants in the same consolidated group of taxpayers formed in compliance with this Code (except for the transactions whose object is an extracted mineral recognized as an item taxable by the severance tax which is taxed, when being extracted, at the tax rate fixed in percentage);
2) whose parties are persons, simultaneously meeting the following demands: - the said persons are registered in one subject of the Russian Federation; - the said persons have no set-apart subdivisions on the territories of the other subjects
of the Russian Federation or beyond the boundaries of the Russian Federation; - the said persons do not pay the tax on the profit of organisations into the budgets of the
other subjects of the Russian Federation; - the said persons do not incur losses (including the losses of the past periods,
transferred onto the future tax periods), assumed when calculating the tax on the profit of organisations;
- there are no circumstances for recognising transactions, made by such persons, as controlled in conformity with Subitems 2-5 of Item 2 of the present Article.
5. The transactions, envisaged in Subitem 2 of Item 1 of this Article, are recognised as controlled, if the object of such transactions are commodities, included into the composition of one or of several of the following commodity groups:
1) oil and the commodities, made of oil; 2) ferrous metals; 3) non-ferrous metals; 4) mineral fertilisers; 5) noble metals and precious stones. 6. The codes of commodities, listed in Item 5 of this Article, are defined in accordance
with the Commodity Classification for Foreign Economic Activity by the federal executive power body, fulfilling the functions involved in the elaboration of the state policy and in the normative- legal regulation in the area of foreign trade.
7. The transactions, stipulated in Subitems 2 and 3 of Item 1 of the present Article, are recognised as controlled, if the sum of incomes from such transactions, carried out with one person over the corresponding calendar period, exceeds 60 million roubles.
8. For the purposes of this Code, the concept of the "foreign trade in commodities" is used in the meaning, defined in the legislation of the Russian Federation on the foreign trade activity.
9. For the purposes of this Article, the sum of incomes from the transactions, made over a calendar year, is defined by way of adding up the sums of incomes, derived from such transactions with one person (with interdependent persons) over the calendar year, taking into account the procedure for recognising the incomes, established in Chapter 25 of the present Code. When defining the sum of incomes from the transactions, the federal executive power body, authorised to exert control and supervision in the area of taxes and fees, has the right to check for the purposes of this Article correspondence of the sums of incomes, derived from the transactions, to the market level, taking into account provisions of Chapter 14.2 and of Chapter 14.3 of this Code.
10. At an application from the federal executive power body, authorised to exert control and supervision in the area of taxes and fees, the court may recognise a transaction as controlled, if there are sufficient grounds to believe that this transaction is a part of a group of homogeneous transactions, made for the purpose of creating conditions, under which such transaction would show the signs of a controlled transaction, established in this Article.
11. Recognising the transactions as controlled shall be effected with an account for the provisions of Item 13 of Article 105.3 of this Code.
According to Federal Law No. 227-FZ of November 18, 2011 the provisions of Article 105.15 of this Code shall be applied until January 1, 2014, if the sum of income from all controlled transactions, performed by the taxpayer over the calendar year with one person (with several the same persons, who are the parties of controlled transactions), exceeds, respectively: in 2012 - 100 million roubles; in 2013 - 80 million roubles
Article 105.15. Preparing and Submitting Documentation for the Purposes of the Tax Control
1. At the demand of the federal executive power body, authorised to exert control and supervision in the area of taxes and fees, the taxpayer shall present the documentation on a particular transaction (group of homogeneous transactions), pointed out in the demand. As the documentation is understood an aggregate of documents or a uniform document, compiled in arbitrary form (if the compilation of such documents in accordance with the established form is not stipulated in the legislation of the Russian Federation) and containing the following information:
1) on the activity of the taxpayer (of the persons), who has (have) carried out a controlled transaction (a group of homogeneous transactions), connected with this transaction:
- the list of the persons (with indicating the states and territories, of which they are tax residents), with whom a controlled transaction is performed, a description of the controlled transaction, its terms, including a description of the methodology for the price formation (if such exists), the terms and time terms for making payments on this transaction and other information on it;
- information on the functions of persons, who are the parties of the transaction (if the
taxpayer carries out a functional analysis), on the assets they use, connected with this controlled transaction, and on the economic (commercial) risks, which the taxpayer has taken into account when concluding it;
2) if the taxpayer has applied methods, stipulated in Chapter 14.3 of this Code, the following information on the applied methods:
- substantiation of the reasons behind the selection and the way of application of the used method;
- indication of the used sources of information; - calculation of the range of market prices (of the range of profitability) on the controlled
transaction with a description of the approach, taken for the selection of comparable transactions;
- sum of the derived incomes (profit) and (or) the sum of the made outlays (of the incurred losses) as a result of the performance of a controlled transaction or of the achieved profitability;
- information on an economic gain, received in a controlled transaction by the person, by whom this transaction is made, as a result of obtaining information, of the results of an intellectual activity, of the rights to the designations, individualising an enterprise, its products, works and services (the official designation, the trade marks and the service marks), and of the other exclusive rights (if the corresponding circumstances exist);
- information on the other factors, which have exerted an influence on the price (profitability), applied in a controlled transaction, including information on the market strategy of the person, who has performed a controlled transaction, if this market strategy has exerted an influence on the price (profitability), applied in this controlled transaction (if the corresponding circumstances exist);
- corrections of the tax base and of the sums of the tax, made by the taxpayer in conformity with Item 6 of Article 105.3 of this Code (if these are made).
2. The taxpayer has the right to supply other information, confirming that the commercial and (or) financial conditions of controlled transactions correspond to those that have taken place in comparable transactions, taking into account the corrections for ensuring comparability of the commercial and (or) financial conditions of comparable transactions, whose parties are the persons, not recognised as interdependent, with the conditions of a controlled transaction.
3. The documentation, mentioned in Item 1 of this Article, may be received from the taxpayer at demand by the federal executive power body, authorised to exert control and supervision in the area of taxes and fees, not earlier than on June 1 of the year, following the calendar year, in which controlled transactions were performed.
4. Provisions of Items 1 and 2 of this Article are not applied in the following cases: 1) if the prices are applied in the transactions in conformity with the instructions of
antimonopoly bodies in conformity with Item 8 of Article 105.3 of this Code, or if the price is regulated and is applied in accordance with Article 105.4 of this Code;
2) if the taxpayer performs transactions with the persons, with whom he is interdependent;
3) in transactions with securities and with the financial instruments of futures transactions, circulated on the organised securities market (taking into account provisions of Chapter 25 of this Code);
4) at making transactions, with respect to which an agreement on the price formation is concluded for taxation purposes in conformity with Chapter 14.6 of this Code.
5. On transactions, stipulated in Item 4 of this Article, the taxpayer has the right to submit the above-said documentation on a voluntary basis.
6. The specification and substantiation of documents, submitted to the tax bodies, shall be commensurate with the complexity of the transaction and of the formation of its price (of the
profitability of the parties of the transaction).
According to Federal Law No. 227-FZ of November 18, 2011 the provisions of Article 105.16 of this Code shall be applied until January 1, 2014, if the sum of income from all controlled transactions, performed by the taxpayer over the calendar year with one person (several transactions with the same persons, who are the parties of controlled transactions), exceeds, respectively: in 2012 - 100 million roubles; in 2013 - 80 million roubles
Article 105.16. Notification on Controlled Transactions 1. Taxpayers are obliged to notify the tax bodies on controlled transactions, mentioned in
Article 105.14 of this Code, which they have performed over a calendar year. 2. Information on controlled transactions shall be supplied in notifications on controlled
transactions, which the taxpayer sends to the tax body at the place of his stay (of his residence) within a time term of not later than on May 20 of the year following the calendar year, in which these controlled transactions were made. Taxpayers, who are referred to the category of major ones in conformity with Article 83 of this Code, shall submit notifications, mentioned in this Item, to the tax body at the place of their recording as major taxpayers.
At the taxpayers' wish, notifications on controlled transactions may be presented to the tax body in accordance with the established form on a paper carrier or in accordance with the established formats in electronic form.
The form (formats) of a notification on controlled transactions, as well as the procedure for filling out the form and the procedure for submitting the notification on controlled transactions in electronic form shall be approved by the federal executive power body, authorised to exert control and supervision in the area of taxes and fees, in agreement with the Ministry of Finance of the Russian Federation.
If the facts of an incomplete information, inaccuracies or errors are exposed in filling out the submitted notification on controlled transactions, the taxpayer has the right to send over a specified notification.
3. Information on controlled transactions shall contain the following information: 1) the calendar year, for which information is supplied on controlled transactions,
performed by the taxpayer; 2) the objects of the transactions; 3) information on the participants in the transactions: - full designation of an organisation, as well as the taxpayer's identification number (if the
organisation is put onto records in the tax bodies of the Russian Federation); - surname, first name and patronymic of an individual businessman and his taxpayer
identification number; - surname, first name and citizenship of a natural person, who is not an individual
businessman; 4) sum of the derived incomes and (or) the sum of the made outlays (of the sustained
losses) in controlled transactions, with setting apart the sums of incomes (outlays) on the transactions, whose prices are subject to regulation.
4. Information, provided in Item 3 of this Article, may be prepared for a group of homogeneous transactions.
5. The tax body, which has received a notification on controlled transactions, shall send over this notification in electronic form to the federal executive power body, authorised to exert control and supervision in the area of taxes and fees, within ten days as from the day of its receipt.
6. If the tax body, conducting a tax check, has revealed facts of the performance of controlled transactions, information on which was not supplied in accordance with Item 2 of this Article, this tax body shall itself inform the federal executive power body, authorised to exert control and supervision in the area of taxes and fees, about the fact of exposure of these controlled transactions and shall direct information it has obtained about such transactions.
The tax body, conducting a tax check, is obliged to inform the taxpayer about his sending a notification and the corresponding information to the federal executive power body, authorised to exert control and supervision in the area of taxes and fees, not later than in ten days as from the date of sending the notification.
The form for the notification and the procedure for sending it over shall be approved by the federal executive power body, authorised to exert control and supervision in the area of taxes and fees.
7. The sending over by the tax body, conducting a tax check, of information on controlled transactions it has obtained to the federal executive power body, authorised to exert control and supervision in the area of taxes and fees, is not seen as an obstacle to going on with such check and to adopting the decision in accordance with the results of consideration of the tax check materials in the established procedure.
Chapter 14.5. Tax Control in Connection with Making Transactions Between Interdependent Persons
According to Federal Law No. 227-FZ of November 18, 2011 the provisions of Article 105.17 of this Code shall be applied until January 1, 2014, if the sum of income from all controlled transactions, performed by the taxpayer over the calendar year with one person (several transactions with the same persons, who are the parties of controlled transactions), exceeds, respectively: in 2012 - 100 million roubles; in 2013 - 80 million roubles.
Article 105.17. Checking by the Federal Body of Executive Power, Authorised to Exert Control and Supervision in the Area of Taxes and Fees, the Fullness of the Calculation and Payment of Taxes in Connection with Making Transactions Between Interdependent Persons
1. Checking the fullness of the calculation and payment of taxes in connection with the performance of transactions between interdependent persons (hereinafter referred to in this Chapter as the check) is conducted by the federal executive power body, authorised to exert control and supervision in the area of taxes and fees, at the place of its location.
The check shall be conducted on the ground of the notification on controlled transactions or of the notification of the territorial tax body, carrying out a field or an office check of the taxpayer, directed in conformity with Article 105.16 of this Code, as well as if a controlled transaction is exposed as a result of conducting by the federal executive power body, authorised to exert control and supervision in the area of taxes and fees, a repeated field tax check by way of exerting control over the activity of the tax body, which has conducted the check.
When conducting the checks, the federal executive power body, authorised to exert control and supervision in the area of taxes and fees, has the right to carry out the tax control measures, established in Articles 95-97 of this Code. In this case, control over the conformity of prices, applied in controlled transactions, to market prices cannot be an object of field and of office checks.
2. A check shall be carried out by officials from the federal executive power body, authorised to exert control and supervision in the area of taxes and fees, on the ground of the decision of its head (deputy head) on conducting the check. Such decision may be passed not later than in two years as from the day of receiving a notification or a notice, mentioned in Item 1 of this Article.
The federal executive power body, authorised to exert control and supervision in the area of taxes and fees, has no right to conduct two or more checks with respect to one transaction (one group of homogeneous transactions) for one and the same calendar year. If in the course of a calendar year at the taxpayer, who is a party in a controlled transaction (in a group of homogeneous transactions), a check with respect to the said transaction (group of homogeneous transactions) was conducted in conformity with this Article and in accordance with the results of such check, correspondence of the terms of a controlled transaction (of a group of homogeneous transactions) to the terms of transactions between the persons, who are not interdependent, was established, with respect to such transaction (group of homogeneous transactions) cannot be conducted checks at the taxpayers, who are the other parties of the said transaction (group of homogeneous transactions).
In this case conducting a check with respect to a transaction, made in the tax period, is no obstacle for conducting field and (or) office tax checks for the same tax period.
3. The time term for conducting a check is counted as from the day when the decision was passed on carrying it out and until the day of compiling a reference note on conducting such check.
The federal executive power body, authorised to exert control and supervision in the area of taxes and fees, shall notify the taxpayer about adopting the said decision in the course of three days as from the day of its adoption.
4. A check shall be conducted within a time term, not exceeding six months. In exceptional cases, this time term may be extended up to twelve months by decision of the head (of the deputy head) of the federal executive power body, authorised to exert control and supervision in the area of taxes and fees.
The grounds and procedure for an extension of the term of conducting a check are established by the federal executive power body, authorised to exert control and supervision in the area of taxes and fees.
If it is necessary to receive information from foreign state bodies and to carry out expert examinations and (or) to translate into the Russian language the documents, submitted by the taxpayer in a foreign language, the term for conducting a check may be extended additionally by no longer than six months, and if the check was extended for obtaining information from foreign state bodies and in the course of six months the federal executive power body, authorised to exert control and supervision in the area of taxes and fees, has not received the inquired after information, the time term for an extension of the said check may be prolonged by another three months.
A copy of the decision on extending the time term for conducting a check shall be sent over to the taxpayer within three days as from the day of its adoption.
5. Within the framework of a check may be examined controlled transactions, performed over the period, not exceeding three calendar years, preceding the year in which the decision was taken on conducting a check.
If for determining comparability of the commercial and (or) financial conditions of controlled transactions with the conditions of comparable transactions between the persons, who are not interdependent, the taxpayer has applied methods, named in Item 1 of Article 105.7 of the present Code, or a combination thereof, the federal executive power body, authorised to exert control and supervision in the area of taxes and fees, shall apply at exerting the tax control in connection with the performance of transactions between interdependent
persons, the method (the combination of methods), which was applied by the taxpayer. Application of a different method (of a combination of methods) is possible, if the federal
executive power body, authorised to exert control and supervision in the area of taxes and fees, proves that this method (combination of methods), applied by the taxpayer proceeding from the conditions of performing a controlled transaction, does not permit to determine comparability of the commercial and (or) financial conditions of a controlled transaction with the conditions of comparable transactions, made between the persons, who are not interdependent.
The federal executive power body, authorised to exert control and supervision in the area of taxes and fees, has no right to apply any other methods, not stipulated in this Section, in the course of the tax control in connection with the performance of transactions.
6. The federal executive power body, authorised to exert control and supervision in the area of taxes and fees, has the right to send to the taxpayer in accordance with the procedure envisaged on Items 1, 2 and 5 of Article 93 of this Code, the demand to present the documentation, stipulated in Article 105.15 of this Code, with respect to the checked transaction (to a group of homogeneous transactions). The documentation, obtained on demand in conformity with this Item, shall be submitted by the taxpayer within 30 days as from the day of receiving the corresponding demand.
7. An official from the federal executive power body, authorised to exert control and supervision in the area of taxes and fees, which is conducting a check, has the right to receive on demand the documents (information) from the participants in the checked transactions, who have at their disposal documents (information), concerning these transactions.
Documents shall be obtained on demand in conformity with this Item in accordance with the procedure, similar to that for the receipt on demand of documents, which is established in Article 93.1 of this Code.
8. On the last day of the check, the checking body is obliged to compile a reference note on the conducted check, in which its object and the time terms of conducting it shall be fixed.
A reference note on the carried out check shall be handed in to the person, with respect to whom such check was conducted, or to his representative against receipt, or it shall be passed over in any other way, testifying to the date of handing it in.
If the taxpayer (his representative) avoids the receipt of the reference note on the conducted check, this note shall be sent over to the taxpayer by post in a registered letter.
If a reference note on the conducted check is sent over by post in a registered letter, as the date of handing it in is seen the sixth day, counting from the date of dispatch of the registered letter.
9. If in accordance with the results of the check the facts were exposed, showing that the price, applied in the transaction, deviated from the market price, which has led to an understatement of the sum of the tax, the officials, who have conducted the check, are obliged to compile an established-form act on the check within two months as from the day of compilation of the reference note on the conducted check.
The form of an act on the check and demands on its compilation shall be established by the federal executive power body, authorised to exert control and supervision in the area of taxes and fees.
10. The act on the check shall be signed by officials, who have conducted the check, and by the person, with respect to whom such check was conducted, or by his representative.
On the refusal to sign the act on the check by the person, with respect to whom the check was conducted, or by his representative, the corresponding entry shall be made in this act.
11. The act on the check shall be compiled while taking into account demands, envisaged in Item 3 of Article 100 of this Code. This act shall also contain documentally confirmed facts on the deviation of the price, applied in the transaction, from the market price
towards a rise over the maximum ultimate price, or towards a fall from the minimum ultimate price, taking into account the corresponding markups to the prices or discounts from the prices, as well as the substantiation of the fact that this deviation has entailed an understatement of the sum of the tax, and the calculation of the sum of such understatement.
12. The act on the check shall be handed over to the person, with respect to whom the check was conducted, or to his representative against receipt, or it shall be handed over in any other way, testifying to the date of its receipt by the said person (by his representative), within five days as from the date of this act.
If the person, with respect to whom the check was conducted, or his representative avoids the receipt of the act on the check, this fact shall be reflected in the act on the check and the act on the check shall be sent over by post in a registered letter to the place of location of the organisation or to the place of residence of the natural person.
If the act on a check is sent over by post in a registered letter, as the date of handing this act in shall be seen the sixth day as from the day of dispatch of the registered letter.
13. If the person, with respect to whom a check was conducted, or his representative disagrees with the facts, rendered in the act on the check, as well as with the conclusions and proposals of the checking persons, he has the right to present to the federal executive power body, authorised to exert control and supervision in the area of taxes and fees, his written objections to the said act as a whole or to its separate provisions, within twenty days as from the day of receipt of the act. In such case, the said person has the right to enclose to his written objections, or to hand over within the agreed time term to the federal executive power body, authorised to exert control and supervision in the area of taxes and fees, the documents (their certified copies), confirming the substantiation of his objections.
14. Consideration of the act, of the other materials of the check and of the written objections on the act, presented by the taxpayer, as well as adoption of the decision on the results of the check, shall be carried out in accordance with the procedure, similar to that for the consideration of a tax check materials, stipulated in Article 101 of the present Code.
15. When the tax control measures are carried out in connection with the performance of a transaction between interdependent persons, materials and information received by the federal executive power body, authorised to exert control and supervision in the area of taxes and fees, may be used at conducting a check of the other persons, who are participants in the same controlled transaction.
Article 105.18. Symmetrical Corrections 1. If in accordance with the results of a check by the federal executive power body,
authorised to exert control and supervision in the area of taxes and fees, of the fullness of the calculation and payment of taxes in connection with the performance of transactions between interdependent persons the tax is additionally imposed, proceeding from an estimate of the results of the transaction, while taking into account the market prices, the prices, on whose ground the federal executive power body, authorised to exert control and supervision in the area of taxes and fees, has made a correction of the tax base and of the sum of the tax, may be applied by the Russian organisations - the taxpayers, who are the other party of a controlled transaction, when calculating taxes, mentioned in Item 4 of Article 105.3 of this Code.
Such application by the taxpayers, indicated in the first paragraph of this Item, of market prices, on whose ground the decision on an additional imposition of the tax was adopted in accordance with the results of the check in conformity with Article 105.17 of this Code, shall be recognised for the purposes of this Code as a symmetrical correction.
2. The right to carry out symmetrical corrections by the other parties of a controlled transaction arises exclusively in the cases, when the decision of the federal executive power body, authorised to exert control and supervision in the area of taxes and fees, on additionally
levying the tax is executed by the person, who is a party of a controlled transaction, with respect to whom the decision on an additional imposition of the tax in the part of the arrears, indicated in this decision, was passed.
Symmetrical corrections are made in accordance with the procedure, established in this Article.
No corrections of the registers for recording taxes and initial documents are effected for the purposes of making symmetrical corrections.
3. Symmetrical corrections may be taken into account in the tax declarations on taxes named in Item 4 of Article 105.3 of this Code, which are presented in accordance with the results of that tax period, in which the corresponding symmetrical corrections were made.
If in accordance with the results of a symmetrical correction the taxpayer receives the right to the return of the tax, the rules shall be applied, established in this Code with respect to an offset and to the return of the sums of the tax, paid or exacted in excess.
4. Symmetrical corrections are made by the taxpayer on the ground of information, contained in the notification on the possibility of making symmetrical corrections, directed to the taxpayer by the federal executive power body, authorised to exert control and supervision in the area of taxes and fees.
The forms (formats) and procedure for the issue of a notification on the possibility of making symmetrical corrections shall be approved by the federal executive power body, authorised to exert control and supervision in the area of taxes and fees, in agreement with the Ministry of Finance of the Russian Federation.
The federal executive power body, authorised to exert control and supervision in the area of taxes and fees, shall hand over the notification on the possibility of symmetrical corrections to the taxpayer (to his lawful or authorised representative), or shall send the given notification by post in a registered letter, or transfer it in electronic form along telecommunication channels within one month as from the moment of the right to make symmetrical corrections arising at the taxpayer. If the decision on additionally levying the tax, on whose ground symmetrical corrections are made, is appealed against with the court, this time term shall be extended for up to six months, unless otherwise envisaged in the present Item.
The course of the time term for the issue or for sending over to the taxpayer of a notification on the possibility of symmetrical corrections is suspended, as the federal executive power body, authorised to exert control and supervision in the area of taxes and fees, receives information on filing to the court an appeal against the decision on an additional imposition of the tax, on whose ground symmetrical corrections are conducted. Such suspension shall be operating until the moment of entry into force of the corresponding court act. A similar procedure is applied at filing appeals against the acts of the lower instance arbitration courts.
5. If the taxpayer disposes of information on the other party of a transaction fulfilling the decision on an additional imposition of the tax in the cases stipulated in Article 105.17 of this Code, and if he does not receive a notification on the possibility of symmetrical corrections within the time terms, named in Item 4 of this Article, the taxpayer has the right to file to the federal executive power body, authorised in the area of taxes and fees, an application for the issue of a notification on the possibility to make symmetrical corrections.
To an application for the issue of a notification on the possibility of making symmetrical corrections shall be enclosed the copies of documents, confirming information on taking the decision on an additional imposition of the tax and on its execution.
6. The federal executive power body, authorised to exert control and supervision in the area of taxes and fees, shall consider the application, mentioned in Item 5 of this Article, and shall adopt one of the following decisions within fifteen days:
1) on the issue of a notification on the possibility of making symmetrical corrections; 2) on the issue of a notification on the possibility to make symmetrical corrections in
connection with the non-observation of the procedure for filing an application or with the non- confirmation of information, supplied in the application;
3) on informing the taxpayer on the suspension of the time terms for the issue of a notification on the possibility of making symmetrical corrections, in case of filing an appeal against the decision on levying an additional tax, on whose ground symmetrical corrections are made.
7. The taxpayer, who has expressed the wish to carry out a correction of prices on the ground of the notification on the possibility of making symmetrical corrections, has no right to dispute the size of such correction, with the exception of the case when it does not correspond to the size, indicated in the decision on an additional levying of the tax.
8. If the other taxpayers, taking part in the transaction, have made symmetrical corrections in conformity with the decision on an additional imposition of the tax, and if subsequently such decision is amended (repealed) or recognised as invalid, the other parties, taking part in the transaction, shall make the corresponding reverse corrections.
Reverse corrections shall be made by the taxpayer within one month on the ground of notifications on the need for making reverse corrections, received from the tax bodies at the place of recording. No penalties shall be imposed with respect to the sums of the tax, subject to payment, increased on the ground of reverse corrections.
The form and procedure for the issue of a notification on the need of reverse corrections shall be approved by the federal executive power body, authorised to exert control and supervision in the area of taxes and fees.
To the notification on the need of reverse corrections shall be enclosed the calculation of reverse corrections, compiled in arbitrary form, as well as a copy of the corresponding court act, repealing (amending) or recognising as invalid the initial decision on an additional imposition of the tax or the relevant court acts.
The tax body shall offset (return) the sums of an excessively paid up tax to the party of a controlled transaction, with respect to which the decision was passed on an additional imposition of the tax, only after reverse corrections are made and the tax is paid up by the other party of the controlled transaction.
9. The federal executive power body, authorised to exert control and supervision in the area of taxes and fees, has no right to refer to an absence of documents or to expiry of the time term for the storage thereof at an offset (return) of the sums of taxes, mentioned in the specified declaration, which is submitted by the taxpayer in accordance with the results of carrying out symmetrical or reverse corrections on the basis of the corresponding notification.
Chapter 14.6. Agreement on the Price Formation for Taxation Purposes
Article 105.19. General Provisions on an Agreement on the Price Formation for Taxation Purposes
1. A Russian organisation - the taxpayer, referred in conformity with Article 83 of this Code to the category of major taxpayers (hereinafter referred to in this Chapter as the taxpayer), has the right to file to the federal executive power body, authorised to exert control and supervision in the area of taxes and fees, an application for concluding an agreement on the price formation for taxation purposes (hereinafter also referred to as the price formation agreement).
2. The price formation agreement is an agreement between the taxpayer and the federal executive power body, authorised to exert control and supervision in the area of taxes and fees, on the procedure for determining prices and (or) for applying the price formation principles in controlled transactions for taxation purposes within the term of its operation for ensuring the
observation of provisions of Item 1 of Article 105.3 of this Code. 3. The object of a price formation agreement are: 1) the kinds and (or) the lists of controlled transactions and commodities (works and
services), with respect to which the agreement is concluded; 2) the procedure for determining prices, and (or) a description and the procedure for
applying methodologies (formula) of the price formation for taxation purposes; 3) the list of information sources, used when determining correspondence of the prices,
applied in transactions, to the terms of the agreement; 4) the term of the agreement's validity; 5) the list, procedure and time terms for submitting documents, confirming the execution
of the terms of the price agreement. 4. Other terms of a price formation agreement, besides those mentioned in Item 3 of this
Article, may be established by the parties' agreement.
Article 105.20. Parties of a Price Formation Agreement 1. The parties of a price formation agreement are the taxpayer and the federal executive
power body, authorised to exert control and supervision in the area of taxes and fees, in the person of its head (of its deputy head), unless otherwise stipulated in Item 2 of this Article.
2. If conclusion of a price formation agreement is concluded with respect to a foreign trade transaction, of which if only one party is a tax resident of a foreign state, with which a contract (agreement) is concluded on avoiding the double taxation, the taxpayer has the right to file to the federal executive power body, authorised to exert control and supervision in the area of taxes and fees, an application for signing such agreement on the price formation with the participation of the authorised executive power body of such foreign state in the procedure, established by the Ministry of Finance of the Russian Federation.
3. If homogeneous controlled transactions are performed by several Russian interdependent organisations (by a group of taxpayers), with these organisations may be concluded a multilateral price formation agreement. In this case, the terms of the said agreement shall be spread to the entire group of the taxpayers, who have concluded it.
When concluding a price formation agreement, amending the terms and conducting a check of fulfilment of the terms of the price formation agreement in the procedure, established, correspondingly, in Articles 105.22 and 105.23 of this Code, the general interests of a group of taxpayers may be presented by one organisation out of the group of taxpayers, whose powers are confirmed by warrants, issued in accordance with the procedure, established in the legislation of the Russian Federation.
4. The taxpayer, who has signed a price formation agreement, has the right to notify the persons, with whom transactions are made, on the fact of his concluding such agreement and on the procedure for determining the price, applied for taxation purposes, established in it.
Article 105.21. Term of Validity of a Price Formation Agreement
1. A price formation agreement may be signed on one transaction or on several transactions (on a group of homogeneous transactions) with one and the same object, for a time term, not exceeding three years.
With this, a price formation agreement may be extended to the period that has expired counting from the first day of the calendar year in which a taxpayer filed with the federal executive power body charged with the exercise of control and supervision in respect of taxes and fees an application for making the agreement before the cited agreement's entry into force.
2. If he observes all terms of a price formation agreement, the taxpayer has the right to file to the federal executive power body, authorised to exert control and supervision in the area
of taxes and fees, an application for an extension of the term of validity of the price formation agreement.
3. A price formation agreement may be extended by the parties' agreement for no more than two years in the procedure, stipulated in Article 105.22 of this Code.
4. A price formation agreement shall come into force as from January 1 of the calendar year, following the year, in which it was signed, unless directly stipulated otherwise in the said agreement.
Article 105.22. Procedure for Concluding a Price Formation Agreement 1. To the taxpayer's application for concluding a price formation agreement, filed by the
taxpayer to the federal executive power body, authorised to exert control and supervision in the area of taxes and fees, shall be enclosed:
1) draft price formation agreement; 2) documents on the taxpayer's activity, connected with controlled transactions, as well
on the controlled transactions, with respect to which the taxpayer proposes to sign a price formation agreement;
3) copies of the taxpayer's constituent documents; 4) copy of the certificate on the taxpayer's state registration; 5) copy of the certificate on putting the taxpayer onto the records at the tax body at the
place of his stay on the territory of the Russian Federation; 6) taxpayer's accountancy report for the last accounting period; 7) document, confirming the applicant's payment of the state duty for consideration by
the federal executive power body, authorised to exert control and supervision in the area of taxes and fees, of an application for signing a price formation agreement;
8) other documents, containing information of importance at concluding a price formation agreement.
2. Documents, listed in Item 1 of this Article, shall be presented to the federal executive power body, authorised to exert control and supervision in the area of taxes and fees, in arbitrary form, unless a different form is established in the legislation of the Russian Federation.
3. The federal executive power body, authorised to exert control and supervision in the area of taxes and fees, has the right to inquire from the taxpayer other documents, not stipulated in Item 1 of this Article, which are necessary for the purposes of a price formation agreement.
4. The federal executive power body, authorised to exert control and supervision in the area of taxes and fees, shall consider an application and other documents, submitted by the taxpayer in conformity with Items 1-3 of this Article, within a time term of not over six months as from the day of receiving them. This time term may be extended for up to nine months.
The grounds and procedure for an extension of the term for the consideration of documents, presented by the taxpayer, shall be established by the federal executive power body, authorised to exert control and supervision in the area of taxes and fees.
5. In accordance with the results of consideration of the documents, submitted by the taxpayer in conformity with Items 1-3 of this Article, the federal executive power body, authorised to exert control and supervision in the area of taxes and fees, shall adopt one of the following decisions:
1) decision on concluding a price formation agreement; 2) motivated decision on the refusal to sign such agreement; 3) decision on the need to finalise the elaboration of the draft agreement, in which the
federal executive power body, authorised to exert control and supervision in the area of taxes and fees, proposes to the taxpayer that he shall complete the elaboration of the draft agreement in accordance with demands of this Code and shall repeatedly submit the draft price formation
agreement and the documents, mentioned in Subitem 2 of Item 1 of this Article. 6. The corresponding decision on concluding (on the refusal to conclude, on the need to
finish the elaboration of the draft agreement) a price formation agreement (with pointing out the place, the date and the hour of signing a price formation agreement, if decision is adopted on concluding a price formation agreement), shall be directed to the taxpayer (to the authorised representative of the taxpayer) within five days as from the date of adopting such decision.
7. If the draft price formation agreement and the documents are repeatedly presented on the ground of the decision, stipulated in Subitem 3 of Item 5 of this Article:
1) the state duty, envisaged in Subitem 7 if Item 1 of this Article, is not collected; 2) the federal executive power body, authorised to exert control and supervision in the
area of taxes and fees, adopts the decision within three months. 8. The following are seen as grounds for taking the decision on the refusal to conclude a
price formation agreement, in particular: 1) non-presentation or presentation not in full volume of the documents, envisaged in
Item 1 of this Article; 2) non-payment or not full payment of the state duty; 3) motivated conclusion that as a result of application of the procedure for determining
the prices and (or) the price formation methods, suggested by the taxpayer in the draft price formation agreement, the execution of provisions of Item 1 of Article 105.3 of the present Code will not be provided.
9. Decision on the refusal to conclude a price formation agreement may be appealed against in the court in conformity with the legislation of the Russian Federation.
10. A copy of the price formation agreement, concluded with the taxpayer, shall be directed by the federal executive power body, authorised to exert control and supervision in the area of taxes and fees, to the tax body at the place of the taxpayer's recording as a major taxpayer, within three days as from the day of signing this agreement.
11. The taxpayer's application for concluding a price formation agreement, filed to the federal executive power body, authorised to exert control and supervision in the area of taxes and fees, may be recalled by the said taxpayer. In this case, the paid up sum of the state duty, stipulated in Subitem 7 of Item 1 of this Article, shall not be returned.
12. A price formation agreement may be amended in accordance with the procedure, stipulated in this Article.
Article 105.23. Checking the Execution of a Price Formation Agreement 1. The taxpayer's execution of a price formation agreement is checked by the federal
executive power body, authorised to exert control and supervision in the area of taxes and fees, in accordance with the procedure, stipulated in Chapter 14.5 of this Code.
2. If the taxpayer has observed the terms of the price formation agreement (including if this circumstance is established in accordance with the results of the check, mentioned in Item 1 of this Article), the federal executive power body, authorised to exert control and supervision in the area of taxes and fees, has no right to adopt the decision on an additional imposition of taxes and of penalties and fines with respect to those controlled transactions, the prices in which (the methods for defining them) were agreed in the price formation agreement.
Article 105.24. Procedure for Terminating a Price Formation Agreement 1. A price formation agreement is stopped after expiry of the term of its validity, or it may
be terminated before expiry of such term in the cases, stipulated in this Article. 2. The validity of a price operation agreement shall be stopped before the schedule by
decision of the head (of the deputy head) of the federal executive power body, authorised to exert control and supervision in the area of taxes and fees, if the taxpayer violates the price
formation agreement within the term of its validity, which has entailed an incomplete payment of the taxes and which was exposed in the course of conducting a check in accordance with the procedure, stipulated in Chapter 14.5 of this Code.
A price formation agreement may also be cancelled before the schedule at the parties' agreement or by the court decision.
3. The decision of the federal executive power body, authorised to exert control and supervision in the area of taxes and fees, on terminating a price formation agreement shall be handed in to the taxpayer (to his representative) against receipt, or in a different way, testifying to the date of its receipt by the taxpayer (by his representative), or shall be sent over to the taxpayer by post in a registered letter, within five days as from the day of adopting the corresponding decision.
The decision on terminating a price formation agreement, sent over to the taxpayer by post in a registered letter, shall be seen as received after expiry of six days as from the day of dispatch of such registered letter.
A copy of the said decision shall be directed to the tax body at the place of recording such taxpayer as a major taxpayer within the same time terms.
4. The decision of the federal executive power body, authorised to exert control and supervision in the area of taxes and fees, on terminating a price formation agreement may be appealed against by the taxpayer to an arbitration court in the procedure, established in the arbitration procedure legislation of the Russian Federation.
5. The sums of the tax, of the penalties and of the fine shall be paid only if the termination of the price formation agreement because of the non-execution (violation) of its terms has entailed an understatement of the sum of the tax.
Article 105.25. Stability of the Terms of a Price Formation Agreement 1. The terms of a price formation agreement remain unchanged, if the legislation on
taxes and fees is amended as concerns the regulation of relations, arising at signing a price formation agreement, at introducing amendments into it and at terminating its operation.
2. If other amendments are introduced into the legislation of the Russian Federation on taxes and fees and into the legislation of the Russian Federation on the customs business, which have an impact upon the taxpayer's activity, the parties to an agreement have the right to introduce the corresponding amendments into the text of the price formation agreement.
Section 6. Tax Offenses and Liability for Committing Them
Chapter 15. General Provisions on Liability for Committing Tax Offenses
Federal Law No. 154-FZ of July 9, 1999 amended Article 106 of this Code The amendments shall enter into force upon the expiry of one month from the day of the official publication of the said Federal Law See the previous text of the Article
Article 106. Concept of a Tax Offense A tax offense is an unlawful (in violation of tax legislation) act (action or inaction) of a
taxpayer, tax agent or other persons entailing liability under this Code.
Article 107. Persons Liable for Committing Tax Offenses 1. Liability for committing tax offenses shall be borne by organisations and natural
persons in the cases provided for in Chapters 16 and 18 of this Code. 2. Natural persons can be held liable for committing a tax offence from the age of sixteen.
