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 10.10.2001

Ruling of the Supreme Court of the Russian Federation No. KAS 01-325 of September 6, 2001 on the Restitution of the Decision of the Supreme Court of the Russian Federation No. GKPI 2001-916 of July 24, 2001

Challenges Paragraph 2 of Item 12 of the Rules of keeping of the logbook of received and issued invoices, books of purchase and books of sales for the purposes of calculation of the value added tax. According to this item, the tax exemption in construction and erection works carried out for own use applies to tax amounts calculated by the taxpayer for the cost of the given works less the amounts of tax presented to him by the seller of commodities (works, services).
According to the applicant, the cited norm envisages a procedure of determination of the tax exemptions in such works different from the one specified in the Tax Code of the Russian Federation permitting to reduce illegally the amount of tax exemption.
The Supreme Court has ruled that the challenged provision of the Rules actually reproduces the procedure of calculation of the amounts of value added tax and the procedure of application of tax exemptions fixed in Item 6 of Article 171 and Item 1 of Article 173 of the Tax Code of the Russian Federation. Tax amounts paid out to the seller are rated as independent exemptions. Their preservation in the calculated tax amounts for the carried out erection works would lead to double exemption of the same amounts.
The argument of the appeal stating that the challenged provision of the Rules imposes on the taxpayer the duty to issue invoices not envisaged in the law is not correct. The duty of the taxpayer to draw up and issue invoices, keep the logbook of them is envisaged in Item 3 of Article 168, Item 3 of Article 169 of the Tax Code of the Russian Federation.
The challenged provisions are in line with the Tax Code of the Russian Federation, do not violate the rights and interests of the applicant protected by the law thus proving correct the refusal of the court to satisfy the claim.

Decision of the Chief State Sanitary Physician of the Russian Federation No. 23 of September 7, 2001 on the Entering into Force of the Sanitary Rules

Beginning with January 1, 2002, enters into force the new sanitary and epidemiological requirements to trade organizations regardless of the from of ownership and circulation of edible raw materials and foodstuffs. Institutes preventive measures against occurrence and dissemination of infectious and non-infectious diseases. Defines the requirements to the location, outfit, layout, sanitary and technical condition, maintenance of trade organizations selling edible raw materials and foodstuffs.
Introduces stricter rules of accepting, storage, selling, transportation of foodstuffs. Introduces the requirements to the microclimate in stationary organizations of retail trade network, personal hygiene of employees.
Registered in the Ministry of Justice of the Russian Federation on September 28, 2001. Reg. No. 2956.

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