Windfall tax for major companies to be introduced in Russia

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Monitoring of the Federal Legislation dated 22.06.2009

Decision of the Government of the Russian Federation No. 498 of June 15, 2009 on Amending Decision of the Government of the Russian Federation No. 1033 of December 30, 2000

This decision updates the procedure for refund of the value added tax sums paid when goods (works and services) are purchased by foreign diplomatic missions and by the missions qualifying as such (for official use) or by diplomatic or administrative & technical personnel of such missions and their family members residing together with them (for personal use).
Now, VAT amounts paid are also refundable for missions (previously only personnel were entitled). The VAT payers selling goods for above needs have to present invoices indicating the tax rate of 18 (10)% or bearing the inscription "Without tax (VAT)". Previously, invoices were presented with an indication of zero tax rate and the annotation "For diplomatic needs".
VAT refund is provided on an application filed on behalf of a mission registered with a tax body in the Russian Federation. Documents must be filed with the tax body in cases when the goods were sold to the mission under a contract or for cash and they will be used to substantiate VAT refund.
The application and documents are to be submitted to the tax body within three years after the latest of the following dates: the date of the invoice or the date of the actual payment for the goods.
Within three months the tax body checks out the availability of good ground for the refund of the VAT sum presented. Refunded tax is remitted to the mission's account opened in a Russian bank.
The VAT amounts that have been paid by a mission at the purchase of goods since April 1, 2007 are to be refunded in the updated procedure.
The Decision enters into force upon the expiry of one month after its official publication, but in any case not before the first day of next tax period for VAT purposes.

Decision of the Government of the Russian Federation No. 495 of June 15, 2009 on Establishing Requirements Applicable to a Concessionaire in Respect of the Banks That Issue Irrevocable Banker's Guarantees, the Banks in Which the Concessionaire's Bank Deposit May be Opened as Subject to the Rights Which May Be Assigned by the Concessionaire to the Awarding Authority as Pledged Item and in Respect of the Insurance Organisations with Which a Concessionaire May Conclude a Contract of Insurance of the Risk of Liability for Breach of Obligations under an Agreement on Concession

The concession is an instrument of state investment policy. Under an agreement on concession an individual entrepreneur or legal entity (concessionaire), creates or renovates at his expense a piece of immovable property which is owned or is going to be owned by the Russian Federation, a subject of the Russian Federation or a municipal formation (awarding authority) which in its turn undertakes to grant a right of possessing and using said immovable property to the concessionaire for a fixed term.
The condition sine qua non of a concession is security provided by the concessionaire for his undertaking in one of the three forms, i.e. an irrevocable banker's guarantee, the pledge of concessionaire's rights to the awarding authority under a contract of bank deposit and the insurance of the risk of the concessionaire's liability.
Qualifications are established for a bank and insurance organisation entitled to provide security for a concessionaire's obligations. First, it has to hold a relevant licence. Second, it must have operated for at least three years after state registration (for cases of merger of banks or insurance organisations the term is counted for the organisation with the earliest state registration date; the term not being interrupted in the case of transformation). Third, the bank or insurance organisation is to have an unconditionally positive auditor's report for the past year. Also, the actual solvency margin of the insurance company is to exceed its standard rate by at least 30 per cent.

Decision of the Government of the Russian Federation No. 486 of June 15, 2009 on Amending Some Acts of the Government of the Russian Federation on Licensing the Gathering, Using, Decontaminating, Transporting and Placing of Waste, Hazard Class I-IV

A new version of the Federal Law on Licensing Specific Types of Activity takes effect as of June 30, 2009 according to which the gathering, using, decontaminating, transporting and placing of waste, Hazard Class I-IV (other than dangerous waste), are subject to licensing.
Accordingly, amendments have been made to the Regulations on the Licensing of the Gathering, Using, Decontaminating, Transporting and Placing Dangerous Waste.
The description of the licensed activities is updated.
The following are licence terms and conditions: the availability of a sanitary-epidemiological statement on the property to be used to pursue said activities, a positive statement resulting from a state ecological expert examination of the design documentation of facilities relating to the placement and decontamination of waste, Hazard Class I-IV, save facilities commissioned before the entry into force of the decision whereby the Regulations have been confirmed.
The licences issued before June 30, 2009 keep effective until the expiry of the term specified therein.
The Decision enters into force as of June 30, 2009.

