Windfall tax for major companies to be introduced in Russia

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Monitoring of the Federal Legislation dated 25.06.2012

Order of the Federal Tax Service No. MMV-7-3/346@ of May 22, 2012 on Amending Order of the Federal Tax Service No. MMV-7-3/656@ of October 24, 2011

Amendments to the Tax Code of the Russian Federation, effective July 1, 2012, affect the procedure for excise tax payment when transactions involve excisable goods and also the details of exemption from taxation when the goods are sold to foreign countries.
Thus, producers of alcohol products are exempt from the duty to pay excise tax in advance if a banker's guarantee is filed with the tax body together with the relevant notice. If taxpayers have paid excise tax on products sold in Russia in the amount shown in that banker's guarantee the tax body notifies the bank of relief from liabilities under the guarantee, this being done not later than on the day following the completion of verification of the tax return concerning excise taxes. The taxpayers which export their products and have to pay excise tax in advance are entitled to submit one banker's guarantee to the tax body for relief from the duty to pay the excise tax accrued on the exported products and also the excise tax advance payment.
Unless the taxpayer is in arrears on excise taxes, penalties or fines, the tax body sends a notice of relief from the liabilities under the guarantee to the bank.
Effective as of July 1, 2012

Order of the Ministry of Public Health and Social Development of the Russian Federation No. 435n of May 2, 2012 on Endorsing the Procedure for the Pension Fund of the Russian Federation to Provide a Non-State Pension Fund with the Information Required for Non-State Pension Funds to Administer the Accumulated Portion of a Labour Pension and Also Other Disbursements Effected with Accumulated Pension Funds

When a non-state pension fund is in need of information for the purposes of administering the accumulated portion of a labour pension and other disbursements effected with accumulated pension funds the Pension Fund of the Russian Federation shall provide such information. A procedure is defined for sending such information.

Order of the Ministry of Finance of the Russian Federation No. 53n of April 26, 2012 on Endorsing the Forms of, and Due Dates for Filing, Reports on Lotteries

The forms of reports are confirmed in respect of three types of lotteries, i.e. all-Russia state (regional), non-state and promotion ones. Reports shall be filed for national level to the Federal Tax Service and for the regional level to the empowered executive governmental body of the relevant subject of the Russian Federation. Organisers (operators) are responsible for this.
Also, the form of a report on the regional non-state and promotion lotteries registered on the territory of a subject of Russia as well as municipal lotteries is provided.
Two acts of the Ministry of Finance are deemed no longer effective: the one endorsing the Rules for Monitoring State Lotteries and Non-State Lotteries Conducted on Behalf of a Municipality and Also the Forms of, and the Term for Filing, Reports on Them, and the one establishing the forms and term for filing reports on lotteries and the methodology for conducting lotteries.
Effective from July 1, 2012.

Order of the Federal Service on Alcohol Market Regulation No. 131 of May 30, 2012 on Establishing and Introducing, Effective July 1, 2012, the Prices below Which the Purchase (Except for Import), Delivery (Except for Export) and Retail Sale of Alcohol Products over 28 Per Cent Proof Is Inadmissible

Minimum admissible prices for alcohol products are raised, effective from July 1, 2012. For instance vodka supplied by a producer will not be sold below 101 roubles per a half-litre bottle (77.7 roubles before). If sold by someone else, it will not be below 112 roubles, and in retail it will be 128 roubles and higher.
The new prices do not extend to alcohol products export and import.

Direction of the Bank of Russia No. 2829-U of June 7, 2012 on the Procedure for an Money Remittance Operator to Notify the Bank of Russia of the Commencement of Participation in a Payment System for the Purposes of Transborder Money Remittance

Money remittance operators (except for the Central Bank of the Russian Federation) may take part in payment systems for the purposes of transborder money remittance, provided the Bank of Russia is notified accordingly. A procedure for doing so is defined and a pertinent document form is provided.
At least ten days after the beginning of participation in a payment system a lending organisation is to send a notice in writing to the territorial institution of the Central Bank of the Russian Federation responsible for supervision over the operation of its head office. Within the same term Vneshekonombank is to notify the Moscow Head Territorial Directorate of the Central Bank of the Russian Federation.
The direction enters into force ten days after its official publication. If as of the direction's effective date an operator has been already taking part in a payment system for transborder money remittance he is to send a notice within ten calendar days after that date.

