The effect of the Statute embraces non-for-the-profit organizations that own targeted capital and which were founded in the organizational and legal form of foundation, autonomous non-for-the-profit organization, public organization, public foundation, or religious organization.
“ON INTRODUCING AMENDMENTS TO SOME LEGAL ACTS OF THE RUSSIAN FEDERATION DUE TO ADOPTION OF THE FEDERAL STATUTE “ON PROCEDURES OF FORMATION AND USE OF THE TARGETED CAPITAL OF NON-FOR-THE-PROFIT ORGANIZATIONS” The Statute becomes effective as of the day of its official publication, except for Article 4, which will become effective otherwise.
Because of the adoption of the aforementioned Statute “On procedures of formation and use of the targeted capital of non-for-the-profit organizations”, amendments were introduced to the Tax and Civil Codes of RF, the federal statutes “On non-for-the-profit organizations” and “On charity activities and charity organizations”.
Specifically, Art. 146 Chapter 21 “The value-added tax” of the Tax Code of RF was complemented by a provision, according to which the transfer of cash funds to non-for-the-profit organizations to form their targeted capital, which is exercised as per the procedures set by the federal Statute “On procedures of formation and use of the targeted capital of non-for-the-profit organizations”, is deemed exempted from VAT. The amendments introduced to Art. 251 Chapter 25 “The corporate profit tax” of the Tax Code of RF implies that while computing the tax base of the corporate profit tax, the following targeted contributions to non-forthe-profit organizations shall not be considered:
• funds such non-for-the-profit organizations receive for the purpose of formation of their targeted capital;
• funds received by non-for-the-profit organizations that own targeted capital from management companies that exercise trustee’s functions with respect to assets that form the targeted capital;
• funds the non-for-the-profit organizations receive from specialized organizations that deal with the targeted capital management.
The amendments introduced to Art. 582 Section Two of the Civil Code of RF specify the concept of “endowment” and are aimed at the possibility to receive that by other non-for-the-profit organizations, in addition to those mentioned earlier in the Article.
The amendments introduced to the federal Statutes “On non-for-the-profit organizations” and “On charity activities and charity organizations” specify legal provisions with respect to the non-for-the-profit organizations’ rights to form and use targeted capital.
“ON INTRODUCING AMENDMENTS TO FEDERAL STATUTE “ON SECURITIES MARKET” of December 30, 2006, # 282-FZ The amendments introduce a new kind of emissive paper, that is, the Russian Depository Receipt, which is understood as a registered security that does not have face-value and certifies the property right for a certain number of a foreign issuer’s shares or debentures and fixes its owner’s right to request from an issuer of the Russian Depository Receipts, in exchange for the RDR, an appropriate number of securities and provision of services associated with the exercise of the rights fixed by the presented securities. In the event the issuer of the presented securities assumes obligations before owners of RDRs, this particular security also certifies its owner’s right to demand for a duly honoring of the obligations.
The Statute also sets particularities of issuance and circulation of the Russian Depository Receipts.
I.Tolmacheva Review of Legal Documents on Taxation Issues over The Period Between December 2006 And January 1.With its Order of November 14, 2006, # 146n, the RF Ministry of Finance approved new forms of tax return on excises on excised goods, except for tobacco ones.
2.With its Resolution of December 28, 2006, # 64, the Plenum of the Supreme Court of RF clarifies matters on the practice of application by courts of law of the criminal law on responsibility for evasion from paying taxes and levies, a tax agent’s failure to honor obligations on their computation, deduction or transfer to a respective budget (extrabudgetary fund), as well as for a taxpayer’s concealment of cash funds or property required for recovering arrears (Art. 198, 1999, 199.1, 199.2 of the Criminal Code of RF).
The Resolution defines the concept of public danger of evasion from paying taxes and levies as the absence of receipt of monies due to the budgetary system of the Russian Federation because of a deliberate failure to comply with everyone’s constitutional obligation to pay legally set taxes and levies. Evasion from paying taxes and/or levies, which implies criminal liability, as per Art. 198 and 199 of the Criminal Code of RF, is understood as deliberate activities aimed at non-payment, in a large or especially large amount, of the respective taxes and levies that entailed the absence of their receipt by the budgetary system of the Russian Federation.
The moment of the end of a crime should be considered as a failure to meet a deadline set by the tax law with regard to an actual non-payment of taxes (levies).