Federal Law No. 154-FZ of July 9, 1999 amended Article 108 of this Code The amendments shall enter into force upon the expiry of one month from the day of the official publication of the said Federal Law See the previous text of the Article
Article 108. General Conditions of Holding (Taxpayers) Liable for Committing Tax Offenses
1. No one can be held liable for committing a tax offense other that on the grounds and in the manner stipulated in this Code.
2. No one can be held liable for the same tax offense twice.
3. As the ground for calling a person to account for a violation of the legislation on taxes and fees shall be deemed the establishment of the fact of making this violation by an effective decision of the tax authority.
4. Holding an organisation liable for a tax offense shall not release its officials from administrative, criminal or other liability under federal laws, provided that the appropriate grounds for that exist.
See the Item in the previous wording
5. Holding a person liable for a tax offense shall not release him from the obligation to pay (to remit) the tax (fee) and penalty liability.
6. A person shall be presumed innocent of committing a tax offense until his guilt is proven in accordance with the procedure provided for by federal law. The person called to account shall not be required to prove his innocence of committing a tax offense. The burden of presenting evidence of the tax offence and proving a person's guilt in committing it shall be carried by the tax authorities. Ineradicable doubts as to the guilt of the person called to account shall be interpreted in favour of the person.
7. The managing partner responsible for keeping tax records shall be held liable for the breaches of the legislation on taxes and fees made in connection with execution of the agreement of investment partnership.
Liability for failure to discharge the duty of paying tax on organisations' profit and tax on incomes of natural persons on the profit (income) falling on the share of a party to an agreement of investment partnership shall be borne by the party to such agreement, if not otherwise established by this Code.
Article 109. Circumstances Which Rule out the Possibility of Holding a Person Liable for Committing a Tax Offense
A person cannot be held liable for committing a tax offence if at least on of the following circumstances is present:
1) absence of the event of a tax offence; 2) absence of guilt of the person in question in committing a tax offense; 3) action containing elements of a tax offense committed by a natural person who had
not reached sixteen years of age at the time of the action was committed; 4) expiry of the statute of limitations for the tax offence committed.
Article 110. Forms of Guilt of Committing a Tax Offense 1. A person who has committed an unlawful action intentionally or by negligence shall be
recognised as a defaulter (a person at guilt). 2. A tax offense shall be recognised as committed intentionally, if the person who
committed it was aware of the unlawful nature of his action (inaction), was desiring, or conscientiously admitting the possibility of occurrence of, harmful consequences of such actions (inaction).
3. A tax offence shall be considered committed through negligence, if the person who committed it was not aware of the unlawful nature of his actions (inaction) or of the harmful nature of consequences of such action (inaction), even thought he should have and could have been aware of it.
4. The guilt of an organisation in committing a tax offence shall be established depending on the guilt of it officials or its representatives whose actions (or inaction) provided the conditions for the tax offence.
Federal Law No. 154-FZ of July 9, 1999 amended Article 111 of this Code The amendments shall enter into force upon the expiry of one month from the day of the official publication of the said Federal Law See the previous text of the Article
Article 111. Circumstances Ruling Out the Guilt of a Person in Committing a Tax Offense
1. The following circumstances shall rule out the guilt of a person in committing a tax offense:
1) committing an act that contains elements of a tax offence in consequence of a natural calamity or other extraordinary or insurmountable circumstances (said circumstances shall be established by the presence of generally known facts, by mass media publications and by any methods that are not in need of special means of proof);
2) committing an act that contains elements of a tax offence by an natural person whose condition at the time of committing that act was such that he could not understand or control his actions as a result of his sick state (said circumstances shall be proved by submitting to a tax body documents, which by their meaning, content and date relate to that tax period in which a tax offence was committed);
3) following by a taxpayer (fee payer or tax agent) of explanations in writing in respect of a procedure for calculation and payment of a tax (fee) or in respect of other matters concerning application of the legislation on taxes and fees given to him or to an indefinite group of persons by a financial, tax or other authorised state power body within the scope of authority thereof (the said circumstances shall be established if there is the appropriate document of this body whose meaning and contents make it pertinent to the tax periods when a tax offence was committed, regardless of the date of issuing such document).
The provisions of this Subitem shall not apply if the said written explanations are based upon incomplete or unreliable information presented by a taxpayer (fee payer or tax agent);
4) other circumstances which can be recognised by the court or the tax authority engaged in consideration of a case as excluding the person's being guilty of committing a tax offence.
2. In the presence of circumstances listed under Item 1 of this Article, the person shall not be held liable for committing a tax offence
Article 112. Attenuating and Aggravating Circumstances for Committing a Tax Offense 1. Circumstances attenuating the liability for committing a tax offense shall be the
following: 1) committing an offense on account of simultaneous difficult personal or family
circumstances; 2) committing an offence under threat for force, or due to pecuniary, administrative or
other dependence; 2.1) hard financial position of the natural person to be called to account for committing a
tax offence; 3) other circumstances recognised by the court or the tax authority considering the case
as attenuating the liability for a tax offense. 2. The commission of a tax violation by a person previously was brought to responsibility
for an analogous violation shall be deemed to be a circumstance aggravating responsibility. 3. The person from whom a tax sanction has been collected shall be deemed to have
been subject to this sanction in the course of 12 months from the date of entry into legal force of the decision made by court or tax body.
4. Circumstances mitigating or aggravating the responsibility for the commission of a tax offence shall be established by a court of law or the tax authority considering the case and taken into its consideration when imposing tax sanctions.
On declaration of the provisions of Article 113 of this Code as not contradicting the Constitution of the Russian Federation, see Decision of the Constitutional Court of the Russian Federation No. 9-P of July 14, 2005
Article 113. Statute of Limitation for Tax Offenses 1. A person cannot be held liable for a tax offense if three years (the statute of limitations)
have expired since the day when the offense was committed or since the first day after the end of the tax period during which the offense committed and up to the time of rendering a decision on calling to account.
According to Ruling by the Constitutional Court of the Russian Federation No. 36-0 of January 18, 2005, the law-enforcement bodies may not interpret the concept "bona fide taxpayers" as imposing on taxpayers the duties not stipulated by legislation, and may not deprive them of the guarantees established by this Article
Computation of the statute of limitations from the day when the tax offense was committed shall be applicable to all tax offenses, except for those provided for under Articles 120 and 122 of this Code.
Computation of the statute of limitation from the first day after the end of the respective tax period shall be applicable to tax offenses provided for under Articles 120 and 122 of this Code.
1.1. Running of the limitation period for calling to account shall be suspended if the person to be called to account for committing a tax offence took an active part in opposing an on-site tax check, this posing an insurmountable obstacle for conducting it and determining by the tax authorities of the tax amounts payable to the budget system of the Russian Federation.
Running of the limitation period for calling to account shall be deemed suspended as of the date of drawing up the deed provided for by Item 3 of Article 91 of this Code. In this case, running of the time period for calling to account shall be resumed as of the day when the circumstances impeding an on-site tax check ceased and a decision on resuming the on-site tax check was rendered.
2. Removed. Article 114. Tax Sanctions 1. A tax sanction is a measure of liability for tax offenses. 2. Tax sanctions shall be established and imposed in the form of monetary charges
(fines) in the amounts provided for in in Chapters 16 and 18 of this Code. 3. Provided there is at least one attenuating circumstance, the amount of fine shall be
reduced, but not more than by half of the amount of fine established under the appropriate Article of this Code.
4. In the presence of the aggravating circumstance stated in Item 2 of Article 112, the amount of fine shall be increased by 100%.
5. Should one person commit two or more tax offenses, tax sanctions shall be imposed for each offense separately, without a heavier sanction absorbing a lesser one.
6. The amount of the fine to be recovered from a taxpayer, fee payer or tax agent for a tax offence entailing tax (or fee) arrears shall only subject be to remittance from accounts accordingly of the taxpayer, fee payer or tax agent after remittance in full of this amount of arrears and appropriate penalties in the order established by the civil legislation of the Russian Federation.
7. Abrogated from January 1, 2007. Article 115. Statute of Limitation for Recovering Fines
1. Tax authorities may make an application with court for recovering fines from an organisation and individual businessman in the procedure and within the time period which are provided for by Articles 46 and 47 of this Code from a natural person not being an individual businessman in the procedure and within the time period which are provided for by Article 48 of this Code.
Application for recovering a fine from an organisation or an individual businessman in the cases provided for by Subitems 1-3 of Item 2 of Article 45 of this Code may be filed by a tax authority within six months after the expiry of the time period for satisfying the demand for paying the fine. The time period for filing the said application missed for sound reasons may be restored by court.
2. In the case of a non-suit or dismissal of a criminal case, but in the presence of a tax offense, the statute of limitations for filing an application shall be calculated from the day the tax authority receives a ruling of non-suit or dismissal of the criminal case.
Chapter 16. Types of Tax Offenses and Liability for Committing Them
Federal Law No. 229-FZ of July 27, 2010 defined the procedure for recovering of tax sanctions for breaching the legislation of taxes and fees in respect of which a decision of a tax authority is issued before the date when the said Federal Law enters into force and amount of the sanctions for tax offenses committed before the date when the said Federal Law enters into force
Article 116. Failure to Follow the Procedure for Registration with a Tax Authority 1. A taxpayer's failure to observe the time for registration with a tax authority fixed by this
Code on the grounds provided for by this Code shall entail the imposition of a fine in the amount of 10 thousand roubles. 2. The exercise of activities by an organisation or individual businessman without
registration with a tax authority on the grounds provided for by this Code shall entail the imposition of a fine in the amount of 10 per cent of the income derived
from such activities within the cited time period but at least 40 thousand roubles.
Article 117. Abrogated Article 118. Failure to Meet the Deadline for Reporting the Opening of a Bank Account 1. Failure by a taxpayer to meet the deadline established by this Code for submitting
information of his opening or closing an account with any bank to the tax authorities. shall entail a fine in the amount of five thousand roubles. 2. Removed. 3. The provisions of this article shall likewise apply to the party to an agreement of
investment partnership which is the managing partner responsible for keeping tax records that has failed to observe the deadline for presenting to the tax authority information about opening or closing by him an account of the investment partnership with a bank which is fixed by this Code.
Article 119. Failure to Submit a Tax Declaration (an Estimation of the Financial Result of an Investment Partnership)
1. A taxpayer's failure to submit a tax declaration to the tax authority at the place of registration at the time fixed by the legislation on taxes and fees
shall entail the imposition of a fine in the amount of 5 per cent of the unpaid tax amount to be paid (additionally paid) on the basis of this declaration for each complete or incomplete month as from the date fixed for its submission but at most 30 per cent of the cited amount and at least 1 000 roubles.
2. Failure of the managing partner responsible for keeping tax records to file an estimate of the financial result of an investment partnership with the tax authority at the place of registration at the time fixed by the legislation on taxes and fees
shall entail the imposition of a fine in the amount of 1 000 roubles per each complete or incomplete month as from the date fixed for its presentation.";
Article 119.1. Failure to Follow the Established Procedure for Submitting a Tax Declaration (Calculation)
Failure to follow the procedure for submitting a tax declaration (calculation) in electronic form where it is provided for by this Code
shall entail the imposition of a fine in the amount of 200 roubles.
Article 119.2. Filing with a Tax Authority by the Managing Partner Responsible for Keeping Tax Records an Estimate of the Financial Result of an Investment Partnership Containing Unreliable Data
1. Filing with a tax authority by the managing partner responsible for keeping tax records an estimate of the financial result of an investment partnership containing unreliable data
shall entail imposition of a fine in the amount of forty thousand roubles. 2. The same deeds willfully made shall entail imposition of a fine in the amount of eighty
thousand roubles.
Article 120. Failure to Comply with the Rules for Accounting for Income, Expenditure and Objects of Taxation
Ruling of the Constitutional Court of the Russian Federation No. 6-O of January 18, 2001 ruled that provisions of Items 1 and 3 of this Article and Item 1 of Article 122, defining the insufficiently demarcated between themselves corpus delicti of the tax law violations, cannot be applied simultaneously as the grounds for holding responsible for committing one and the
same illegal actions, which does not exclude the possibility of their independent application on the basis of an assessment by the court of the actual circumstances of the concrete case and taking account of the constitutional-legal meaning of the corpus delicti of the tax law violations made clear by the Constitutional Court of the Russian Federation
1. A gross violation of rules of accounting for income and (or) expenditure and (or) objects of taxation, if these actions were committed within one tax period, in the absence of signs of a tax offence provided for by Item 2 of this Article,
shall entail imposition of a fine in the amount of ten thousand roubles. 2. The same deeds if they were being committed during a period of time that exceeds
one tax period, shall entail a fine in the amount of thirty thousand roubles. 3. The same deeds if they resulted in under reporting of the tax base, shall entail a fine in the amount of twenty percent of the amount of unpaid tax, or forty
thousand roubles, whichever is less. A gross violation of the rules for accounting for income, expenditure and objects of
taxation for the purposes of this Article shall mean absence of primary [detailed] documents, or absence of invoices, or absence of book-keeping or tax registers, repeated (twice and more times during a calendar year) untimely or incorrect coverage of business transactions, monetary funds, tangible assets, intangible assets and financial investments of the taxpayer in the balance sheet accounts, in tax registers and in reporting.
3. Abrogated. Article 121. Removed.
Ruling of the Constitutional Court of the Russian Federation No. 6-O of January 18, 2001 ruled that the provisions of Items 1 and 3 of Article 120 and Item 1 of this Article, defining the insufficiently demarcated between themselves corpus delicti of the tax law violations, cannot be applied simultaneously as the grounds for holding to responsible for committing one and the same illegal actions, which does not exclude the possibility of their independent application on the basis of an assessment by the court of the actual circumstances of the concrete case and taking account of the constitutional-legal meaning of the corpus delicti of the tax law violations made clear by the Constitutional Court of the Russian Federation
Article 122. Failure to Pay the Full Amounts of Tax (Fee)
1. Non-payment or incomplete payment of the sums of the tax (fee) as a result of understating the tax base, of another wrong calculation of the tax or of any other unlawful actions or inaction, if such action does not contain any signs of a tax law offence, envisaged in Article 129.3 of this Code,
shall entail a fine in the amount of 20 per cent of the unpaid amount of tax (fee). 2. Abrogated from January 1, 2004. 3. Deeds provided for by Item 1 of this Article, when committed intentionally, shall entail a fine in the amount of 40 per cent of the unpaid amount of tax (fee).
4. Failure to pay or to pay in full by the responsible participant in a consolidated group of taxpayers the sums of organisations profit tax in respect of the consolidated group of taxpayers as a result of understatement of the tax base, other incorrect estimation of organisations profit tax in respect of the consolidated group of taxpayers or other wrongful actions (omission to act), if they are caused by reporting unreliable data (by failure to report data), which have affected the completeness of the tax payment, by some other participant in the consolidated group of taxpayers, that has been called to account in compliance with Article 122.1 of the Code, shall
not be deemed an offence.
Article 122.1. Reporting by a Participant in a Consolidated Group of Taxpayers to the Responsible Participant in This Group Unreliable Data (Failure to Report Data), This Causing Non-Payment or Incomplete Payment of Organisations Profit Tax by the Responsible Participant Therein
1. Reporting by a participant in a consolidated group of taxpayers to the responsible participant in this group unreliable data (failure to report data) that has led to non-payment or incomplete payment of organisations profit tax in respect of the consolidated group of taxpayers by the responsible participant therein shall entail the recovery of a fine in the amount of 20 per cent of the non-paid tax sum.
2. The deeds provided for by Item 1 of this article which have been willfully made shall entail the recovery of a fine in the amount of 40 per cent of the non-paid tax amount.
Article 123. Failure of a Tax Agent to Fulfill the Duty of Withholding and Remitting Taxes
The unlawful non-deduction and/or non-remittance (incomplete deduction and/or remittance) at the time fixed by this Code of the sums of the tax subject to deduction and transfer by a tax agent,
shall entail a fine in the amount of 20% of the amount that had to be deducted and/or to be remitted.
Article 124. Abrogated from July 1, 2002. Article 125. Failure to Comply with the Regulations of Tenancy, Use and Disposal of
Attached Property in Respect of Which a Tax Authority Has Taken Protective Measures in the Form of Pledge
Failure to comply with the procedures established by this Code for tenancy, use and/or disposal of property under lien or in respect of which a tax authority has taken protective measures in the form of pledge
shall entail the imposition of a fine in the amount of thirty thousand roubles.
Article 126. Non-Provision to a Tax Authority of Information Necessary for the Exercise of Tax Control
1. Non-submission by a taxpayer (fee payer or tax agent) to tax bodies within the fixed period of time of documents and/or other information, provided for by this Code and other legislative acts on taxes and fees, if such action does not contain any signs of tax law offences, envisaged in Articles 119 and 129.4 of this Code,
shall entail the exaction of a fine in the amount of 200 roubles for each document not presented.
2. Non-provision of information about a taxpayer to a tax authority in the form of refusal of an organisation to turn over the documents, stipulated by this Code, containing information on the taxpayer at the request of a tax authority, as well as avoidance of providing such documents, or provision of documents containing false information unless such deed contains the signs of a breach of the legislation on taxes and fees which is stipulated by Article 135.1 of this Code.
shall entail a fine in the amount of ten thousand roubles. 3. Abrogated from July 1, 2002. Article 127. Removed.
Article 128. Liability of a Witness Failure to appear or avoidance of appearing without good reason by a person summoned
in connection with a tax case as a witness shall entail a fine in the amount of one thousand roubles. Unlawful Refusal of a witness to give testimony, or perjury on the part thereof shall entail a fine in the amount of three thousand roubles.
Article 129. Refusal of an Expert, Interpreter or Specialist to Assist in a Tax Audit, Presentation of a Fraudulent Opinion by an Expert or Fraudulent Interpretation by an Interpreter
1. Refusal of an expert, interpreter or specialist to assist in a tax audit shall entail a fine in the amount of five hundred roubles.
2. Presentation of a fraudulent opinion by an expert or fraudulent interpretation by an interpreter
shall entail a fine in the amount of five thousand roubles.
Article 129.1. Unlawful Non-dispatch of Information to a Tax Body 1. Unlawful non-dispatch or untimely dispatch by a person of information, which under
this Code this person should provide the respective tax body, in the absence of signs of a tax offence stipulated by Article 126 of this Code,
shall involve the exaction of a fine in the amount of five thousand roubles. 2. The same deeds committed for a second time during a calendar year shall involve the exaction of a five in the amount of twenty thousand roubles.
Article 129.2. Violating the Procedure for Registration of Gambling Industry Units 1. Violating the procedure established by this Code for registration with the tax authorities
of gambling tables, slot-machines, cashier's offices of totalisers, cashier's offices of bookmaker's houses or the procedure for registration of changes in the quantity of the said units -
2. shall entail the imposition of the fine which is three times as much as the rate of tax on gambling industry established for the appropriate taxation object.
Article 129.3. Non-Payment or an Incomplete Payment of the Sums of the Tax as a Result of Application for Taxation Purposes in Controlled Transactions of the Commercial and (or) Financial Terms, Not Comparable with the Commercial and (or) Financial Terms of Transactions Between the Not Interdependent Persons
1. The non-payment by the taxpayer of the sums of the tax as a result of application for taxation purposes in controlled transactions of commercial and (or) financial terms, not comparable with the commercial and (or) financial terms of transactions between the persons, who are not interdependent,
- entails an exaction of a fine in an amount of 40 percent of the unpaid sum of the tax, but not less than 30,000 roubles.
2. The taxpayer is relieved of responsibility, envisaged in the present Article, under the condition that he presents to the federal executive power body, authorised to exert control and supervision in the area of taxes and fees, the documentation, substantiating the market level of the applied prices on controlled transactions, in conformity with the procedure, established in Article 105.15 of this Code, or in conformity with the procedure, established in the price formation agreement for taxation purposes.
Article 129.4. Illegal Non-Presentation of a Notification on Controlled Transactions and Presentation of Unauthentic Information in a Notification on Controlled Transactions
Illegal non-presentation by the taxpayer to the tax body of a notification on controlled transactions, made over a calendar year, within the fixed time term, or presentation by the taxpayer to the tax body of a notification on controlled transactions, containing unauthentic information,
- entails an exaction of a fine in an amount of 5,000 roubles.
Chapter 17. Costs Connected with Exercising Tax Control
Article 130. Abrogated from January 1, 2007. Federal Law No. 154-FZ of July 9, 1999 amended Article 131 of this Code The amendments shall enter into force upon the expiry of one month from the day of the official publication of the said Federal Law See the previous text of the Article
Article 131. Payment of Amounts Due to Witnesses, Interpreters, Specialists, Experts, and Attesting Witnesses
1. Travel expenses of witnesses, interpreters, specialist, experts, and attesting witnesses incurred by the latter in connection with their appearance at the office of the tax authority, as well as expenses on rental of housing accommodation and additional expenses connected with staying outside the place of permanent residence (per diem) shall be reimbursed.
2. Interpreters, specialist, and experts shall be remunerated for the work they did on the commission of a tax authority, if this work is not part of their normal job functions.
3. A person summoned to a tax agency as a witness continues to draw his/her wage at the principal job while such witness is absent from the job.
4. Amount due to witnesses, interpreters, specialists, experts, and attesting witnesses shall be paid by the tax authority upon fulfillment of their duties.
The payment procedure and amounts payable shall be determined by the Government of the Russian Federation and shall be financed from the federal budget.
See Regulations for Payment and the Rate of Payment for the Benefit of Witnesses, Translators, Specialists and Experts Invited to Take Part in Tax Control Actions approved by Decision of the Government of the Russian Federation No. 298 of March 16, 1999
Chapter 18. Types of Tax Offenses Committed by Banks Stipulated by the Legislation on Taxes and Fees and Liability for Committing them
Federal Law No. 229-FZ of July 27, 2010 defined the procedure for recovering of tax sanctions for breaching the legislation of taxes and fees in respect of which a decision of a tax authority is issued before the date when the said Federal Law enters into force and amount of the sanctions for tax offenses committed before the date when the said Federal Law enters into force
Article 132. Failure of a Bank to Comply with the Procedure for Opening an Account for
a Taxpayer 1. The opening by a bank of an account for an organisation or individual businessman, a
notary engaged in private practice or a solicitor who has founded a solicitor's study, without producing by such person a certificate (notification) of registration with a tax body, and also the opening of an account in the presence in the bank of a decision of the tax body on the suspension of transactions on the accounts of this person,
shall involve the exaction of a fine in the amount of 20,000 roubles. 2. Non-supply at the fixed time by a bank to a tax body of information about the opening
or the closing of an account, about changing requisite elements of an account by an organisation or individual businessman, a notary engaged in private practice or a solicitor who has founded a solicitor's study,
shall involve the exaction of a fine in the amount of 40,000 roubles.
Article 133. Failure to Meet the Deadline for Executing an Order to Remit a Tax (Fee), Advance Payment, Penalty and Fine
Failure of a bank to meet the deadline established by this Code for executing the order of a taxpayer (fee payer) or a tax agent, local administration or a federal postal communication organisation to remit a tax (fee), advance payment, penalty or fine shall entail imposition of a fine in the amount of 1/150 of the refinancing rate of the Central Bank of the Russian Federation but at most 0.2 per cent for each calendar day of delay.
Article 134. Failure of a Bank to Comply with a Decision of a Tax Authority to Suspend the Accounts of a Taxpayer, Fee Payer or Tax Agent
Execution by a bank, which has a decision by a tax authority to suspend accounts of a taxpayer, fee payer or tax agent, of an order of the latter to remit funds unconnected to the execution of the duties of paying the tax (advance payment), fee, penalty or fine, or any other payment order, which, in accordance with the Russian Federation legislation, has higher priority than payments to the budget system of the Russian Federation.
shall entail a fine in the amount of twenty percent of the amount remitted in accordance with the order of taxpayer, fee-payer or tax agent, or the amount of liability, whichever is higher, or in the mount of 20 thousand roubles, if there is no indebtedness.
According to Ruling of the Constitutional Court of the Russian Federation No. 257-O of December 6, 2001, the provisions of Items 1 and 2 of Article 135 of the Tax Code of the Russian Federation, cannot be interpreted as creating the possibility of repeatedly holding the banks responsible for one and the same offence, that is, they cannot be simultaneously applied by the court. This, however, does not exclude the possibility of their application individually on the grounds of an assessment of the actual circumstances of the case
Article 135. Non-fulfilment by a Bank of an Instruction of a Tax Authority on the Remittance of a Tax, Advance Payment, Fee, Penalty or Fine
1. The unlawful non-fulfilment by a bank of an instruction of a tax body on the remittance of a tax, advance payment, fee, penalty or fine within the period of time fixed by this Code,
shall involve the exaction of a fine at the rate of one hundred and fiftieth the refinancing rate of the Central Bank of the Russian Federation, but not more than 0.2 per cent for each calendar day of delay.
2. The commission by a bank of actions aimed at creating a situation of the absence of monetary funds on the account of a taxpayer, fee payer or tax agent, with regard to which the tax body has at the bank its letter,
shall involve the exaction of a fine in the amount of 30 per cent of the sum of money that
was received as a result of such actions.
Article 135.1. Non-Submission by a Bank to Tax Authorities of Statements (Abstracts) about Transactions and Accounts
Non-submission by a bank to a tax authority of statements on the presence of bank accounts and/or balances of monetary assets on accounts, of abstracts on transactions made on accounts in compliance with Item 2 of Article 86 of this Code and/or failure to report on balances of monetary assets on the accounts where transactions are suspended in compliance with Item 5 of Article 76 of this Code, as well as submission of statements (abstracts) without observing the deadline for it or statements (abstracts) containing unreliable data -
shall entail the exaction of a fine in the amount of 20 thousand roubles.
Article 135.2. Breach by the Bank of the Duties Connected with Electronic Money Resources
1. Granting of the right to the organisation, the individual entrepreneur, the notary who is engaged in private practice, or the lawyer who founded the lawyer's office to use the corporate electronic instrument of payment for transfers of electronic money resources without presentation by such a person of the certificate (notice) of registration with the tax body and the granting of the aforementioned right as well as in case of the presence with the bank of the decision of the tax body about the suspension of transfers of electronic money resources of such a person
shall entail the exaction of a fine in the amount of 20 thousand roubles. 2. The failure by the bank to notify in the course of the prescribed term the tax body of
the information on granting (termination) of the right of the organisation, the individual entrepreneur, the notary who is engaged in private practice, or the lawyer who founded the lawyer's office to use corporate electronic instruments of payment for transfers of electronic money resources, about change of payment details of the corporate electronic instrument of payment
shall entail the exaction of a fine in the amount of 40 thousand roubles. 3. The performance by the bank while in possession by it of the decision of the tax body
on the suspension of transfers of electronic money resources of the tax bearer, the payer of charges or tax agent of its instruction on the transfer of the electronic money resources not connected with the discharge of duties on tax payment (advance payment), charges, the delinquency penalties, fines,
shall entail the exaction of a fine in the amount of 20 percent of the sum remitted according to the instruction of the tax bearer, the payer of charges or tax agent, but not in excess of the sum of the debts, and in case of the absence of debts in the amount of 20 thousand roubles.
4. Unlawful non-performance by the bank in the term established by this Code of the instruction of the tax body on the transfer of electronic money resources
shall entail the exaction of a fine in the amount of one hundred and fiftieth the refinancing rate of the Central Bank of the Russian Federation, but not more than 0.2 percent for each calendar day of the delay.
5. Commission by bank of actions on the creation of the situation of absence of the balance of electronic money resources of the tax bearer, the payer of charges or tax agent in relation to which there is with the bank the instruction of the tax body,
shall entail the exaction of a fine in the amount of 30 percent of the sum that was not received as a result of such actions.
6. The failure by the bank to submit the statements on the balances of electronic money resources and about transfers of electronic money resources to the tax body according to Item
2 of Article 86 of the present Code and (or) the failure to notify about the balances of the electronic money resources the transfers of which are suspended according to Item 5 of Article 76 of this Code as well as the presentation of statements with the violation of the established term or of the statements containing misleading information,
shall entail the exaction of a fine in the amount of 10 thousand roubles.
Article 136. Procedure for Exaction of Fines and Penalty Interest from Banks The fines stated in Articles 132 - 135.2 shall be exacted in accordance with the
procedure similar to the one provided by this Code for the exaction of sanctions for the tax offences.
Section 7. Appealing Acts of Tax Authorities and Actions or Inaction on the Part of Tax Officers
Chapter 19. Procedure for Appealing Acts of Tax Authorities and Actions or Inaction on the Part of Tax Officers
Article 137. Right to Appeal Every person shall be entitled to appeal acts of tax authorities of a non-normative nature,
as well as actions or inaction of tax officials, if this person believes that such acts, actions of inaction infringe upon his rights.
Normative legal acts [regulations] of tax authorities can be appealed in accordance with the procedure provided for by the federal legislation.
Article 138. Procedure for Appeals 1. Acts of tax authorities, actions or inaction of tax officials can be appealed against to a
higher tax authority (higher tax official) or court. Filing a complaint to a higher tax authority (higher tax official) shall not rule out the right
to a simultaneous or subsequent filing of a similar complaint with a court, unless otherwise provided for by Article 101.2 of this Code.
2. Judicial appeals against acts (including normative acts) of tax authorities, actions or inaction of tax officials by organisations and individual entrepreneurs shall be performed by means of filing a statement of claim with a court of arbitrage in accordance with federal laws on arbitral procedure.
A participant in a consolidated group of taxpayers is entitled to dispute judicially the decision of a tax authority in respect of its calling to account for making a tax offence. A participant in a consolidated group of taxpayers that has applied to an arbitration court shall notify the other participants in this group about it, as well as about the judicial acts adopted in connection with it.
Judicial appeals against acts (including normative acts) of tax authorities, actions or inaction of tax officials made by individuals other than individual entrepreneurs shall be performed by means of filing a statement of claim with a court of general jurisdiction in accordance with the legislation on appealing against unlawful actions of government authorities and officials in court.
According to Ruling of the Constitutional Court of the Russian Federation No. 22-O of February 20, 2002, the expenses on representation in an arbitration court and on the rendering of legal services must be included in the composition of the losses that are subject to
compensation to the Part in whose favour the decision is awarded
3. In the event of appealing acts of tax authorities, actions of their officials with court on the application of a taxpayer (fee payer or tax agent), execution of appealed acts and making appealed actions may be suspended by court in the procedure established by the appropriate procedural legislation of the Russian Federation.
In the event of appealing acts of tax authorities or actions of their officials with a superior tax authority on the application of a taxpayer (fee payer or tax agent), the execution of appealed acts and making of appealed actions may be suspended by decision of a superior tax authority.
Article 139. Procedure and Deadline for Filing Appeals with Higher Tax Authorities or Higher Officials
See Regulations on considering tax disputes in pre-trial orders, approved by Order of the Ministry of Taxation of the Russian Federation No. BG-1-14/290 of August 17, 2001
1. An appeal against an act of a tax authority, actions or inaction of a tax officer shall be filed with the higher tax authority or a higher official of the same tax authority, respectively.
2. Unless otherwise provided for by this Code, an appeal to a higher tax authority (higher official) shall be filed within three months from the day when the person learned or ought to have learned of the violation of their interests. Documents supporting the complaint may be appended to this complaint.
In the case of failure to meet the deadline for appeal filing due to good reasons, the period allowed for appeal filing may be renewed at the request of the appellant by the head (deputy head) of the tax authority or by a superior tax authority.
An appeal against a decision of a tax authority on calling to account for committing a tax offence or a decision on the refusal to call to account for committing a tax offence shall be filed prior to the entry into force of the appealed decision.
An appeal against an effective decision of a tax authority on calling to account for committing a tax offence or a decision on the refusal to call to account for committing a tax offence which has not been appealed in the appellate procedure shall be filed within one year as of the time of rendering the appealed decision.
3. An appeal shall be submitted in written form to the relevant tax authority or official, unless otherwise provided for by this Item.
An appeal against the appropriate decision of a tax authority shall be filed with the tax authority that has issued this decision which shall be obliged within three days as of the date of receiving the said appeal to send it together with all materials to a superior tax authority.
4. The person who has filed an appeal to the superior authority or the superior official can withdraw it by written request, unless a ruling concerning that appeal has already been rendered.
Withdrawal of an appeal shall deprive the appellant of the right to file a new appeal based on the same reasons with the same tax authority or the same superior official.
A new appeal can be filed with a higher tax authority or higher official within the time limits provided for by Item 2 of this Article.
Chapter 20. Consideration of Appeals and Rendering Decisions
Article 140. Consideration of Appeals by Superior Tax Authorities or Superior Officials
On the procedure for examining the taxpayers' complaints, see Letter of the Ministry of Taxation of the Russian Federation No. VP-6-18/274 of April 5, 2001
1. An appeal shall be considered by the higher tax authority (higher official). 2. Based on the results of consideration of an appeal against an act of a tax authority, the
higher tax authority shall be entitled to: 1) dismiss the appeal; 2) cancel the act of the tax authority; 3) cancel the ruling and dismiss the tax case; 4) alter the decision or render a new decision. Based on the results of consideration of an appeal against actions or inaction of tax
officials, the higher tax authority or official shall be entitled to render a decision on the substance of the case.
On the basis of the results of considering an appeal against a decision a superior tax authority shall be entitled to do the following:
1) to leave the decision of a tax authority unchanged and to reject the appeal; 2) to reverse or change the decision of tax authority in full or in part and to render a new
decision on the case; 3) to reverse the decision of a tax authority and to terminate proceedings on the case. 3. A decision in respect of an appeal shall be rendered by a tax authority (official) within
one month as of the date of receiving it. The said time period may be extended by the head (deputy head) of a tax authority for the purpose of obtaining the documents (information) required for consideration of the appeal from lower tax authorities but by 15 days at most. The person that has filed an appeal shall be informed in writing about the rendered decision within three days as of the date of adopting it.
Article 141. Consequences of Appeal Filing 1. Filing an appeal with a superior tax authority or a superior official shall not suspend the
execution of the act or the action appealed against, except in cases set forth in this Code.
2. If the tax authority or tax official considering an appeal have ample grounds to believe that the act or action appealed against are not consistent with the legislation of the Russian Federation, the said tax authority shall be entitled to suspend the act or action appealed against in full or in part. The decision to suspend execution of the act (action) shall be taken by the head of the tax authority that passed the actor by a higher tax authority. The person that has filed an appeal shall be informed about the adopted decision in writing within three days as from the date when it is adopted.
Article 142. Consideration of Appeals in Court Appeals (statements of claim) against acts of tax control bodies, actions (inaction) of tax
officials filed with a court shall be considered and resolved in accordance with the federal law of civil procedure, arbitral procedure and other federal laws.
President of the Russian Federation B. Yeltsin
Moscow, the Kremlin
Federal Law No. 166-FZ of December 29, 2000 amended Part Two of the Tax Code of the Russian Federation. The amendments shall enter into force from January 1, 2001 See the previous text of Part Two of Tax Code
Part Two (with the Amendments and Additions of December 29, 2000, May 30, August 6, 7, 8,
November 27, 29, December 28, 29, 31, 2001, May 29, July 24, 25, December 24, 27, 31, 2002, May 6, 22, 28, June 6, 23, 30, July 7, November 11, December 8, 23, 2003, April 5,
June 29, 30, July 20, 28, 29, August 18, 20, 22, October 4, November 2, 29, December 28, 29, 30, 2004, May 18, June 3, 6, 18, 29, 30, July 1, 18, 21, 22, October 20, December 5, 6, 20, 31, 2005, January 10, February 28, March 13, June 3, 30, July 18, 26, 27, October 16,
November 3, 10, December 4, 5, 18, 29, 30, 2006, March 23, May 16, 17, July 19, 24, October 30, November 4, 8, 29, December 1, 4, 6, 2007, April 30, June 26, 30, July 22, 23, October 13, November 24, 26, December 1, 4, 22, 25, 30, 2008, March 14, April 28, June 3, 26, July 17, 18, 19, 24, September 27, October 30, November 9, 23, 25, 28, December 17, 27, 2009, April 5, 30, May 8, 19, June 2, 17, July 5, 27, 30, September 28, November 3, 8, 15, 27, December 28, 2010, March 7, April 21, June 3, 4, 7, 21, July 1, 11, 18, 19, 20, 21,
November 7, 16, 21, 28, 30, December 3, 6, 2011, March 30, 2012)
Adopted by the State Duma on July 19, 2000 Approved by the Federation Council on July 26, 2000
See Federal Law No. 118-FZ of August 5, 2000 on Entry into Force of Part Two of the Tax Code of the Russian Federation and on Introduction of Amendments into Certain Russian Federation Legislative Acts on Taxes
Section VIII. Federal Taxes
Chapter 21. Value-Added Tax
Article 143. Taxpayers
Federal Law No. 306-FZ of November 27, 2010 amended Item 1 of Article 143 of this Code. The amendments shall enter into force from January 1, 2011 but not earlier than upon the expiry of one month from the day of the official publication of the said Federal Law and not earlier than the first day of the next tax period for the value-added tax
1. The following shall be recognised as taxpayers for the purposes of value-added tax (hereinafter referred to as "taxpayers"):
organisations; individual entrepreneurs; persons recognised as taxpayers of the value-added tax (further in this Chapter - tax) in
connection with the movement of goods across the customs border of the Customs Union defined according to the customs legislation of the Customs Union and the customs legislation of the Russian Federation.
