Federal law of the Russian Federation, signed 28.12.2010 № 395-FL, affecting relations originated, as of 01.01.2010, has introduced additional provisions to the articles 271,272 and 316 TC RF, according to which, in the event of receiving (transferring) an advance payment or prepaid amount, expressed in foreign currency, the amount should be recalculated in proportion to the rate set by the Central Bank of the Russian Federation valid on the date of receipt (transfer) of such advance payment or prepaid amount. The provisions are introduced in order to avoid controversy relevant to p. 11 article 250 and sp. 5 p 1 article 265 TC RF. Besides, the law entails, that commencing 01.01.2011:
For the purpose of income taxation, the period of useful life for intangible assets (IT software, databases, "know-how" etc.) should be no less than two years (p. 2 article 258 TC RF);
According to the law of the Russian Federation, other costs related to income tax include expenses incurred by the employer with regards to temporary incapacity for work in the course of the first three days (sp. 48.1. p 1 article. 264 TC RF) , paid in compliance with the Federal law RF signed 29.12.2006 № 255-FL "On compulsory social insurance … ";
The income tax rate (article 284 TC RF) is set to 0 percent and used for the taxable base determined by the income from sale transactions or another type of stock omissions (incl. clearance) related to Russian entities (shares of participation in the authorized capital of Russian entities), on condition that at the date of sale or another omission (incl. clearance) of such stocks (shares of participation in the authorized capital of companies) they permanently belong to the taxpayer on the basis of ownership rights or any other property rights that last longer than fiver years (new article 284.2 TC RF, also applicable to transactions carried out in 2010);
Companies are regarded as PIT tax agents (p. 2 article 226 TC RF) based on loan agreements, offered (received) in the form of securities; whereas the agreements must entail interest payments carried out in monetary form (article 214.4 TC RF).
According to the Federal law of the Russian Federation signed 13.12.2010 № 357-FL "On the federal budget for 2011 and the plan for 2012 – 2013" and Federal law of the Russian Federation as of 19.05.1995 № 81-FL "On government benefits paid to citizens that have children", the rated benefits include:
Single benefit paid to women, registered with medical institutions in the course of early pregnancy, — 438,87 rubles (412,08 rubles x 1,065);
Single benefit paid following a childbirth — 11703,13 rubles (10988,85 rubles x 1,065);
Minimum amounts stipulated for monthly childcare benefits with regards to children under one and a half year old: first child — 2194,34 rubles (2060,41 x 1,065), second and the following - 4388,67 rubles (4120,82 rubles x 1,065). Please notice, current rates are not applicable to maximum amounts stipulated for childcare benefits. The benefit is not subject to rating, also, if it is calculated on the basis of salary of the insured person (it amounts to 40% off average earnings).
Federal law of the Russian Federation signed 28.12.2010 № 432-FL, enforced as of 01.01.2011, has introduced changes to article 58 of the Federal law, signed 24.07.2009 № 212-FL "On insurance contributions …", pursuant to which, organizations and ST, that apply STS in 2011, whereas (70% and more of) main business activity is construction, food production, production of machinery and equipment, chemical production, production of electronic equipment, ready metal products, other types of commercial activity (altogether 36 items, complete list may be provided upon request), there is a low tariff stipulated for insurance payments to the Pension fund of he Russian Federation to the amount of 18% (for individuals born in 1967 and younger, whereas 12 percent relates to the insured part and 6% - to the accumulated part) instead of 26% (contributions to SIF, FFCHI, and TFCHI have not been reduced). If at the end of any fiscal or settlement period, profits accrued by the cashier method , will come to less than 70%, it is essential to recalculate contributions to PF RF and pay the amounts of penalty accordingly.
Federal law of the Russian Federation signed 28.12.2010 № 395-FL, enforced as of 01.01.2011 for entities and ST, applying STS, allows to record introductory, membership and target contributions, payable to self-regulated organizations (article 346.16 TC RF).
