Monitoring of the Federal Legislation dated 15.11.2004

Federal Law No. 139-FZ of November 11, 2004 on the Amendments to the Customs Code of the Russian Federation

The Customs Code of the Russian Federation is extended to include new Chapter 33.1 "Customs Fees". The Law provides the notion of the "customs fees", lists their types, defines the procedure of fixing of the rates of the customs fees and calculation of the amounts to be paid at the customs registration, escort and storage of commodities moved across the customs border of the Russian Federation. The amount of the customs fee for the customs registration must be restricted to the approximate cost of the rendered services and may not be greater than Rbl 100,000.

The Law specifies the list of the customs fees: for the customs registration, escort, storage. Defines the payers of the customs fees, as well as the procedure, forms and time limits for their payment. Lists the grounds for exemption from the customs fees.

The Federal Law is entered into force from January 1, 2005.

Letter of the Ministry of Taxation of the Russian Federation No. 33-0-09/691 of November 2, 2004 on the Use of Cash Registers

If the organisation or independent entrepreneur act as recipients of cash as a result of operations other than sale of commodities, carrying out works or rendering services, they must not use cash registers including the cases of: return of the amounts handed out on accountability basis, return by the borrower of the amount of the interest-free loan, getting free gratuitous aid if the aid does not imply the duty of the recipient to fulfil works, render services to the donor.

Letter of the Ministry of Finance of the Russian Federation No. 03-03-02-04/1/21 of October 7, 2004 on the Mediation Contracts in the Simplified System of Taxation

If under the agency contract the receipts from the sale of services is received in the agent's cash department and transferred by the agent to the principal less agency remuneration, the incomes from entrepreneurial activities in the determination of the object of taxation with the agent is the amount of agency remuneration received by the agent independent entrepreneur from the principal.

Letter of the Ministry of Taxation of the Russian Federation No. 02-5-10/56 of September 21, 2004 on the Procedure of Registration of Excise Duty Taxes for Oil Products As Expenses in the Calculation of the Profit Tax

If the declaration for excise duty taxes submitted in February 2004 for the December of 2003 does not show the object of taxation for the registration of the received oil products in December of 2003, the recording of these amounts in reduction of the taxable base for the profit tax for the year 2003 will be recognised as illegal.