2. The following shall not be deemed taxpayers: the organisations that are foreign organisers of the XXII Winter Olympic Games and XI Winter Paralympic Games of 2014 in the town of Sochi in compliance with Article 3 of Federal Law No. 310-FZ of December 1, 2007 on the Organisation and Holding of the XXII Winter Olympic Games and XI Winter Paralympic Games of 2014 in the Town of Sochi, on the Development of the Town of Sochi as a Mountain Climatic Health Resort and on Amending Certain Legislative Acts of the Russian Federation or foreign market partners of the International Olympic Committee in compliance with Article 3.1 of
the cited Federal Law, as well as branches and representative offices in the Russian Federation of the foreign organisations that are foreign market partners of the International Olympic Committee in compliance with Article 3.1 of the cited Federal Law, in respect of the operations made within the framework of the organisation and holding of the XXII Winter Olympic Games and XI Winter Paralympic Games of 2014 in the town of Sochi.
Organisations that are official broadcasting companies in compliance with Article 3.1 of Federal Law No. 310-FZ of December 1, 2007 on the Organisation and Holding of the XXII Winter Olympic Games and XI Winter Paralympic Games of 2014 in the Town of Sochi, on the Development of the Town of Sochi as a Mountain Climatic Health Resort and on Amending Certain Legislative Acts of the Russian Federation shall not be deemed taxpayers in respect of the operations involved in making and dissemination of mass media products (in particular, as regards official television and radio broadcasting, including via digital and other communication channels) which are effected under a contract made with the International Olympic Committee or an organisation authorised by it within the period, while the XXII Winter Olympic Games and XI Winter Paralympic Games of 2014 in the town of Sochi are held, fixed by Part 2 of Article 2 of the cited Federal Law.
Article 144. Abrogated Article 145. Relief from Performing a Taxpayer's Duty
1. Organisations and individual businessmen have the right to relief from performing taxpayer's duties relating to tax accrual and payment thereof (hereinafter referred to in this Article as the relief), if the sum of proceeds from the sale of goods (works, services) of such organisations or individual businessmen less the tax has not exceeded an aggregate of 2,000,000 roubles for the three preceding calendar months in a row.
2. The provisions of this Article shall not extend to organisations or individual businessmen selling excisable goods within three preceding calendar months, as well as to the organisations cited in Article 145.1 of this Code.
Federal Law No. 306-FZ of November 27, 2010 amended Item 3 of Article 145 of this Code. The amendments shall enter into force from January 1, 2011 but not earlier than upon the expiry of one month from the day of the official publication of the said Federal Law and not earlier than the first day of the next tax period for the value-added tax
3. The relief in compliance with Item 1 of this Article shall not apply insomuch as it concerns the duties arising in connection with the import to the territory of the Russian Federation and other territories under its jurisdiction of goods taxable under Subitem 4 of Item 1 of Article 146 of this Code.
Persons contending to be relieved from taxpayer's duties shall file a relevant application in writing and the documents indicated in Item 6 of this Article, which support their right to such a relief, with the tax body at the place where they are registered.
The said application and documents shall be filed on the 20th day of the month at the latest, beginning from which these persons contend for being relieved from a taxpayer's duties.
The form of an application for relief from taxpayer's duties shall be subject to endorsement by the Ministry of Finance of the Russian Federation.
4. The organisations and individual businessmen which have filed with the tax body an application for relief from taxpayer's duties (or for extending the term of relief) may not reject this relief prior to the expiry of 12 calendar months in a row, except for the cases when they forfeit the right to relief under Item 5 of this Article.
Upon the expiry of 12 calendar months and on the 20th day of the next following month
at the latest, the organisations and individual businessmen which have been relieved from taxpayer's duties shall file with the tax bodies the following:
the documents confirming that within the said term of relief the sum of proceeds from the sale of goods (works, services) calculated in compliance with Item 1 of this Article less the tax did not exceed 2,000,000 roubles as an aggregate for each three calendar month in a row;
an application for enjoying the right to extend the term of relief to the next 12 calendar months or for the refusal to enjoy such right.
5. If within the period in which organisations and individual businessmen were relieved from taxpayer's duties, proceeds from the sale of goods (works, services) less the tax for each three calendar month in a row exceeds 2,000,000 roubles or if a taxpayer has sold excisable goods, the taxpayers, as of the first day of the month when such excess took place or the excisable goods were sold, and to the end of the relief term, shall cease to enjoy the right to the relief.
Federal Law No. 117-FZ of July 7, 2003 excluded excisable mineral raw materials from the list of taxation objects
The sum of the tax for the month in which said limit was exceeded or excisable goods and (or) excisable raw materials were sold shall be recovered and paid to the budget in the established manner.
Should a taxpayer fail to submit the documents specified in Item 4 of this Article (or should the taxpayer submit documents containing unreliable information), or if the tax bodies find that the taxpayer has not observed the limitations established by this Item and Items 1 and 4 of this Article, the sum of tax shall be recovered and paid to the budget in the established manner, with a relevant tax sanction and penalty being collected from the taxpayer.
6. The documents confirming in compliance with Items 3 and 4 of this Article the right to relief (to extension of the relief term) shall be as follows:
an extract from the balance sheet (to be submitted by organisations); an extract from the sales book; an extract from the book of receipts and expenditures and of economic operations (to be
submitted by individual businessmen); a copy of the register of received and issued invoices. As regards organisations and individual businessmen that have switched from the
simplified taxation system to the general tax regime, an extract from the book of receipts and expenditures of organsations and individual businessmen applying the simplified taxation system shall be deemed the document proving their right to relief.
As regards individual businessmen who have switched to the general taxation system from the taxation system for agricultural commodity producers (uniform agricultural tax), an extract from the book of receipts and expenditures of individual businessmen applying the taxation system for agricultural commodity producers (uniform agricultural tax) shall be deemed the document proving their right to relief.
7. In the cases provided for by Items 3 and 4 of this Article a taxpayer shall be entitled to send to the tax body the application and the documents by registered mail. In such case the sixth day as of the date of sending the registered letter shall be regarded as the date of their submission.
8. The amounts of the tax to be deducted by taxpayers in compliance with Articles 171 and 172 of this Code prior to their enjoying the right to relief under this Article with regard to goods (works, services), including fixed assets and intangible assets acquired for the purpose of making operations which are regarded as units of taxation in compliance with this Article but
have not been used for the said operations, after sending by the taxpayers an application for enjoying the right of relief shall be recovered in the last tax period prior to sending an application for enjoying the right to relief by way of reducing tax deductions.
The amounts of the tax paid in respect of the goods (works, services) acquired by taxpayers who have lost the right to relief in compliance with this Article prior to the loss of the said right and used by the taxpayers after their loss of this right in operations regarded as units of taxation in compliance with this Article shall be deducted in the procedure established by Articles 171 and 172 of this Code.
Article 145.1. Relief from Performing a Taxpayer's Duty of an Organisation That Has Obtained the Status of a Participant in the Project Involving Scientific Research Works, Development and Commercialization of Their Results
Federal Law No. 306-FZ of November 27, 2010 amended Item 1 of Article 145.1 of this Code. The amendments shall enter into force from January 1, 2011 but not earlier than upon the expiry of one month from the day of the official publication of the said Federal Law and not earlier than the first day of the next tax period for the value-added tax
1. An organisation that has obtained the status of a participant in the project involving scientific research works, development and commercialization of their results in compliance with the Federal Law on the Skolkovo Innovation Centre (hereinafter in this article referred to as a project participant) enjoys the right to be relieved from a taxpayer's duty connected with tax estimation and payment (hereinafter in this article referred to as the relief) for ten years as from the date of obtaining the status of a project participant in compliance with the cited Federal Law.
The relief provided for by this article shall not apply in respect of the duties arising in connection with import into the territory of the Russian Federation and other territories under its jurisdiction of commodities which are subject to taxation in compliance with Subitem 4 of Item 1 of Article 146 of this Code.
2. A project participant shall forfeit the right to the relief if: the status of project participant has been lost, from the time when such status is lost; the aggregate amount of profit of a project participant, estimated in compliance with
Chapter 25 of this Code as progressive total starting from the first day of the year in which the annual amount of proceeds from the sale of commodities (works, services, property rights) of this project participant exceeded a billion roubles, is in excess of 300 million roubles, from the first day of the tax period in which the cited aggregate amount of profit was exceeded;
The tax amount for the tax period, in which the status of project participant was lost or the cited excess of the aggregate amount of profit took place, is subject to restoration and payment to the budget in the established procedure, with the appropriate amount of penalties to be recovered from the project participant.
3. A project participant is entitled to use the right to the relief as from the first day of the month following the month when the status of a project participant was obtained.
A project participant that has started to use the right to the relief must forward to the tax authority at the place of registration thereof a notification in writing and the documents cited in Paragraph Two of Item 6 of this article at the latest on the 20th day of the month following the month starting from which the project participant started to use the right to the relief.
The form of the notification about the use of the right to the relief (about extension of duration of the right to the relief) shall be endorsed by the Ministry of Finance of the Russian Federation.
4. A project participant that has sent a notification of exercising the right to the relief (of extending the time period of relief) to a tax authority is entitled to reject the relief by sending an
appropriate notification to the tax authority at the place of registration thereof as a project participant at the latest on the first day of the tax period starting from which the project participant intends to reject the relief.
Such rejection shall be only possible with respect to all the operations made by a project participant.
The relief or its rejection depending on the purchaser (acquirer) of appropriate commodities (works, services) is not allowed.
The relief shall not be repeatedly granted to a project participant that has rejected it. 5. Upon the expiry of 12 calendar months, at the latest on the 20th day of the following
month, a project participant that has enjoyed the right thereof to the relief shall file the following with the tax authorities:
the documents cited in Item 6 of this article; a notification of extension of the exercise of the right to the relief within the subsequent
12 calendar months or on the rejection of the relief. If a project participant has not presented the documents cited in Item 6 of this article or
has presented documents containing unreliable data, as well as if the circumstances cited in Item 2 of this article are present, the tax amount is subject to restoration and payment to the budget in the established procedure, with the appropriate amounts of penalties being recovered from the project participant.
6. As documents proving the right to the relief (to the extension of the time period of the relief) in compliance with Items 3 and 5 of this article shall be deemed the following:
the documents proving the status of a project participant and provided for by the Federal Law on the Skolkovo Innovation Centre;
an extract from the register of receipts and expenditures or a profit and loss report of a project participant proving the annual amount of proceeds from the sale of commodities (works, services, property rights).
A project participant, starting from the year following the year in which the annual volume of proceeds from selling commodities (works, services, property rights) received by the project participant, exceeds a billion roubles must also present to the tax authority simultaneously with the documents cited in Paragraphs Two and Three of this item the estimate of the total amount of profit provided for by Item 18 of Article 274 of this Code which is computed as progressive total starting from the first day of the year in which the annual volume of proceeds received by this project participant exceeded a billion roubles.
7. Where it is provided for by Items 3 and 5 of this article, a project participant is entitled to forward the notification and documents to a tax authority by registered mail. In such case the date of their filing with the tax authority shall be deemed the sixth day after the date when the registered mail was sent.
8. The tax amounts deemed deductible by a project participant in compliance with Articles 171 and 172 of this Code before exercising the right to the relief in compliance with this article, in respect of commodities (works, services), in particular in respect of the fixed assets and intangible assets acquired for the purpose of making operations, which are recognized as tax objects in compliance with this chapter and not used for the cited operations, after the project participant sends a tax authority notification of exercising the right to the relief, are subject to restoration in the last tax period before sending the tax authority a notice of exercising the right to the relief by way of reducing tax deductions.
The tax amounts paid in respect of the commodities (works, services) acquired by a project participant that has lost the right to the relief in compliance with this article, before the loss of the cited right and used by him after the loss of the cited right in making operations recognized as tax objects in compliance with this article, shall be deductible in the procedure
established by Articles 171 and 172 of this Code.
Federal Law No. 57-FZ of May 29, 2002 amended Article 146 of this Code The amendments shall enter into force upon the expiry of one month from the day of the official publication of the said Federal Law and shall extend to the legal relations arising from January 1, 2002 See the previous text of the Article
Article 146. The Object of Taxation 1. The following operations shall be defined as items of taxation: 1) sale of goods (works, services) on the territory of the Russian Federation, including the
sale of subjects of a pledge and transfer of goods (results of performed works, rendered services) under a compensation agreement or a novation, as well as the transfer of property rights.
For the purposes of this Chapter, the transfer of title to goods, results of performed works, rendered services on gratuitous basis shall be redefined as sale of goods (works, services);
2) the transfer of goods (performance of works, provision of services) on the territory of the Russian Federation for own purposes in respect of which expenses are not accepted for offset (in particular, as depreciation deductions) when the tax on the profit of organisations is being calculated;
3) performance of construction and erection works for own consumption;
4) import of goods to the territory of the Russian Federation and other territories under its jurisdiction.
2. For the purposes of this Chapter, the following shall not be recognised as an object of taxation:
1) operations listed in Item 3 of Article 39 of this Code; 2) transfer on a gratuitous basis of apartment houses, nursery schools, clubs,
sanatoriums and other facilities of social and cultural housing purposes and also roads, electrical grids, substations, gas networks, water intake facilities and other similar objects to public authorities and bodies of local self-government (or by decision of said bodies to specialized organisations operating the aforesaid facilities as per their purpose);
3) transfer of property of the state and municipal enterprises redeemed by way of privatization;
4) performance of works (rendering of services) to bodies which are included in the system of public authorities and bodies of local self-government within the framework of execution of exceptional authority in a specific area of activities assigned to them, if the mandatory nature of executing said works (rendering of services) is stipulated by legislation of the Russian Federation, legislation of subjects of the Russian Federation, or laws of bodies of local self-government;
4.1) the performance of works (provision of services) by state institutions, and also budget-supported and autonomous institutions within the framework of a state (municipal) assignment which has a subsidy out of the relevant budget of the budget system of the Russian Federation as the source of its financing;
4.2) rendering the services involved in granting to transport vehicles the right of passage along public toll motor roads of federal importance (toll sections of such motor roads) which are
provided in compliance with an agreement of trust management of motor roads initiated by the Russian Federation, except for the services the payment for which remains at the disposal of the concessioner in compliance with a concession agreement;
Federal Law No. 245-FZ of July 19, 2011 reworded Subitem 5 of Item 2 of Article 146 of this Code. The new wording shall enter into force upon the expiry of a month after the date when the said Federal Law is officially published and at the earliest on the first day of the next tax period for value added tax
5) transfer on a gratuitous basis and rendering the services involved in transfer for gratuitous use of fixed assets to state power bodies and administrative bodies, to local authorities, as well as to state and municipal institutions, state and municipal unitary enterprises;
6) transactions in the sale of land plots or shares thereof. 7) the transfer of the property rights of the organisation to its successor or successors;
8) the transfer of funds or immovable property for the purpose of forming or replenishing the earmarked capital of a not-for-profit organisation in the procedure established by Federal Law No. 275-FZ of December 30, 2006 on the Procedure for Forming and Using the Earmarked Capital of Not-for-Profit Organisations;
8.1) the transfer of immovable property in the event of dissolution of the earmarked capital of a not-for-profit organisation, the cancellation of a donation or in another case when the return of such property that has been transferred for the purpose of replenishing the earmarked capital of the not-for-profit organisation is envisaged by a contract of donation and/or Federal Law No. 275-FZ of December 30, 2006 on the Procedure for the Formation and Use of the Earmarked Capital of Not-for-Profit Organisations. The norm of this subitem is applicable when such property is transferred by a not-for-profit organisation being the owner of a earmarked capital to a donor, his heirs (successors) or another not-for-profit organisation in accordance with Federal Law No. 275-FZ of December 30, 2006 on the Procedure for the Formation and Use of the Earmarked Capital of Not-for-Profit Organisations;
The provisions of Subitem 9 of Item 2 of Article 146 of this Code shall cover legal relations arising from January 1, 2008 and shall apply up to January 1, 2017
9) operations for the sale of goods (works, services) and property rights which are made by approbation of the persons which are foreign organisers of the Olympic Games and Paralympic Games in compliance with Article 3 of the Federal Law on the Organisation and Holding of the XXII Winter Olympic Games and XI Winter Paralympic Games of 2014 in the Town of Sochi, on the Development of the Town of Sochi as a Mountain Climate Health Resort and on Amending Certain Legislative Acts of the Russian Federation by taxpayers which are Russian organisers of the Olympic Games and Paralympic Games in compliance with Article 3 of the Federal Law on the Organisation and Holding of the XXII Winter Olympic Games and XI Winter Paralympic Games of 2014 in the Town of Sochi, on the Development of the Town of Sochi as a Mountain Climate Health Resort and on Amending Certain Legislative Acts of the Russian Federation, within the framework of discharging obligations under the agreement made by the International Olympic Committee with the Olympic Committee of Russia and the town of Sochi in respect of holding the XXII Winter Olympic Games and XI Winter Paralympic Games of 2014 in the town of Sochil;
10) rendering services involving the transfer for gratuitous use to non-profit organisations for exercising authorised activities thereof state property which is not assigned to state
enterprises and institutions and which forms part of the public treasury of the Russian Federation, treasury of a republic within the composition of the Russian Federation, treasury of a territory, region, city of federal importance, autonomous region and autonomous area, as well as municipal property which is not assigned to municipal enterprises and institutions and which forms part of the municipal treasury of a corresponding urban settlement, rural settlement or other municipal entity;
11) carrying out works (rendering services) within the framework of additional activities aimed at reducing tensions in the labour market of constituent entities of the Russian Federation which are exercised in compliance with decisions of the Government of the Russian Federation.
12) operations involved in the sale (transfer) in the territory of the Russian Federation of the state or municipal property which is not assigned to state enterprises and institutions and constitutes the public treasury of the Russian Federation, the treasury of a republic within the Russian Federation, the treasury of a territory, region, a city of federal importance, autonomous region or autonomous area, as well as of the municipal property which is not assigned to municipal enterprises and institutions and constitutes the municipal treasury of an appropriate urban and rural settlement or other municipal entity purchased in the procedure established by Federal Law No. 159-FZ of July 22, 2008 on the Details of Alienation of the Immovable Property Items in the State Ownership of Subjects of the Russian Federation or Municipal Ownership and Leased by Small and Medium Businesses and on Amending Certain Legislative Acts of the Russian Federation.
Federal Law No. 245-FZ of July 19, 2011 amended Article 147 of this Code. The amendments shall enter into force upon the expiry of a month after the date when the said Federal Law is officially published and at the earliest on the first day of the next tax period for value added tax
Article 147. The Place of Sale of Goods For the purposes of this Chapter, the territory of the Russian Federation shall be
recognised as the place of sale of goods if one or several of the circumstances given below exist:
the goods are located on the territory of the Russian Federation and other territories under jurisdiction thereof and are not shipped, and are not transported;
the goods at the time of beginning of the shipment or transportation are located on the territory of the Russian Federation and other territories under jurisdiction thereof.
Paragraph four is excluded.
Article 148. The Place of Execution of Works (Rendering Services) 1. For the purposes of this Chapter the territory of the Russian Federation shall be
recognised as the place of sale of works (services) performed if: 1) works (services) are connected directly to real estate (except for aircraft, sea ships
and internal navigation ships and also spacecraft) located on the territory of the Russian Federation. Such works (services), in particular, shall include civil engineering, assembly, construction and erection, repair, restoration works, the planting of trees and shrubs, lease services;
2) the works (services) are associated with movable property, with aircraft, sea-going and inland ships on the territory of the Russian Federation. Such works (services) include, in particular, assembly, erection, processing, thorough revision, repair and technical maintenance;
3) services actually performed on the territory of the Russian Federation in the area of culture, arts, education (instruction), physical culture, tourism, recreation and sports;
Federal Law No. 245-FZ of July 19, 2011 amended Subitem 4 of Item 1 of Article 148 of this Code. The amendments shall enter into force upon the expiry of a month after the date when the said Federal Law is officially published and at the earliest on the first day of the next tax period for value added tax
4) a buyer of works (services) operates on the territory of the Russian Federation. The place of activity of the buyer shall be considered the territory of the Russian
Federation if the buyer of works (services) specified in these Subitems is actually located on the territory of the Russian Federation on the basis of state registration of an organisation or individual entrepreneur, and if such is not available - on the basis of the place indicated in constituent instruments of the organisation, the place of management of the organisation, seat of its permanent executive board, location of its permanent representation (if the services are rendered through this permanent representation), place of residence of the natural person. The provision of this Subitem shall apply to:
the transfer, granting of patents, licences, trademarks, copyrights or other similar rights; the rendering of services (carrying out of works) for working out programmes for personal
computers and databases (softwares and information products of computer technology), their adaptation and modification;
rendering consulting, legal, accounting, auditing, engineering, advertising, marketing, education services, services in the processing of information, and also in the performance of research and development works. Engineering services shall include engineering and consulting services in the development of a production process and sale of products (works, services), preparation of civil engineering and operation of facilities in industry, infrastructure, agricultural and other objects, predesign and design services (drafting of feasibility studies, the design engineering and other similar services). Services in the processing of information shall include services in the collection, generalization and systematization of information files and furnishing the user with results of this information processing;
leasing of personnel if the personnel works at the place of business activity of the buyer; letting out movable property, except for ground motor vehicles; rendering services of an agent who on behalf of the principal participant of the contract
would hire a person (organisation or natural person) to render services stipulated by this Subitem;
abrogated. Transfer of emission reduction units (of the rights to emission reduction units) received
within the framework of implementation of projects aimed at the reduction of anthropogenic emissions or at an increase of absorption by green house gases' absorbers in compliance with Article 6 of the Kyoto Protocol to the UN Framework Convention on Climate Change;
4.1) the services directly involved in carriage and/or transportation, as well as the services (works) which are directly connected with carriage and/or transportation (except for the services (works) directly connected with carriage and/or transportation of goods moved under the customs treatment of customs transit when carrying goods from the place of their arrival at the territory of the Russian Federation to the place of their departure from the territory of the Russian Federation and the services cited in Subitem 4.3 of this item) shall be rendered (carried out) by Russian organizations or individual businessmen, if the point of departure and/or the point of destination are located in the territory of the Russian Federation or by foreign persons which are not registered with tax authorities as taxpayers, if the point of departure and the point of destination are located in the territory of the Russian Federation (except for the services involved in passenger and baggage carriage which are not rendered by a foreign person through a permanent representative office of this foreign person).
The territory of the Russian Federation shall be also recognised as a place of the realisation of services, if transport vehicles are provided under freight contract that presupposes the carriage (transportation) on these transport vehicles by Russian organisations and individual businessmen and the point of departure and/or the point of destination are to be found on the territory of the Russian Federation. In this case aircraft, sea-going and inland ships used for the carriage of goods and/or passengers by the water (sea and river) and the air transport shall be recognised as transport vehicles;
4.2) the works (services) directly involved in carriage and transportation of goods placed under the customs treatment of customs transit (except for the services cited in Subitem 4.3 of this item) when carrying goods from the place of their arrival at the territory of the Russian Federation to the place of their departure from the territory of the Russian Federation shall be rendered (carried out) by organizations or individual businessmen for which the territory of the Russian Federation is recognized as the place where they exercise their activities;
Federal Law No. 245-FZ of July 19, 2011 supplemented Item 1 of Article 148 of this Code with Subitem 4.3. The Subitem shall enter into force upon the expiry of a month after the date when the said Federal Law is officially published and at the earliest on the first day of a regular tax period for the value added tax and shall extend to the legal relations arising from January 1, 2011
4.3) the services involved in arranging natural gas transportation by pipeline transport over the territory of the Russian Federation shall be rendered by Russian organisations;
Federal Law No. 245-FZ of July 19, 2011 amended Subitem 5 of Item 1 of Article 148 of this Code. The amendments shall enter into force upon the expiry of a month after the date when the said Federal Law is officially published and at the earliest on the first day of a regular tax period for the value added tax and shall extend to the legal relations arising from January 1, 2011
5) activity of organisations or individual entrepreneurs that perform works (render services) shall be performed on the territory of the Russian Federation (as regards the performance of types of works (rendering of types of services) not stipulated by Subitems 1 - 4.1, 4.3 of this Item.
Federal Law No. 245-FZ of July 19, 2011 amended Item 1.1 of Article 148 of this Code. The amendments shall enter into force upon the expiry of a month from the date when the said Federal Law is officially published and at the earliest on the first day of a regular tax period for value added tax
1.1. Unless otherwise provided for by Item 2.1 of this article, for the purposes of this Chapter the territory of the Russian Federation shall not be recognised as a place for the realisation of works (services), if:
1) the works (services) are associated directly with real estate (except for aircraft, sea- going and inland ships, and also space vehicles) located outside the Russian Federation. Such works (services) include, in particular, building, assembly, erection and assembly, repair, restoration, landscape and shade gardening works, and lease services;
2) works (services) are connected directly with movable property located outside the Russian Federation, and also with aircraft, sea-going and inland water ships located outside the Russian Federation. Such works (services) include, in particular, assembly, erection, processing, through revision, repair and technical maintenance;
3) services are rendered in fact outside the Russian Federation in the sphere of culture, act, education (instruction), physical culture, tourism, rest and sport;
4) the buyer of works (services) does not carry on the activity on the territory of the 'Russian Federation. The provision of this subitems shall apply during the performance of those works and services which are listed in Subitem 4 in Item 1 of this Article:
Federal Law No. 245-FZ of July 19, 2011 amended Subitem 5 of Item 1.1 of Article 148 of this Code. The amendments shall enter into force upon the expiry of a month from the date when the said Federal Law is officially published and at the earliest on the first day of a regular tax period for the value added tax and shall extend to the legal relations arising from January 1, 2011
5) The services of carriage (transportation) and the services (works) directly connected with carriage, transportation, freightage are not listed in Subitems 4.1 - 4.3 of Item 1 of Item 1 of this Article.
Federal Law No. 245-FZ of July 19, 2011 amended Item 2 of Article 148 of this Code. The amendments shall enter into force upon the expiry of a month from the date when the said Federal Law is officially published and at the earliest on the first day of a regular tax period for the value added tax
2. The territory of the Russian Federation shall be considered the place of activity of an organisation or individual entrepreneur performing various types of work or rendering various types of service not stipulated by Subitems 1 - 4.1 of Item 1 of this Article if this organisation or individual entrepreneur is actually present on the territory of the Russian Federation on the basis of state registration, and if such is not available - on the basis of the place stated in constituent documents of the organisation, place of management of the organisation, seat of the organisation's permanent executive board, location of its permanent representation in the Russian Federation (if the works were performed (the services were rendered) through this permanent representation) or place of residence of the natural person.
For the purposes of this Chapter, as the place of the activity performed by the organisation or individual entrepreneur which let use aircraft, sea ships or inland navigation vessels under lease contracts (time chartering) with a crew shall not be recognised the territory of the Russian Federation, if the cited vessels are used outside the territory of the Russian Federation for taking (catching) aquatic biological resources and/or for scientific research purposes or for carriage between points situated outside the territory of the Russian Federation.
Federal Law No. 245-FZ of July 19, 2011 supplemented Article 148 of this Code with Item 2.1. The Item shall enter into force upon the expiry of a month after the date when the said Federal Law is officially published and at the earliest on the first day of a regular tax period for value added tax
2.1. For the purposes of this chapter, as the place of exercising works (services) shall be recognized the territory of the Russian Federation, if the works are carried out and the services are rendered for the purpose of geological survey, exploration and extraction of hydrocarbon materials on the subsoil plots located in full or in part on the continental shelf and/or in the exclusive economic zone of the Russian Federation. The provisions of this item shall extend to the following kinds of works (services):
1) the works (services) carried out (rendered) on the continental shelf plots and/or in the exclusive economic zone of the Russian Federation involved in the creation, making fit for use (operation), maintenance, repair, reconstruction, modernization, technical re-equipment (other kinds of works of capital nature) of artificial islands, installations and structures, as well as other property located on the continental shelf and/or in the exclusive economic zone of the Russian Federation;
2) the works (services) involved in the extraction of hydrocarbon materials;
3) the words (services) involved in preparation (primary treatment) of hydrocarbon materials;
4) the words "services) involved in carriage and/or transportation of hydrocarbon materials from the points of departure located on the continental shelf of the Russian Federation and/or in the exclusive economic zone of the Russian Federation, as well as the works (services) directly involved in such carriage and/or transportation carried out (rendered) by Russian and/or foreign organizations.
Federal Law No. 245-FZ of July 19, 2011 reworded Item 3 of Article 148 of this Code. The new wording shall enter into force upon the expiry of a month from the date when the said Federal Law is officially published and at the earliest on the first day of a regular tax period for value added tax
3. Where an organisation or individual businessman are engaged in carrying out (rendering) several kinds of works (services) and where realisation of some kinds of works (services) is of auxiliary nature with respect to realisation of other works (services), as the place of realization of auxiliary works (services) shall be recognized the place of realisation of principal kinds of works (services).
4. Documents confirming the place of performance of works (of rendering of services) are:
1) a contract with foreign or Russian persons; 2) documents confirming the fact of performance of works (of rendering of services).
Article 149. Operations Which Are Not Taxable (Exempted from Taxation) 1. Not subject to taxation (exempt from taxation) letting out premises by a lessor on the
territory of the Russian Federation to foreign subjects or to organisations accredited in the Russian Federation.
The provisions of Paragraph One of this Item shall apply when the law of a corresponding foreign state establishes a similar procedure concerning citizens of the Russian Federation and Russian organisations accredited in this foreign state, or if such a standard is stipulated by an international treaty (agreement) of the Russian Federation. The list of foreign states in relation to whose citizens and (or) whose organisations are applied the norms of this Item shall be defined by the federal body of executive authorities in the area of international relations jointly with the Ministry of Finance of the Russian Federation.
2. Not subject to taxation (tax exempt) shall be the sale (and also transfer, performance, rendering for own needs) on the territory of the Russian Federation of:
1) the following domestic and foreign-made medical goods as per under the list approved by the Government of the Russian Federation:
major and vitally essential medical equipment;
See the List of Major and Vitally Necessary Medical Equipment, the Sale of Which Is Not Liable to the Value-added Tax on the Territory of the Russian Federation approved by Decision of the Government of the Russian Federation No. 19 of January 17, 2002
artificial limbs and orthopedic articles, raw materials for their manufacture and semi- finished articles for the above;
technical facilities, including motor vehicles, materials which can be used only for disability prevention or rehabilitation of invalids;
See the List of Technical Appliances Used Exclusively for the Prophylaxis of Disability or for
the Rehabilitation of Invalids, Whose Realization Shall Not Be Subject to Imposition with the Value-Added Tax, approved by Decision of the Government of the Russian Federation No. 998 of December 21, 2000
glasses (except for sun glasses), lenses and rims for glasses (except sunglasses);
See the List of Lenses and Frames for Spectacles (Except Sun Glasses) Whose Realisation Shall Not Be Subject to Imposition with Value-Added Tax approved by Decision of the Government of the Russian Federation No. 240 of March 28, 2001
2) medical services rendered by medical organisations and/or institutions, physicians engaged in private medical practice except for beauty treatment, veterinary and sanitary-and- epidemiological services. Limitations established by this Subitem shall not apply to veterinary and sanitary-and-epidemiological services funded from the budget. For the purposes of this Chapter, the following shall be referred to as medical services:
services defined by the list of services granted under obligatory medical insurance; services rendered to the population in diagnostics, prevention and treatment irrespective
of forms and sources of payment for such under the list approved by the Government of the Russian Federation;
services in the collection of blood from the population which are rendered under agreements with stationary medical establishments and by out-patient departments;
first aid services rendered to the population; services in the duty of medical staff at a patient's bed; pathology-anatomic services; services rendered to pregnant women, infants, disabled persons and drug addicts under
treatment;
3) the services of providing care to sick, disabled and old-age persons whose need for care is confirmed by relevant statements of public-health organisations, social-protection bodies and/or federal medical and social protection institutions;
4) the services of providing support to children in the educational organisations implementing a basic pre-school general-education curriculum, the services of holding classes attended by minor children in circles, sections (including sporting ones) and art groups;
5) the foodstuffs directly produced by the catering facilities of educational and medical organisations and sold by them in said organisations and also the foodstuffs directly produced by public catering organisations and sold by them to said catering facilities or organisations;
6) services in conservation, acquisition and use of archives rendered by archive establishments and organisations;
7) services in the carriage of passengers: by urban public passenger transport (except for taxis, as well as mini-buses). For the
purposes of this Article, services in the carriage of passengers by urban public passenger transport shall include services in the carriage of passengers under uniform conditions of carriage of passengers, including at single travel tariffs established by bodies of local self- government which grant all privileges for travel approved in due order;
seagoing, river, railway or motor transport (except for taxis, as well as mini-buses) in suburban transport, provided passengers are carried at single tariffs and all travel privileges are granted as approved in due order;
8) undertaker's services, works (services) in the manufacture of gravestone monuments
and registration of graves, and also sale of funeral accessories (according to a list endorsed by the government of the Russian Federation);
9) postage stamps (except for collectable stamps), marked cards and marked envelopes, lottery tickets of lotteries conducted by decisions of the authorised body;
10) services in the provision of living quarters in the housing stock of all forms of ownership;
11) coins made of precious metals which are a legal cash payment instrument of the Russian Federation or of a foreign state (a group of states);
12) shares in the authorised (pooled) capital of organisations, shares in unit funds of co- operatives and unit investment funds, securities and financial instruments of time transactions, except for the base asset of financial instruments of time transactions which is subject to value- added tax.
For the purposes of this Chapter, as the sale of the financial instrument of a time transaction shall be deemed the sale of its base asset, as well as payment of the sums of premiums under a contract, of the sums of variation margin, other periodical or one-time payments by the parties to the financial instrument of the time transaction which are not considered as payment for the base asset in compliance with the terms of the financial instrument of the time transaction.
Financial instruments of time transactions, as well as the base asset thereof, shall be defined in compliance with Item 1 of Article 301 of this Code;
12.1) depository services rendered by a custodian of assets of the International Monetary Fund, the International Bank for Reconstruction and Development and the International Development Association within the framework of articles of the Agreement of the International Monetary Fund, the International Bank for Reconstruction and Development and the International Development Association;
13) services rendered without collection of an extra charge to repair and maintain goods and household devices, including medical goods during their warranty period, including the cost of spare parts and details for such;
14) the services in the area of education provided by not-for-profit educational organisations in terms of implementing general-education and/or vocational curricula (basic and/or supplementary), the vocational training curricula specified in a licence or upbringing process and also the supplementary educational services corresponding to the level and orientation of the curricula specified in a licence, except for consulting services and premises leasing services.
The sale by not-for-profit educational organisations of goods (works and services) both of their own manufacture (produced by educational enterprises, for instance education and production workshops, within the framework of basic and supplementary training processes) and purchased from outside is subject to taxation, irrespective of the income from such sale being provided to the given educational organisation or towards direct needs for the promotion of development and the improvement of the teaching process, except as otherwise envisaged by this Code;
14.1) the services of providing social services to minor children; the services of supporting and providing social services to senior citizens, disabled persons, neglected children and the other persons in a difficult life situation who are deemed as such according to the legislation of the Russian Federation on the provision of social services and/or the legislation of
the Russian Federation on the prevention of the neglect of minors and delinquency; the services of detecting minors in need of the establishment of guardianship or tutelage
over them, including an inspection of the living conditions of such minor citizens and the families thereof;
the services of detecting adult citizens lacking capacity or having limited capacity who are in need for the establishment of guardianship or tutelage over them, including an inspection of the living conditions of such citizens and the families thereof;
the services of selecting and training the citizens who have expressed their intent to become guardians or tutors of minor citizens or accept children left without parental care in a foster family in the other forms established by the family legislation of the Russian Federation;
the services of selecting and training the citizens who have expressed their intent to become guardians or tutors of adult citizens lacking capacity or having limited capacity;
the services to the public in terms of organising and holding physical-education, physical- education and health-rehabilitation and sporting events;
the services of vocational training, re-training and qualification upgrading provided on a letter of referral of employment service bodies;
Federal Law No. 245-FZ of July 19, 2011 reworded Subitem 15 of Item 2 of Article 149 of this Code. The new wording shall enter into force on January 1, 2012
15) the works (services) involved in conservation of a cultural heritage unit (historical and cultural monument) of peoples of the Russian Federation included into the comprehensive state register of cultural heritage units (historical and cultural monuments) of peoples of the Russian Federation (hereinafter referred to in this chapter as cultural heritage units), or of a detected cultural heritage unit effected in compliance with the requirements of Federal Law No. 73 of June 25, 2002 on Cultural Heritage Units (Historical and Cultural Monuments) of Peoples of the Russian Federation, of religious buildings and structures used by religious organizations, these including conservation, anti-damage, repair and restoration works, as well as those involved in making a cultural heritage unit or a detected cultural heritage unit fit for present-day use, recovery archeological field works, including scientific research, survey, design and production works, scientific guidance of the works involved conservation of a cultural heritage unit or of a detected cultural heritage unit, technical and author's supervision over carrying out of these works at cultural heritage units and detected cultural heritage units.