Federal law of the Russian Federation signed 29.12.2010 № 438-FL, enforced as of 31.12.2010, has abandoned paragraph one p. 5, sp. 7 and 10 article 18 Federal law as of 25.07.2002 № 115-FL "On legitimate presence of foreign citizens in the Russian Federation", pursuant to the law, until 31.12.2010, foreign citizens residing in the Russian Federation on a temporary basis had to obtain a work permit from the migration service on the basis that an employer or a buyer of goods (services) makes a transfer of funds to a special account in order to cover the departure of a foreign worker from the Russian Federation via respective transportation, the amount was returned to the employee or the buyer of goods (services) following his departure due to expiry of the agreement.
Federal law of the Russian Federation signed 28.12.2010 № 409-FL, affecting relations, originated as of 01.01.2007, has introduced additional provisions concerning the article 251 TC RF, pursuant to which, in the course of determining taxable income base one should not include profits gained in the form of property, property rights or non-property rights amounting to their monetary equivalent, transferred to a company or a partnership order to increase net asses of the company or the partnership simultaneously decreasing or canceling the liability of the company or the association to respective stockholders or participants (incl. those holding more than 50%), if such increase in the net assets takes place according to provisions stipulated by the legislation or statutes specified in the articles of association (example, transferring stocks or share to a company as a gift), or took place as an act of will expressed by the stock holder or the participant of association (example, refusal to accept dividends in the course of 3 years), and for the cases of recovery, as a part of profit carried forward, of dividends not called by stockholders of the company or participants of association or a part of allocated profit of the society or the association (no receipt of accrued dividend extending to the period of more than three years).
Federal law of the Russian Federation signed 28.12.2010 № 409-FL, enforced since 31.12.2010., has introduced changes to p. 5 article 42 of the Federal law of the Russian Federation as of 26.12.1995 № 208-FL "On stock companies and p. 4 article 28 of the Federal law of the Russian Federation as of 08.02.1998 № 14-FL "On limited liability companies" as part of regulation with regards to payment of dividends. According to these changes, terms and order of dividend payments is determined by the statute or decision of a general meeting. Dividend payment terms should not exceed 60 days following the decision on payment of them. In the event of no dividend payment term determined by the statute or decision of a general meeting, it is set to 60 days following decision on their payment. If during the course of the dividend payment terms, specified above, the dividends have not been paid to the person, included in the list of individuals having the right to receive dividend, at the end of the terms and in the course of three years the individual has a right to request the payment of declared dividends. Following expiry of the three year term (unless the Statute makes provision for a longer term, not exceeding 5 years) dividends declared and not called by a stockholder should be recovered under company profit carried forward. The law, mentioned above, determines that above regulations on payment of dividends are applicable to request with expiry date not later than 31.12.2010 (dividends for 2008-2010). In the event of any complications rising with regards to determining terms for making a dividend payment request (example, a stockholder or participant does not have the respective decision on payment of dividends), the mentioned above provisions are applicable to requests, issued no later than 31.12.2013.
Federal law of the Russian Federation signed 28.12.2010 № 400-FL, enforced in the course of completing an audit of financial (accounting) statements for 2010, stipulates, that compulsory audit is applicable to organizations, also if the volume of product (work, service) sales exceeds 400 million rubles or the amount of balance sheet assets exceeds 60 million rubles. Thus, if specified ratios of a company are less then mention above, the company does not have to provide tax authorities with an auditor's conclusion for 2010. We have to remind you, that initiative audit (decision of proprietors, the executive body) reduces taxable income pursuant to sp. 1 p. article 264 TC RF.
FTS Order of the Russian Federation signed 17.11.2010 № MMB-7-3/611@ (Ministry of Justice № 19368) has confirmed a new form of the individual income note 2-PIT and instructions on how to fill it in. The document has been enforced as of 11.01.2011.
FTS Order of the Russian Federation signed 25.11.2010 № MMB-7-3/654 @ (Ministry № 19383) has confirmed a new form of tax declaration with regards to personal income tax 3-PIT and its fill in order. The document came into forces as of 11.01.2011. Meanwhile, the order of the Ministry of Finance of the Russian Federation, as of 29.12.2009 № 145n (Order of the Ministry of Finance RF signed 14.12.2010 № 170n) has been abandoned.
