Windfall tax for major companies to be introduced in Russia

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Daily Monitoring of the Legislation

Monitoring of the Federal Legislation dated 28.03.2006

Decision of the Government of the Russian Federation No. 166 of March 24, 2006 on the Endorsement of the Coefficient of Indexing of the Estimated Pension Capital of the Insured

The coefficient of indexing of the estimated pension capital of the insured as of January 1, 2005 is endorsed in the amount of 1.127. The given coefficient will be used in the indexing of the insured part of the labour pension in 2006.

The Decision is entered into force from April 1, 2006.

Decision of the Government of the Russian Federation No. 165 of March 24, 2006 on the Endorsement of the Coefficient of Indexing of the Basic Part of the Labour Pension from April 1, 2006 and the Coefficient of Additional Increase of the Amount of the Insured Part of the Labour Pension from April 1, 2006

Endorses the coefficient of indexing of the basic part of the labour pension from April 1, 2006 in the amount of 1.085. Earlier, from August 1, 2005, the appropriate coefficient in the amount of 1.06 was specified by the Decision of the Government of the Russian Federation No. 419 of July 11, 2005.

The coefficient of additional increase of the amount of the insured part of the labour pension from April 1, 2006 is fixed in the amount of 1.063 (from August 1, 2005, the mentioned coefficient was fixed in the amount of 1.048).

The Decision is entered into force from April 1, 2006.

Decision of the Government of the Russian Federation No. 158 of March 24, 2006 on the Amendments to the Decision of the Government of the Russian Federation No. 830 of November 30, 2001 and No. 1364 of December 9, 1999 Pertaining to Individual Types of Untreated Timber

Adjusts the names and codes of subheadings of the Foreign Trade Commodity Nomenclature of the Russian Federation pertaining to firewood of birch-tree and coniferous trees. Differentiates the mentioned types of commodities depending on their dimensions (diameter and length). The rate of the import customs duty for the mentioned types of firewood is preserved at the previous level, making 15% of the customs cost.

The same principle is used to differentiate the names and codes pertaining to exported timber of birch-tree and coniferous trees, the rates having been specified in the Decision of the Government of the Russian Federation No. 1364 of December 9, 1999. The rates for the mentioned commodities have been adjusted. The rate of the export customs duty for timber of fir-tree and pine-tree makes 6.5% of the customs cost, however, not less than EUR 4 per cu. m (earlier, not less than EUR 2.5 per cu. m). For timber of birch-tree, the zero rate of the export customs duty is introduced, since a duty-free export for the given commodity was envisaged.

The Decision is entered into force 2 months after the day of its official publication.

Order of the Ministry of Education and Science of the Russian Federation No. 303 of December 8, 2005 on the Endorsement of the Regulation on the Interagency Commission for the Issues of Adoption and Other Forms of Accommodation of Children in Families for Bringing up

Regulates activities of the Interagency Commission for Issues of Adoption and Other Forms of Accommodation of Children in Families for Bringing up created by the Order of the Ministry of Education and Science of Russia No. 153 of May 27, 2005.

The Interagency Commission shall be formed out of representatives of the Ministry of Internal Affairs of Russia, Ministry of Foreign Affairs of Russia, Ministry of Justice of Russia, Ministry of Public Health and Social Development of Russia and the Federal Service of Enforcement in the Sphere of Public Health and Social Development and shall be a coordinating body created to ensure coordinated actions in implementation of the state policy in the sphere of adoption and other forms of accommodation of children in families for bringing up, ensure efficient protection of their rights and legal interests.

The main tasks of the Commission shall be: working out general principles of the state policy in the sphere of adoption and other forms of accommodation of children in families for bringing up; coordination of activities of the federal bodies of executive power and the bodies of executive power of the subjects of the Russian Federation pertaining to handing over for adoption to citizens of the Russian Federation, foreign citizens and stateless persons of children being citizens of the Russian Federation.

The Commission is entitled to request materials from the federal bodies of executive power, bodies of executive power of the subjects of the Russian Federation on issues in its sphere of reference.

Registered in the Ministry of Justice of the Russian Federation on March 23, 2006. Reg. No. 7621.

Order of the Federal Agency of the Railway Transport No. 101 of December 23, 2005 on the Endorsement of the Regulation on the Terms of Payment of Bonuses and Material Aid to the Federal State Servants of the Territorial Departments of the Federal Agency of the Railway Transport

Endorses the Regulation defining the terms and procedure of paying out of bonuses and rendering material aid to the federal state civil servants of the territorial departments of the Federal Agency of the Railway Transport.

Defines the main figures to pay bonuses to the heads and employees, procedure of calculation of bonuses.

Specific amounts of bonuses to employees shall be determined within the limits of the labour remuneration fund and do not have restrictions.

The bonuses shall be paid out on the basis of: for the heads of the territorial departments - order signed by the head of the Federal Agency of the Railway Transport or his deputy; for the employees - order of the head of the territorial department or his deputy.

Material aid to each worker shall be paid out once in a calendar year in the amount of two salaries for the occupied position within the limits of the labour remuneration fund, as a rule when the employee gets his annual paid leave.

Material aid may also be paid out to employees in cases of anniversaries, diseases, death of close relatives and for other justifiable reasons.

Decision to pay out the material aid is drawn up as an order of the head of the territorial department.

Registered in the Ministry of Justice of the Russian Federation on March 23, 206. Reg. No. 7615.

Letter of the Department of the Tax and Customs Tariff Policy of the Ministry of Finance of the Russian Federation No. 03-11-04/3/126 of March 10, 2006

If the representative bodies of municipal regions and urban districts have not adopted before January 1, 2006 a normative legal act to introduce the system of taxation in the form of the uniform imputed income tax for individual types of activities on the appropriate territory, provisions of the law of the subject of the Russian Federation shall apply until January 1, 2007 specifying the procedure of entry into force of such system of taxation on the territory of this subject of the Russian Federation.

The given laws of the subjects of the Russian Federation shall apply from January 1, 2006 on the whole territory of the subject of the Russian Federation except for the territories of municipal regions and urban districts whose representative bodies have adopted and published officially the mentioned normative legal acts before December 1, 2005. Therefore, beginning with estimates for the I quarter of 2006, tax declarations must be submitted by the mentioned taxpayers according to the form endorsed by the Order of the Ministry of Finance of Russia No. 8n of January 17, 2006 for taxpayers transferred to the uniform imputed income tax in compliance with the normative legal acts of the representative bodies of municipal regions and urban districts.

Letter of the Department of the Tax and Customs Tariff Policy of the Ministry of Finance of the Russian Federation No. 03-03-02/63 of March 7, 2006

Handing over of securities to a closed-type shared investment fund must be regarded for the purpose of the profit tax as other withdrawal of securities. When carrying out the mentioned operation, securities shall transfer to the common shared property of holders of investment shares.

The taxable base for securities in the given case must be determined as of the date of committing the transaction. In this case, if the valuable paper available at the organised market of securities is sold outside the organised market of securities, the date of committing the transaction is considered to be the date of determination of all significant terms of transfer of the valuable paper, i.e. the date of signing of the contract. Thus, taxpayer incomes from operations of transfer of securities to the shared investment fund shall show the market price of the withdrawn securities determined as of the date of inclusion in the contract of trust control of the shared investment fund.

When handing over securities other than those available at the organised market of securities, the market price of withdrawn securities included in the founder incomes shall be determined as of the date of transfer of securities in the common shared property of holders of investment shares.

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