The realization of the works (services) cited in this subitem is not subject to taxation (is exempted from taxation), if the following documents are filed with tax authorities:
a reference note proving that a unit pertains to the cultural heritage units included in the comprehensive state register of cultural heritage units (historical and cultural monuments) of peoples of the Russian Federation or a reference note proving that a unit pertains to detected cultural heritage units issued by the federal executive power body authorized by the Government of the Russian Federation as to conservation, use, popularization and state protection of cultural heritage units or by the state power body of a constituent entity of the Russian Federation authorized as to conservation, use, popularization and state protection of cultural heritage units in compliance with Federal Law No. 73 of June 25, 2002 on Cultural Heritage Units (Historical and Cultural Monuments) of Peoples of the Russian Federation";
a copy of the agreement on carrying out the works cited in this subitem; 16) works performed during the sale of target-oriented socio-economic programs
(projects) of housing construction for servicemen within the framework of implementation of aforesaid programs, including:
works in the construction of social, cultural purpose or amenities and the associated infrastructure;
works in the creation, construction and maintenance of centers for professional retraining
of servicemen, persons discharged from military service and members of their families. Operations listed in this Subitem are not subject to taxation (are exempted from taxation),
provided these works are financed solely and directly to the charge of loans or credits granted by international organisations and/or governments of foreign states, foreign organisations or natural persons pursuant to inter-governmental or interstate agreements, a party to which is the Russian Federation, and also agreements signed by authorised bodies of state administration on instruction of the Government of the Russian Federation;
17) services rendered by bodies authorised thereto, for which a state duty is collected, all kinds of licence, registration and patent fees and charges, customs fees for storage and also tolls and duties collected by state bodies, bodies of local self-government, by other authorised bodies and officials when granting certain rights to organisations and natural persons (including payments to the budgets for the right to use natural resources);
17.1) services involved in accreditation of operators of the technical inspection to be rendered in compliance with the legislation in respect of the technical inspection of transport vehicles by the professional association of insurers established in compliance with Federal Law No. 40-FZ of April 25, 2002 on Obligatory Insurance of Civil Liability of Transport Vehicles' Owners and for which payment for accreditation shall be collected;
17.2) services involved in the conduct of the technical inspection to be rendered by technical inspection operators in compliance with the legislation on the technical inspection of transport vehicles;
18) goods placed under the customs procedure of duty free shop; 19) goods (works, services) except for excisable goods sold (performed, rendered) within
the framework of rendering gratuitous help (assistance) to the Russian Federation according to the Federal Law on Gratuitous Help (Assistance) to the Russian Federation and Addenda and Amendments to Certain Laws of the Russian Federation on Taxes and on the Establishment of Privileges under the Payments to State Extra-Budgetary Funds in Connection with the Granting of Gratuitous Help (Assistance) to the Russian Federation.
Sale of goods (works, services) listed in this Subitem shall not be taxable (exempted from taxation) upon submission to the tax authorities of the following documents:
the contract (a copy of the contract) of the taxpayer with the donor (the organisation authorised by the donor) on gratuitous aid (assistance) or with the recipient of gratuitous aid (assistance) in the supply of goods (the performance of works or the rendering of services) within the framework of rendering gratuitous aid (assistance) to the Russian Federation. If a federal executive body of the Russian Federation is a recipient of gratuitous aid (assistance), the contract (a copy of the contract) with the organisation authorised by this federal executive body shall be submitted to the respective tax body;
certificate (notarized copies of the certificate) issued in due order and confirming that the delivered goods (performed works, rendered services) are classed as humanitarian or technical help (assistance);
Abrogated from January 1, 2010; 20) the services provided by the organisations pursuing their activities in the area of
culture and the arts, which are as follows: the services of offering for hire audio and video media from the stocks of organisations
pursuing their activities in the area of culture and the arts, audio equipment, musical instruments, stage technical facilities, costumes, footwear, stage properties, props, wigmaker's accessories, cultural implements, animals, exhibits and books; the services of making copies for educational purposes and teaching aids, photocopying, reproduction, copying, micro-copying
from printed matter, museum exhibits and documents from the stocks of organisations pursuing activities in the area of culture and the arts; the services of the audio recording of theatre-show, culture-enlightenment and entertainment events, of making copies of audio records from the audio libraries of organisations pursuing activities in the area of culture and the arts; the services of delivering to readers and from readers printed matter from the stocks of libraries; the services of preparing lists, statements and directories of the exhibits, materials and other items and collections constituting a stock of organisations pursuing activities in the area of culture and the arts; the services of offering for lease show and concert venues to other organisations pursuing activities in the area of culture and the arts; the services of distributing tickets specified in Paragraph 3 of this subitem;
the sale of entry tickets and season tickets for attending theatre-show, culture- enlightenment and entertainment events, amusement-park facilities in zoological gardens and culture and recreation parks, excursion tickets and excursion vouchers whose design has been endorsed in the established procedure as a strict-accountability form;
the sale of the programmes of performances and concerts, catalogues and booklets. For the purposes of this subitem the following are deemed organisations pursuing
activities in the area of culture and the arts: theatres, cinemas, concert organisations and groups, theatre and concert box-offices, circuses, libraries, museums, exhibitions, houses and palaces of culture, clubs, houses (for instance, houses of cinema, writers and composers), planetariums, culture and recreation parks, auditoria and people's universities, excursion bureaus (except for tourist excursion bureaus), reserves, botanical gardens and zoological gardens, national parks, nature parks and landscape parks;
21) works (services) in the production of cine-products performed (rendered) by organisations of cinematography, of rights to use (including hire and show) cine-products which have received the national film certificate;
22) services rendered directly at airports of the Russian Federation and in the air space of the Russian Federation in the service of aircraft, including aero-navigation services;
23) works (services including repair ones) involved in the service of seagoing and inland watercraft, as well as of mixed navigation (river-sea) vessels within mooring periods (all kinds of harbor fees, services of port craft), pilotage, as well as the services involved in vessels' qualification and survey;
24) services of pharmaceutical institutions with regard to production of medicines, as well as to manufacture and repair of spectacle lenses (except for sunglasses), to repair of hearing aids and the prosthetic-and-orthopedic articles enumerated in Subitem 1 of Item 2 of this Article, services related to prosthetic-and-orthopedic assistance;
25) ferrous and non-ferrous metal scrap;
26) exclusive rights to inventions, utility models, industrial designs, computer programs, data bases, topologies of integrated microcircuits, know-how, and also rights to the use of the indicated results of intellectual activity under a licence agreement.
27) the commodities (works, services) and property rights by taxpayers which are Russian market partners of the International Olympic Committee in compliance Article 3.1 of Federal Law No. 310-FZ of December 1, 2007 on the Organisation and Holding of the XXII Winter Olympic Games and XI Winter Paralympic Games of 2014 in the Town of Sochi, on the Development of the Town of Sochi as a Mountain Climatic Health Resort and on Amending Certain Legislative Acts of the Russian Federation, except for the branches and representative
offices in the Russian Federation of organisations which are foreign market partners of the International Olympic Committee in compliance with Article 3.1 of the cited Federal Law, in connection with discharge by these organisations of the obligations of a market partner of the International Olympic Committee within the framework of organisation and holding of the XXII Winter Olympic Games and XI Winter Paralympic Games of 2014 in the town of Sochi.
3. The following operations shall not be subject to taxation (tax exempt) on the territory of the Russian Federation:
1) sale (transfer for own needs) of religious use objects and religious literature (according to the list approved by the Government of the Russian Federation upon submission by religious organisations (associations), manufactured by religious organisations (associations) and organisations whose only founders (participants) are religious organisations (associations) and realised by the given or other religious organisations (associations) and by organisations whose only founders (participants) are religious organisations (associations), within the framework of religious activities, apart from excisable goods and mineral raw materials ones and also the organisation and holding by aforesaid organisations of religious rites, ceremonies, prayer assemblies or other cult activities;
Federal Law No. 245-FZ of July 19, 2011 amended Subitem 2 of Item 3 of Article 149 of this Code. The amendments shall enter into force upon the expiry of a month from the date when the said Federal Law is officially published and at the earliest on the first day of a regular tax period for the value added tax
2) sale (in particular, transfer, performance, provision for own needs) of goods (except for excisable, mineral raw materials and mineral resources, and also other goods according to the list approved by the Government of the Russian Federation upon submission by All-Russian public organisations of disabled persons, works, services (except for broker and other intermediary services), effected and sold by:
public organisations of invalids (including those created as unions of public organisations of invalids) at least 80 per cent of whose membership are invalids and their legal representatives;
organisations whose entire authorised capital consists of contributions of public organisations of invalids specified in paragraph two of this Subitem if the average active number of invalids among their workers constitutes no less than 50 per cent, and their share in the fund of wages - no less than 25 per cent;
establishments, whose asset's are owned solely by public organisations of invalids specified in paragraph two of this Subitem and created to achieve educational, cultural, treatment-and-health improvement, physical culture and sports, scientific, information related and other social purposes, and also to render legal and other help to disabled, disabled children and their parents;
state unitary enterprises attached to anti-tuberculousis, psychiatric and psycho- neurological establishments, establishments for social protection or social rehabilitation of the population, by treatment-and production (labour) workshops of such institutions and also by treatment-and-production (labour) workshops of treatment correctional institutions of the criminal-execute system;
state and municipal unitary enterprises if the number of disabled persons on their payroll is at least 50 per cent and their share in the wages fund is at least 25 per cent;
Federal Law No. 245-FZ of July 19, 2011 amended Subitem 3 of Item 3 of Article 149 of this Code. The amendments shall enter into force from the date when the said Federal Law is officially published and shall extend to legal relations arising from June 8, 2007
3) the accomplishment of banking transactions by banks (save cash collection), in particular:
raising organisations' and individuals' funds as deposits; placing borrowed funds of organisations and individuals in the name of banks and on the
account of the banks; the opening and keeping bank accounts of organisations and natural persons, including
bank accounts, used to make settlements with bank cards, and also operations connected with the service of bank cards;
effecting settlements on the instructions of organisations and individuals, in particular, correspondent banks, on their bank accounts;
providing cash services to organisations and individuals; purchasing/selling foreign currency in cash and in cashless form (in particular, providing
mediation services relating to transactions of the purchase/sale of foreign currency); accomplishing transactions in precious metals and precious stones under the legislation
of the Russian Federation; in the fulfilment of bank guarantees (the issue and cancellation of a bank guarantee, the
confirmation and change of the conditions of the said guarantee, the payment under such guarantee, the execution of documents under this guarantee), and also the completion by banks and by a bank for development which is a state corporation of the following operations:
issuing a surety for a third person as providing for performance of obligations in pecuniary form;
providing services relating to the installation and operation of a "client-bank" system, in particular, providing software and personnel training for the said system;
receipt from borrowers of amounts on account of a compensation of insurance premiums (insurance contributions) paid by a bank under agreements of insurance in case of death or onset of disability of said borrowers, in which the bank is the insurant or beneficiary;
3.1) services connected with the service of bank cards;
4) operations performed by organisations that provide information and technological interaction between participants in settlements, including rendering of services in the collection, processing and provision to participants in the settlements of information on bank card operations;
5) performance of certain banking operations by organisations which, according to the legislation of the Russian Federation have the right to perform such without a licence of the Central Bank of the Russian Federation;
6) sale of articles of folk art crafts of recognised artistic value (except for excisable goods) whose samples have been registered in the order established by the federal executive body authorised by the Government of the Russian Federation;
7) rendering of services in insurance, co-insurance and re-insurance by insurance organisations, and also rendering of services on non-state pension insurance by non-state pension funds.
For the purposes of this Article, those operations shall be recognised as operations in insurance, co-insurance and reinsurance as a result of which the insurance organisation receives:
insurance (remuneration) payments under insurance, co-insurance and reinsurance contracts, including insurance premium payments, and paid reinsurance commission (including a bonus);
interest charged on deposit of the premium under reinsurance contracts and transferred
by the reinsured to the reinsurer; insurance premiums received by the authorised insurance organisation which has duly
concluded a coinsurance contract for and on behalf of the insurers; the funds received by the insurer under as subrogation from a person responsible for
damage caused to the insurant at the rate of insurance indemnity paid to the insurant; the funds received by the insurer under the agreement concluded in accordance with the
legislation of the Russian Federation on obligatory insurance of civil responsibility of owners of transport vehicles on direct compensation for losses from the insurer that insured the civil responsibility of the person that caused the harm;
target assets received by insurance medical organisations participating in compulsory medical insurance from a regional compulsory medical insurance fund in compliance with an agreement of financial support to compulsory medical insurance;
assets received by insurance medical organisations participating in compulsory medical insurance from a regional compulsory medical insurance fund and intended for covering the outlays on carrying out compulsory medical insurance in compliance with an agreement on financial support to compulsory medical insurance (within the limits of the normative established by the legislation of the Russian Federation on compulsory medical insurance);
assets received by insurance medical organisations participating in compulsory medical insurance from a regional compulsory medical insurance fund that constitute the remuneration for taking the actions provided for by an agreement of financial support to compulsory medical insurance;
Federal Law No. 245-FZ of July 19, 2011 supplemented Item 3 of Article 149 of this Code with Subitem 7.1. The Subitem shall enter into force upon the expiry of a month from the date when the said Federal Law is officially published and at the earliest on the first day of a regular tax period for the value added tax
7.1) rendering the services involved in insurance, co-insurance and re-insurance of export credits and investments against business and/or political risks;
8) the organisation of totalisators and other games based on risk (including those with the use of slot-machines) by organisations or individual businessmen of gambling business;
8.1) the holding of lotteries by decision of the authorised body of the executive power, including the rendering of the services of selling lottery tickets;
9) the realization of ore, ore concentrates and other industrial products containing noble metals, of the scrap and wastes of noble metals for the production of noble metals and for refining; the realization of noble metals and precious stones by taxpayers (with the exception of those indicated in Subitem 6 of Item 1 of Article 164 of this Code) to the State Fund of Noble Metals and Precious Stones of the Russian Federation, to the funds of noble metals and precious stones of the subjects of the Russian Federation, to the Central Bank of the Russian Federation and to banks; the realization of precious stones as raw materials (with the exception of uncut diamonds) for processing to enterprises, regardless of the forms of ownership, for subsequent sale for export; the realization of precious stones as raw materials and as cut to specialized foreign economic organisations, to the State Fund of Noble Metals and Precious Stones of the Russian Federation, to the funds of noble metals and precious stones of the subjects of the Russian Federation, to the Central Bank of the Russian Federation and to banks; the realization of noble metals from the State Fund of Noble Metals and Precious Stones of the Russian Federation and from the funds of noble metals and precious stones of the subjects of the Russian Federation to specialized foreign economic organisations, to the Central Bank of the Russian Federation and to banks, as well as the sale of precious metals in bars by the Central Bank of the Russian Federation and by banks to the Central Bank of the Russian Federation and to banks, including under agency contracts, contracts of commission or
brokerage contracts made with the Central Bank of the Russian Federation or banks, regardless of whether these bars are placed in the vault of the Central Bank of the Russian Federation or banks' vaults, as well as to other persons on condition that these bars are kept in one of the vaults (the State Vault of Valuables, the vault of the Central Bank of the Russian Federation or banks' vaults);
10) sale of raw diamonds to processing enterprises of all forms of ownership; 11) intrasystem sale (transfers, performance, rendering for own needs) of goods
produced (performed works, rendered services) by organisations and establishments of the penitentiary system;
12) transfer of goods (execution of works, rendering of services) and assignment of property rights free of charge within the framework of charities according to the Federal Law on Charities and Charitable Organisations, except for excisable goods;
Federal Law No. 245-FZ of July 19, 2011 amended Subitem 13 of Item 3 of Article 149 of this Code. The amendments shall enter into force upon the expiry of a month from the date when the said Federal Law is officially published and at the earliest on the first day of a regular tax period for the value added tax
13) sale of entrance tickets whose form is approved in the established manner as a strict accountability form, by organisations of physical culture and sports for entrance to sports and entertainment activities they conduct; rendering of services in leasing out sports facilities to prepare and to conduct aforesaid activities;
14) rendering services by bar associations, law bureau, chambers of lawyers of subjects of the Russian Federation or the Federal Chamber of Lawyers to members of these bar associations in connection with the exercise by them of their professional activity;
15) operations of granting loans in monetary form and in securities, including interest on them, as well as repo transactions, including monetary sums to be paid for providing securities in repo transactions.
For the purposes of this Chapter, as a repo transaction shall be deemed an agreement satisfying the requirements for repo agreements contained in the Federal Law on the Securities Market;
15.1) abrogated from January 1, 2007; 16) performance of research and development works at the expense of funds of budgets,
and also funds of the Russian Fund for Fundamental Research, the Russian Fund for Technological Development and extra-budgetary funds of ministries, departments and associations formed for these purposes according to the legislation of the Russian Federation; performance of research and development works by educational and scientific organisations under economic contracts;
16.1) performance by organisations of scientific-research, developmental and technological works relating to the creation of new products and technologies or to the perfection of the manufactured products and technologies if the following types of activity are included in the composition of the scientific-research, developmental and technological works:
elaboration of the design of an engineering facility or a technical system; elaboration of new technologies, that is methods of uniting physical, chemical,
technological and other processes with labour processes into an integral system manufacturing new products (goods, works, services);
creation of pilot, that is not having a conformity certificate, samples of machines, equipment or materials having fundamental features characteristic of innovations and not
intended for realisation to third persons, their testing during the time necessary for the obtaining of data, accumulation of experience and their inclusion in the technical documentation;
17) Abolished 18) services of sanatoriums, resorts, health improvement and recreational
establishments, organisations of recreation and rehabilitation of children, including children's health camps located on the territory of the Russian Federation which are formalised by authorisations to a course of treatment with board or without it, being strict accountability forms;
19) performance of works (rendering of services) in the fighting of wood fires; 20) sale of products of own manufacture of organisations engaged in the production of
agricultural products which generate at least 70 per cent of the overall share of incomes from the sale in the total sum of their incomes, the former made with wages in kind for labour, issues in kind for labor, and also for the public catering of workers involved in agricultural works;
21) Abolished 22) the sale of dwelling houses and living accommodation, and also the shares thereof; 23) the transfer of a share in the right to the common property in a multi-flat house in
case of the sale of apartments;
Federal Law No. 245-FZ of July 19, 2011 amended Subitem 23.1 of Item 3 of Article 149 of this Code. The amendments shall enter into force upon the expiry of a month from the date when the said Federal Law is officially published and at the earliest on the first day of a regular tax period for the value added tax
23.1) the services of a developer under a contract for participation in shared construction concluded in accordance with Federal Law No. 214-FZ of December 30, 2004 on Participation in the Shared Construction of Blocks of Flats and Other Pieces of Immovable Property and on Amending Certain Legislative Acts of the Russian Federation (except for the services of a developer provided when industrial facilities are being constructed);
For the purposes of this item, as industrial purpose facilities shall be deemed those which are intended for use in making commodities (carrying out works and rendering of services);
24) abrogated from January 1, 2008; 25) the transfer of goods (works, services) for advertising purposes, the expenses for the
acquisition of units of which do not exceed 100 roubles.
26) operations on the cession (assignment, acquisition) of rights (demands) of a creditor under obligations ensuing from agreements on the granting of loans in monetary form and/or credit agreements, and also on the fulfilment by the borrower of obligations to each new creditor on the initial agreement underlying the cession agreement;
27) execution of work (provision of services) by residents of the by-port special economic zone within the by-port special economic zone;
28) gratuitous rendering of services in the provision of airtime and/or print space in accordance with legislation of the Russian Federation on elections and referendums;
Federal Law No. 417-FZ of December 7, 2011 amended Subitem 29 of Item 3 of Article 149 of this Code. The amendments shall enter into force on January 1, 2013, but no earlier than upon the expiry of one month from the day of the official publication of the said Federal Law and no earlier than the first day of the next tax period for value-added tax
29) sale of the municipal services by management organisations, condominiums, building societies, housing or other specialised consumer cooperatives established for the purpose of satisfying citizens' needs for housing and responsible for servicing domestic engineering
systems through which municipal services are rendered, provided that the cited taxpayers acquire municipal services from the organisations pertaining to the utility complex, electric energy suppliers and gas-supply organisations;
30) sale of the works (services) involving maintenance and repair of common property in an apartment building carried out (rendered) by management organisations, condominiums, building societies, housing or other specialised consumer cooperatives established for the purpose of satisfying citizens' needs for housing and responsible for servicing the domestic engineering systems through which municipal services are rendered, provided that the cited taxpayers acquire the works (services) involving the maintenance and repair of common property in the apartment house by the cited taxpayers from the organisations and individual businessmen directly engaged in carrying out (rendering) these works (services).
31) transfer of property rights (in particular granting the right to use intellectual property results and/or individualization means) by an all-Russia pubic association exercising its activities in compliance with the legislation of the Russian Federation on public associations, the Olympic Charter of the International Olympic Committee and on the basis of its recognition by the International Olympic Committee, and by an all-Russia public association exercising its activities in compliance with the legislation of the Russian Federation on public associations, the Constitution of the International Paralympic Committee and on the basis of its recognition by the International Paralympic Committee within the framework of discharging commitments under the agreements made with Russian and foreign organisers of the XXII Winter Olympic Games and XI Winter Paralympic Games of 2014 in the Town of Sochi in compliance with Article 3 of Federal Law No. 310-FZ of December 1, 2007 on the Organisation and Holding of the XXII Winter Olympic Games and XI Winter Paralympic Games of 2014 in the Town of Sochi, on the Development of the Town of Sochi as a Mountain Climatic Health Resort and on Amending Certain Legislative Acts of the Russian Federation.
32) the gratuitous provision of the services of producing and/or disseminating social advertisement in accordance with the legislation of the Russian Federation on advertising.
The transactions mentioned in this item are not subject to taxation, given the observance of one of the below requirements applicable to social advertising:
in social advertising disseminated in radio programmes sponsors are mentioned for up to three seconds;
in social advertising disseminated in television programmes and when cinema and video services are provided the sponsors are mentioned for up to three seconds and this mentioning does not occupy more than seven per cent of the shot;
in social advertising disseminated by other means sponsors are mentioned on up to five per cent of advertising area (space).
The requirements established by this subitem as applicable to the mentioning of sponsors shall not extend to the mentioning in social advertising of governmental bodies, other state bodies and local self-government bodies, the municipal bodies not included in the structure of local self-government bodies, socially-oriented not-for-profit organisations and also natural persons who have found themselves in a difficult life situation or are in need for medical treatment, for the purposes of rendering charitable aid thereto.
Federal Law No. 336-FZ of November 28, 2011 supplemented Item 3 of Article 149 of this Code with Subitem 33. The Subitem shall enter into force from January 1, 2012, but at the earliest upon the expiry of a month from the day of the official publication of the said Federal Law and not earlier than the on first day of the next tax period for the value-added tax
33) services of the parties to an agreement of investment partnership which are managing partners involved in running the partners common business;
Federal Law No. 336-FZ of November 28, 2011 supplemented Item 3 of Article 149 of this Code with Subitem 34. The Subitem shall enter into force on January 1, 2012, but at the earliest upon the expiry of a month after the day of the official publication of the said Federal Law and not earlier than on the first day of the next tax period for value-added tax
34) transfer of property rights in the form of a deposit under an agreement of investment partnership, as well as transfer of property rights to a party to an agreement of investment partnership in the event of apportionment of the share thereof from the property which is under common ownership of the parties to the cited agreement, or of division of such property - within the limits of the amount of the paid contribution of the given party.
4. If the taxpayer performs taxable operations and operations which are not taxable (being released) according to provisions of this Article, the taxpayer is obliged to keep separate accounting of such operations.
5. A taxpayer performing operations in the sale of goods (of works, services) stipulated by Item 3 of this Article shall have the right to refuse the release of such operations from taxation having presented an appropriate application to the tax authorities at the place of registration no later than by the first tax period starting from which the taxpayer is going to refrain from the release or to suspend the latter.
Such refusal or suspension is possible only concerning all operations performed by the taxpayer stipulated by one or several Subitems of Item 3 of this Article. A similar operation may not be released or not tax exempt depending on who the buyer (purchaser) of the corresponding goods (works, services) is.
It is not permitted to refuse or suspension release from tax obligation operations for a period of less than one year.
6. Operations listed in this Article shall not be subject to taxation (tax exempt), provided the taxpayers performing these operations hold the appropriate licences to carry out the licensed activity according to the legislation of the Russian Federation.
7. Release from tax obligation according to provisions of the present Article shall not apply when business activities are performed in the interests of other persons on the basis of contracts of delegation, contracts of commission agency or agency contracts, except as otherwise provided in this Code.
8. In the event of amending the wording of Items 1 - 3 of this Article (cancellation of a relief from taxation or referring taxable operations to the operations which are exempt from taxation) taxpayers shall apply the procedure for determining the tax base (or for relief from taxation) which was effective on the date of shipping goods (carrying out works and rendering services), regardless of the date of paying them.
Federal Law No. 306-FZ of November 27, 2010 amended Article 150 of this Code. The amendments shall enter into force from January 1, 2011 but not earlier than upon the expiry of one month from the day of the official publication of the said Federal Law and not earlier than the first day of the next tax period for the value-added tax
Article 150. Import of Goods to the Territory of the Russian Federation and Other Territories under Its Jurisdiction Not Taxable (Tax Exempt)
According to Federal Law No. 118-FZ of August 5, 2000 (in the wording of Federal Law No. 92-FZ of June 24, 2008) from January 1, 2007 but not earlier than the first day of the next tax period for value-added tax till January 1, 2012 there shall not be subject to taxation (there
shall be exempt from taxation) with value-added tax the import into the customs territory of the Russian Federation of pedigree horned cattle, pedigree pigs, sheep and goats, semen and embryos of the said pedigree animals, pedigree horses and pedigree ova carried out by agricultural commodity producers and by Russian organisations engaged in leasing activity with their subsequent delivery to agricultural commodity producers by the list of commodity codes in accordance with the Commodity Classification of Foreign Economic Activity of the Russian Federation determined by the Government of the Russian Federation
Not taxable (tax exempt) shall be the import to the territory of the Russian Federation and other territories under its jurisdiction of:
1) goods (except excisable goods) imported as gratuitous aid (assistance) to the Russian Federation, in accordance with the manner established by the Government of the Russian Federation pursuant to the Federal Law on Gratuitous Aid (Assistance) to the Russian Federation and the Introduction of Amendments and Addenda to Certain Legislative Acts of the Russian Federation on Taxes and on the Establishment of Privileges on Payments to the State Extra-Budgetary Funds in Connection with the Granting of Gratuitous Aid (Assistance) to the Russian Federation;
2) goods listed in Subitem 1 of Item 2 of Article 149 of this Code and also the raw material and component parts for their production;
3) materials for production of medical immunobiological drugs for diagnostics, prevention and/or treatment of infectious diseases (under the list approved by the Government of the Russian Federation);
4) cultural valuables acquired on account of the federal budget, budgets of constituent entities of the Russian Federation and local budgets, cultural valuables handed over as gifts to the state and municipal institutions of culture, to the state and municipal archives, as well as cultural valuables handed over as gifts to the institutions referred by the laws of the Russian Federation to highly valuable items of cultural and national heritage of the peoples of the Russian Federation;
5) all types of printed publications received by state and municipal libraries and museums under international exchanges of books and also of products of cinematography imported by specialized state organisations for the purposes of international non-commercial exchanges;
6) goods produced as a result of economic activity of Russian organisations on land lots being the territory of a foreign state covered by the Russian Federation's right of land use on the basis of an international treaty;
7) process equipment (in particular component and spare parts for it) whose analogues are not produced in the Russian Federation according to the list endorsed by the Government of the Russian Federation;
8) raw natural diamonds; 9) goods intended for official use by foreign diplomatic representations and agencies
equated thereto, and also for personal use by diplomatic and administrative-clerical personnel of these agencies, including members of their families living with them;
10) currency of the Russian Federation and foreign currency, notes being legal tender (except for those intended for collecting), and also financial credit instruments - shares, bonds, certificates, bills of exchange;
11) sea products caught and/or processed by the fishing-production enterprises (organisations) of the Russian Federation.
12) ships subject to registration in the Russian International Register of Ships. 13) goods, except for excisable goods, by the list approved by the Government of the
Russian Federation transferred within the framework of international cooperation of the Russian Federation in the field of investigation and use of outer space and also of agreements on
services in the launching of spacecraft; 14) abrogated; 15) invalid from January 1, 2010. 16) unregistered medicines intended for the provision of medical aid for the sake of life-
saving for specific patients and hematopoietic stem cells and bone marrow for exogamous transplantation.
The provisions of this subitem are applicable if the following is shown to customs bodies: a relevant permit issued by the federal executive governmental body carrying out the functions of state policy elaboration and normative legal regulation in the area of public health and transactions in medicines for medical use.
Federal Law No. 306-FZ of November 27, 2010 amended Article 151 of this Code. The amendments shall enter into force from January 1, 2011 but not earlier than upon the expiry of one month from the day of the official publication of the said Federal Law and not earlier than the first day of the next tax period for the value-added tax
Article 151. Peculiarities of Taxation When Goods Are imported into the Territory of the Russian Federation and Other Territories Which Are under Its Jurisdiction and When They Are Exported from the Territory of the Russian Federation
1. When goods are imported to the territory of the Russian Federation and other territories under its jurisdiction depending on the selected customs procedure the tax shall be levied in the following manner:
1) when placing commodities under the customs procedure of release for internal consumption the tax shall be paid in full;
2) when goods are placed under the customs procedure of reimport, the taxpayer shall pay the amounts of tax from which he had been released or the amounts which were repaid to him due to the export of goods according to this Code in the order stipulated by the customs legislation of the Customs Union and the customs legislation of the Russian Federation;
Federal Law No. 245-FZ of July 19, 2011 amended Subitem 3 of Item 1 of Article 151 of this Code. The amendments shall enter into force upon the expiry of a month from the date when the said Federal Law is officially published and at the earliest on the first day of a regular tax period for the value added tax
3) when goods are placed under the customs procedures of transit, customs warehouse, re-export, duty free, free custom zone, free warehouse, destruction, refusal in favour of the state or a special customs procedure, as well as when effecting the customs declaration of supplies no tax shall be paid;
4) when goods are placed under the customs procedure of processing in the customs territory the tax shall not be paid on the condition that the processed products are exported out of the customs territory of the Customs Union within a certain term;
5) when goods are placed under the customs procedure of temporary import, the complete or partial release from payment of tax in the order stipulated by the customs legislation of the Customs Union and the customs legislation of the Russian Federation shall be applied;
6) in case of the import of products of processing of goods placed under the customs procedure of processing outside of the customs territory the full or partial exemption of payment of tax in the order stipulated by the customs legislation of the Customs Union and the customs legislation of the Russian Federation shall be applied;
7) when goods are placed under the customs procedure of processing for internal consumption the tax shall be paid in full.
2. When goods are exported from the territory of the Russian Federation, the tax shall be
levied in the following order: 1) in case of export of goods from the territory of the Russian Federation under the
customs procedure of export, no tax shall be paid. The taxation procedure indicated in this Subitem shall also be applied when goods are
placed under the customs procedure of a bonded warehouse for the purpose of the subsequent exportation of these goods in keeping with the customs procedure of export, and also when goods are placed under the customs procedure of a free customs zone;
2) in case of export of goods beyond the boundaries of the territory of the Russian Federation and of other territories within the scope of its jurisdiction under the customs treatment of re-export, tax shall not be paid and the amount of tax paid upon import into the territory of the Russian Federation and other territories under its jurisdiction shall be repaid to the taxpayer in the procedure stipulated by the customs legislation of the Customs Union and the customs legislation of the Russian Federation;
Federal Law No. 245-FZ of July 19, 2011 reworded Subitem 3 of Item 2 of Article 151 of this Code. The new wording shall enter into force upon the expiry of a month from the date when the said Federal Law is officially published and at the earliest on the first day of a regular tax period for the value added tax
3) when exporting from the territory of the Russian Federation supplies, as well as other commodities for the purpose of completing a special customs procedure, tax shall not be paid;
4) in case of export of goods from the territory of the Russian Federation and other territories under its jurisdiction in accordance with customs procedures different from those specified in Subitems 1 to 3 of this Item, neither exemption from taxation shall be granted nor shall paid amounts of tax be reimbursed, unless otherwise stipulated by the customs legislation of the Customs Union and the customs legislation of the Russian Federation.
3. When natural persons move goods intended for personal, family, household and other needs not relating to the pursuance of entrepreneurial activity the procedure for payment of the tax payable in connection with the movement of the goods across the customs border of the Customs Union shall be determined by the customs legislation of the Customs Union.
Article 152. Abrogated from January 1, 2011. Article 153. The Tax Base
Federal Law No. 306-FZ of November 27, 2010 amended Item 1 of Article 153 of this Code. The amendments shall enter into force from January 1, 2011 but not earlier than upon the expiry of one month from the day of the official publication of the said Federal Law and not earlier than the first day of the next tax period for the value-added tax
1. The tax base in case of sale of goods (works, services) is defined by the taxpayer according to this Chapter depending on the peculiarities of the sale of goods (works, services) produced by him or purchased by him.
In case of transfer of goods (performance of works, rendering of services) for one's own needs and recognised as an item of taxation in conformity with Article 146 of this Code, the tax base shall be defined by the taxpayer according to this Chapter.
In case of import of goods to the territory of the Russian Federation and other territories under its jurisdiction, the tax base shall be defined by the taxpayer according to this Chapter and the customs legislation of the Customs Union and the customs legislation of the Russian Federation.
When the taxpayers apply various tax rates during sale (transfer, performance, provision for own needs) of goods (works, services) the tax base shall be defined separately for each type
of good (works, services) taxed at different rates. When identical tax rates are used, the tax base shall be defined summarily for all types of operations taxed at this rate.
During the transfer of property rights the tax base shall be determined subject to the peculiarities stipulated by this chapter.
2. When determining the tax base, the proceeds from the sale of goods (works, services), the transfer of property rights shall be defined on the basis of all incomes of the taxpayer associated with settlements under the payment for aforesaid goods (works, services), property rights received by him in cash and/or in kind, including the payment by means of securities.
Incomes specified in this Item shall be taken into account if the former can be evaluated, and to the degree to which they can be evaluated.
Federal Law No. 245-FZ of July 19, 2011 amended Item 3 of Article 153 of this Code. The amendments shall enter into force upon the expiry of a month from the date when the said Federal Law is officially published and at the earliest on the first day of a regular tax period for the value added tax
3. When determining the tax base, the proceeds (expenses) of the taxpayer in foreign currency shall be converted into roubles at the exchange rate of the Central Bank of the Russian Federation according to the date that corresponds to the time of determining the tax base during the sale (transfer) of goods (works, services), property rights established by Article 167 of this Code or on the date when the expenses were actually borne. With this, the tax base when selling the commodities (works, services) provided for by Item 1 of Article 164 of this Code and when settlements in such operations are made in foreign currency shall be determined in roubles at the exchange rate of the Central Bank of the Russian Federation as of the date of shipment (transfer) of commodities (carrying out of works, rendering of services).
Federal Law No. 245-FZ of July 19, 2011 supplemented Article 153 of this Code with Item 4. The Item shall enter into force upon the expiry of a month from the date when the said Federal Law is officially published and at the earliest on the first day of a regular tax period for the value added tax
4. If when selling commodities (works, services) or property rights under contracts that provide for the obligation to pay them in roubles in the amount which is equivalent to a definite amount of foreign currency or conditional monetary units, the time of determining the tax base shall be deemed the date of shipment (transfer) of commodities (works, services) and property rights, the foreign currency or conditional monetary units, and when determining the tax base foreign currency shall be conversed into roubles at the exchange rate of the Central Bank of the Russian Federation as of the date of shipment (transfer) of commodities (carrying out of works, rendering services) or transfer of property rights. When commodities (works, services) or property rights are subsequently paid for, the tax base shall not be corrected. The sum differences of the tax which a taxpayer being the seller has when subsequently paying for commodities (works, services) or property rights shall be accounted within the composition of off-sale incomes in compliance with Article 250 of this Code or within the composition of off- sale income in compliance with Article 256 of this Code.
