Windfall tax for major companies to be introduced in Russia

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Monitoring of the Federal Legislation dated 10.09.2004

Order of the Ministry of Taxation of the Russian Federation No. CAE-3-21/438@ of July 23, 2004 On Approval of the List of Documents Used As the Basis For Offset or Refund of Amounts of Tax Charged For Using Objects of the Fauna Under Non-Realized Licenses (Permits) To Use Objects of the Fauna

The list includes an application of the payer for offset or refund of the amount of tax charged for using objects of the fauna and also updated data on the given license (permit) to use the said objects, on amounts of tax charged for using such objects that shall be paid and on amounts of tax that has actually been paid (made up in respect of non-realized license (permit) to use objects of the fauna).

Registered with the Ministry of Justice of the Russian Federation in September 7, 2004 . Registration No. 6011.

Decision of the Federal Customs Service No. 2-p of August 11, 2004 On Amending Decision of the State Customs Committee of Russia of Russia No. 1091-p of November 21, 2001

It amends individual Items of Collection 1 of decisions and clarifications on the classification of individual commodities in accordance with the Commodity Classification of Foreign Economic Activity of the Russian Federation. Specifically, it amends the definition of cigarillos that now shall also include smoking items the net mass of a single item of which, without basic packing, filter and/or holder (if any), is or less than 3 (three) grams.

It also supplements the collection with items such as "refrigerators and freezers under commodity item 8418", "manufactured mono-crystal corundum", " separating belt" and "dump-trucks classified under sub-item 8704 10".

Registered with the Ministry of Justice of the Russian Federation in September 7, 2004 . Registration No. 6009.

Order of the Ministry of Justice of the Russian Federation No. 142 of August 27, 2004 On Amending Order of the Ministry of Justice of the Russian Federation No. 136 of May 4, 2001

It amends the norms of nourishment for persons convicted to imprisonment and also for persons kept at pre-trial detention centers of the criminal and penal system of the Ministry of Justice of the Russian Federation.

Registered with the Ministry of Justice of the Russian Federation in September 7, 2004, Registration No. 6007.

Directive of the Central Bank of Russia No. 1493-U of August 25, 2004 On Amending Directive of the Bank of Russia No. 1274-U of April 24, 2003 On Peculiarities of Application of Forms of Settlement Records In Making Payments By Electronic Transfers Through the Settlement Network of the Bank of Russia

It increases the maximum length of a margin within the symbols of margin 104 of the settlement document used when making settlements by electronic transfers through the settlement network of the Bank of Russia.

The Directive shall take effect from January 1, 2005.

Registered with the Ministry of Justice of the Russian Federation in September 7, 2004, Registration No. 6006.

Regulations On the Central Bank of Russia No. 262-P of August 19, 2004 On Identification By Credit Institutions of Customers and Beneficiaries For Purposes of Prevention of the Legalization (Laundering) of Criminally Derived Incomes and the Funding of Terrorism

It establishes an obligation of credit institutions to identify customers and beneficiaries (persons for whose benefit the customers are acting) in carrying out bank operations and other transactions in order to prevent the legalization (laundering) of criminally derived incomes and the funding of terrorism. The credit institution must have a program of identification of the customers and beneficiaries prepared and approved.

To avoid the duplication of functions, credit institutions shall be given the right not to identify beneficiaries in individual cases. Thus, when the customer of credit institution is an organization that is obligated under the Federal law On Prevention of the Legalization (Laundering) of Criminally Derived Incomes and the Funding of Terrorism to identify persons using their respective services (for instance, insurance organizations, professional players in the securities market, brokers in making transactions of purchase and sale of real estate, etc.), the credit institution shall have the right not to identify the beneficiary. The identification shall likewise not be required in respect of state power bodies of the Russian Federation and state power bodies of the subjects of the Russian Federation.

In individual cases it provides for a summary procedure for identification of individuals (for instance, on the basis of the driving license).

The summary procedure shall be applied only in respect of natural persons and individual operations (exchange of currency, transfer of monies without opening a bank account, etc.). Notably, the operation shall not be subject to obligatory control when it is so provided under the Federal law On Prevention of the Legalization (Laundering) of Criminally Derived Incomes and the Funding of Terrorism and also when the family name, first name and (unless otherwise is required under the law or national custom) the patronymic and other data on individual available with the credit institution do not fully coincide with the information contained in the List of extremists.

It establishes that in case of operations handled by an individual associated with payment for housing and public utilities, services of communication and with paying to the budgets of any level, for the amount inferior to 600 000 Rubles or an equivalent amount in foreign currency, identification of natural persons shall not be required.

Credit institutions shall be obligated to provide for compliance with the said requirements in respect of the customers using their services, including the requirements to identify beneficiaries, within one year from the effective date of these Regulations.

The Regulations shall come into effect upon the expiration of 10 (ten) days after its official publication in the Bulletin of the Bank of Russia.

Registered with the Ministry of Justice of the Russian Federation in September 6, 2004. Registration No. 6005.

Letter of the Ministry of Taxation of the Russian Federation No. 24-3-03/571 of August 17, 2004 On Order of the Ministry of Taxation of the Russian Federation No. CAE-3-24/441@ of July 27, 2004 On Approval of the Forms of Documents Containing Data On Bank Accounts of Legal Entities and Individual Entrepreneurs

Information of the bank to the taxation body of the opening (closure) of bank accounts and notifications of the bank regarding alteration of numbers of the bank customers' accounts to be formulated by the banks on their own in accordance with the range of numbers given to them and after the forms approved by Order of the Ministry of Taxation of the Russian Federation No. BG-3-24/179@ of March 4, 2004 shall be accepted by the taxation bodies until September 20, 2004 inclusive.

The forms of the said documents given to the banks by the taxation bodies before August 23, 2004 shall be in use until they are completely used up.

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