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 31.08.2006

Decision of the Government of the Russian Federation No. 526 of August 29, 2006 on the Prolongation of the Interim Rates of Import Customs Duties for Individual Commodities <br>

Prolongs until June 30, 2007 the rates of import customs duties for individual types of shoes (codes according to the Foreign Trade Commodity Nomenclature of Russia 6403 12 000 1- 6406 99 800 0), gas discharge lamps (except for the ultraviolet lamps) (codes according to the Foreign Trade Commodity Nomenclature of Russia 8539 32 500 0 and 8539 32 900 0), grain and silo harvesting combines, spare parts for washing machines, individual types of technological equipment (codes according to the Foreign Trade Commodity Nomenclature of Russia 8402 11 000 1- 9032 81 900 0), rolling stock of ferrous metals (codes according to the Foreign Trade Commodity Nomenclature of Russia 51 300 0; 7208 51 500 0; 7225 40 200 0), natural uranium and uranium depleted with uranium-235, individual metals, ores and concentrates (codes according to the Foreign Trade Commodity Nomenclature of Russia 2617 90 000 0, 2620 99 900 0, 2825 60 000 0, 8112 30 200 0, 8112 30 400 0, 8112 30 900 0), electrodes, technological equipment for the aircra ft industry, individual types of transport vehicles older than 5 years of age (codes according to the Foreign Trade Commodity Nomenclature of Russia 8701 20 901 3, 8701 20 901 7, 8704 22 990 3, 8704 22 990 7, 8704 23 990 3, 8704 23 990 7), individual types of cheese (code according to the Foreign Trade Commodity Nomenclature of Russia 0406 90).

The rates of the import customs duties for the mentioned commodities were fixed on the temporary basis (for 9 months) expiring in September 2006- June 2007 (depending on the commodity).

Prolongation of the rates is stipulated by the need to solve the tasks pertaining to the entry into force form January 1, 2007 of the new wording of the Foreign Trade Commodity Nomenclature of Russia envisaged in international obligations.

The Decision is entered into force one month after the day of its official publication.

Letter of the Department of the Tax and Customs Tariff Policy of the Ministry of Finance of the Russian Federation No. 03-11-04/3/376 of August 15, 2006 <br>

Provides explanations on the procedure of application of the uniform imputed income tax.

Entrepreneurial activities of sale of own cooking items at the place of their production and consumption (restaurants, canteens, cafes, snack bars, bars, buffets, pavilions, automatic dispensers and other objects of public catering) carried out by the enterprises of consumer cooperatives are qualified as public catering services and are subject to the uniform imputed income tax. At the same time, activities of sale of own cookery through the network of shops and pavilions carried out by these enterprises may not be qualified as retail trade and are subject to taxation in the framework of the common taxation regime or according to the simplified system of taxation.

Entrepreneurial activities of sale of cooking items and confectionary of public catering enterprises in the buffets of educational and medical institutions, if these buffets are not being separate divisions of public catering organisations, are not subject to the uniform imputed income tax.

Telegram of the Federal Customs Service No. TF-1962 of August 25, 2006 <br>


According to the Federal Law No. 117-FZ of July 18, 2006 on the export of gas, supplies of natural gas abroad (except for the gas produced under production-sharing agreements) may be provided by organisations possessing the license for the exclusive right of export of gas.

In pursuance of the adoption of the mentioned Law, the Federal Customs Service in its Telegram No. TF-1821 of July 31, 2006 ordered the customs bodies to carry out from July 31, 2006 the customs registration of exported gas produced in all types of deposits of hydrocarbon raw materials and transported in gaseous or liquefied condition only in the presence of the license for the exclusive right of export of gas. However, since the mentioned Law covers only natural gas rather than the products of processing of gas, in particular, the stable gas condensate (code according to the Foreign Trade Commodity Nomenclature of Russia 2709 00 100 0), the presence of the mentioned license for the export of products of processing of gas is not necessary.

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