Article 154. The Procedure for the of Determination of the Tax Base When Selling Goods (Works, Services)
1. Except as otherwise envisaged by this Article, tax base for the purposes of the taxpayer's selling of goods (works, services) shall be assessed as the value of these goods (works, services) calculated on the basis of the prices defined according to Article 105.3 of this Code, with account being taken of excise taxes (for excisable goods) and without the tax being
included in the prices. When the taxpayer receives a payment or partial payment setting off a forthcoming
delivery of goods (performance of works, provision of services) the tax base shall be assessed on the basis of the sum of the payment received, with account being taken of the tax. The following shall not be included in the tax base: a payment or partial payment received by the taxpayer setting off a forthcoming delivery of goods (performance of works, provision of services):
whose production cycle duration exceeds six months, if the taxpayer does his tax base assessment as such goods are shipped (transferred) (works performed, services provided) in compliance with the provisions of Item 13 of Article 167 of this Code;
which are taxable at zero per cent tax rate in compliance with Item 1 of Article 164 of this Code;
which are not subject to taxation (are exempt from taxation). When goods (works, services) are shipped setting off a payment or partial payment
received earlier and included in the tax base earlier the taxpayer shall make his tax base assessment in the procedure established by Paragraph 1 of this Item.
2. When goods (works, services) are sold under commodity swap (barter) transactions and sale of goods (works, services) on a gratuitous basis, transfer of title to the subject of pledge to the pledgee in case of default on an obligation secured by the pledge for the transfer of goods (results of performed works, rendering of services) when paying wages in kind, the tax base shall be defined as the cost of aforesaid goods (works, services) estimated on the basis of prices defined in compliance with the procedure similar to that of Article 105.3 of the present Code, with allowance for excise taxes (for excisable goods) and without inclusion into such of the tax.
In the case of the sale of goods (works, services) involving subsidies granted by the budgets of the budget system of the Russian Federation in connection with a taxpayer's application of state regulated prices or involving the privileges granted to specific consumers under the federal legislation, the tax base shall be assessed as the value of the goods (works, services) sold calculated proceeding from their actual selling prices.
The sums of subsidies granted by the budgets of the budget system of the Russian Federation in connection with the use by the taxpayer of state-controlled prices or benefits granted to particular consumers in keeping with legislation, shall not be reckoned during the estimation of the tax base.
3. In case of sale of assets subject to record-keeping at cost with account taken of the paid tax, the tax base shall be defined as the difference between the price of sold property defined with due regard to the provision of Article 105.3 of this Code, with allowance for the tax, excise taxes (levied on excisable goods), and cost of sold assets (residual cost with account for reassessments).
4. In the case of the sale of agricultural products and products resulting from processing thereof purchased from natural persons (not being taxpayers) according to the list endorsed by the Government of the Russian Federation (save excisable goods), the tax base shall be assessed as a difference between the price determined in compliance with Article 105.3 of this Code with account taken of the tax and the purchasing price of said products.
5. The tax base in case of services in the manufacture of goods from raw material made on commission (materials) shall be defined as the cost of their treatment, processing or another transformation with account for excise taxes (for excisable goods) and without including in it the tax.
5.1. In the realisation of motor vehicles acquired from natural persons (who are not taxpayers) for resale, the tax base shall be determined as the difference between the price determined in accordance with Article 105.3 of this Code taking into account the tax, and the price of the acquisition of such motor vehicles.
6. In case of sale of goods (works, services) under time transactions (transactions providing for the delivery of goods (performance of works, rendering of services), upon expiration of the term established by an agreement (contract) at the price fixed directly in this agreement or contract), of financial instruments of time transactions which do not circulate in the organised market, the tax base shall be defined as the cost of these goods (works, services), the cost of the base asset (in respect of financial instruments of time transactions which do not circulate in the organised market) which is stated directly in the agreement (contract), but it shall not be below their cost estimated on the basis of prices defined in accordance with the procedure similar to that which is provided for by Article 105.3 of this Code and effective on the date that corresponds to the time of estimation of the tax base fixed by Article 167 of this Code with account for excise taxes (for excisable goods) and without the inclusion into such of the tax.
When selling the base asset of financial instruments of time transactions circulating in the organised market and involving the supply of the base asset (except for the sale of the base asset of option agreements (contracts), the tax base shall be defined as the cost at which the base asset must be sold and which is defined in compliance with the terms of the specification of the financial instrument of a time transaction endorsed by an exchange. The tax base shall be defined, when selling such base asset, as of the date which corresponds to the time for defining the tax base which is fixed by Article 167 of this Code, with account taken of excise taxes (for excisable goods) and without the inclusion of the tax into them.
When selling the base asset of option agreements (contracts) circulating in the organised market and involving the supply of the base asset, the tax base shall be defined as the cost at which the base asset must be sold and which is defined in compliance with the terms of the specification of the financial instrument of a time transaction endorsed by an exchange, but it shall not be below their cost estimated on the basis of prices defined in accordance with the procedure provided for by Article 105.3 of this Code and effective on the date that corresponds to the time of estimation of the tax base fixed by Article 167 of this Code with account for excise taxes (for excisable goods) and without inclusion into such of the tax.
For the purposes of this Article, the specification of the financial instrument of a time transaction means the document of an exchange defining the terms of the financial instrument of a time transaction.
7. In the case of the sale of goods in returnable tare having pledge prices the pledge prices of the tare shall not be included in the tax base if the said tare is subject to return to the seller.
8. Depending on peculiarities of the sale of goods (works, services), the tax base shall be defined according to Articles 155 - 162 of this Chapter.
9. Abrogated from January 1, 2008. Federal Law No. 245-FZ of July 19, 2011 supplemented Article 154 of this Code with
Item 10. The Item shall enter into force upon the expiry of a month from the date when the said Federal Law is officially published and at the earliest on the first day of a regular tax period for the value added tax
10. A change causing an increase in the cost (less taxes) of shipped commodities (carried out works, rendered services) or transferred property rights, in particular because of a price (tariff) rise and/or an increase in the number (volume) of shipped commodities (carried out works, rendered services) or transferred property rights, shall be accounted when a taxpayer
determines the tax base for the tax period within which appropriate commodities were shipped (works were carried out, services were rendered) or property rights were transferred.
Article 155. The Special Aspects of the Estimation of the Tax Base During the Transfer of Property Rights
Federal Law No. 245-FZ of July 19, 2011 amended Item 1 of Article 155 of this Code. The amendments shall enter into force upon the expiry of a month from the date when the said Federal Law is officially published and at the earliest on the first day of a regular tax period for the value added tax
1. Upon the assignment of the monetary claim that follows from the contract for the sale of goods (works, services), the operations in the sale of which are subject to taxation (are not released from taxation in keeping with Article 149 of this Code) or upon the transfer of the said claim to another person on the basis of law the tax base for the operations in the sale of said goods (works, services) shall be determined in the procedure stipulated by Article 154 of this Code, unless otherwise provided for by this item.
The tax base, in case of assignment by the original creditor of a monetary claim resulting from a contract of sale of commodities (works, services) or when the cited claim is transferred to another person on the basis of law, shall be defined as the amount of the excess of the sum of income derived by the original creditor assigning the rights of claim over the sum of the monetary claim the rights to which have been assigned.
Federal Law No. 245-FZ of July 19, 2011 amended Item 2 of Article 155 of this Code. The amendments shall enter into force upon the expiry of a month from the date when the said Federal Law is officially published and at the earliest on the first day of a regular tax period for the value added tax
2. Upon the assignment by a new creditor of the monetary claim that follows from the contract for the sale of goods (works, services), the tax base shall be determined as a sum of the excess of the sum of the income received by the new creditor upon the subsequent assignment of the claim or upon the cessation of the corresponding obligation over and above the sum of expenses on the acquisition of the said claim.
3. With the transfer of property rights by taxpayers, including the participants in share construction, to residential houses or living quarters, the shares in residential houses or living quarters, garages or machine-places the tax base shall be determined as the difference between the cost at which property rights are transferred with due account of the tax and the expenses on the acquisition of said rights.
4. Upon the acquisition of a monetary claim from third persons the tax base shall be determined as a sum of the excess of the sum of incomes received from a debtor and/or with the subsequent assignment over and above the sum of expenses on the acquisition of the said claim.
5. Upon the transfer of the rights associated with the right of concluding a contract and of lease rights the tax base shall be estimated in the order provided for by Article 154 of this Code.
Article 156. Peculiarities of Determination of Tax Base by Taxpayers Receiving an Income on the Basis of Contracts of Delegation, Contracts of Commission Agency or Agency Contracts
1. When accomplishing a business activity in the interests of another person on the basis of contracts of delegation, contracts of commission agency or agency contracts, the taxpayers
shall determine the tax base as an amount of income received by them in the form of compensations (any other incomes) upon the performance of any of the aforesaid contracts.
The tax base in case of the sale of an object of the uncalled pledge belonging to the pledger shall be determined in a similar way in the order prescribed by the legislation of the Russian Federation.
2. Operations in the sale of services rendered on the basis of contracts of delegation, contracts of commission agency or agency contracts, and associated with the sale of goods (works, services) not subject to taxation (exempted from taxation) according to Article 149 of this Code, shall not be covered by exemption from taxation, except for intermediary services in the sale of goods (works, services) specified in Item 1 and Subitems 1 and 8 of Item 2 and Subitem 6 of Item 3 of Article 149 of this Code.
Federal Law No. 57-FZ of May 29, 2002 amended Article 157 of this Code The amendments shall enter into force upon the expiry of one month from the day of the official publication of the said Federal Law and shall extend to the legal relations arising from January 1, 2002 See the previous text of the Article
Article 157. Peculiarities of Determination of Tax Base and Peculiarities of Payment of Tax upon the Accomplishment of Carriage and Sale of International Communications Services
Federal Law No. 117-FZ of July 7, 2003 amended Item 1 of Article 157 of this Code. The amendments shall enter into force from January 1, 2004 See the previous text of the Item
1. In case of performance of carriage (except for suburban carriage according to paragraph three of Subitem 7 of Item 2 of Article 149 of the present Code) of passengers, luggage, cargo, luggage-freight or mail by railway, motor vehicle, air, sea or river transport, the tax base shall be defined as the cost of carriage (without inclusion of the tax). Upon the accomplishment of air carriage, the boundaries of the territory of the Russian Federation shall be defined at the starting and destination points of the air trip.
2. In case of the sale of travel documents at reduced rates, the tax base is calculated on the basis of such reduced rates.
3. The provisions of this Article shall be applied taking into account the provisions of Item 1 of Article 164 of this Code and shall not apply to the carriage specified in Subitem 7 of Item 2 of Article 149 of this Code, nor to the carriage stipulated by international treaties (agreements).
4. When prior to the beginning of a trip, cash is returned to customers for unused travel documents, the returnable amount shall include the entire amount of the tax. If the passengers turn in the travel documents in transit due to termination of the trip, the returnable amount shall include the amount of the tax at the rate corresponding to the distance not yet covered by the passengers. In such a case when the tax base is being assessed, no account shall be taken of the amounts actually refunded to the passengers.
5. In case of a sale of international communication services the amounts received by telecommunication agencies as a result of selling said services to foreign purchasers shall not be accounted when determining their tax base.
Article 158. Peculiarities of Determination of Tax Base in Case of Sale of an Enterprise as a Whole Property Complex
1. The tax base in case of sale of an enterprise as a whole property complex shall be defined separately on each type of asset of the enterprise.
2. If the price at which the enterprise is sold turned out to be below the book value of sold assets, a correction factor shall be applied for the purposes of taxation which is calculated as the relation of the selling price of the enterprise to the book value of said assets.
If the price at which the enterprise is sold turned out to be above the book value of sold assets, a correction factor shall be applied for the purposes of taxation calculated as the relation of the selling price of the enterprise marked down by the book value of debt receivable, (and by the cost of securities if no decision was made to revalue such) to the book value of sold assets and marked down by the book value of debt receivable (and for the cost of securities if no decision was made to revalue such) is accepted. In this case the correction factor shall not be applied to the amount of debt receivable (and the cost of securities).
3. For the purposes of taxation, the price of each type of assets shall be accepted as the product of its book value and the correction factor.
Federal Law No. 117-FZ of July 7, 2003 amended Item 4 of Article 158 of this Code. The amendments shall enter into force from January 1, 2004
4. The vendor of the enterprise shall draw up a summary invoice which is to state in the column "Total, including VAT" the price at which the enterprise was sold. In so doing, it is necessary to make separate entries in the summary invoice for fixed assets, intangible assets, other types of assets of industrial and non-productive purpose, the amount of debt receivable, and the value of securities and other items of assets of the balance sheet. The summary invoice shall enclose the statement of inventory taking.
In the summary invoice, the price of each type of asset shall be accepted as the product of its book value into a correction factor.
For each type of asset whose sale is taxed, it is necessary to state in the columns "Rate of VAT" and "Amount of VAT" the corresponding settlement tax rate of 15.25 per cent and the amount of the tax defined as the percentage share of the tax base corresponding to the settlement tax rate of 15.25 per cent.
Article 159. The Procedure for the Determination of Tax Base When Performing Operations on the Transfer of Goods (Performance of Works, Rendering of Services) for Own Needs and the Execution of Civil and Erection Works for One's Own Consumption
Federal Law No. 117-FZ of July 7, 2003 amended Item 1 of Article 159 of this Code. The amendments shall enter into force from January 1, 2004 See the previous text of the Item
1. When a taxpayer transfers goods (performs works, renders services) for their own needs, expenses under which are not accepted for deduction (in particular, through depreciation deductions) in the calculation of tax levied on profit of organisations, the tax base shall be defined as the cost of these goods (works, services) estimated on the basis of sale prices of identical (and in their absence, homogeneous) goods (similar works, services) effective in the previous tax period, and in their absence - on the basis of market prices, taking into account excise taxes (for excisable goods) and without inclusion into such tax.
2. In case of performance of civil and erection works for one's own consumption, the tax base shall be defined as the cost of performed works calculated on the basis of all actual
expenses borne by the taxpayer in their performance including the expenses of the reorganised (or being reorganised) organisation.
Federal Law No. 306-FZ of November 27, 2010 amended Article 160 of this Code. The amendments shall enter into force from January 1, 2011 but not earlier than upon the expiry of one month from the day of the official publication of the said Federal Law and not earlier than the first day of the next tax period for the value-added tax
Article 160. The Procedure for the Determination of Tax Base When Importing Goods to the Territory of the Russian Federation and Other Territories under Its Jurisdiction
1. In case of import of goods (except for goods specified in Items 2 and 4 of this Article and with allowance for Articles 150 and 151 of this Code) into the territory of the Russian Federation and other territories under its jurisdiction, the tax base shall be defined as the amount of:
1) the customs value of these goods; 2) payable customs duty; 3) payable excises (on excisable goods). 2. In case of import to the territory of the Russian Federation and other territories under
its jurisdiction of goods which had been previously exported from it to be processed outside the customs territory according to the customs procedure of outward processing, the tax base shall be defined as the cost of such processing.
3. The tax base shall be defined separately for each group of goods of the same name, type and brand imported to the territory of the Russian Federation and other territories under its jurisdiction.
If a consignment of goods imported into the customs territory of the Russian Federation contains both excisable goods and non-excisable goods, the tax base shall be defined separately for each group of aforesaid goods. The tax base shall be defined in a similar order if a consignment of goods imported to the customs territory of the Russian Federation contains products of processing of goods which have been previously exported from it in compliance with the customs procedure of processing outside the customs territory of the Russian Federation.
4. Abrogated from January 1, 2011. 5. The tax base, when Russian goods are brought in and placed under the customs
procedure of a free customs zone to the remaining part of the territory of the Russian Federation and other territories under its jurisdiction or when they are transferred on the territory of a special economic zone to the persons who are not residents of such a zone, shall be defined in accordance with Item 1 in this Article subject to the peculiarities stipulated by the the customs legislation of the Customs Union and the customs legislation of the Russian Federation.
Article 161. Peculiarities of Determination of Tax Base by Tax Agents 1. In case of sale of goods (works, services) whose place of sale is the territory of the
Russian Federation, for foreign persons being taxpayers who have not registered with the tax authorities as the taxpayers, the tax base shall be defined as the sum of income from sale of these goods (works, services) taking into account the tax.
The tax base shall be defined separately in case of performance of each operation of sale of goods (works, services) on the territory of the Russian Federation taking into account this Chapter.
2. The tax base specified in Item 1 of this Article shall be defined by tax agents. In so doing, the tax agents shall be recognised as organisations and individual entrepreneurs registered with the tax authorities, who purchase on the territory of the Russian Federation of
goods (works, services) from the foreign persons indicated in Item 1 of this Article. The tax agents are to calculate, withhold from the taxpayer, and pay to the budget the relevant amount of tax regardless of whether they execute obligations of the taxpayer associated with the calculation and payment of tax and also other obligations established by this Chapter.
3. When rendering on the territory of the Russian Federation services by bodies of public authority and government, bodies of local self-government relating to the hiring out of federal property, property, of constituent entities of the Russian Federation and municipal property the tax base shall be defined as the amount of rental taking into account the tax. In so doing, the tax base shall be defined by the tax agent separately for each leased item of property. In this case, leasers of the aforesaid property shall be recognised as tax agents. Said persons are to calculate and withhold from the incomes paid to the lessor and to pay to the budget the appropriate amount of the tax.
When selling (transferring) in the territory of the Russian Federation state property which is not assigned to state enterprises and institutions, and which form part of the state treasury of the Russian Federation, the treasury of a republic within the Russian Federation, the treasury of a territory, region, city of federal importance, autonomous region and autonomous area, as well as municipal property which is not assigned to municipal enterprises and institutions and form part of the municipal treasury of an appropriate urban or rural settlement, or other municipal entity, the tax base shall be determined as the amount of income derived from the sale (transfer) of this property with account taken of tax. With this, the tax base shall be determined separately for every transaction of selling (transferring) the said property. In this case, as tax agents shall be recognised the purchasers (recipients) of the said property, except for natural persons who are not individual businessmen. The said persons are obliged to calculate by using the computation method, to deduct from paid out income and to pay to the budget the appropriate amount of tax.
4. When selling on the territory of the Russian Federation confiscated property, property to be sold by court decisions (except for the sale provided for by Item 4.1 of this Article), ownerless valuables, treasures and bought valuables, as well as valuables transferred to the state by heirship, the tax base shall be determined by the cost of sold property (valuables) involving the provisions of Article 105.3 of this Code involing excise duties (as regards excisable goods). In this case, the bodies, organisations or individual businessmen authorised to sell said property shall be recognised as tax agents.
Federal Law No. 245-FZ of July 19, 2011 Article 161 of this Code with Item 4.1. The Item shall enter into force upon the expiry of a month from the date when the said Federal Law is officially published and at the earliest on the first day of a regular tax period for the value added tax
4.1. When selling in the territory of the Russian Federation the property or property rights of debtors declared bankrupt in compliance with the legislation of the Russian Federation, the tax base shall be determined as the amount of income derived from this property's sale subject to tax. In so doing, the tax base shall be determined by a tax agent separately in respect of each operation involved in the sale of the cited property. On such occasion, the purchasers of the cited property and/or property rights shall be deemed tax agents, except for natural persons who are not individual businessmen. The cited persons are bound to calculate by applying the computation method, to deduct from paid incomes and pay to the budget an appropriate tax amount.
5. In case of the sale of goods, transfer of property rights, provision of services in the
territory of the Russian Federation by foreign persons who are not placed on the records of tax bodies as taxpayers, the organisations and individual businessmen engaged in business with the participation in settlements on the basis of contracts of agency, contracts of commission or agency agreements with the said foreigners shall be recognised as tax agents. In this case, the tax base shall be determined by a tax agent as the value of such goods (works, services) and property rights with the account taken of excises (for excisable goods) and without the inclusion of the tax amount in them.
6. If within forty five calendar days as from the time of transfer of ownership of a vessel from the taxpayer to the customer the vessel is not registered in the Russian International Register of Ships, the tax base shall be estimated by a tax agent as the cost at which this vessel was sold to the customer subject to tax.
In so doing, as a tax agent shall be deemed the person possessing the vessel upon the expiry of forty five calendar days as from the time of such ownership's transfer.
The tax agent shall be obliged to estimate at the tax rate provided for by Item 3 of Article 164 of this Code an appropriate amount of tax and to remit it to the budget.
Article 162. Peculiarities of Determination of Tax Base Taking into Account Amounts Associated with Settlements for the Payment for Goods (Works, Services)
1. The tax base determined according to Articles 153 - 158 of the present Code shall be increased by the following amounts:
1) abolished from January 1, 2006; 2) received amounts for sold goods (works, services) in the form of financial assistance
and designed to replenish special purpose funds, towards the increase of incomes, or otherwise associated with payment for sold goods (works, services);
3) amounts received in the form of interest (discount) on the bonds received as offsetting payment for sold goods (works, services) and bills of exchange, interest under credits against goods in the part exceeding the interest rate calculated on the basis of the refinancing rates of the Central Bank of the Russian Federation, effective in the periods for which interest is being calculated;
Federal Law No. 245-FZ of July 19, 2011 amended Subitem 4 of Item 1 of Article 162 of this Code. The amendments shall enter into force upon the expiry of a month from the date when the said Federal Law is officially published and at the earliest on the first day of a regular tax period for the value added tax
4) indemnities received under contracts of insurance of risk of default on contractual obligations by a contractor of the insurant creditor if under the insured contractual obligations the insurant is to deliver goods (works, services) whose sale is recognised as an item of taxation according to Article 146 of this Code, except for the sale of the commodities cited in Subitem 1 of Item 1 of Article 164 of this Code;
2. Provisions of Item 1 of this Article shall not cover operations of the sale of goods (works, services) which are not subject to taxation (are released from taxation), as well as in respect of goods (works and services) which are not sold in compliance with Articles 147 and 148 of this Code on the territory of the Russian Federation.
3. The monetary assets received by management organisations, condominiums, building societies, housing or other specialised consumer cooperatives, established for the purpose of satisfying citizens' needs for housing and responsible for servicing the domestic engineering systems through which municipal services are rendered, for forming the reserve for making
running repairs and overhaul of common property in an apartment building shall not be included into the tax base.
Article 162.1. The Special Aspects of Taxation in Case of the Reorganisation of Organisations
1. During the reorganisation of a body in the form of separation, the sums of the tax shall be subjected to deductions from the reorganised (being reorganised) organisation being calculated and paid by it from the amounts of advance or other payments against the forthcoming deliveries of goods (the performance of works or the rendering of services), sold on the territory of the Russian Federation in case of the transfer of the debt upon the reorganisation to the successor or successors under the obligations associated with the sale of goods (works, services) or with the transfer of property rights.
Deductions of the tax amounts indicated in this Item shall be made in full scope after the transfer of the debt to the successor or successors under the obligations associated with the sale of goods (works, services) or with the transfer of property rights.
2. In case of the reorganisation of a body in the form of separation the tax base of the successor or successors shall be increased by the amounts of advance and other payments against the forthcoming deliveries of goods (the performance of works or the rendering of services) received by way of succession from the reorganised (being reorganised) organisation and subjected to accounting by the successor or successors.
3. In the event of reorganisation in the form of a merger, incorporation, division or transformation, the tax amounts shall be deducted from the successor or successors being calculated and paid by the reorganised organisation from the sums of advance or other payments received against the forthcoming deliveries of goods (the performance of works or the rendering of services).
4. Deductions of the tax amount calculated and paid from the sums of advance and other payments provided for by Item 2 of this Article, and also the tax amounts indicated in Item 3 of this Article shall be made by the successor or successors after the date of the sale of corresponding goods (works, services) or after the reflection of operations in the accounting of the successor or successors in cases of the dissolution of a relevant contract or of the change of its terms and of the repayment of the corresponding advance payments before the end of one year since the time of such repayment.
5. In the event of the reorganisation of a body, regardless of the form of the reorganisation the tax amounts subject to accounting by the successor or successors being presented by the reorganised (being reorganised) organisation and/or paid by this organisation during the acquisition (import) of goods (works, services) but not presented by it for a deduction shall be subjected to a deduction by the successor or successors of this organisation in the order stipulated by this chapter.
Deductions of the tax amounts indicated in the first paragraph in this Item shall be made by the successor or successors of the reorganised (being reorganised) organisation on the basis of the invoices (copies of invoices) put up by the reorganised (being reorganised) organisation or of the invoices put up to the successor or successors by sellers when they acquired goods (works, services), and also on the basis of the copies of the documents confirming the actual payment by the reorganised (being reorganised) organisation of the tax amounts to sellers during the acquisition of goods (works, services) and/or of the documents confirming the actual payment of the tax amounts to sellers during the acquisition of goods (works, services) by the successor or successors of this organisation.
6. The transfer by the taxpayer of the claim to the successor or successors in case of reorganisation of the organisation shall not be recognised as payment for goods (works, services) for the purposes of the present Chapter. With the transfer of the right of claim from the
reorganised (being reorganised) organisation to the successor or successors the tax base shall be determined by the successor or successors receiving the right of claim at the time of defining the tax base in accordance with the order established by Article 167 of the present Code with account of the clauses provided for by Subitems 2-4 of Item 1 and by Item 2 in Article 162 of this Code.
7. In the event of the reorganisation of a body the provisions stipulated by Subitems 2 and 3 of Item 5 in Article 169 of this Code for the acceptance of the tax amounts for a deduction or compensation by the successor or successors of the reorganised (being reorganised) organisation shall be regarded as fulfilled in the presence of an invoice of the requisites of the reorganised (being reorganised) organisation.
8. With the transfer to the successor or successors of goods (works, services, property rights), including fixed assets and intangible assets, with the acquisition (import) of which the tax amounts were accepted by the reorganised (being reorganised) organisation for deduction in the order stipulated by this Chapter, the corresponding tax amounts shall not be restored and paid to the budget of the reorganised (being reorganised) organisation.
9. In the event of the reorganisation of a body, regardless of the form of reorganisation, the tax amounts which are subject to accounting by the successor or successors and which in keeping with Articles 176 and 176.1 of this Code are subject to compensation, but which were not compensated by the reorganised (being reorganised organisation before the completion of the reorganisation, shall be reimbursed to the successor or successors in the order established by this Chapter.
10. With the presence of several successors the share of each of them during the completion of operation in conformity with this Article shall be determined on the basis of the act of conveyance or the dividing balance.
11. For the purpose of this Chapter the organisation being reorganised shall be understood to mean the organisation, the reorganisation of which is carried out in the form of separation until the time of the completion of its reorganisation or until the date of the state registration of the latter from among the newly-emerged organisations.
Article 163. Tax Period A quarter shall be established as a tax period (in particular for taxpayers discharging the
duties of tax agents, hereinafter referred to as tax agents).
On the examination of constitutionality of provisions of Article 164 of the Tax Code of the Russian Federation, see Decision of the Constitutional Court of the Russian Federation No. 12-P of July 14, 2003
Article 164. Tax Rates 1. Taxation shall be imposed at 0 per cent tax rate on the sale of:
1) goods that have been exported in the customs procedure and also goods placed under the customs procedure of a free customs zone provided that documents required under Article 165 of this Code are submitted to the tax authorities;
2) abrogated from January 1, 2011; Federal Law No. 245-FZ of July 19, 2011 amended Subitem 2.1 of Item 1 of Article 164
of this Code. The amendments shall enter into force upon the expiry of a month from the date when the said Federal Law is officially published and at the earliest on the first day of a regular tax period for the value added tax
2.1) services involved in international carriage of commodities.
For the purposes of this article, international carriage of commodities means carriage of commodities by sea and river vessels, mixed navigation vessels (for river and sea navigation), aircraft, railway transport and motor vehicles when the point of departure or the point of destination of goods is located outside the Russian Federation.
The provisions of this subitem shall also extend to the following services rendered by Russian organisations and individual businessmen:
services involved in providing railway rolling stock and/or containers for international carriage held in ownership or on a leasehold basis (in particular on the basis of financial lease (leasing);
forwarding services rendered on the basis of a freight forwarding agreement when arranging international carriage. For the purposes of this Article, as forwarding services shall be deemed participation in talks for making contracts of goods' purchase and sale, legalization of documents, cargo acceptance and release, cargo delivery and pickup, loading and unloading, as well as storage services, informational services, preparation and additional equipping of transport vehicles, services involved in arranging cargo insurance, payment and financial services, services involved in customs clearance of cargo and of transport vehicles, as well as development and coordination of technical regulations on cargo loading and fixing, cargo tracing after the expiry of its delivery term, control over the observance of the completeness of equipment when shipping it, cargo remarking, maintenance and repair of consignors' general- purpose containers, maintenance of refrigerator containers and cargo storage in a forwarding agent's storage space and on open sites.
The provisions of this subitem shall not extend to the services of the Russian railway carriers cited in Subitem 9 of this item.
The provisions of this subitem shall also extend to the services cited in Paragraphs Four and Five of this subitem rendered when arranging and effecting carriage by rail from the place of commodities arrival at the customs territory of the Russian Federation (from ports or border railway stations located in the territory of the Russian Federation) to the railway station of commodities' destination located in the territory of the Russian Federation;
2.2) works (services) carried out (rendered) by the organisations engaged in pipeline transportation of oil and oil products involving the following:
transportation of oil and oil products, irrespective of the date of their placement under an appropriate customs procedure, from a point of departure located in the territory of the Russian Federation to the border of the Russian Federation for their subsequent delivery by pipeline transport beyond the boundaries of the territory of the Russian Federation, or to seaports of the Russian Federation for their subsequent delivery beyond the boundaries of the territory of the Russian Federation, or to the point of their transshipment (reloading, discharge, running) to other modes of transport, including pipeline one) which is located in the territory of the Russian Federation for their subsequent delivery outside the boundaries of the territory of the Russian Federation by other modes of transport, including pipeline one;
transshipment and/or reloading of oil and oil products exported beyond the boundaries of the territory of the Russian Federation, in particular at sea and river ports, irrespective of the date when they are placed under an appropriate customs procedure.
For the purposes of this article, transshipment means loading, unloading, discharge, running, marking, assortment, packing and movement within the boundaries of a sea or river port, technological cargo accumulation, making cargo transportable, its fixing and separation.
For the purposes of this Chapter, as pipeline transport organisations engaged in transportation of oil and oil products shall be deemed the Russian organisations exercising the activities involved in transportation of oil and oil products via trunk pipelines.
This subitem shall extend to the works (services) carried out (rendered) on the basis of
an agreement (contract) made with: a foreign or Russian person that has made a foreign economic transaction involving the
sale of oil or oil products to be transported outside the territory of the Russian Federation or is the person on whose behalf or on whose instructions the cited foreign trade transaction has been made;
an agent (commission agent) of a foreign or Russian person that has made a foreign economic transaction involving the sale of oil and/or oil products to be transported beyond the boundaries of the territory of the Russian Federation or is the person on whose behalf or on whose instructions the cited foreign economic transactions has been made.
the provisions of this subitem shall also extend to the works (services) carried out (rendered) by organisations engaged in pipeline transportation of oil and oil products as to transportation, transfer and/or overloading of oil and oil products placed under the customs treatment of customs transit, as well as exported from the territory of the Russian Federation into the territory of a member state of the Customs Union, subject to the specifics stated in this subitem.
This subitem shall not extend to the works (services) carried out (rendered) on the basis of contracts in which solely organisations engaged in pipeline transportation of oil and oil products participate;
Federal Law No. 245-FZ of July 19, 2011 amended Subitem 2.3 of Item 1 of Article 164 of this Code. The amendments shall enter into force upon the expiry of a month from the date when the said Federal Law is officially published and at the earliest on the first day of a regular tax period for the value added tax
2.3) services involved in arranging transportation by pipeline transport of natural gas moved beyond the boundaries of the territory of the Russian Federation (moved into the territory of the Russian Federation), including the one placed under the customs treatment of customs transit, as well as services involved in transportation (arrangement of transportation) by pipeline transport of natural gas moved into the territory of the Russian Federation for processing in the territory of the Russian Federation.
For the purposes of this Chapter, as arrangement of natural gas transportation by pipeline transport shall be deemed the services rendered by the owner of trunk pipelines on the basis of a separate agreement which provides for arrangement of natural gas transportation;
Federal Law No. 309-FZ of November 27, 2010 supplemented Item 1 of Article 164 of this Code with Subitem 2.4. The Subitem shall enter into force on January 1, 2011 but not earlier than upon the expiry of one month from the day of official publication of the said Federal Law and not earlier than the first day of the next tax period for the value-added tax
2.4) services rendered by the organisation engaged in managing the unified national (all- Russia) power grid which are involved in transmittance via the unified national (all-Russia) power grid of the electric energy supplied from the electric energy system of the Russian Federation to electric energy systems of foreign states;
Federal Law No. 309-FZ of November 27, 2010 supplemented Item 1 of Article 164 of this Code with Subitem 2.5. The Subitem shall enter into force on January 1, 2011 but not earlier than upon the expiry of one month from the day of official publication of the said Federal Law and not earlier than the first day of the next tax period for the value-added tax
2.5) works (services) carried out (rendered) by Russian organisations (except for pipeline transport organisations) at sea and river ports which are involved in transshipment and storage of commodities moved across the border of the Russian Federation in whose transportation documents is cited the point of departure and/or the point of destination which is located beyond
the boundaries of the territory of the Russian Federation;
Federal Law No. 309-FZ of November 27, 2010 supplemented Item 1 of Article 164 of this Code with Subitem 2.6. The Subitem shall enter into force on January 1, 2011 but not earlier than upon the expiry of one month from the day of official publication of the said Federal Law and not earlier than the first day of the next tax period for the value-added tax
2.6) works (services) involved in processing commodities placed under the customs procedure of processing in the customs territory;
Federal Law No. 245-FZ of July 19, 2011 amended Subitem 2.7 of Item 1 of Article 164 of this Code. The amendments shall enter into force upon the expiry of a month from the date when the said Federal Law is officially published and at the earliest on the first day of a regular tax period for the value added tax
2.7) services involved in providing railway rolling stock and/or containers, as well as transportation-and-shipping services, which are rendered by Russian organisations or individual businessmen holding railway rolling stock and/or containers in their ownership or on a leasehold basis (in particular on the basis of financial lease (leasing)) for carrying or transporting by rail commodities or derived products to be exported, provided that the point of departure and the point of destination are located in the territory of the Russian Federation.
The provisions of this subitem shall apply upon condition that transportation documents have the notes of customs authorities which are cited in Subitem 3 of Item 3.7 of Article 165 of this Code.
The provisions of this subitem shall not extend to the services rendered by the Russian railway carriers cited in Subitem 9 of this item and to the services cited in Subitem 2.1 of this item;
Federal Law No. 309-FZ of November 27, 2010 supplemented Item 1 of Article 164 of this Code with Subitem 2.8. The Subitem shall enter into force on January 1, 2011 but not earlier than upon the expiry of one month from the day of official publication of the said Federal Law and not earlier than the first day of the next tax period for the value-added tax
2.8) works (services) carried out (rendered) by inland water transport organisations in respect of the goods exported in the customs procedure of export when carrying (transporting) commodities within the boundaries of the territory of the Russian Federation from the point of departure to the point of unloading or reloading (transshipment) on sea vessels, mixed navigation vessels (for river and sea navigation) or other modes of transport.
For the purposes of this article, as inland water transport organisations shall be deemed the Russian organisations navigating the inland water routes of the Russian Federation and exercising other activities connected with navigation via inland water routes of the Russian Federation, as well as with entry into the internal waters and exit from the territorial sea of the Russian Federation;
3) the works or services directly connected with the carriage or transportation of goods placed under the customs procedure of customs transit when carrying foreign goods from the customs authority at the place of arrival at the territory of the Russian Federation to the customs authority at the place of their departure from the territory of the Russian Federation;
Federal Law No. 245-FZ of July 19, 2011 supplemented Item 1 of Article 164 of this Code with Subitem 3.1. The Subitem shall enter into force upon the expiry of a month from the date when the said Federal Law is officially published and at the earliest on the first day of a regular tax period for the value added tax
3.1) services rendered to organisations or individual businessmen: involving the provision of rolling stock and/or containers owned or possessed on a
leasehold basis (in particular on the basis of financial lease (leasing) for rendering the services involved in carriage or transportation by rail of commodities moved across the territory of the Russian Federation from the territory of a foreign state which is not a member of the Customs Union, in particular across the territory of a member state of the Customs Union or from the territory of a member state of the Customs Union into the territory of another foreign state, in particular of the one which a member of the Customs Union;
which are transportation-shipping services rendered on the basis of a contract of transport expedition when rendering the services involved in carriage or transportation by rail of commodities moved across the territory of the Russian Federation from the territory of a foreign state which is not a member of the Customs Union, in particular across the territory of a member state of the Customs Union or from the territory of a member state of the Customs Union into the territory of another foreign state, in particular of the one which a member of the Customs Union.