Decision of the Government of the Russian Federation No. 485 of June 15, 2009 on Amending the Procedure for the Issuance and Redemption of the State Housing Certificates Provided to the Citizens of the Russian Federation Who Have Lost Dwelling Premises Due to an Emergency or Natural Calamity

The area of living quarters provided under a housing certificate to a person that has lost his/her residence due to an emergency or natural calamity is increased from 36 to 42 sq. m. The previously issued certificates are going to be substituted.
New certificates shall keep effective for one year after the date of issue.

Decision of the Government of the Russian Federation No. 484 of June 15, 2009 on Amending Acts of the Government of the Russian Federation on the Regulation of Foreign Economic Activities in Respect of Specific Types of Products

According to these amendments record is to be kept of the exportation of special-purpose non-nuclear materials, equipment and technologies to the countries not having nuclear weapons, and notification about it is to be given by exporters to the State Scientific Centre of the Russian Federation "Physics and Energy Institute".
A list of strong-effect and poisonous substances not deemed precursors of the narcotic or psychotropic substances imported and exported under licences is provided. Some substances are included in the list and some removed.
The list of the documents filed by those seeking a permit for exportation (importation) of the equipment, materials and technologies that can be used to create missile or chemical weapons is updated.
Adjustments are made in the procedure for industrial explosive transit via the territory of Russia. Financial guarantees for a compensation for possible damage are to be provided when the Ministry of Industry and Trade and the Ministry of Transport of the Russian Federation take a decision on the possibility of such transit rather than at the customs-house.
One needs not a licence to transfer the equipment and materials subject to control if they fall within the framework of the Comprehensive Nuclear-Test-Ban Treaty.

Decision of the Government of the Russian Federation No. 478 of June 15, 2009 on the Uniform System of Information Support for Citizens and Organisations on Interaction with Executive Governmental Bodies and Local Self-Government Bodies by Means of the Information-Telecommunication Network Internet

A concept of a uniform system of information support for citizens and organisations on interaction with executive governmental and local self-government bodies by means of the Internet is provided, aimed at ensuring the transparency of governmental bodies' activities, enhancing the quality and accessibility of the state and municipal services they provide.
The system incorporates a consolidated register and a comprehensive portal for state and municipal services and functions as well as regional registers and portals.
For co-operation between federal and regional bodies in the operation of the system the Government of the Russian Federation appoints an operator of the consolidated register and comprehensive portal, an empowered body charged with the keeping of the information resources of the consolidated register and an empowered body charged with the use of electronic digital signatures.
Information for the comprehensive register shall be shaped up by federal, regional and local authorities and placed within seven days after the entry into force of legal acts defining (modifying) the body responsible for the provision of a service (performance of a function) and/or the procedure for the provision thereof.

Decision of the Government of the Russian Federation No. 477 of June 15, 2009 on Endorsing Paperwork Rules for Federal Executive Governmental Bodies

A uniform paperwork procedure is introduced in the federal executive governmental bodies both for paper and electronic documents. Details of letterhead paper formats and document particulars for specific types of documents are established.
The new procedure does not extend to documents containing state secrets.
Documents are delivered by post, courier service and electric communication systems.
Each body forms its own corpus of the documents resulting from its operation in accordance with the document file classification agreed upon with a commission of the relevant federal state archives. Permanent-storage and temporary-storage document files are to be put in archives, and ten-year storage document files destroyed.

Decision of the Government of the Russian Federation No. 471 of June 15, 2009 on Amending the List of Seasonal Industries and Types of Activity Used to Grant a Deferment or an Instalment Payment Scheme for Tax Payment Purposes

According to the Tax Code of the Russian Federation a person pursuing a seasonal activity can get a deferment or an instalment payment scheme for his tax payments. Apart from other activities the list now includes vegetable oil and fat production.

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