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 10.11.2005

Federal Law No. 144-FZ of November 8, 2005 on the Amendments to the Law of the Russian Federation on the Customs Tariff

In the Russian Customs Tariff, the main type of rates are ad valorem ones calculated in percent of the customs cots of the pertinent commodities. Besides, the customs cost is the main part of the taxable base for the VAT collection at import of commodities to the customs territory of the Russian Federation. However, in international practice, the use of various national methods of determination of the customs cost of imported commodities is regarded as a non-tariff barrier. Therefore, the Law of the Russian Federation on the Customs Tariff is being brought in compliance with the Agreement on the application of Article VII of the General Agreement on Tariffs and Trade of 1994, which is one of the prerequisites for the entry of the Russian Federation in the World Trade Organisation.

The set of notions of the Law introduces such terms as "identical goods", "congeneric goods", "goods of the same class or type", as well as the "commonly accepted principles of accounting work". The Law also changes the methods of determination of the customs cost of imported and exported commodities.

The Federal Law is entered into force from July 1, 2006.

Decision of the Government of the Russian Federation No. 659 of November 7, 2005 on the Endorsement of the Norms of Material Support for Orphan Children and Children Having Found Themselves without Parental Support, Persons out of Orphan Children and Children Having Found Themselves without Parental Support Undergoing Studies and Being Brought up in the Federal State Educational Institutions, Underage Undergoing Studies and Being Brought up in the Federal State Educational Institutions - Special Professional Schools of Open and Closed Type and the Federal State Institution Sergiyev Posad Children's Home of the Deaf and Blind of the Federal Agency of Public Health and Social Development

Endorses the norms of supplies of foodstuffs, clothing, shoes and other items and software utensils for the listed children.

Order of the Ministry of Economic Development of the Russian Federation No. 263 of October 18, 2005 on the Procedure of the Customs Registration of White Sugar and Sugar-Containing Foodstuffs Imported to the Territory of the Russian Federation from the Republic of Belarus

The place of declaring of white sugar and sugar-containing commodities imported from Belarus is the Customs Registration and Customs Control Department No. 2 of the Troyekurovo Customs Station of the Western Moscow Customs Office (code 10122112).

The declaring for the mentioned commodities is arranged according to a simplified procedure by submission of the customs declaration in the form of a written application drawn up in a free form indicating information on the declaring party, shipper and recipient of commodities as shown in the transportation documents, and on the name, quantity of commodities in the main unit of measurement, as well as the cost of commodities according to the invoice.

The Order is entered into force 90 days after the day of its official publication.

Registered in the Ministry of Justice of the Russian Federation on November 8, 2005. Reg. No. 7142.

Order of the Ministry of Economic Development of the Russian Federation No. 264 of October 18, 2005 on the Endorsement of the Form of the Notification

Endorses the form of the notification of the refusal to apply the simplified procedure of declaring specified in Article 138 of the Customs Code. The customs body shall notify the declaring party of the refusal to apply the simplified procedure of declaring of the Russian-made commodities while indicating the conditions that must be fulfilled to apply such procedure.

Registered in the Ministry of Justice of the Russian Federation on November 8, 2005. Reg. No. 7140.

Letter of the Department of the Tax and Customs Tariff Policy of the Ministry of Finance of the Russian Federation No. 03-02-07/1-247 of September 28, 2005

The Tax Code and the Federal Law on the banks and banking activities specifies the duty of the banks to hand out to tax bodies certificates of operations and accounts of organisations and citizens engaged in entrepreneurial activities without the forming of the legal entity within five days of the receiving of the motivated request of the tax body.

The Letter explains that the Tax Code does not contain a prohibition for the tax bodies to demand from the bank copies of payment documents of their client for the period covered by the tax check.

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