The provisions of this subitem shall not extend to the services rendered by Russian railway carriers;
4) services in the carriage of passengers and luggage on condition that the departure point or destination point of passengers and luggage is located outside the territory of the Russian Federation, provided the carriage is registered on the basis of uniform international documents of carriage;
5) goods (works, services) in the area of space activity. The provisions of this Subitem shall extend to the space hardware, space facilities and
space infrastructure items which are subject to obligatory certification in compliance with the legislation of the Russian Federation on space activity, as well as to the space hardware, space facilities and space infrastructure items of military and dual purpose, to works (services) carried out (rendered) with the use of the hardware which is located directly in space, including that which is controlled from the surface and/or from the atmosphere of the Earth; preparatory and/or indirect (accompanying) land works (services) which are relevant (necessary) from the technological point of view and which are inevitably related to the performance of works (rendering of services) involving space exploration and/or to the performance of works (rendering of services) with the use of the equipment which is located directly in outer space;
6) of noble metals by taxpayers, engaged in their extraction or production out of scrap and wastes, containing noble metals, to the State Fund of Noble Metals and Precious Stones of the Russian Federation, to the funds of noble metals and precious stones of the subjects of the Russian Federation, to the Central Bank of the Russian Federation and to banks;
7) goods (works, services) for official use by foreign diplomatic representations and agencies equated to such or for personal use by diplomatic or administrative-clerical personnel of such agencies, including members of their families staying with them.
The sale of goods (performance of works, rendering of services) specified in this Subitem shall be subject to taxation at 0 per cent when the legislation of the corresponding foreign state establishes a similar order concerning diplomatic agencies and those equated to such, of the Russian Federation, diplomatic and administrative-clerical personnel of such agencies (including members of their families staying with them), or if such standard is stipulated in an international treaty of the Russian Federation. The list of foreign states concerning whose agencies the standards of this Subitem are applied shall be defined by a federal body of executive power in the area of international relations jointly with the Ministry of Finance of the Russian Federation.
The order of application of this Subitem shall be established by the Government of the
Russian Federation.
8) supplies exported from the territory of the Russian Federation. For the purposes of this Article supplies shall mean fuel and combustive-lubricating materials which are necessary for ensuring the normal operation of aircraft and sea ships, as well as mixed navigation vessels (for rivers and sea).
9) works (services) performed by Russian carriers on the railway transport: in the carriage or transportation of goods exported beyond the borders of the territory of
the Russian Federation and exportation from the territory of the Russian Federation of products of processing on the territory of the Russian Federation;
and connected with the carriage or transportation mentioned in paragraph two of this Subitem whose value is indicated in the carriage documents for the carriage of the goods being exported (products of processing being exported).
The provisions of this Subitem shall be applicable on condition that on the carriage documents there are put down the notes of the customs bodies mentioned in Item 5 of Article 165 of this Code;
Federal Law No. 245-FZ of July 19, 2011 supplemented Item 1 of Article 164 of this Code with Subitem 9.1. The Subitem shall enter into force upon the expiry of a month from the date when the said Federal Law is officially published and at the earliest on the first day of a regular tax period for the value added tax
9.1) works (services) carried out (rendered) by Russian railway carriers: which are Involved in carriage or transportation of commodities exported from the
territory of the Russian Federation into the territory of a member state of the Customs Union and which are directly involved in carriage or transportation of the cited commodities whose cost is shown in their shipping documents;
which are involved in carriage or transportation of commodities moved across the territory of the Russian Federation from the territory of a foreign state which is not a member of the Customs Union, in particular across the territory of a member state of the Customs Union or from the territory of a member state of the Customs Union into the territory of another foreign state, in particular of the one which a member of the Customs Union, and which are directly involved in carriage or transportation of the cited commodities whose cost is shown in their shipping documents;
10) built-up ships subject to registration in the Russian International Register of Ships, provided that the documents stipulated by Article 165 of this Code are submitted to the tax authorities.
Federal Law No. 245-FZ of July 19, 2011 supplemented Item 1 of Article 164 of this Code with Subitem 11. The Subitem shall enter into force upon the expiry of a month from the date when the said Federal Law is officially published and at the earliest on the first day of a regular tax period for the value added tax
11) commodities (works, services) intended for the official use by international organizations and their representative offices exercising their activities in the territory of the Russian Federation. A list of international organizations, which the rules of this subitem apply to, shall be defined by the federal executive power body in charge of international relations jointly with the Ministry of Finance of the Russian Federation.
The 0 tax rate shall apply to the commodities (works, services) sold for the official use by international organizations and their representative offices exercising their activities in the
territory of the Russian Federation on the basis of the provisions of international treaties made by the Russian Federation which provide for exemption from tax.
12) works (services) involved in carriage (transportation) of commodities exported outside the territory of the Russian Federation or imported into the territory of the Russian Federation by seagoing ships and mixed navigation (river-sea) vessels on the basis of time charter contracts.
2. Taxation shall be imposed at 10 per cent in case of sale of: 1) the following food articles: cattle and poultry in live weight; meat and meat products (except for gourmet articles: tenderloin, veal, tongue, sausage
articles - fresh smoked of best quality, fresh smoked semi-dry, of best quality, fresh seasoned, stuffed of best quality; smoked articles made of pork, mutton, beef, veal, poultry - balyk, karbonade, neck, ham, pastorma, loin; baked pork and beef; canned ham, bacon, karbonade and tongue in marinade);
milk and diary products (including ice-cream produced on their basis, except for ice- cream produced on a fruits-and-berry basis, fruit and food ice);
eggs and egg based products; vegetable oil; margarine; sugar, including raw sugar; salt; grain, compound food, fodder mixes, grain waste; oilseeds and products of their processing (coarsely cut, oilcakes); bread and baked food articles (including fancy bread, rusk and roll articles); groats; flour; pasta; live fish (except for valuable species: white salmon, Baltic and Far Eastern salmon,
sturgeon (beluga, bester, sturgeon, sevryuga, sterlet), salmon, trout (except for sea trout), nelma, keta, chavycha, kizhuch, muksun, omul, Siberian and Amur sig, chir);
seafood and fish products, including cooled, frozen or of another kind of processing, herring, canned food and pickled canned food (except for gourmet articles: caviar of sturgeon and salmon species; of white salmon, Baltic salmon, of sturgeon fish - beluga, bester, sturgeon, sevryuga, sterlet; salmon; backs and flanks of nelma, cold smoked; light-, medium- and semuzh- pickled keta and chavycha; backs of keta, chavycha and cold smoked kizhuch, flanks of keta and sides of cold smoked chavycha; backs of muksun, omul, Siberian and Amur sig, cold smoked chir; pickled canned fillet slices of Baltic salmon and Far Eastern salmon; crab meat and sets of cooked-and-frozen separate limbs of crabs; of spiny lobsters);
children's and diabetic foods; vegetables (including potatoes);
See List of the Codes of the Types of Foodstuffs in Accordance with the All-Russia Classifier of Products Imposable with Value-Added Tax at the 10 per Cent Tax Rate in Their Realisation and List of the Codes of the Types of Foodstuffs in Accordance with the Commodity Classification of Foreign Economic Activity of the Russian Federation Imposable with Value- Added Tax at the 10 per Cent Tax Rate in Import into the Customs Territory of the Russian Federation approved by Decision of the Government of the Russian Federation No. 908 of December 31, 2004
2) the following goods for children: knitted articles for the newborn and children of day care, pre-school, junior and senior
school age groups: outdoor knitted articles, knitted underwear articles, socks and stockings, other knitted articles: gloves, mittens, headgear;
ready-made garments, including garments made of natural sheepskin and rabbit (and likewise ready-made garments from natural sheepskin and rabbit with leather insets) for new born children and for children of nursery age, pre-school, junior and senior school age, outer clothing (including dresses and suits), underwear articles, headgear, clothes and articles for new-born children and children of nursery age. The provisions of this Paragraph shall not extend to ready-made garments made of natural leather and natural fur, except for natural sheepskin and rabbit;
footwear (except for sports): footwear for the newborn and children of day care groups, of pre-school, and school; made of felt or rubber: small children's sizes, childrens, pupils';
children's beds; children's mattresses; perambulators; school exercise-books; toys; plasticine; pencil cases; counting sticks; school abacuses; school diaries; drawing-books; albums for drawing; albums for plotting; folders for exercise-books; covers for textbooks, diaries, exercise-books; holders of cards with figures and letters; diapers. 3) periodical printed publications, except for periodical printed publications of advertising
or erotic nature; education, science and culture books, safe for promotional and erotic books; Paragraphs from three to six are abrogated from January 1, 2005.
See the List of types of periodical printed publications and book products associated with education, science and culture and sales of which are subject to value-added tax at the rate of 10 per cent, approved by Decision of the Government of the Russian Federation No. 41 of January 23, 2003. This Decision shall cover legal relations that have arisen since January 1, 2002
For the purposes of this Subitem the "periodical printed publication" is a newspaper, magazine, almanac, bulletin, another publication with a permanent title, current number and issued at least once a year.
For the purposes of this Subitem the "periodical printed publications of advertising nature" are periodical printed publications in which advertisement occupies over 40 per cent of the volume of one issue of the periodical publication;
4) the following medical goods, Russian and foreign-made: medicinal preparations, in particular medicinal preparations intended for clinical testing,
medicinal substances including in particular those made by a chemist's shop; medical-purpose articles.
See the List of codes of medical goods in accordance with the All-Russia Classification of products imposable with value-added tax at a 10 per cent tax rate in their realisation approved by Decision of the Government of the Russian Federation No. 688 of September 15, 2008
3. Taxation shall be at the 18 per cent tax rate in the cases not specified in Items 1, 2 and 4 of this Article.
4. When receiving monetary assets connected with payments for the goods (works and services) provided for by Article 162 of the this Code and also upon the receipt of payment or partial payment against the forthcoming deliveries of goods (the performance of works and the rendering of services), the transfer of property rights provided for by Items 2 - 4 in Article 155 of this Code, when deducting the tax by tax agents in compliance with Items 1 - 3 of Article 161 of this Code, when selling property purchased elsewhere and taxable under Item 3 of Article 154 of this Code, when selling agricultural products and products of processing thereof in accordance with Item 4 of Article 154 of this Code, in the realisation of motor vehicles in accordance with Item 5.1 of Article 154 of this Code, during the transfer of property rights in conformity with Items 2 - 4 of Article 155 of this Code, as well as in other cases where in compliance with this Code the amount of the tax should be determined by way of calculations, the tax rate shall be determined as percentage of the tax rate provided for by Item 2 or Item 3 of this Article, to the tax base taken as 100 and increased by the appropriate amount of the tax rate.
5. In case of the import of goods to the territory of the Russian Federation and other territories which are under its jurisdiction, the tax rates specified in Items 2 and 3 of this Article shall be applied.
According to Federal Law 118-FZ of August 5, 2000 (in the wording of Federal Law No. 338- FZ of November 28, 2011) up to January 1, 2018 realisation of services in the transfer of pedigree cattle and poultry for ownership and use under agreements of financial lease (leasing) with the right of buy-out, the taxation with value-added tax shall be made at the tax rate of 10 per cent
6. Abolished from January 1, 2007. On the examination of constitutionality of provisions of Article 165 of the Tax Code of the Russian Federation, see Decision of the Constitutional Court of the Russian Federation No. 12-P of July 14, 2003
Article 165. The Order of Confirmation of the Right to Receive Reimbursements in Case of Taxation at the 0 Per Cent Tax Rate
1. In case of sale of goods specified by Subitem 1 of Item 1 and (or) Subitem 8 of Item 1 of Article 164 of this Code for confirmation of justification of application of the 0 per cent tax rate (or peculiarities of taxation) and tax deductions, the following documents shall be submitted to the tax authorities unless otherwise is stipulated by Items 2 and 3 of this Article;
1) the contract (copy of the contract) made by the taxpayer with a foreign person for delivering goods (supplies) beyond the borders of the united customs territory of the Customs
Union (hereinafter referred to in this Code as the customs territory of the Customs Union) and/or supplies beyond the boundaries of the Russian Federation. If the contracts contain information constituting a state secret, instead of copies of the complete text of the contract an abstract thereof shall be submitted containing the information required to effect the tax control (in particular, information on the terms of delivery, on its time, on products' price and type);
2) abrogated; Federal Law No. 245-FZ of July 19, 2011 amended Subitem 3 of Item 1 of Article 165 of
this Code. The amendments shall enter into force upon the expiry of a month from the date when the said Federal Law is officially published and at the earliest on the first day of a regular tax period for the value added tax
3) a customs declaration (its copy) with marks of the Russian customs authority which has released goods in the procedure of export and of the Russian customs authority of the place of departure through which the goods were exported from the territory of the Russian Federation and from other territories which are under its jurisdiction (hereinafter referred to in this article as the Russian customs authority of the place of departure).
When goods are brought out in the customs procedure of export by the pipeline transport or by electric power transmission lines, a full customs declaration or its copy shall be presented with the notes by the Russian Customs agency, which confirm the placement of goods under the customs procedure of export.
In case of export of goods in the customs procedure of export across the border of the Russian Federation with a member state of the Customs Union on which the customs control has been cancelled, the customs declaration (its copy) shall be submitted to third countries with notes of the customs authority of the Russian Federation effecting the customs clearance of the said exportation of goods.
abrogated from January 1, 2009. When exporting supplies from the territory of the Russian Federation, the customs
declaration in respect of the supplies (a copy thereof) shall be presented, bearing notes of the customs authority, in whose area of operation a port (airport) opened for international carriage is located, in respect of the supplies exportation outside the Russian Federation (where customs declaring is provided for by the customs legislation of the Customs Union).
Paragraph six is abrogated: Paragraph seven is abrogated; Paragraph eight is abrogated; In the procedure determined by the Ministry of Finance of the Russian Federation a
taxpayer may submit the following by approbation of the federal executive body in charge of customs affairs:
a register of customs declarations containing data on actually exported commodities bearing notes of the Russian customs authority at the place of departure instead of the customs declarations (copies thereof) whose submission is provided for by Paragraph One of this Subitem;
a register of customs declarations containing data on customs clearance of commodities under the customs procedure of export bearing notes of a customs agency of the Russian Federation proving the fact of placing commodities under the customs procedure of export instead of the customs declarations (copies thereof) whose submission is provided for by Paragraphs Two and Three of this Subitem;
4) copy of the transport, shipping and/or of other documents with marks of the customs authorities at the places of departure confirming the export of goods from the territory of the Russian Federation. The taxpayer can submit any of the listed documents taking into account the following.
In case of export of goods under the customs procedure of export on ships through seaports, the taxpayer shall submit to the tax authorities the following documents to confirm that the goods have been exported from the territory of the Russian Federation and other territories which are under its jurisdiction:
a copy of an order to ship the exported goods, including the name of the port of discharge with a mark "Loading permitted" of a border custom-house of the Russian Federation. In case of exportation of catches of aquatic biological resources, as well as fish and other products made of them that have been delivered into the territory of the Russian Federation in compliance with the legislation on fishing and conservation of aquatic biological resources without their unloading into the land territory of the Russian Federation, such copy of an order shall not be filed by a taxpayer with tax authorities;
a copy of a bill of lading, a sea waybill or any other document that confirms the acceptance of export goods for carriage and indicates in the column "Port of unloading" the place located outside the territory of the Russian Federation and other territories which are under its jurisdiction;
In the case of export of goods under customs procedure of export across the border of the Russian Federation with a member state of the Customs Union, where customs control has been abolished, copies of carriage and forwarding documents shall be presented as bearing annotations of the customs body of the Russian Federation which has completed customs formalities in respect of said export of the goods.
In case of export of goods under the regime of export by air transport, the taxpayer shall submit to tax authorities a copy of the international air cargo waybill which is to name the airport of discharge located outside the territory of the Russian Federation and of other territories which are under its jurisdiction, in order to confirm the export of goods beyond the boundaries of the territory of the Russian Federation and of other territories which are under its jurisdiction.
Copies of transport, shipping and/or other documents confirming the export of goods from the territory of the Russian Federation and other territories which are under its jurisdiction can not be submitted in case of export of goods under the customs procedure of export by pipeline transport or via transmission lines.
When exporting supplies from the territory of the Russian Federation, shall be submitted copies of transportation, shipping and other documents, containing, in particular, data on the quantity of supplies, confirming the export of the supplies from the customs territory of the Customs Union and/or beyond the boundaries of the territory of the Russian Federation by aircraft and sea ships, as well as by mixed navigation vessels (for inland and sea navigation).
In case if the loading of goods and the customs clearance of them, when goods are brought in the customs procedure of export by ships are carried out outside the region of the activity of a border customs agency, the following documents shall be presented to tax bodies for the confirmation of the export of goods from the territory of the Russian Federation and other territories which are under its jurisdiction:
a copy of the order on the unloading of export cargoes with the note "Loading is permitted" of the Russian customs agency which carried out the customs clearance of the said export of goods, and also with the note of the Russian customs authority at the place of departure that confirms the export of goods from the territory of the Russian Federation;
a copy of a bill of lading, a sea waybill or any other document which confirms the acceptance of export goods for carriage and which indicates in the column "Port of unloading" the place located outside the territory of the Russian Federation and other territories which are under its jurisdiction.
Paragraph twelve is abrogated; 5) when the goods are placed under the customs procedure of free customs zone, it is
required to present:
the contract (copy of contract) made with the resident of special economic zone; a copy of the certificate of registration of the person as a resident of the special economic
zone issued by the federal executive body authorised to perform the functions of managing special economic zones or by its territorial body;
paragraph four is abrogated; customs declaration (or its copy) bearing the notes of the customs body on the release
of goods in line with the customs procedure of free customs zone or in case of import into the by-port special economic zone of Russian goods placed outside the by-port special economic zone under the customs procedure of export or when moving supplies, customs declaration (its copy) bearing the notes of the customs body that released the goods in line with the applied-for customs procedure and of the customs body authorised to carry out customs procedures and customs operations upon customs clearance of goods in accordance with the customs procedure of free customs zone and within whose area of activity the by-port special economic zone is situated;
documents specified under Subitem 1 of this Item, in case of import into the by-port special economic zone of goods placed outside the by-port special economic zone under the customs procedure of export or when moving supplies.
2. In case of sale of goods stipulated by Subitem 1 or 8 of Item 1 of Item 1 of Article 164 of this Code, through a commission agent, an attorney or an agent under a contract, of commission agency, contract of delegation or agency contract, the following documents shall be submitted to the tax authorities in order to prove the propriety of the application of the 0 per cent tax rate (or peculiarities of taxation) and tax deductions:
1) the contract of commission agency, contract of delegation or agency contract (or copies) of the taxpayer with a commission agent, attorney or agent;
2) the contract (or a copy thereof) of the person effecting the delivery of goods for export or delivery of supplies on the instruction of the taxpayer (according to the contract of commission agency, contract of delegation or agency contract) with a foreign person to deliver goods (supplies) from the customs territory of the Customs Union and/or supplies beyond the boundaries of the Russian Federation;
3) abrogated; 4) documents stipulated by Subitems 3 - 5 of Item 1 of this Article.
3. In case of sale of goods stipulated by Subitem 1 of Item 1 of Article 164 of this Code, towards the servicing of the debt of the Russian Federation and of the former USSR or to offset the extension of state credits to foreign states, the following documents shall be submitted to the tax authorities in order to prove the propriety of the application of the 0 per cent tax rate (or peculiarities of taxation) and tax deductions:
1) a copy of an agreement between the Government of the Russian Federation and the government of a corresponding foreign state on the settlement of indebtedness of the former USSR (the Russian Federation) or to offset the extension of state credits to foreign states;
2) a copy of an agreement between the Treasury of the Russian Federation and the taxpayer about the funding of deliveries of goods towards the repayment of state debt or to offset the extension of state credits to foreign states;
3) abrogated; 4) documents stipulated by Subitems 3 and 4 of Item 1 of this Article or when the goods
are placed under the customs procedure of free customs zone, documents specified under Subitem 5 of Item 1 of this Article.
Federal Law No. 309-FZ of November 27, 2010 supplemented Article 165 of this Code with Item 3.1. The Item shall enter into force not earlier than upon the expiry of one month from the day of official publication of the said Federal Law and not earlier than the first day of the next tax period for the value-added tax
The provisions of Item 3.1 of Article 165 of this Code (in the wording of the Federal Law No. 309-FZ of November 27, 2010) shall apply to works (services) carried out (rendered) after the date when the said Federal Law enters into force
3.1. When selling the services provided for by Subitem 2.1 of Item 1 of Article 164 of this Code, the following documents shall be filed with tax authorities to prove the reasonableness of applying the 0 per cent tax rate by taxpayers:
1) a contract (a copy thereof) of rendering the cited services made by a taxpayer with a foreign or Russian person. In the event of exporting goods from the territory of the Russian Federation to the territory of a member state of the Customs Union or in the event of importing goods to the territory of the Russian Federation from the territory of a member state of the Customs Union and of making by the taxpayer of a contract of rendering the cited services with a person that does make a foreign economic transaction in the goods being moved, apart from the cited contract (a copy thereof), shall be filed a copy of the contract made by this person with the person making a foreign economic transaction in the goods being moved;
2) abrogated; 3) copies of transportation, shipping and/or other documents proving exportation of
goods beyond the boundaries of the territory of the Russian Federation (import of goods into the territory of the Russian Federation), in particular subject to the following specifics.
When exporting goods beyond the boundaries of the customs territory of the Customs Union, in particular across the territory of a member state of the Customs Union, by a sea or river vessel or by a mixed navigation vessel (for inland and sea navigation), the following shall be filed with tax authorities;
a copy of the instructions to ship goods citing the port of their unloading and bearing the note "Loading is permitted" of the Russian customs authority at the place of departure;
a copy of a bill of lading, sea waybill or any other document proving the goods' acceptance for transportation in whose column "Port of unloading" is cited the place which is located outside the customs territory of the Customs Union.
If goods are unloaded and their customs clearance, in case of goods' exportation by using a sea vessel, or river vessel, or a mixed navigation vessel (for inland and sea navigation), is effected outside the area of operation of the Russian customs authority of the place of departure, the following shall be filed with tax authorities:
a copy of the instructions to ship goods bearing the note "Loading is permitted" of the Russian customs authority engaged in the goods' customs clearance, as well as a note of the customs authority at the place of departure proving exportation of goods outside the territory of the Russian Federation;
a copy of a bill of lading, sea waybill or any other document proving the goods' acceptance for transportation in whose column "Port of unloading" is cited the place which is located outside the customs territory of the Customs Union.
When importing goods by a sea or river vessel, or by a mixed navigation vessel (for inland and sea navigation) from the territory of a foreign state which is not a member of the Customs Union, in particular across the territory of a member state of the Customs Union, with tax authorities shall be filed a copy of a bill of lading, sea waybill or any other document proving the acceptance of goods for carriage, in whose column "Port of loading" is cited the place which is located outside the customs territory of the Customs Union.
When exporting commodities beyond the boundaries of the territory of the Customs
Union, in particular across the territory of a member state of the Customs Union, by air transport, with the tax authorities shall be filed a copy an airway bill citing the airport of unloading (reloading) located outside the customs territory of the Customs Union.
When importing goods by air from the territory of a foreign state which is not a member of the Customs Union, in particular across the territory of a member state of the Customs Union, with tax authorities shall be filed a copy of an airway bill citing the airport of loading (reloading) located outside the customs territory of the Customs Union.
When exporting goods by motor transport outside the customs territory of the Customs Union, in particular across the territory of a member state of the Customs Union, with tax authorities shall be filed a copy of transportation, shipping and/or other document bearing a note of a Russian customs authority that proves the goods' exportation beyond the boundaries of the territory of the Russian Federation.
When importing goods by motor transport from the territory of a foreign state which is not a member of the Customs Union, in particular across the territory of a member state of the Customs Union, with tax authorities shall be filed a copy of the transportation, shipping and/or other document bearing a note of a Russian tax authority proving import of goods to the territory of the Russian Federation.
In case of exportation of goods by rail outside the customs territory of the Customs Union, in particular across the territory of a member state of the Customs Union, with tax authorities shall be filed a copy of the transportation, shipping and/or other document bearing a note of a customs authority that proves exportation of goods outside the territory of the Russian Federation or placement of commodities under the customs procedure which stipulates the goods' departure from the customs territory of the Customs Union.
In case of import of goods by rail from the territory of a foreign state which is not a member of the Customs Union, in particular across the territory of a member state of the Customs Union, with tax authorities shall be filed a copy of the transportation, shipping and/or other document bearing a note of a customs authority that proves import to the territory of the Russian Federation.
In the event of exportation of goods from the territory of the Russian Federation to the territory of a member state of the Customs Union or in the event of import of goods to the territory of the Russian Federation from the territory of a member state of the Customs Union by sea or river vessels, or mixed navigation vessels (for inland and sea navigation), by aircraft, railway transport and motor vehicles, with tax authorities shall be filed copies of transportation, shipping and/or other documents citing the places of unloading or places of loading (the railway station of destination or the railway station of departure) located in the territory of another member state of the Customs Union.
Federal Law No. 309-FZ of November 27, 2010 supplemented Article 165 of this Code with Item 3.2. The Item shall enter into force not earlier than upon the expiry of one month from the day of official publication of the said Federal Law and not earlier than the first day of the next tax period for the value-added tax
The provisions of Item 3.2 of Article 165 of this Code (in the wording of the Federal Law No. 309-FZ of November 27, 2010) shall apply to works (services) carried out (rendered) after the date when the said Federal Law enters into force
3.2. When selling the works (services) provided for by Subitem 2.2 of Item 1 of Article 164 of this Code, taxpayers shall file with tax authorities the following documents proving the reasonableness of applying the 0 per cent tax rate:
1) a contract (a copy thereof) of carrying out the cited works (rendering the cited services) made by a taxpayer with the person cited in Paragraphs Six-Eight of Subitem 2.2 of
Item 1 of Article 164 of this Code; 2) abrogated; 3) the complete customs declaration (a copy thereof) bearing notes of the Russian
customs authority (if the Russian customs authority registers the customs declaration) or of the customs authority of a member state of the Customs Union (if the customs declaration is registered by the cited customs authority) that has released commodities (oil or oil products), or the documents (copies thereof) that prove rendering the services involved in oil and oil products transportation by pipeline transport, if customs declaring is not provided for by the customs legislation of the Customs Union);
4) copies of transportation, shipping and/or other documents proving goods' exportation outside the territory of the Russian Federation. The provisions of this subitem shall apply subject to the specifics stipulated by Subitem 4 of Item 1 of this article.
Federal Law No. 309-FZ of November 27, 2010 supplemented Article 165 of this Code with Item 3.3. The Item shall enter into force not earlier than upon the expiry of one month from the day of official publication of the said Federal Law and not earlier than the first day of the next tax period for the value-added tax
The provisions of Item 3.3 of Article 165 of this Code (in the wording of the Federal Law No. 309-FZ of November 27, 2010) shall apply to works (services) carried out (rendered) after the date when the said Federal Law enters into force
3.3. When selling the services provided for by Subitem 2.3 of Item 1 of Article 164 of this Code, taxpayers shall file with tax authorities the following documents proving the reasonableness of applying the 0 per cent tax rate:
1) a contract (a copy thereof) of rendering the cited services made by a taxpayer with a foreign or Russian person;
2) abrogated; 3) the complete customs declaration (a copy thereof) bearing notes of a Russian customs
authority in respect of making customs operations (if customs declaration has been submitted) or the documents (copies thereof) which prove rendering the services involved in arranging transportation (the services involved in transportation in the event of import into the territory of the Russian Federation) of natural gas by pipeline transport (if customs declaration has not been submitted).
Federal Law No. 309-FZ of November 27, 2010 supplemented Article 165 of this Code with Item 3.4. The Item shall enter into force not earlier than upon the expiry of one month from the day of official publication of the said Federal Law and not earlier than the first day of the next tax period for the value-added tax
The provisions of Item 3.4 of Article 165 of this Code (in the wording of the Federal Law No. 309-FZ of November 27, 2010) shall apply to works (services) carried out (rendered) after the date when the said Federal Law enters into force
3.4. When selling the services provided for by Subitem 2.4 of Item 1 of Article 164 of this Code, taxpayers shall file with tax authorities the following documents proving the reasonableness of applying the 0 per cent tax rate:
1) a contract (a copy thereof) of rendering the cited services made by a taxpayer with a Russian person;
2) copies of the reports on rendering the services involved in electric energy transmission and/or of other documents proving electric energy transmission which is supplied from the electric energy system of the Russian Federation to electric energy systems of foreign states;
3) a bank abstract (a copy thereof) proving an actual entry of proceeds from the Russian person that is the purchaser of the cited services onto the taxpayer's account opened with a Russian bank.
If foreign currency proceeds from selling services in the territory of the Russian Federation are not entered in compliance with the procedure provided for by the currency legislation of the Russian Federation, a taxpayer shall file with tax authorities the documents (copies thereof) which prove the right not to enter foreign currency proceeds in the territory of the Russian Federation.
Federal Law No. 309-FZ of November 27, 2010 supplemented Article 165 of this Code with Item 3.5. The Item shall enter into force not earlier than upon the expiry of one month from the day of official publication of the said Federal Law and not earlier than the first day of the next tax period for the value-added tax
The provisions of Item 3.5 of Article 165 of this Code (in the wording of the Federal Law No. 309-FZ of November 27, 2010) shall apply to works (services) carried out (rendered) after the date when the said Federal Law enters into force
3.5. When selling the works (services) provided for by Subitem 2.5 of Item 1 of Article 164 of this Code, taxpayers shall file with tax authorities the following documents proving the reasonableness of applying the 0 per cent tax rate:
1) a contract (a copy thereof) of carrying out the cited work (rendering the cited services) made by a taxpayer with a foreign or Russian person;
2) a bank abstract (a copy thereof) proving an actual entry of proceeds from the foreign or Russian person that is the purchaser of the cited services onto the taxpayer's account opened with a Russian bank;
3) copies of transportation, shipping and/or other documents proving exportation of goods beyond the boundaries of the territory of the Russian Federation and other territories which are under its jurisdiction (import of goods into the territory of the Russian Federation and other territories which are under its jurisdiction) subject to the following specifics.
In case of goods' exportation by a sea or river vessel, a mixed navigation vessel (for inland and sea navigation) the following shall be filed with tax authorities:
a copy of the instructions to ship commodities citing the port of unloading and bearing the note "Loading is permitted" of the Russian customs authority at the place of departure;
a copy of a bill of lading, sea waybill or any other document proving the goods' acceptance for transportation in whose column "Port of unloading" is cited the place which is located outside the territory of the Russian Federation.
In case of goods' importation by a sea or river ship, a mixed navigation ship (for inland and sea navigation), a taxpayer shall file with tax authorities a copy of the bill of lading, sea waybill or any other document proving the goods' carriage in whose column "Port of loading" is cited the place located outside the territory of the Russian Federation and which bears a note of the customs authority operating at a border checkpoint.
Federal Law No. 309-FZ of November 27, 2010 supplemented Article 165 of this Code with Item 3.6. The Item shall enter into force not earlier than upon the expiry of one month from the day of official publication of the said Federal Law and not earlier than the first day of the next tax period for the value-added tax
The provisions of Item 3.6 of Article 165 of this Code (in the wording of the Federal Law No. 309-FZ of November 27, 2010) shall apply to works (services) carried out (rendered) after the date when the said Federal Law enters into force
3.6. When selling the works (services) provided for by Subitem 2.6 of Item 1 of Article 164 of this Code, taxpayers shall file with tax authorities the following documents proving the reasonableness of applying the 0 per cent tax rate:
1) a contract (a copy thereof) of carrying out the cited works (rendering the cited services) made by a taxpayer with a foreign or Russian person;
2) a bank abstract (a copy thereof) proving an actual entry of proceeds from the foreign or Russian person that is the purchaser of the cited services onto the taxpayer's account opened with a Russian bank;
3) copies of the customs declarations in compliance with which the customs clearance of goods imported to the territory of the Russian Federation for processing and of derived products was effected;
4) copies of transportation, shipping and/or other documents proving importation of goods into the territory of the Russian Federation for processing and exportation of derived products beyond the boundaries of the territory of the Russian Federation, subject to the specifics provided for by Subitem 3 of Item 3.1 of this article.
Federal Law No. 309-FZ of November 27, 2010 supplemented Article 165 of this Code with Item 3.7. The Item shall enter into force not earlier than upon the expiry of one month from the day of official publication of the said Federal Law and not earlier than the first day of the next tax period for the value-added tax
The provisions of Item 3.7 of Article 165 of this Code (in the wording of the Federal Law No. 309-FZ of November 27, 2010) shall apply to works (services) carried out (rendered) after the date when the said Federal Law enters into force
3.7. When selling the services provided for by Subitem 2.7 of Item 1 of Article 164 of this Code, taxpayers shall file with tax authorities the following documents proving the reasonableness of applying the 0 per cent tax rate:
1) a contract (a copy thereof) of rendering the cited services made by a taxpayer with a foreign or Russian person;
2) a bank abstract (a copy thereof) proving an actual entry of proceeds from the foreign or Russian person that is the purchaser of the cited works (services) onto the taxpayer's account opened with a Russian bank.
If foreign currency proceeds from selling works (services) in the territory of the Russian Federation are not entered in compliance with the procedure provided for by the currency legislation of the Russian Federation, a taxpayer shall file with tax authorities the documents (copies thereof) which prove the right not to enter foreign currency proceeds in the territory of the Russian Federation.
3) copies of transportation, shipping and/or other documents bearing notes of Russian customs authorities which prove placement of goods under the customs procedure of export or placement of derived products exported outside the territory of the Russian Federation under the procedure of customs transit.
The provisions of this subitem shall apply subject to the specifics provided for by Subitem 3 of Item 3.5 of this article.
Federal Law No. 309-FZ of November 27, 2010 supplemented Article 165 of this Code with Item 3.8. The Item shall enter into force not earlier than upon the expiry of one month from the day of official publication of the said Federal Law and not earlier than the first day of the next tax period for the value-added tax
The provisions of Item 3.8 of Article 165 of this Code (in the wording of the Federal Law No. 309-FZ of November 27, 2010) shall apply to works (services) carried out (rendered) after the
date when the said Federal Law enters into force
3.8. When selling the works (services) provided for by Subitem 2.8 of Item 1 of Article 164 of this Code, taxpayers shall file with tax authorities the following documents proving the reasonableness of applying the 0 per cent tax rate:
1) a contract (a copy thereof) of carrying out the cited works (rendering the cited services) made by a taxpayer with a foreign or Russian person;
2) a bank abstract (a copy thereof) proving an actual entry of proceeds from the foreign or Russian person that is the purchaser of the cited works (services) onto the taxpayer's account opened with a Russian bank.
If foreign currency proceeds from selling works (services) in the territory of the Russian Federation are not entered in compliance with the procedure provided for by the currency legislation of the Russian Federation, a taxpayer shall file with tax authorities the documents (copies thereof) which prove the right not to enter foreign currency proceeds in the territory of the Russian Federation.
3) copies of transportation, shipping and/or other documents which prove exportation of commodities beyond the boundaries of the territory of the Russian Federation, subject to the following specifics.
In case of carriage (transportation) of goods exported in the customs procedure of export by inland water transport organisations within the boundaries of the territory of the Russian Federation from the point of departure to the point of unloading or reloading (transshipment) on sea vessels, mixed navigation vessels (for inland and sea navigation) or to other modes of transport, the following shall be filed with tax authorities:
a copy of the instructions to ship goods, bearing a note "Loading is permitted" of a Russian tax authority, to a river vessel (if cargo customs clearance was effected at the port of unloading or transshipment, this document shall not be filed);
a copy of a bill of lading, sea waybill or any other document of a river vessel proving the goods' acceptance for transportation in whose column "Port of unloading" is cited the place of transshipment (unloading) which is located in the territory of the Russian Federation;
a copy of the instructions to ship goods of the sea vessel to which the cargo was transshipped (loaded) bearing a note "Loading is permitted" of the Russian customs authority that effected customs clearance of the goods' exportation in the customs procedure of export, with a list of transport means (river vessels) that have delivered the cargo to be attached thereto;
a copy of a bill of lading, sea waybill or any other document of a sea vessel proving the goods' acceptance for transportation in whose column "Port of unloading" is cited the place which is located outside the territory of the Russian Federation.