Direction of the Bank of Russia No. 2830-U of June 9, 2012 on Requirements Applicable to the Lending Institutions and Foreign Banks in Which the Central Depositary Is Entitled to Place Funds

In which lending institutions and foreign banks is the central depositary entitled to place funds in correspondent accounts and deposits? The requirements to be met by such institutions and banks are established. For instance, a lending institution formed under Russian law is to have a long-term international credit rating at "BBB-" or higher (Fitch Ratings or Standard&Poor's) or "3" (Moody's Investors Service).
Also a foreign bank incorporated in the countries having country risk category 0 or 1 is to have a similar international rating.
Same country risk categories are required from the states of incorporation of the foreign banks acting as international centralised systems intended to keep record of the rights to securities and/or to settle accounts in respect thereof or central depositaries according to the law of the country where they are based. It also concerns the banks settling accounts for securities according to the results of trading on foreign stock exchanges or other regulated markets or effecting clearing according to the results of such trading.
Country risk categories are shown in accordance with the classification of the export credit agencies being party to the OECD's Arrangement on Guidelines for Officially Supported Export Credits.
Apart from that funds may be placed in a foreign bank which is incorporated in a member state of the Commonwealth of Independent States and acts as a central depositary according to the law of the country where it is located.
The direction enters into force upon the expiry of ten days after its official publication in Vestnik Banka Rossii.

Direction of the Bank of Russia No. 2832-U of June 9, 2012 on the Details of Rules of the Payment Systems Within which Money Remittances Take Place for Transactions Concluded in Organised Trading

By January 1, 2013 the rules of payment systems are to be brought in line with newly adopted provisions in as much as its concerns money remittance for transactions concluded in organised trading.
Such rules should envisage the methods of interaction of a payment system operator with a clearing organisation, save cases when the clearing organisation is party to the payment system or when such methods are established by a contract concluded by the clearing organisation with the payment system operator. The rules will also define how a payment clearing centre (settlement centre) is to cooperate with a clearing organisation.

Decision of the Government of the Russian Federation No. 607 of June 19, 2012 on the Ministry of Sport of the Russian Federation

The Ministry of Sports, Tourism and Youth Policy of the Russian Federation has been transformed into
Ministry of Sport of the Russian Federation. Its functions in the area of youth policy are assigned to the Ministry of Education and Science of the Russian Federation and those in the area of tourism to the Ministry of Culture of Russia.

Decision of the Government of the Russian Federation No. 615 of June 19, 2012 on Endorsing the Rules for Keeping a State Register of Medical Articles and of the Producers and Manufacturers Thereof

Rules are provided for keeping a state register of medical articles and of the producers and manufacturers thereof. The register is a federal information system run by the Federal Service for Supervision over Public Health.
The decision enters into force as of July 1, 2012.
Information on the articles registered in Russia before that date are subject to inclusion in the register.

Decision of the Government of the Russian Federation No. 614 of June 19, 2012 on Amending Decision of the Government of the Russian Federation No. 323 of June 30, 2004

The Federal Service for Supervision over Public Health and Social Development has become the Federal Service for Supervision over Public Health. The powers thereof have been modified, for instance it is no longer responsible for monitoring the observance of state standards of provision of social services, the procedure for establishing the degree of loss of occupational working ability due to on-the-job accidents and occupational diseases. And it does not monitor the operation of guardianship bodies.
It is in line with the splitting of the Ministry of Public Health and Social Development of the Russian Federation into two separate ministries, the one for public health and the other for labour and social protection.

Decision of the Government of the Russian Federation No. 613 of June 19, 2012 on Setting the Level of Living Wage on Per Capita Basis for the Main Social-Demographic Groups and as a Whole for the Population for the Russian Federation for Quarter I of 2012

Per capita living wage for Quarter I of 2012 is equal to 6,307 roubles for Russia as a whole, 6,827 roubles for able-bodied population, 4,963 roubles for pensioners and 6,070 for children. In the preceding Quarter it was 6,209, 6,710, 4,902, and 5,993 roubles respectively.

Decision of the Government of the Russian Federation No. 609 of June 19, 2012 on Amending Decision of the Government of the Russian Federation No. 206 of April 11, 2005

The functions of the Federal Medical and Biological Agency are modified in line with the reform of federal executive governmental bodies structure. The agency is under the jurisdiction of the newly formed Ministry of Public Health of the Russian Federation.

Decision of the Government of the Russian Federation No. 601 of June 19, 2012 on Amending Decision of the Government of the Russian Federation No. 420 of June 2, 2008

The status of the Federal State Statistics Service is amended due to the reform of federal executive governmental bodies structure. Now the service is directed by the Government of the Russian Federation (previously it was under the Ministry of Economic Deployment of the Russian Federation), and its powers have expanded, for instance it submits draft normative acts to the government concerning the all-Russia census and other federal statistical observation techniques etc.

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