Order of the Ministry of Economic Development in Russia signed 16.12.2010 № 650 (Ministry of Justice № 19469), brought to execution through article 8 Federal law, as of 21.07.1997 № 122-FL "On state registration of property rights and transactions associated with it", enforced as of 01.01.2011, has confirmed the order on payment requests and returns with regards to provision of information enclosed in the unified state register of real-estate rights and respective transactions, issuing of contract (agreement) copies and other documents, as well as payment amounts (separately for legal entities and individuals in form of hardcopy or an electronic document) applicable to provision of USRE information. In view of enforcement of the document, Resolution of the Government of the Russian Federation as of 30.12.2010, № 773, has abandoned respective Resolution of the Government RF signed 14.12.2004 № 773.
Letter of the Ministry of Finance of Russia signed 29.11.2010 № 03-03-06/1/742 referring to sp. 12 p. 1 article 264 TC RF brings to notice, that the costs associated with vehicle rent for employees on a business trip, may be included into income tax costs. It is possible to confirm such costs, for instance, through a rent agreement, act on vehicle transfer, bills, receipts, parking lot documents. Besides, the specified amounts are not liable to PIT on the basis of article 168 TC RF.
Letter of the Ministry of Finance of the Russian Federation signed 17.12.2010 г. № 03-04-06/6-311 with a reference to p. 3 article 213 TC RF informs, that the amount of insurance contribution based on the agreement of voluntary personal insurance from accidents of passengers using transport , paid towards an individual out of employer's funds whilst requesting the person to go on a business trip, is not liable to PIT (incl. reimbursement of these amounts, paid directly by the employer).
Letter of the Ministry of Finance of Russia signed 08.12.2010 г. № 03-04-05/3-715 with a reference to p. 1 article 226 TC RF notes, that whilst making rent payments to an individual, not being an entrepreneur (self-employed), the company is regarded as a tax agent.
Letter of the Ministry of Finance of Russia as of 10.12.2010 г. № 03-03-06/4/122 with a reference to p. 4 272 TC RF informs, that if wages at the end of a working year were accrued in the beginning of the following year, they should be included at the moment of their accrual for the purpose of income taxation. I.e., premiums for 2010, accrued in Jan. 2011, should be entered into accounts in January 2011. The same order applies to wages paid at the end of each month, i.e. in the month following the month at the end of which the premium was accrued.
Resolution of SAC Presidium of the Russian Federation signed 29.06.2010 № 1411/10 makes a notice, that the current legislation (Order on cash transactions in Russian, approved through Resolution of Board of directors of the Bank of Russia as of 22.09.1993 г. № 40, and Resolution signed 05.01.1998 № 14-P, approved by the Board of directors of the Bank of Russia as of 19.12.1997) does not entail any responsibility for self-employed entrepreneurs to utilize cash through the cash register and follow the order on the available monetary funds, therefore there is no legal basis in order to bring such individuals to administrative justice pursuant to article 15.1 AVCRF. The absence of direct instructions given to an individual to carry out particular duties excludes any requirements for the individual to fulfill them, therefore, such individuals may not be brought to justice for incompliance with the requirements.
Resolution of Supreme Court of the Russian Federation signed 10.12.2010 № 80-AD10-3 notes, that penalizing the head manager of an organization pursuant to p. 4 article 14.25 AVCRF (submission of documents containing deliberately specified false information to the body issuing state registration of legal entities and self-employed entrepreneurs) is only possible in the course of one year following the fact of administrative offence. Terms of imposing administrative justice, stipulated by p. 3 article 4.5 AVCRF, with regards to the current case on administrative violation are calculated from the moment of submitting false data on the company's location to the respective registration department. Expiry of the term in terms of imposing administrative justice in compliance with requirements specified in point 1 part 1 article 24.5 AVCRF is a compulsory condition, excluding any action in terms of the case on administrative violation.