The provisions of Item 4 of Article 165 of this Code (in the wording of the Federal Law No. 309-FZ of November 27, 2010) shall apply to works (services) carried out (rendered) after the date when the said Federal Law enters into force
4. In case of the sale of works (services) stipulated by Subitem 3 of Item 1 of Article 164 of this Code, the following documents shall be submitted to the tax authorities in order to prove the propriety of application of the 0 per cent tax rate (or peculiarities of taxation) and tax deductions, unless otherwise is stipulated by Item 5 of this Article:
1) a contract (copy of the contract) of the taxpayer with a foreign or Russian person to perform aforesaid works (to render aforesaid services);
2) abrogated; Federal Law No. 245-FZ of July 19, 2011 reworded Subitem 3 of Item 4 of Article 165 of
this Code. The new wording shall enter into force upon the expiry of a month from the date when the said Federal Law is officially published and at the earliest on the first day of a regular tax period for the value added tax
3) a customs declaration (its copy) with marks of the Russian customs authorities at the place of commodities arrival and at the place of commodities departure through which the commodities have been imported into the territory of the Russian Federation and into other areas under its jurisdiction and exported outside the territory of the Russian Federation and other areas under its jurisdiction, subject to the specifics provided for by Subitem 3 of Item 1 of this article;
Federal Law No. 245-FZ of July 19, 2011 reworded Subitem 4 of Item 4 of Article 165 of this Code. The new wording shall enter into force upon the expiry of a month from the date when the said Federal Law is officially published and at the earliest on the first day of a regular tax period for the value added tax
4) copies of transport, shipping and/or other documents proving commodities importation into the territory of the Russian Federation and other areas under its jurisdiction and exportation of commodities outside the territory of the Russian Federation and other areas under its jurisdiction in compliance with Subitem 3 of Item 1 of Article 164 of this Code. The provision of this subitem shall apply subject to the specifics provided for by Subitem 4 of Item 1 of this article.
Federal Law No. 245-FZ of July 19, 2011 supplemented Article 165 of this Code with Item 4.1. The Item shall enter into force upon the expiry of a month from the date when the said Federal Law is officially published and at the earliest on the first day of a regular tax period for the value added tax
4.1. When selling the services provided for by Subitem 3.1 of Item 1 of Article 164 of this Code, the following documents shall be filed with tax authorities to prove the reasonableness of applying the 0 per cent tax rate and tax deductions;
the contract (a copy of the contract) of rendering the cited services made by a taxpayer with a foreign or Russian person;
copies of shipping documents drawn up in case of carrying commodities with participation of railway transport, citing the denominations and codes of the railway stations of commodities departure, denominations and codes of entry and exit Russian border and/or port railway stations, denominations and codes of railway stations of destination.
5. During the realisation by Russian carriers on the railway transport of the works (services) stipulated by Subitems 3 and 9 of Item 1 in Article 164 of this Code, it is necessary to submit the following documents to tax bodies in order to confirm the soundness of the application of the zero per cent tax rate (or the peculiarities of taxation) and of tax deductions:
paragraph two is abrogated; the register of the carriage documents executed in case of the carriage of goods in the
international communication, with an indication in it of the names or codes of incoming and leaving border and/or port railway stations, of the cost of works (services), the dates of notes by customs agencies on carriage documents testifying to placement of goods in compliance with the customs legislation of the Customs Union and the legislation of the Russian Federation under the customs procedure of export or the customs procedure of customs transit when carrying foreign goods from the customs authority at the place of arrival to the customs authority at the place of departure or testifying to placement of processing products to be exported from the territory of the Russian Federation under the customs procedure of customs transit.
In the event of a selective reclaiming by a tax body of the carriage documents included in
registers, copies of the said documents shall be presented by the carriers indicated in the first paragraph of this Item within 30 calendar days of the date of the receipt of the relevant claim of the tax body. The carriage documents included in the register shall bear the note of customs which testifies to the carriage of goods placed under the customs regime of export or the customs regime of international customs transit, or indicative of the placement of processing products exported from the customs territory of the Russian Federation under the procedure of internal customs transit.
During the realisation of the services provided for by Subitem 4 of Item 1 in Article 164 of this Code by the carrier indicated in the first paragraph of this Item, it is necessary to submit to tax bodies for the confirmation of the soundness of the application of the zero per cent tax rate (or of the peculiarities of taxation) and of tax deductions the registers of uniform carriage documents which are executed for the carriage of passengers and luggage in direct international communication and which determine the route of following, with an indication of the points of departure and destination, or other documents stipulated by the agreements concluded by the carriers indicated in the first paragraph of this Item with the railways of foreign States or by the international agreements of the Russian Federation.
Federal Law No. 245-FZ of July 19, 2011 supplemented Article 165 of this Code with Item 5.1. The Item shall enter into force upon the expiry of a month from the date when the said Federal Law is officially published and at the earliest on the first day of a regular tax period for the value added tax
5.1. When selling by Russian railway carriers the works (services) provided for by Subitem 9.1 of Item 1 of Article 164 of this Code, to prove the reasonableness of applying the 0 per cent tax rate and tax deductions with the tax authorities shall be filed a list of shipping documents drawn up while carrying commodities by rail citing therein the date of sale of the works (services), the cost of the works (services), denominations or codes of the states of commodities departure, denominations or codes of entry and exit Russian border and/or port railway stations, denominations or codes of the states of commodities destination.
In the event of selective obtainment on demand by a tax authority of the individual shipping documents included into the register, copies of the cited documents shall be presented within 30 calendar days as from the date when an appropriate demand of a tax authority is received;
6. In case of rendering services stipulated by Subitem 4 of Item 1 of Article 164 of this Code, the following documents shall be submitted to the tax authorities, unless otherwise provided for by Item 5 of this Article, in order to prove the propriety of application of the 0 per cent tax rate (or peculiarities of taxation) and tax deductions:
1) abrogated; 2) a register of the uniform international documents of carriage on the carriage of
passengers and luggage which are to give details on the route and specify the departure and destination points.
7. When the goods (works, services) envisaged by Subitem 5 of Item 1 of Article 164 of this Code are sold the following documents shall be filed with tax bodies to confirm the existence of good reason for the application of zero tax rate and tax deduction:
1) the taxpayer's agreement or contract (a copy of the agreement or contract) with foreign or Russian persons for the sale (delivery) of the goods, performance of the works, provision of the services;
2) abrogated; 3) a certificate of acceptance or other documents (copies thereof) confirming that the
goods have been sold (delivered), the works have been completed, the services have been
provided;
4) a certificate (a copy thereof) issued in compliance with the legislation of the Russian Federation for the space hardware sold, including space facilities, space infrastructure items (goods) or, if space hardware, including space facilities and space infrastructure items (goods) of military and dual purpose are sold, -the warrant (a copy thereof) issued by a military representation office of the Ministry of Defence of the Russian Federation.
8. In case of sale of goods stipulated by Subitem 6 of Item 1 of Article 164 of this Code, the following documents shall be submitted to the tax authorities in order to prove the propriety of application of the 0 per cent tax rate (or peculiarities of taxation) and tax deductions:
1) the contract (copy of the contract) on the sale of precious metals or precious stones; 2) documents (their copies) confirming that precious metals or precious stones have
been transferred to the State Fund of Precious Metals and Precious Stones of the Russian Federation, the Central Bank of the Russian Federation, banks.
9. The documents (their copies) specified in Items 1 - 3 of the present Article shall be submitted by the taxpayers to prove the propriety of application of the 0 per cent tax rate upon the sale of goods (works, services) specified in Subitems 1 and 8 of Item 1 of Article 164 of this Code, no later than within 180 calendar days beginning from the date of the placement of goods under the customs procedures of export, a free customs zone, the movement of provisions. The said procedure shall not extend to the taxpayers who in keeping with Item 4 of this Article do not present customs declarations to customs bodies.
If upon expiration of 180 calendar days beginning from the date the goods were released by the customs agencies in the customs procedures of export, a free customs zone, international customs transit and the movement of provisions the taxpayer failed to submit said documents (their copies), the aforesaid operation on the sale of goods (performance of works, rendering of services) shall be taxable under the rates stipulated by Items 2 and 3 in Article 164 of this Code. If subsequently the taxpayer submits to the tax authorities documents (their copies) justifying the application of the 0 per cent tax rate, then the paid amounts of the tax shall be returnable to the taxpayer in the manner and on conditions which are stipulated by Articles 176 and 176.1 of the present Code.
The documents indicated in Item 5 of this Article shall be presented by taxpayers for the confirmation of the soundness of the application of the zero per cent tax rate during the performance of works or the rendering of services provided for by Subitems 3 and 9 of Item 1 in Article 164 of this Code, within 180 calendar days of the day of putting down on carriage documents a customs note that testifies to the placement of goods under the customs procedure of export or the customs procedure of international customs transit or indicative of the placement of processing products exported from the territory of the Russian Federation and other territories which are under its jurisdiction under the procedure of customs transit. If upon the expiry of 180 calendar days the taxpayer failed to submit the documents indicated in Item 5 of this Article, the operations in the sale of works (services) shall be liable to taxation at the tax rate of 18 per cent. If subsequently the taxpayer submits to tax bodies the documents warranting the application of the zero per cent tax rate, the paid sums of the tax shall be liable to the return to the taxpayer in the order and on the terms stipulated by Articles 176 and 176.1 of this Code.
Provisions of this Item shall not apply to taxpayers released from performance of the taxpayer obligation according to Article 145 of this Code.
The documents cited in Items 3.1 - 3.8, 4 and 14 of this article shall be filed by taxpayers to prove the reasonableness of the 0 per cent tax rate in the following order:
the documents cited in Item 3.1 of this article shall be filed with a tax authority at the
latest in 180 calendar days as from the date of the note made by customs authorities in the documents provided for by Subitem 3 of Item 3.1 of this article or, in case of exportation of goods from the territory of the Russian Federation to the territory of a member state of the Customs Union or importation of commodities into the territory of the Russian Federation from the territory of a member state of the Customs Union, as from the date of drawing up transportation, shipping and/or other documents citing the place of unloading or the place of loading (the railway station of destination or the railway station of departure) which is located in the territory of another member state of the Customs Union;
the documents cited in Item 3.2 of this article shall be filed with a tax authority at the latest in 180 calendar days from the date of making by tax authorities in the customs declaration the note cited in Subitem 3 of Item 3.2 of this article or from the date of drawing up the document that prove rendering of the services involved in oil and oil products transportation by pipeline transport (if the customs declaring is not provided for by the customs legislation of the Customs Union);
the documents cited in Item 3.3 of this article shall be filed with a tax authority at the latest in 180 calendar days as from the date of the note made by customs authorities in the complete customs declaration (if customs declaration has been submitted) or as from the date of drawing up the documents which prove rendering the services involved in arranging transportation (the services involved in transportation in case of importation into the territory of the Russian Federation) of natural gas by pipeline transport (if customs declaration has not been submitted);
the documents cited in Item 3.4 of this article shall be filed with a tax authority at the latest in 180 calendar days as from the date of drawing up the reports cited in Subitem 2 of Item 3.4 of this article;
the documents cited in Item 3.5 of this article shall be filed with a tax authority at the latest in 180 calendar days as from the date of the note made by customs authorities in the documents provided for by Subitem 3 of Item 3.5 of this article;
the documents cited in Item 3.6 of this article shall be filed with a tax authority at the latest in 180 calendar days as from the date of the note proving exportation of derived products beyond the boundaries of the territory of the Russian Federation made by customs authorities in the customs declarations provided for by Subitem 3 of Item 3.6 of this article;
the documents cited in Item 3.7 of this article shall be filed with a tax authority at the latest in 180 calendar days as from the date of the note of Russian customs authorities which is cited in Subitem 3 of Item 3.7 of this article and which proves placement of goods under the customs procedure of export or placement of derived products exported beyond the boundaries of the territory of the Russian Federation under the procedure of customs transit;
the documents cited in Item 3.8 of this article shall be filed with tax authorities at latest in 180 calendar days as from the date of making by customs authorities the note "Loading is permitted" on the commodities shipment order of the sea ship provided for by Paragraph Five of Subitem 3 of Item 3.8 of this article;
the documents cited in Item 4 of this article shall be filed with a tax authority at the latest in 180 calendar days as from the date of the note made by customs authorities in the custom declaration provided for by Subitem 3 of Item 4 of this article which proves exportation of goods beyond the boundaries of the territory of the Russian Federation.
the documents cited in Item 14 of this article shall be filed with the tax authority at latest in 180 calendar days as from the date of drawing up the documents mentioned in Subitem 2 of Item 14 of this article. If upon the expiry of 180 calendar days the taxpayer has not filed with the tax authority the documents cited in Item 14 of this article, the operations involved in the sale of the works (services) provided for by Subitem 12 of Item 1 of Article 164 of this Code are subject to taxation at the rate fixed by Item 3 of Article 164 of this Code.
If upon the expiry of 180 calendar days cited in Paragraphs Five - Fourteen of this item a taxpayer does not present the mentioned documents, the operations involved in the sale of the works (services) provided for by Subitems 2.1-2.8 and 3 of Item 1 of Article 164 of this Code shall be subject to taxation at the rate provided for by Item 3 of Article 164 of this Code.
If afterwards the taxpayer files with tax authorities the documents substantiating application of the 0 per cent tax rate, the paid tax amounts are subject to repayment to the taxpayer in the procedure and under the terms which are provided for by Articles 176 and 176.1 of this Code.
Paragraph 18 (earlier considered as 17) shall not apply from January 1, 2011. The documents cited in Items 4.1 and 5.1 of this article shall be filed with a tax authority
at latest in 180 calendar days as from the date of making in the shipping document the calendar stamp of a border railway station (when moving commodities from the territory of the Russian Federation through exit railway stations) or the calendar stamp of the railway station of destination (when moving commodities from the territory of the Russian Federation through exit port railway stations) in the event of carrying out the works (rendering the services) cited in Subitem 3.1 and in Paragraph Three of Subitem 9.1 of Item 1 of Article 164 of this Code, or as from the date of making a calendar stamp of the railway station of departure when carrying out the works (rendering the services) cited in Paragraph Two of Subitem 9.1 of Item 1 of Article 164 of this Code. If upon the expiry of 180 calendar days a tax payer does not present the cited documents, the operations involved in the sale of works (services) provided for by Subitems 3.1 and 9.1 of Article 164 of this Code shall be taxable at the rate provided for by Item 3 of Article 164 of this Code.
If afterwards a taxpayer files with tax authorities the documents substantiating the application of the 0 per cent tax rate, the paid sums of tax are subject to reimbursement to the taxpayer in the procedure and under the conditions which are provided for by Articles 176 and 176.1 of this Code.
9.1. In the event of the reorganisation of a body its successor or successors shall submit to the tax body in the place of registration the documents, including their with the requisites of the reorganised (being reorganised) organisation which are provided for by this Article in respect of the operations in selling goods (works, services) which are indicated in Item 1 of Article 164 of this Code and which were carried out by the reorganised (being reorganised) organisation, if at the time of the completion of the reorganisation the right to apply the zero per cent tax rate for such operations is not confirmed;
10. The documents indicated in this Article shall be submitted by taxpayers to justify the application of the 0 per cent tax rate simultaneously with the submission of the tax declaration. The procedure for determining the tax amount relating to goods (works, services), property rights acquired for production purposes and/or the sale of goods (works, services), the operations for the sale of which are assessed with the zero per cent tax rate, shall be established by the accounting policy adopted by the taxpayer for taxation purposes.
11. Abrogated from January 1, 2011. 12. The procedure for the application of the zero per cent tax rate established by the
international agreements of the Russian Federation, during the sale of goods (works, services) for official use by international organisations and their representative offices carrying on their activity on the territory of the Russian Federation, shall be determined by the Government of the Russian Federation.
13. When selling the commodities provided for by Subitem 10 of Item 1 of Article 164 of this Code, the following documents shall be submitted to the tax authorities for proving the validity of applying 0 per cent tax rate and tax deductions:
1) the contract (a copy of the contract) of a ship's sale made by the taxpayer with the
customer and containing a provision on obligatory registration of a built-up ship at the Russian International Register of Ships within 45 calendar days as of the time of the ship's ownership transfer from the taxpayer to the customer;
2) an extract from a register of ships under construction indicating that upon finishing a ship's construction it shall be subject to registration in the Russian International Register of Ships;
3) the documents proving the fact of a ship's ownership transfer from the taxpayer to the customer;
4) abrogated from January 1, 2012. 14. When selling the works (services) provided for by Subitem 12 of Item 1 of Article
164 of this Code, the following documents shall be filed with the tax authorities to prove the reasonableness of applying the 0 per cent tax rate and tax deductions:
1) the contract (a copy of the contract) of providing the cited services made by the taxpayer with a foreign or Russian person;
2) copies of shipping, transportation and/or other documents proving exportation of goods outside the territory of the Russian Federation or importation of goods into the territory of the Russian Federation, subject to the following specifics:
when exporting goods outside the territory of the Russian Federation by a seagoing ship or a mixed navigation (river-sea) vessel, with the tax authorities shall be filed a copy of the consignment, of the sea waybill or any other document proving the acceptance of goods for carriage in whose column "Port of unloading" is cited the place of unloading located outside the territory of the Russian Federation;
when importing goods by a seagoing ship or a mixed navigation (river-sea) vessel from the territory of a foreign state into the territory of the Russian Federation, with the tax authorities shall be filed a copy of the consignment, of the sea waybill or any other document proving the acceptance of goods for carriage in whose column "Port of loading" is cited the place of loading located outside the territory of the Russian Federation and in the column "Port of unloading" is cited the place of unloading located in the territory of the Russian Federation.
Article 166. The Procedure for Calculation of the Tax 1. The amount of tax when determining the tax base according to Articles 154 - 159 and
162 of this Code shall be calculated as the percentage share corresponding to the tax rate of the tax base, and in case of separate record-keeping - as the amount of tax received as a result of additional amounts of taxes calculated separately as percentage shares of appropriate tax bases corresponding to tax rates.
2. The total amount of tax in case of sale of goods (works, services) shall be defined as an amount resulting from additional amounts of tax calculated according to the procedure laid down by Item 1 of the present Article.
3. The total amount of tax shall not be calculated by taxpayers being foreign organisations who are not registered with tax authorities as taxpayers. In such a case amount of tax shall be calculated by tax agents separately on each operation in the sale of goods (works, services) on the territory of the Russian Federation according to the order established by Item 1 of this Article.
Federal Law No. 245-FZ of July 19, 2011 amended Item 4 of Article 166 of this Code. The amendments shall enter into force upon the expiry of a month from the date when the said Federal Law is officially published and at the earliest on the first day of a regular tax period for the value added tax
4. The total amount of tax in case of sale of goods (works, services) shall be calculated by the results of each tax period as applied to all operations recognised as a tax base under
Subitems 1 - 3 Item 1 Article 146 of this Code, the time for the determination of the tax base of which is established by Article 167 of this Code, refers to the corresponding tax period taking into account all changes that increase or reduce the tax base over the appropriate tax period, unless otherwise provided for by this chapter.
Federal Law No. 306-FZ of November 27, 2010 amended Item 5 of Article 166 of this Code. The amendments shall enter into force from January 1, 2011 but not earlier than upon the expiry of one month from the day of the official publication of the said Federal Law and not earlier than the first day of the next tax period for the value-added tax
5. The total amount of tax in case of import of goods to the territory of the Russian Federation and other territories under its jurisdiction shall be calculated as the percentage share of the tax base estimated according to Article 160 of this Code and corresponding to the tax rate.
If according to the requirements established by Item 3 of Article 160 of this Code, the tax base shall be defined separately for each group of imported goods, then for each of the aforesaid tax bases the amount of tax shall be calculated separately according to the order established by paragraph one of this Item. In doing so, the total amount of tax shall be calculated as the amount received as a result of addition of amounts of taxes estimated separately for each of such tax bases.
6. The amount of tax on operations of sale of goods (works, services) taxed according to Item 1, Article 164 of this Code under the 0 per cent tax rate shall be calculated separately on each such operation according to the procedure established by Item 1 of this Article.
7. If the taxpayer maintains no book-keeping or record-keeping of items of taxation, tax authorities shall have the right to calculate tax amounts payable on the basis of data available on other similar taxpayers.
Article 167. The Moment of Determining the Tax Base 1. For the purpose of this Chapter the earliest date from among the following dates is the
moment of determining the tax base, unless otherwise is provided for by Items 3, 7 - 11, 13 - 15 in the present Article:
1) the day of shipment (transfer) of goods (works, services), the day of property rights; 2) the day of payment or partial payment against the forthcoming deliveries of goods (the
performance of works or the rendering of services), of the transfer of property rights. 2. Abolished from January 1, 2006. 3. In cases when goods are not shipped or transported, but there is conveyance of
property to these goods, such conveyance of property for the purposes of this Chapter shall be equated to its shipment.
4. Abolished from January 1, 2006. 5. Abolished from January 1, 2006. 6. Abolished from January 1, 2006. 7. In case of sale by the taxpayer of goods transferred to him for storage as per a
contract of warehouse storage involving the issue of the warehouse certificate, the time for the estimation of the tax base for the said goods shall be defined as the day of sale of the warehouse certificate.
8. During the transfer of property rights in the case provided for by Item 2 of Article 155 of this Code, the time for the estimation of the tax base shall be determined as a day of the assignment of a monetary claim or a day of the cessation of the corresponding obligation; in the cases stipulated by Items 3 and 4 of Article 155 of this Code the time for the estimation of the tax base shall be determined as a day of assignment (subsequent assignment) of a claim or as a day of the execution of the obligation by a debtor, and in the case stipulated by Item 5 of
Article 155 of this Code - as a day of the transfer of property rights.
9. When selling goods (works, services) stipulated by Subitems 1, 2.1 - 2.8, 3, 3.1, 8, 9, 9.1 and 12 of Item 1 of Article 164 of this Code, the moment of determining the tax base with regard to the said goods (works, services) shall be the last date of the quarter in which a complete set of the documents provided for by Article 165 of this Code is prepared.
If a complete set of the documents provided for by Article 165 of this code is not compiled within the time periods cited in Item 9 of Article 165 of this code, the time for assessing the tax base in respect of the mentioned goods (works, services) shall be fixed in compliance with Subitem 1 of Item 1 of this article, if not otherwise provided for by this item. If the complete set of the documents provided for by Item 5 of Article 165 of this Code is not compiled on the 181st calendar day from the day of the putting down on the documents of carriage of the note of the customs bodies indicative of the placement of goods under the customs procedure of export or the customs procedure of customs transit when carrying foreign goods from the customs authority at the place of arrival at the territory of the Russian Federation to the customs authority at the place of departure from the territory of the Russian Federation or indicative of the placement of processing products exported from the territory of the Russian Federation and other territories which are under its jurisdiction under the procedure of internal customs transit, the time for determining the tax base in respect of the said works and services shall be fixed in compliance with Subitem 1 of Item 1 of this Article. In the event of the reorganisation of a body, if the 181st calendar day coincides with the date of the completion of the reorganisation or commences after the said date, the time for defining the tax base shall be determined by the successor or successors as the date of the completion of the reorganisation (as the date of the state registration of each newly-emerged organisation and in the event of reorganisation in the form of incorporation as the date of the entry of a record of the cessation of the activity of each incorporated organisation in the single state register of juridical persons).
In case of importing into the by-port special economic zone Russian goods placed outside the by-port special economic zone under the customs procedure of export or when exporting supplies, the time limits for submission of documents fixed under Item 9 of Article 165 of this Code shall be determined from the date of placement of the said goods under the customs procedure of export or from the date of declaring supplies (or, as regards the taxpayers selling supplies in respect of which customs declaring is not provided for by the customs legislation of the Customs Union, as from the date drawing up transport, shipping and other documents proving exportation of supplies outside the territory of the Russian Federation by aircrafts and sea ships, as well as by mixed navigation (river - sea) vessels.
The time for determining the tax base provided for by this item which is connected with the time period for presenting the documents cited in Items 1-4 of Article 165 of this Code shall be increased by 90 calendar days, if the commodities are placed accordingly under the customs regimes of export, international customs transit, free customs zone and moving of supplies within the period from July 1, 2008 up to March 31, 2010 inclusive.
9.1. If within forty five calendar days as from the time of transfer of a vessel's ownership from the taxpayer to the customer the vessel is not registered in the Russian International Register of Ships, the time for determining the tax base by a tax agent shall be fixed in compliance with Subitem 1 of Item 1 of this article.
10. For the purpose of this Chapter the last date of each calendar period shall be the time for the estimation of the tax base during building and assembly works for internal consumption.
11. For the purposes of this Chapter, the time for the estimation of the tax base during the transfer of goods (the performance of works or the rendering of services) for one's own needs recognised as an item of taxation according to this Chapter shall be defined as the day
of performance of aforesaid transfer of goods (performance of works, rendering of services). 12. The accounting policy adopted by the organisation for the purposes of taxation shall
be approved by appropriate orders and orders of the head of the organisation. The accounting policy shall be applied for the purposes of taxation from January 1 of the
year following the year of the its approval by an appropriate order, order of the chief of the organisation.
The accounting policy for the purposes of taxation adopted by organisation shall be obligatory for all separate units of the organisation.
The accounting policy for the purposes of taxation adopted by the newly founded organisation shall be approved no later than the end of the first tax period. The accounting policy for the purposes of taxation accepted by the newly founded organisation shall be considered as being applied from the date of creation of the organisation.
13. In the event of the receipt by the taxpayer who manufactured goods (works, services) of payment or partial payment against the forthcoming deliveries of goods (the performance of works or the rendering of services) the activity of the production cycle of the manufacture of which exceeds six months (according to the list defined by the Government of the Russian Federation), the taxpayer who manufactured the said goods (works, services) shall have the right to define the time of the estimation of the tax base as a day of shipment (transfer) of the said goods (the performance of works or the rendering of services) in the presence of a separate accounting of operations and of the tax amounts on the acquired goods (works, services), including fixed assets and intangible assets, property rights used for the realisation of operations in the production of goods (works, services) of a long production cycle and other operations.
Upon the receipt of payment or partial payment by the taxpayer who manufactured goods (works, services) it is necessary to submit to tax bodies together with a tax declaration a contract with the buyer (a copy of such a contract certified with the signature of the manager and the chief accountant), and also the document which confirms the duration of the production cycle of goods (works, services), with an indication of their names, the period of manufacture, the name of the manufacturing taxpayer by the federal executive body that exercises the functions of mapping out a state policy and carrying out the normative legal regulation in the sphere of industrial, defence-industrial, and fuel and power complexes, and also which is signed by the authorised person and attached with the seal of this body.
14. If the day of payment or partial payment for forthcoming deliveries of goods (the performance of works or the rendering of services) or the day of the transfer of property rights is the time for the estimation of the tax base, then on the day of the shipment of goods (the performance of works or the rendering of services), or on the day of the transfer of property rights against the earlier received payment or partial payment there also emerges the time for determining the tax base.
15. For the tax agents indicated in Items 4 and 5 in Article 161 of this Code the time for estimating the tax base shall be determined in the order established by Item 1 of this Article.
Article 168. The Amount of Tax Presented by the Vendor to the Buyer
1. In case of sale of goods (works, services), transfer of property rights the taxpayer (the tax agent indicated in Items 4 and 5 of Article 161 of this Code) in addition to the price (tariff) of sold goods (works, services), transferred property rights is obliged to present an appropriate amount of tax for payment to the buyer of property rights).
In the event of receiving by a taxpayer the amounts of payment or partial payment on account of forthcoming supplies of commodities (carrying out of works, rendering of services), transfer of property rights to be sold in the territory of the Russian Federation, the taxpayer is
obliged to surrender to the purchaser of these commodities (works, services) or property rights the amount of tax calculated in the procedure established by Item 4 of Article 164 of this Code.
2. The amount of tax presented by the taxpayer to the buyer of goods (works, services), property rights shall be calculated on each kind of these goods (works, services), property rights the percentage share corresponding to the tax rate specified in Item 1 of this Article of the prices (tariffs).
Federal Law No. 245-FZ of July 19, 2011 amended Item 3 of Article 168 of this Code. The amendments shall enter into force upon the expiry of a month from the date when the said Federal Law is officially published and at the earliest on the first day of a regular tax period for the value added tax
3. In case of sale of goods (works, services), transfer of property rights, as well as when receiving the amounts of payment or partial payment for future supplies of commodities (carrying out of works, rendering of services), and transfer of property rights, the relevant invoices shall be presented at the latest in five calendar days from the day of shipment of goods (performance of works, rendering of services), from the day of transfer of property rights or from the day of receiving the amounts of payment or partial payment for future supplies of commodities (performance of works, rendering of services) or the transfer of property rights.
When calculating the amount of tax in compliance with Item 1 - 3 of Article 161 of this Code by the tax agents cited in Items 2 and 3 of Article 161 of this Code, invoices shall be drawn up in the procedure established by Items 5 and 6 of Article 169 of this Code.
In case of alteration of the cost of shipped commodities (carried out works, rendered services) and transferred property rights, in particular in case of alteration of the price (tariff) and/or specification of the quantity (volume) of shipped commodities (carried out works, rendered services) and transferred property rights, the seller shall make out for the purchaser an adjustment invoice at latest in five working days as from the date of drawing up the documents cited in Item 10 of Article 172 of this Code.
4. The appropriate amount of tax shall be stated in a separate line in settlement documents, including in the registers of cheques and registers to receive funds from the letter of credit, primary registration documents and in invoices.
abrogated from January 1, 2009. 5. In case of sale of goods (works, services), the operations on which sale are not subject
to taxation (are exempt from taxation), and also when according to Article 145 of this Code a taxpayer is released from performance of the taxpayer obligation, the settlement documents and the primary registration documents shall be made out and invoices shall be submitted without pointing out the corresponding amount of tax. In so doing, the appropriate inscription shall be made or the stamp "Without the tax (VAT)" shall be affixed to said documents.
6. In case of sale of goods (works, services) to the population at wholesale prices (tariffs) the appropriate amount of tax shall be included in said prices (tariffs). In so doing, the amount of tax shall not be stated on labels of goods and price tags which are handed out by vendors nor on receipts and other documents issued to buyers.
7. In case of the sale of goods in cash by retail and public catering organisations (enterprises) and individual businessmen and also other organisations, individual businessmen performing works and providing services for a fee immediately to the general public, the requirement laid down by Items 3 and 4 of this Article concerning registration of settlement documents and making out invoices shall be considered fulfilled if the vendor has issued to the buyer a cash voucher or another document of an established form.
Article 169. The Invoice
On the Application of Invoices When Calculating the Value-Added Tax, see Letter of the Ministry of Taxation of the Russian Federation No. VG-6-03/404 of May 21, 2001
Federal Law No. 245-FZ of July 19, 2011 amended Item 1 of Article 169 of this Code. The amendments shall enter into force upon the expiry of a month from the date when the said Federal Law is officially published and at the earliest on the first day of a regular tax period for the value added tax
1. An invoice is the document used as the basis to accept by the buyer the presented by the seller of goods (works, services) and property rights (including (the commission agent and agent who sell goods (works, services) and property rights on their behalf) amounts of tax for deduction in the order stipulated by this Chapter.
An invoice may be drawn up and made out using a paper medium and/or in electronic form. Invoices shall be drawn up in electronic form by mutual consent of the parties to a transaction and when the cited parties have compatible technical facilities and capacities for acceptance and processing of these invoices in compliance with the established formats and procedure.
An adjustment invoice made out by the seller for the purchaser of commodities (works, services) and property rights in case of alteration of the cost of shipped commodities (carried out works, rendered services) and transferred property rights by way of its reduction, in particular in case of reduction of the price (tariff) and/or decrease of the quantity (volume) of shipped commodities (carried out works, rendered services) and transferred property rights, shall be deemed the document serving as the basis for deduction by the seller of the commodities (works, services) and property rights of the tax amounts in the procedure provided for by this chapter.
Federal Law No. 245-FZ of July 19, 2011 amended Item 2 of Article 169 of this Code. The amendments shall enter into force upon the expiry of a month from the date when the said Federal Law is officially published and at the earliest on the first day of a regular tax period for the value added tax
2. Invoices shall serve as a ground to accept for deduction the tax amounts presented to the purchaser by the vendor, if the requirements established by Items 5, 5.1 and 6 of this Article are satisfied. An adjustment invoice made out by the seller for the purchaser of commodities (works, services) and property rights in case of alteration of the cost of shipped commodities (carried out works, rendered services) and transferred property rights by way of its reduction, in particular in case of reduction of the price (tariff) and/or decrease of the quantity (volume) of shipped commodities (carried out works, rendered services) and transferred property rights shall serve as the basis for deduction of tax amounts by the seller of commodities (works, services) and property rights while satisfying the requirements established by Items 5.2 and 6 of this article.
Errors in invoices and in adjustment invoices, which do not prevent tax authorities from identifying while holding a tax inspection the vendor and the purchaser of commodities (works, services) and property rights, the denomination of commodities (works, services) and property rights, their value, as well as the tax rate and the amount of tax advanced to the purchaser, shall not serve as a ground to deny acceptance of the tax amounts for deduction.
A failure to satisfy requirements for an invoice which are not provided for by Items 5 and 6 of this Article may not serve as a ground for the denial to accept for deduction the amounts of tax presented by the vendor. Failure to satisfy the requirements for an adjustment invoice made out by the seller for the purchaser of commodities (works, services) and property rights in case of alteration of the cost of shipped commodities (carried out works, rendered services) and transferred property rights by way of its reduction, in particular in case of reduction of the price
(tariff) and/or decrease of the quantity (volume) of shipped commodities (carried out works, rendered services) and transferred property rights, which are not provided for by Item 5.2 and 6 of this article, may not serve as the ground for the refusal to deduct the tax amounts by the seller.
3. The taxpayer is obliged to make out the invoice, to keep log-books of received and issued invoices, books of purchases and books of sales, unless otherwise stipulated by Item 4 of this Article:
1) in case of performance of operations defined as items of taxation according to this Chapter including those not taxable (exempt from taxation) according to Article 149 of this Code;
2) in other duly defined cases.
4. Invoices shall not be made out by taxpayers on operations of sale of securities (except for broker and intermediary services), and also banks, by a bank for development which is a state corporation, insurance organisations, the professional association of insurers established in compliance with Federal Law No. 40-FZ of April 25, 2002 on Obligatory Insurance of Civil Liability of Transport Vehicles' Owners, and non-state pension funds on operations which are not taxable (exempt from taxation) according to Article 149 of this Code.
5. An invoice drawn up when selling commodities (carrying out works, rendering services) and transferring property rights, shall state:
1) the serial number and date of making out the invoice; 2) the name, address and identification numbers of the taxpayer and buyer; 3) the name and address of the consignor and consignee; 4) the number of the settlement document when an advance or other payments are
received against future deliveries of goods (performance of works, rendering of services); 5) the name of the delivered (shipped) goods (description of the executed works,
rendered services) and unit of measurements (where it is possible to indicate); 6) the quantity (volume) of goods (works, services) delivered (shipped) under the invoice
on the basis of units of measurement accepted for it (where it is possible to indicate); 6.1) denomination of currency; 7) the price (tariff) per unit of measurement (where it is possible to indicate) under an
agreement (contract) less the tax, and if state controlled prices (tariffs) are used, including the tax, with allowance for amounts of the tax;
8) the cost of goods (works, services), property rights for the entire quantity of delivered goods (shipped) on the invoice (executed works, rendered services), transferred property rights less the tax;
9) the sum of excise duty levied on excisable goods; 10) the tax rate; 11) the amount of tax the buyer of goods (works, services), property rights is charged
which is defined on the basis of effective tax rates; 12) the cost of the entire quantity of delivered (shipped) goods (executed works,
rendered services), transferred property rights under the invoice with allowance for the amount of tax;
13) the country of origin of goods; 14) the number of the customs declaration. Information stipulated by Subitems 13 and 14 of this Item shall be submitted concerning
goods whose country of origin is not the Russian Federation. The taxpayer selling aforesaid goods shall be responsible only for the conformity of aforesaid information in the invoices presented by him to the information contained in the invoices received by him and in the
shipping documents.
5.1. The following shall be cited in the invoice drawn up when receiving payment or partial payment for future supplies of commodities (carrying out of works, rendering of services) or transfer of property rights:
1) ordinal number and date of making out of the invoice; 2) name, address and identification numbers of the taxpayer and purchaser; 3) number of the payment and settlement document; 4) denomination of supplied commodities (description of works or services), property
rights; 4.1) denomination of currency; 5) amount of payment or partial payment for future supplies of commodities (carrying out
of works, rendering of services) or transfer of property rights; 6) tax rate; 7) amount of tax presented to the purchaser of commodities (works, services) or property
rights determined on the basis of applicable tax rates.
