Windfall tax for major companies to be introduced in Russia

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Monitoring of the Federal Legislation dated 26.01.2005

Order of the Federal Service for Financial Markets No. 04-1244/pz-n of December 15, 2004 on the Procedure of Publication and Entry into Force of the Orders of the Federal Service for Financial Markets Recognised by the Ministry of Justice of the Russian Federation As Not Needing the State Registration

The orders of the Federal Service for Financial Markets of Russia recognised by the Ministry of Justice of Russia as not needing the state registration are entered into force from the moment of their signing if the orders themselves do not specify another period and procedure of entry into force. The mentioned acts must be published in the information bulletin "Herald of the Federal Service for Financial Markets".

Registered in the Ministry of Justice of the Russian Federation on January 18, 2005. Reg. No. 6266.

Information Letter of the Central Bank of Russia No. 30 of December 31, 2004

Provides a summary of the practice of application of individual normative acts of the Bank of Russia on currency regulation and currency control.

When the information on the operations of the resident in the payments with the authorised bank is entered by the authorities bank in the electronic database on currency operations, responsibility for the correctness of entry of the code of the currency operation rests with the authorised bank.

Explains that in the payments between the residents and non-residents under the lease contracts for the movable property and transport vehicles qualified as immovable items, when the mentioned property is moved across the border of the Russian Federation, the transaction certificate must be drawn up. The transaction certificate must also be drawn up by the resident when he concludes a contract of insurance (re-insurance) with a non-resident.

The authorised bank may not refuse to sign the transaction certificate for the contract even if the resident has violated the coordinated time limit for submission of the documents to the bank to draw up the transaction certificate.

The Letter specifies that the 7-day time limit for the obligatory sale of the part of the currency receipts does not include the 2 working days necessary for the authorised bank to deposit the foreign currencies. The day of the beginning of the 7-day time limit of the obligatory sale of the part of the currency receipts for the resident is considered to be the following day after the currency is received on the bank account of the resident in the authorised bank.

The monetary resources in foreign currencies received from the non-resident on the bank account of the resident in the authorised bank as a return of the advance payment earlier transferred by the resident from his current currency account in the authorised bank in favour of the non-resident under the contract concluded between them (including the lease contract) in payment of the fines, as donations for charitable purposes, as well as the monetary resources in foreign currencies received as incomes from operations with securities should not be regarded as an object of obligatory sale, since in the given case there is no transfer of commodities, carrying out of works, rendering of services, transfer of information and results of intellectual activities, including the exclusive rights for them.

Letter of the Ministry of Finance of the Russian Federation No. 03-06-01-02/02 of January 18, 2005

Explains that there are no reasons to endorse for the year 2005 a new tax declaration for the property tax from organisations and its filling instruction. One should continue to use the form of the tax declaration for the property tax from organisations (tax estimate for advance payments) endorsed by the Order of the Ministry of Taxation of Russia No. SAE-3-21/224 of March 23, 2004. In this case, the tax bodies, when making the blank forms of the mentioned declaration, are recommended to increase the digits to twenty for the figure "Code of the Budget Classification" in Section 1 "Amount of Tax (Amount of Advance Payment for the Tax) Due for Transfer to the Budget According to Taxpayer Information".

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