Federal Law No. 245-FZ of July 19, 2011 supplemented Article 169 of this Code with Item 5.2. The Item shall enter into force upon the expiry of a month from the date when the said Federal Law is officially published and at the earliest on the first day of a regular tax period for the value added tax
5.2. The following shall be cited in an adjustment invoice made out in case of alteration of the cost of shipped commodities (carried out works, rendered services) and transferred property rights, in particular in case of alteration of the price (tariff) and/or specification of the quantity (volume) of supplied (shipped) commodities (carried out works, rendered services) and property rights:
1) the denomination "adjustment invoice", ordinal number and date of drawing up the adjustment invoice;
2) the ordinal number and date of drawing up the invoice under which the cost of shipped commodities (carried out works, rendered services) and transferred property rights, is altered, in particular in case of alteration of the price (tariff) and/or specification of the quantity (volume) of supplied (shipped) commodities (carried out works, rendered services) and transferred property rights;
3) the denomination, addresses and taxpayers' identification numbers of the taxpayer and purchaser;
4) the denomination of commodities (description of carried out works, rendered services) and property rights, as well as and the measurement unit (where it is possible to cite it) in respect of which the price (tariff) is altered and/or the quantity (volume) is specified;
5) the quantity (volume) of commodities (works, services ) according to the invoice in the measurement units used in it ( where it is possible to cite them) prior to and after specifying the quantity (volume) of supplied (shipped) commodities (carried out works, rendered services) and transferred property rights;
6) the currency denomination; 7) the price (tariff) per one measurement unit (where it is possible to cite it) less the tax
or, in case of applying state-controlled prices (tariffs) including the tax, subject to the amount of tax before and after alteration of the price (tariff);
8) the cost of the total quantity of commodities (works, services) and property rights according to the invoice less the tax and after adjustment;
9) the excise tax amount, as regards excisable commodities; 10) the tax rate;
11) the tax amount estimated on the basis of applicable tax rates before and after alteration of the cost of shipped commodities (carried out works, rendered services) and transferred property rights, in particular in case of alteration of the price (tariff) and/or specification of the quantity (volume) of supplied (shipped) commodities (carried out works, rendered services) and transferred property rights;
12) the cost of the total quantity of commodities (works, services) and property rights according to the invoice subject to the amount of tax before and after changing the cost of shipped commodities (carried out works, rendered services) and transferred property rights, in particular in case of alteration of the price (tariff) and/or specification of the quantity (volume) of supplied (shipped) commodities (carried out works, rendered services) and transferred property rights;
13) the difference between the indices in the invoice on the basis of which the cost of shipped commodities (carried out works, rendered services) and transferred property rights is altered, in particular in case of alteration of the price (tariff) and/or specification of the quantity (volume) of supplied (shipped) commodities (carried out works, rendered services) and transferred property rights, and the indices estimated after alteration of the cost of shipped commodities (carried out works, rendered services) and transferred property rights, in particular in case of alteration of the price (tariff) and/or specification of the quantity (volume) of supplied (shipped) commodities (carried out works, rendered services) and transferred property rights.
With this, in the event of alteration of the cost of shipped commodities (carried out works, rendered services) and transferred property rights by way of reduction, the appropriate difference between the tax amounts estimated before and after their alteration shall be shown with the minus sign.
6. The invoice shall be signed by the head and chief accountant of the organisation or other officials authorised thereto by an order (by other administrative document) of the organisation or by a letter of authority on behalf of the organisation. When an invoice is drawn up by an individual businessman the invoice shall be signed by the individual businessman, and state the requisites of the state registration certificate of such individual businessman.
An invoice drawn up in electronic form shall be signed by the electronic digital signature of the organisation's head or of other persons authorised to do this by an order (by some other administrative document) issued by the organisation or by a letter of attorney issued by an organisation or individual businessman in compliance with the legislation of the Russian Federation.
7. In case when an obligation is denominated in a foreign currency under the terms of a transaction, the amounts of money specified in an invoice, can be stated in foreign currency.
8. The form of an invoice and procedure for completing it, forms of and procedure for keeping a log-book of received and drawn-up invoices, books of purchases and books of sales shall be established by the Government of the Russian Federation.
9. The procedure for making out and receiving invoices in electronic form via telecommunication channels using an electronic digital signature shall be established by the Ministry of Finance of the Russian Federation.
Formats of an invoice and of a log-book of received and drawn up invoices in electronic form shall be endorsed by the federal executive power body authorised to exercise control and supervision in respect of taxes and fees.
Article 170. The Order of Referring Tax Amounts to the Costs of Production and Sale of Goods (Works, Services)
Federal Law No. 306-FZ of November 27, 2010 amended Item 1 of Article 170 of this Code. The amendments shall enter into force from January 1, 2011 but not earlier than upon the expiry of one month from the day of the official publication of the said Federal Law and not earlier than the first day of the next tax period for the value-added tax
1. Amounts of tax a taxpayer is charged when buying goods (works, services), property rights or actually paid by him when importing goods to the territory of the Russian Federation and other territories under its jurisdiction, unless otherwise established by provisions of the present Chapter, shall not be included in the expenses accepted for deduction when calculating the tax levied on profit of organisations (income tax of natural persons), except for cases stipulated by Item 2 of this Article.
Federal Law No. 306-FZ of November 27, 2010 amended Item 2 of Article 171 of this Code. The amendments shall enter into force from January 1, 2011 but not earlier than upon the expiry of one month from the day of the official publication of the said Federal Law and not earlier than the first day of the next tax period for the value-added tax
2. Subject to deductions shall be the amounts of tax presented to the taxpayer when purchasing goods (works, services) and also property rights in the territory of the Russian Federation or paid by the taxpayer when importing goods into the territory of the Russian Federation and other territories under its jurisdiction under the customs procedure of release for internal consumption, temporary import and processing outside of the customs territory or in case of importing goods moved across the customs border of the Russian Federation without customs control and customs clearance, in relation to the following:
1) acquiring (importing) goods (works, services), including fixed assets and intangible assets used for operations related to the production and (or) sale (as well as to transfer of goods, carrying out works and rendering services for own needs) of goods (works, services) which are not taxable (exempt from taxation);
2) acquiring (importing) goods (works, services), including fixed assets and intangible assets used for operations related to the production and (or) sale of goods (works, services) whose place of sale is not recognised as the territory of the Russian Federation;
3) the acquisition (importation) of goods (works, services), in particular fixed assets and intangible assets by persons not being by the taxpayers of the value-added tax or relieved from the duty to act as a taxpayer in terms of tax calculation and payment;
4) the acquisition (importation) of goods (works, services), including fixed and intangible assets and property rights, for the production and/or the sale (transfer) of goods (works, services), the operations in the sale (transfer) of which are not recognised as the sale of goods (works, services) in accordance with Item 2 in Article 146 of this Code, unless the contrary is established by this Chapter.
Federal Law No. 245-FZ of July 19, 2011 supplemented Item 2 of Article 170 of this Code with Subitem 5. The Subitem shall enter into force upon the expiry of a month from the date when the said Federal Law is officially published and at the earliest on the first day of a regular tax period for the value added tax
5) acquiring commodities by banks applying the procedure for tax accounting provided for by Item 5 of this article, including fixed assets and intangible assets, as well as property rights which will be afterwards sold by banks before starting to use them for making bank transactions, for letting them on lease or before their putting in operation.
3. The tax amounts accepted for deduction by the taxpayer on goods (works, services), including fixed and intangible assets, and property rights in the order stipulated by this Chapter shall be liable to the restoration by the taxpayer in the following cases:
1) the transfer of property, intangible assets, property rights as a contribution in the authorised (contributed) capital of economic companies and partnerships, the contribution under an agreement of investment partnership or share contributions to the share funds of cooperatives and also the transfer of immovable property for the purpose of replenishing the earmarked capital of a not-for-profit organisation in the procedure established by Federal Law No. 275-FZ of December 30, 2006 on the Procedure for the Formation and Use of the Earmarked Capital of Not-for-Profit Organisations.
It is necessary to restore the sums of the tax in the amount earlier accepted for deduction and in respect to fixed and intangible assets - in the amount of the sum of money proportional to residual (balance-sheet) value disregarding revaluation.
Tax amounts subject to restoration in keeping with this subitem shall not be included in the value of property, intangible assets and property rights and shall be liable to a tax deduction from the accepting organisation (in particular from the party to an agreement of investment partnership which is a managing partner) in the order established by this Chapter. The sum of the restored tax shall be indicated in the documents which execute the transfer of the said property, intangible assets and property rights;
2) further use of such goods (works, services), including fixed assets and intangibles, and property rights for performing the operations mentioned in Item 2 of this Article, except for the operation stipulated by Subitem 1 of this Item; performance of works (rendering of services) outside the territory of the Russian Federation by Russian aircraft enterprises within the framework of peacemaking activity and carrying out international cooperation in solving international problems of humanitarian nature within the framework of the United Nations Organisation (with respect to aircraft, engines and spare parts therefor); transfer of fixed assets, intangibles and/or other property, property rights to a legal successor (or legal successors) in reorganisation of legal entities; transfer of property to a participant of an agreement of simple partnership (agreement of joint activity), an agreement of investment partnership or his legal successor in the event of apportioning his share from the property in common ownership of the participants of the agreement, or division of such property.
Tax rates in the amount earlier accepted for a deduction shall be subject to restoration; as for fixed and intangible assets, they are restored in the amount of the sum proportional to residual (balance sheet) value disregarding revaluation.
Tax rates subject to restoration in accordance with this subitem shall not be included in the value of the said goods (works, services), fixed and intangible assets and property rights, but shall be reckoned within other expenses in keeping with Article 264 of this Code.
Tax amounts shall be restored in that tax period in which goods (works, services), including fixed and intangible assets and property rights were transferred or are used by the taxpayer for the realisation of operations indicated in Item 2 of this Article.
When the taxpayer goes over to special tax regimes in keeping with Chapters 26.2 and 26.3 of this Code, the tax amounts accepted for deduction by the taxpayer for goods (works, services), including fixed and intangible assets and property rights in the order provided for by this Chapter shall be restored in the tax period that precedes the transition to said tax regimes.
The provisions of this Item shall not apply to the taxpayers who go over to the special tax regime in accordance with Chapter 26.1 of this Code;
3) in the event of remittance by the purchaser of the amounts of payment or partial payment for future supplies of commodities (carrying out of works, rendering of services) or transfer of property rights.
The amount of tax shall be restored by the purchaser in the tax period in which the amounts of tax on acquired commodities (works, services), or property rights are subject to
deduction in the procedure established by this Code or in the tax period in which the terms of the appropriate contract were changed or it was dissolved and the appropriate amounts of payment or partial payment received by the taxpayer for future supplies of goods (carrying out of works, rendering of services) were returned.
Sums of tax in the amount previously intended for deduction in respect of payment or partial payment for future supplies of commodities (carrying out works, rendering of services) or transfer of property rights are subject to restoration.
Federal Law No. 245-FZ of July 19, 2011 supplemented Item 3 of Article 170 of this Code with Subitem 4. The Subitem shall enter into force upon the expiry of a month from the date when the said Federal Law is officially published and at the earliest on the first day of a regular tax period for the value added tax
4) alteration of the cost of shipped commodities (carried out works, rendered services) and transferred property rights by way of reduction, in particular in the event of reduction of the price (tariff) and/or reduction of the quantity (volume) of shipped commodities (carried out works, rendered services) and transferred property rights.
The tax sums shall be restored in the amount of the difference between the tax sums estimated on the basis of the cost of shipped commodities (carried out works, rendered services) and transferred property rights before and after such reduction.
The tax sums shall be restored by the purchaser in the tax period on which the earliest of the following dates falls:
the date when the purchaser receives the basic documents as to alteration by way of reduction of the cost of acquired commodities (carried out works, rendered services) and acquired property rights;
the date when the purchaser receives the adjustment invoice made out by the seller in case of alteration by way of reduction of the cost of shipped commodities (carried out works, rendered services) and transferred property rights;
Federal Law No. 245-FZ of July 19, 2011 supplemented Item 3 of Article 170 of this Code with Subitem 5. The Subitem shall enter into force upon the expiry of a month from the date when the said Federal Law is officially published and at the earliest on the first day of a regular tax period for the value added tax
5) further use of commodities (works, services), including fixed assets and intangible assets, and of property rights for making the operations involved in the sale of commodities (works, services) provided for by Item 1 of Article 164 of this Code.
The tax sums shall be subject to restoration in the amount which has been earlier deducted.
The tax sums shall be restored in the tax period in which the commodities (works , services) provided for by Item 1 of Article 164 of this Code are shipped ( carried out, rendered).
The restored tax sums are subject to deduction (except for the tax sums restored in compliance with Subitem 6 of this item) in the appropriate tax period on which falls the time of determining the tax base for the operations involved in the sale of commodities (works, services) provided for by Item 1 of Article 164 of this Code, subject to the specifics established by Article 167 of this Code;
Federal Law No. 245-FZ of July 19, 2011 supplemented Item 3 of Article 170 of this Code with Subitem 6. The Subitem shall enter into force upon the expiry of a month from the date when the said Federal Law is officially published and at the earliest on the first day of a regular tax period for the the value added tax
6) in the event of receiving by a taxpayer in compliance with the legislation of the Russian
Federation subsidies from the federal budget to compensate for the outlays connected with payment for acquired commodities (works, services), subject to the tax, as well as to compensate for the outlays on paying tax when importing commodities into the territory of the Russian Federation and other areas which are under its jurisdiction.
The tax sums shall be subject to restoration in the amount which has been earlier deducted.
The tax sums which are subject to restoration in compliance with this item shall not be included in the cost of the cited commodities (works, services) and shall be accounted within the composition of miscellaneous costs in compliance with Article 264 of this Code.
The tax sums shall be restored in the tax period in which the granted subsidies are received.
Federal Law No. 245-FZ of July 19, 2011 amended Item 4 of Article 170 of this Code. The amendments shall enter into force upon the expiry of a month from the date when the said Federal Law is officially published and at the earliest on the first day of a regular tax period for the value added tax
4. The amounts of tax, taxpayers making both taxable operations and those exempted from taxation are charged with by sellers of goods (works, services), property rights:
shall be included into the cost of such goods (works, services), property rights under Item 2 of this Article - with regard to goods (works, services), including fixed assets and intangible assets, property rights used in operations on which value-added tax is not levied;
shall be deducted under Article 172 of this Code - with regard to goods (works, services), including fixed assets and intangible assets, property rights used in operations on which value-added tax is levied;
shall be deducted or included into the cost thereof proportionally to their use for production and (or) sale of goods (works, services), property rights, operations in sale of which are taxable (exempt from taxation) - with regard to goods (works, services) including fixed assets and intangible assets, property rights used in both taxable operations and in those exempted from taxation, in the order established by the accounting policy adopted by the taxpayer for taxation purposes.
The said proportion shall be determined reasoning from the cost of shipped goods (works, services), property rights and operations in the sale of which are taxable (exempted from taxation), as compared to the total cost of goods (works, services) shipped within a tax period. In respect of the fixed assets and intangible assets accounted in the first and second months of a quarter a taxpayer is entitled to determine the cited proportion on the basis of the cost of shipped commodities (carried out works, rendered services) and transferred property rights in an appropriate month, in respect of which the operations involved in their sale are taxable (are exempt from taxation), in the total cost of the commodities (works, services) and property rights shipped (transferred) within the month.
Separate accounting of amounts of the tax by the taxpayers who have transferred to payment of the uniform tax on imputed earnings for certain types of activity shall be carried out in a similar procedure.
With this, a taxpayer shall be obliged to keep separate records of the amounts of tax with regard to acquired goods (works, services), including fixed assets and intangible assets, property rights, used in both taxable operations and those not subject to taxation (exempted from taxation).
Where there are no separate records kept, the amounts of tax with regard acquired goods (works, services), including fixed assets and intangible assets, property rights, shall not be deducted and shall not be included into the expenses deducted in the course of calculating the profit tax on organisations (the income tax on natural persons).
A taxpayer is entitled not to apply the provisions of this Item in respect of the tax periods where the share of aggregate expenditures with regard to acquisition, production and/or sale of goods (works, services) and property rights, operations in sale of which are not taxable, does not exceed 5 per cent of the total amount of aggregate expenditures with regard to acquisition, production and/or sale of the goods (works, services) and property rights. With this, the total amounts of the tax, such taxpayers are charged with by sellers of goods (works, services) and property rights within the said tax period, are subject to deduction in compliance with the procedure provided for by Article 172 of this Code.
For the purpose of estimation of the proportion cited in Paragraph Five of this Item in respect of financial instruments of time transactions shall be taken the cost of financial instruments of time transactions involving the supply of the base asset which is estimated according to the rules established by Article 154 of this Code, provided that the base asset of appropriate financial instruments of time transactions is shipped (transferred) within a tax period, the amount of the net profit derived by a taxpayer in the current tax period from financial instruments of time transactions as a result of the discharge (termination) of obligations which are not connected the base asset's sale (in particular, the obtained amounts of the variation margin and premiums under a contract), including the amounts of money to be received under such obligations in future tax periods, if the date when the corresponding right of claim in respect of financial instruments of time transactions is determined (when it rises) is within the current tax period (month).
When estimating the proportion cited in Paragraph Five of this Item, an organisation engaged in clearing activity in the securities market (the activity of defining (collating) obligations under civil law contracts made in the course of trading arranged by an exchange and/or by trade promoters in the securities market whose subject matter are goods or foreign currency of financial instruments of time transactions, as well as of ensuring their execution and/or of exercising control over it (hereinafter referred to in this Code as clearing organisations) shall not account for the transactions in securities, financial instruments of time transactions and other transactions for which such clearing organisation is a party for the purpose of effecting their clearing, as well as the transactions made by a clearing organisation for the purpose of discharging obligations of such clearing participants.
Federal Law No. 336-FZ of November 28, 2011 amended Item 5 of Article 170 of this Code. The amendments shall enter into force from January 1, 2012, but at the earliest upon the expiry of a month from the day of the official publication of the said Federal Law and not earlier than the first day of the next tax period for the value-added tax
5. Banks, insurance institutions, and non-state pension funds shall have the right to include in the costs accepted for deduction when calculating tax levied on profit of organisations the amounts of tax paid to suppliers for the purchased goods (works, services). Here, the entire amount of tax received by them under taxable operations shall be payable to the budget.
The party to an agreement of investment partnership which is the managing partner responsible for keeping tax records is entitled to include in deductible outlays when estimating for the accounting (tax period) the profit (loss) resulting from the activities within the framework of the investment partnership in compliance with Article 278.2 of this Code the tax amounts paid by suppliers with respect to the commodities (works, services) being acquired. In so doing, the total sum of tax received by an investment partnership on taxable operations is subject to payment to the budget.
6. Removed. 7. Organisations that are not taxpayers or that are relieved of taxpayer's duties and
individual businessmen are entitled to include into the expenditures deductible in compliance with Chapters 25, 26.1 and 26.2 of this Code the amounts of tax which were estimated and paid
to the budget by them when discharging the duties of a tax agent in compliance with Item 2 of Article 161 of this Code in the event of returning commodities to the seller (in particular during the warranty period), their rejection, modification of the terms, or dissolution, of appropriate contracts and return of advance payments.
Article 171. Tax Deductions 1. The taxpayer shall have the right to reduce the total amount of tax calculated
according to Article 166 of this Code by tax deductions established by this Article. 2. Subject to deductions shall be amounts of tax presented to the taxpayer when
purchasing goods (works, services) and also property rights on the territory of the Russian Federation or paid by the taxpayer when importing goods to the customs territory of the Russian Federation under the customs treatment of release for internal consumption, temporary import and processing outside of the customs territory or in case of the import of goods moved across the customs border of the Russian Federation without customs control and customs clearance, in relation to:
1) goods (works, services) and also property rights purchased to carry out operations recognised as items of taxation according to the present Chapter, except for the goods specified by Item 2 of Article 170 of this Code;
2) goods (works, services) purchased for resale.
3. Subject to deductions shall be amounts of tax paid according to Article 173 of this Code by buyers and the tax agents.
Buyers and tax agents registered with the tax authorities and acting as taxpayers according to this Chapter shall have the right to the aforesaid tax deductions. Tax agents making the operations indicated in Items 4 and 5 of Article 161 of this Code shall not be entitled to include into tax deductions the amounts of the tax paid in respect of these operations.
The provisions of this Item shall be applicable if the goods (works, services), property rights were acquired by a taxpayer being a tax agent for the purposes specified in Item 2 of this Article and if the taxpayer paid tax in compliance with this Article when they were being acquired.
Federal Law No. 306-FZ of November 27, 2010 amended Item 4 of Article 171 of this Code. The amendments shall enter into force from January 1, 2011 but not earlier than upon the expiry of one month from the day of the official publication of the said Federal Law and not earlier than the first day of the next tax period for the value-added tax
4. Subject to deduction shall be amounts of tax presented by the vendors to a foreign person being a taxpayer not registered with tax authorities of the Russian Federation, when said taxpayer buys goods (works, services), property rights, or pays the foreign person when importing goods to the territory of the Russian Federation and other territories under its jurisdiction for his production purposes or for the accomplishment of his other activities.
Said amounts of tax shall be subject to deduction or refund to a foreign person being a taxpayer after a tax agent pays the tax withheld from incomes of this taxpayer and only in the part in which the bought or imported goods (works, services), property rights have been used in the production of goods (performance of works, rendering of services) sold by the tax agent who withheld the tax. The specified amounts of tax shall be subject to deduction or reimbursement, provided the foreign person acting as the taxpayer registers with the tax authorities of the Russian Federation.
Federal Law No. 245-FZ of July 19, 2011 amended Item 5 of Article 171 of this Code. The amendments shall enter into force upon the expiry of a month from the date when the said
Federal Law is officially published and at the earliest on the first day of a regular tax period for the value added tax
5. Subject to deductions shall be amounts of tax presented by the vendor to the buyer and paid by the vendor to the budget when selling goods, if these goods are returned (including during warranty period) to the vendor or such were rejected. Subject to deductions shall be amounts of tax paid when performing works (rendering services) if these works (services) are rejected.
Subject to deductions shall be amounts of tax calculated by the vendors and paid by them to the budget from amounts of payment or partial payment for goods (performance of works, rendering of services) sold on the territory of the Russian Federation in case of the change of the conditions or cancellation of the corresponding contract and return of the appropriate amounts of advance payments.
The provisions of this Item shall extend to taxpaying purchasers discharging the duties of a tax agent in compliance with Item 2 and 3 of Article 161 of this Code.
6. Deductible shall be the tax amounts presented to a taxpayer by contracting organisations (developers or technical orderers) during capital construction (liquidation of fixed assets), the assembly (demolition) of fixed assets, installation (dismantling) of fixed assets, the tax amounts presented to a taxpayer for goods (works, services) acquired by him for the performance of building and assembly works, and the tax amounts presented to a taxpayer when he acquires incomplete capital construction facilities.
In the event of reorganisation deductible from the successor or successors shall be the tax amounts which are presented to the reorganised (being reorganised) organisation for goods (works, services) acquired by the reorganised (being reorganised) organisation for the performance of building and assembly works for internal consumption and which are accepted for a deduction, but not accepted by the reorganised (being reorganised) organisation for a deduction at the time of the completion of the reorganisation.
Deductible shall be the tax amounts calculated by taxpayers in accordance with Item 1 in Article 166 of this Code during building and assembly works for internal consumption, which are connected with the assets which are intended for the realisation of the operations taxable in accordance with this Chapter and the value of which is included in expenses (especially through depreciation deductions at the time of calculating the tax on the profit of organisations.
Tax amounts presented to the taxpayer when contractors carry out the capital construction of the facilities of real estate (fixed assets), when he acquires real estate (except for aircraft, sea-going and inland water ships, and also space objects), and other kinds of commodities (works, services) for carrying out construction-assembly works and calculated by the taxpayer during building and assembly works for internal consumption, and also accepted for deduction in the order stipulated by this Chapter, shall be restored if the said facilities of real estate (fixed assets) are subsequently used for the realisation of the operations indicated in Item 2 in Article 170 of this Code, except for the fixed assets which are fully amortised or which were put into operation by the given taxpayer for more than 15 years.
In the case indicated in the fourth paragraph of this Item, the taxpayer shall be obliged to reflect the restored tax amount upon the end of each calendar year beginning with the year when the time has arrived, as envisaged in Item 4 in Article 259 of this Code. He shall reflect this tax amount in the tax declaration to be presented to the tax bodies in the place of his registration for the last tax period of each calendar year during ten years. The tax amount subject to restoration and payment to the budget shall be calculated on the basis of 1/10 of the sum of the tax accepted for a deduction in the corresponding share. The said share shall be determined proceeding from the value of shipped goods (performed works or rendered services) transferred property rights, which are not assessed with the tax and indicated in Item 2 of
Article 170 of this Code, in the total value of goods (works, services) and property rights shipped or transferred over the calendar year. The tax amount liable to restoration shall not be included in the value of this property but shall be accounted within other expenses in keeping with Article 264 of this Code.
If an immovable property (fixed assets) item has been updated (reconstructed), in particular after the expiry of the time period fixed in Paragraph Four of this item, this causing the alteration of its initial cost, the tax amounts in respect of construction-assembly works, as well as in respect of the commodities (works, services) acquired for carrying out construction- assembly works in the course of updating (reconstruction) deducted in the procedure provided for by this chapter are subject to restoration, if the cited immovable property items are subsequently used for making the operations cited in Item 2 of Article 170 of this Code.
In the instance cited in Paragraph Six of this item a taxpayer is bound at the end of every calendar year within 10 years starting from the year, in which on the basis of Item 4 of Article 259 of this Code depreciation is charged upon the altered initial cost of an immovable property item, to show the restored tax amount in the tax return to be filed with the tax authorities at the place of registration thereof for the last tax period of each calendar year within these 10 years. The tax amount to be restored and paid to the budget shall be estimated on the basis of one tenth of the tax amount deducted in respect of construction-assembly works, as well as of the commodities (works, services) acquired for carrying out the construction-assembly works in the course of updating (reconstruction), as regards the appropriate share thereof. The cited share shall be estimated on the basis of the cost of shipped commodities (carried out works, rendered services) and transferred property rights which are not taxable and which are cited in Item 2 of Article 170 of this Code in the total cost of the commodities (works, services) and property rights shipped (transferred) within a calendar year. The tax sum to be restored shall not be included in the cost of the cited property and shall be accounted within the composition of miscellaneous costs in compliance with Article 164 of this Code.
If before the expiry of the time period cited in Paragraph Four of this item the immovable property item being updated (reconstructed) is excluded from the composition of depreciable property and is not used in the taxpayer's activities within a year or within several full calendar years, the deducted tax amount shall not be restored for these years. Starting from the year in which on the basis of Item 4 of Article 259 of this Code depreciation is charged upon the altered initial cost of an immovable property item, a taxpayer is bound in the tax return filed with the tax authorities at the place of registration thereof for the last tax period of each calendar year from among those left before the end of the ten-year time period cited in Paragraph Five of this item to show the restored tax amount. The tax sum which is subject to restoration and payment to the budget shall be estimated on the basis of the tax amount calculated as the difference between the deductible tax sum cited in Paragraph Four of this item and the tax sum resulting from addition of one tenth of the tax amount cited in Paragraph Five of this item for the years preceding the full calendar year when depreciation was not charged upon the immovable property item which is being updated (reconstructed) and the immovable property item is not used in the taxpayer's activities in the appropriate share, divided by the number of years left before the expiry of the ten-year time period cited in Paragraph Five of this item. The cited share shall be estimated on the basis of the cost of shipped commodities (carried out works, rendered services) and transferred property rights which are not taxable and which are cited in Item 2 of Article 170 of this Code in the total cost of the commodities (works, services) and property rights shipped (transferred) within a calendar year. The tax amount to be restored shall not be included in the cost of this property and shall be accounted within the composition of miscellaneous costs in compliance with Article 264 of this Code. The tax amount to be restored in respect of construction-assembly works, as well as in respect of the commodities (works, services) acquired for carrying out construction-assembly works in the course of updating
(reconstruction) shall be estimated in the procedure established by Paragraph Seven of this item.
7. Subject to deductions shall be amounts of tax paid on expenses borne during business trips (expenses in travel to the place of the business trip and back, including expenses to use bed linen in overnight trains, and also expenses in renting housing) and representation expenses accepted for deduction when calculating the tax levied on profit of organisations.
Where under Chapter 25 of this Code for the purposes of taxation expenditures are taken according to normative standards, the amounts of tax with regard to such expenditures shall be subject to deduction in the amount corresponding to such normative standards.
8. Subject to deductions shall be amounts of tax calculated by the taxpayer on amounts of payment or partial payment received against future deliveries of goods (works, services).
9. Removed. 10. Deductible shall be the tax amounts calculated by the taxpayer in the absence of the
documents provided for by Article 165 of the present Code on the operations of selling goods (works, services) indicated in Item 1 of Article 164 of this Code.
11. The tax amounts which were restored by the shareholder (participant, partner) in the order established by Item 3 in Article 170 of this Code, if they are used for the realisation of the operations recognised as objects of taxation in keeping with this chapter, shall be subject to deductions from the taxpayer who received as a contribution to the authorised (contributory) capital or fund the property, intangible assets and property righter.
12. As deductible for the taxpayer that has remitted the amounts of payment or partial payment for future supplies of commodities (carrying out of works, rendering of services) or transfer of property rights shall be deemed the sums of tax presented by the seller of these commodities (works, services) or property rights.
Federal Law No. 245-FZ of July 19, 2011 supplemented Article 171 of this Code with Item 13. The Item shall enter into force upon the expiry of a month from the date when the said Federal Law is officially published and at the earliest on the first day of a regular tax period for the value added tax
13. In case of alteration of the cost of shipped commodities (carried out works, rendered services) and transferred property rights by way of their reduction, in particular in case of reduction of prices (tariffs) and/or decrease in the number (volume) of shipped commodities (carried out works, rendered services) and transferred property rights, the difference between the tax sums estimated on the basis of the cost of shipped commodities (carried out works, rendered services) and transferred property rights before and after such reduction shall be deductible for the seller of these commodities (works, services) and property rights.
In case of alteration by way of an increase of the cost of shipped commodities (carried out works, rendered services) and transferred property rights, in particular in case of an increase of the price (tariff) and/or an increase in the quantity (volume) of shipped commodities (carried out works, rendered services) and transferred property rights, the difference between the tax sums estimated on the basis of the cost of shipped commodities (carried out works, rendered services) and transferred property rights before and after such increase is subject to deduction for the purchaser of these commodities (works, services) and property rights.
Article 172. The Order of Application of Tax Deductions
Federal Law No. 245-FZ of July 19, 2011 amended Item 1 of Article 172 of this Code. The amendments shall enter into force upon the expiry of a month from the date when the said Federal Law is officially published and at the earliest on the first day of a regular tax period for
the value added tax 1. Tax deductions stipulated by Article 171 of this Code shall be made on the basis of
invoices drawn up by vendors when taxpayers buy goods (works, services), property rights, documents confirming that tax amounts have been actually paid during the import of goods to the territory of the Russian Federation and other territories under its jurisdiction, documents confirming the payment of the tax amounts withheld by tax agents, or on the basis of other documents in cases set forth in Items 3, 6-8 of Article 171 of this Code.
Subject to deductions shall be, unless otherwise established by the present Article, only amounts of tax presented to a taxpayer upon the acquisition of goods (works, services) and property rights on the territory of the Russian Federation or when the amounts actually paid by them when importing goods to the territory of the Russian Federation and other territories under its jurisdiction after aforesaid goods (works, services), property rights are entered into records, with due regard to features laid down by this Article and provided appropriate primary documents are submitted.
Deductions of tax amounts presented by vendors to the taxpayer when he buys or pays for fixed assets, equipment for installation and/or intangible assets specified in Items 2 and 4 of Article 171 of the present Code and imported to the territory of the Russian Federation and other territories under its jurisdiction, shall be effected in full after said fixed assets and/or intangible assets are entered into records.
Upon the acquisition for foreign currency of goods (works, services) and property rights foreign currency shall be converted into roubles at the exchange rate of the Central Bank of the Russian Federation on the date of the registration of goods (works, services) and property rights.
When acquiring commodities (works, services) and property rights under contracts containing the obligation to pay for them in roubles in the amount which is equivalent to a definite sum in foreign currency or in conditional monetary units, the tax deductions made in the procedure provided for by this article shall not be corrected when subsequently paying for the cited commodities (works, services) and property rights. The sum differences that the purchaser has when subsequently making payments shall be accounted within the composition of off-sale incomes in compliance with Article 250 of this Code or within the composition of off-sale incomes in compliance with Article 265 of this Code.
2. Abrogated from January 1, 2009. 3. Deductions of the tax amounts stipulated by Items 1-8 in Article 171 of this Code in
respect to operations in the sale of goods (works, services) indicated in Item 1 of Article 164 of this Code shall be made in the order established by this Article at the time of the estimation of the tax base fixed by Article 167 of this Code.
Deductions of the tax amounts indicated in Item 10 of Article 171 of this Code shall be made on the date that corresponds to the time of the subsequent calculation of the tax at the zero per cent tax rate in respect to the operations in the sale of goods (works, services) provided for by Item 1 of Article 164 of this Code in the presence at this time of the documents stipulated by Article 167 of this Code.
4. Deductions of tax amounts specified in Item 5 of Article 171 of this Code shall be made in full after appropriate adjustment operations involved in the return of goods or rejection of goods (works, services) have been entered in the records, but no later than one year from the time of the return or rejection.
5. Deductions of the tax amounts indicated in the first and second paragraphs of Item 6 in Article 171 of this Code shall be made in the order established by the first and second paragraphs of Item 1 in the present Article.
The amounts of tax cited in Paragraph Three of Item 6 of Article 171 of this Code shall
be deducted at the time of determining the tax base fixed by Item 10 of Article 167 of this Code.
In the event of the reorganisation of the body the successor or successors shall deduct the tax amounts which were indicated in the third paragraph of Item 6 in Article 171 of this Code and which were not accepted by the reorganised (being reorganised) organisation for deduction until the time of the completion of the reorganisation, to the extent of the payment to the budget of the tax calculated by the reorganised (being reorganised) organisation during the performance of building and assembly works for internal consumption in accordance with Article 173 of this Code.
6. The deductions of tax amounts specified in Item 8 of Article 171 of this Code shall be made from the date of unloading of appropriate goods (performance of works, rendering of services).
7. During the determination of the time of estimating the tax base in the order provided for by Item 13 in Article 167 of this Code, deductions of tax amounts shall be made at the time of the estimation of the tax base.
8. Deductions of the tax amounts indicated in Item 11 of Article 171 of this Code shall be made after the registration of property, including fixed and intangible assets and property rights received as the payment of a contribution to the authorised (contributory) capital (fund).
9. The amounts of tax cited in Item 12 of Article 171 of this Code shall be deducted on the basis of the invoices presented by sellers when receiving payment or partial payment for future supplies of commodities (carrying out of works, rendering of services), transfer of property rights, of the documents proving actual remittance of the amounts of payment or partial payment for future supplies of commodities (carrying out of works, rendering of services) or transfer of property rights where there is a contract providing for the said amounts' remittance.
Federal Law No. 245-FZ of July 19, 2011 supplemented Article 172 of this Code with Item 10. The Item shall enter into force upon the expiry of a month from the date when the said Federal Law is officially published and at the earliest on the first day of a regular tax period for the value added tax
10. The sums of the difference cited in Item 13 of Article 171 of this Code shall be deducted on the basis of the adjustment invoices made out by sellers of commodities (works, services) and property rights in the procedure established by Items 5.2 and 6 of Article 169 of this Code, where there is a contract, agreement or other basic document proving the purchaser's consent to (notification about) alteration of the cost of shipped commodities (carried out works, rendered services) and transferred property rights, in particular as a result of alteration of the price (tariff) and/or alteration of the quantity (volume) of shipped commodities (carried out works, rendered services) and transferred property rights but at latest in three years as from the time when an adjustment invoice is drawn up.
Article 173. The Amount of Tax Payable to the Budget 1. The amount of tax payable to the budget shall be calculated on the basis of results of
each tax period as an amount reduced by the amount of tax deductions stipulated by Article 171 of this Code (including tax deductions stipulated by Item 3 of Article 172 of the present Code) being the overall amount of the tax calculated according to Article 166 of this Code and increased by the tax amount restored in accordance with this Chapter.
2. If the amount of tax deductions over any tax period exceeds the total amount of tax calculated according to Article 166 of this Code and increased by the tax amount restored in accordance with Item 3 of Article 170 of this Code, the positive difference between the amount
of tax deductions and the sum of tax calculated with regard to the operations recognised as units of taxation under Subitem 1 and 2 of Item 1 of Article 146 of this Code, shall be subject to reimbursement to taxpayers in the procedure and on the conditions which are stipulated by Articles 176 and 176.1 of this Code, safe for the cases when taxpayers submit tax declarations on the expiry of three years after the end of an appropriate tax period.
Abrogated. Abrogated from January 1, 2007. Federal Law No. 306-FZ of November 27, 2010 amended Item 1 of Article 173 of this
Code. The amendments shall enter into force from January 1, 2011 but not earlier than upon the expiry of one month from the day of the official publication of the said Federal Law and not earlier than the first day of the next tax period for the value-added tax
3. The amount of tax payable if goods are imported to the territory of the Russian Federation and other territories under its jurisdiction shall be calculated according to Item 5 of Article 166 of this Code.
4. In case of sale of goods (works, services) specified in Article 161 of this Code, the amount of tax payable to the budget shall be calculated and paid in full by tax agents defined in Article 161 of the present Code.
5. The amount of tax payable to the budget shall be calculated by the following persons if they invoice the buyer and state separately the tax amount:
1) by persons who are not taxpayers, or by taxpayers released from discharge of the taxpayer obligations involved in the calculation and payment of tax;
2) by taxpayers, when selling goods (works, services) and when operations in selling them are not taxable.
Here, the amount of tax payable to the budget shall be defined as the amount of tax indicated in the appropriate invo