The Resolution enumerates documents that prove tax abuses. In addition to the tax return, those are any documents provided for by the Tax Code of RF or adopted in compliance with it by federal statutes that form a basis for computation and payment of taxes and/or levies, such as, in particular: excerpts from the sales book, the one for accounting of revenues and expenses of economic operations, a copy of the book of received and produced invoices (Art. 145 of the Tax Code), settlements on forward payments and settlement rolls (Art. 243 and 398 of the Tax Code), certificates proving amounts of taxes paid (Art. 244 of the Tax Code), annual reports (Art. 307 of the Tax Code), and documents proving the right for tax exemptions. The Resolution also clarifies that criminal liability for tax abuses is applicable to individuals aged over 16.
In the event a person that actually exercises his entrepreneurial activities through a dummy (for example, an unemployed individual who has been formally registered as an individual entrepreneur) has evaded payment of taxes (levies), he and his operations should be qualified, according to Art. 198 of the Criminal Code of RF, as an executor of a given crime, while activities of another person, according to part four of Art. 34 of the Criminal Code of RF, will be recognized his accomplice, providing he participates in the evasion from taxes (levies) and his intent has embraces the given commitment.
A large of especially large amount of non-paid taxes and (or) levies is computed over the period of three straight financial years.
3. Federal Statute of December 29, 2006, # 244-FZ “On the state regulation of activities on organization and carrying out gambling games and introducing amendments to some legal acts” also provides for modifications in the Tax Code of RF.
Specifically, this concerns a government fee for granting licenses on carrying out operations on organizing and carrying out gambling games with bookmakers and totalizators (consideration of the respective application – RUR 300; issuance of the license – RUR 3,000; re-issuance of the license – RUR 1,000). Some edit modifications were also introduced to the Tax Code of RF – some provisions that failed to match the new procedures of organization and carrying out gambling were excluded from the Code.
4. With its Order of December 20, 2006, # CAE-3-19/879, the Federal Tax Service introduced amendments to its Order of October 18, 2004, # CAE-3-19/2 “On approving procedures of division of powers of the authorized agency on representation of interests of the Russian Federation as a creditor in cases of bankruptcy and bankruptcy procedures between the central staff of the FTS of Russia and territorial bodies of the FTS of Russia”.
The jurisdiction of the FTS of Russia now covers decision making on representation of interests in the case of bankruptcy of strategic and defense enterprises and organizations according to the list approved by rulings of the RF Government, with respect to organizations that failed to pay compulsory payments and accumulated monetary obligations before RF that total no less than RUR 100 mn., as well as joint-stock companies with the share of the RF’s participation in them of 25% -plus.
As long as such non-payers are concerned, the stand of an authorized body at creditors’ meetings (meetings of creditor committees), trials at the court of law is prepared by an inspection of the FTS of RF and submitted for a compulsory approval by the FTS of Russia via the respective branch of FTS of Russia, which deals with a given Subject of RF, not later than in five days prior to the date the creditor meetings (meetings of creditors’ committees) or holding a trial at the court of law are held.
5. Federal Statute of December 30, 2006, # 268-FZ introduced amendments to the Tax Code of RF. More specifically, the Statute obliges notaries who operate privately and lawyers who have established their private office to advise in writing, within 7 days, to the domicile tax office of opening (closing) bank accounts designated for exercising their professional operations.
The Statute abolished the taxpayers’ obligation to submit to tax offices tax returns (calculations) on the taxes by which they were exempted, due to application of special tax regimes.
The Statute also simplifies procedures of submission by a taxpayer of information of the absence over the reported period of transactions and objects of taxation with regard to operations by which he was registered as a taxpayer. On taxes by which there arose no objects of taxation and were no circulation of cash to bank accounts (in the organization’s cashier’s office) from now on the taxpayer files a single (simplified) tax return, the form and procedures of completion of which are subject to approval by the RF Ministry of Finance.
Such a simplified tax return is submitted to the domicile tax office no later than on the 20th day of the month following the reported quarter, half-year, 9 months, or calendar year.
The new version of the Tax Code of RF provides for a stronger protection of the taxpayer’s interests. It is provided, in particular, that a tax office now enjoys no right to decline the receipt of a tax return (computation) submitted by a taxpayer (payer of levies, tax agent) according to a standard form (format) – it is bound, on the taxpayer’s (payer of levy, tax agent’s) request, to put down on a copy of the tax return (settlement) a mark of its receipt and the date of the receipt, or to give back to the taxpayer (payer of the levy, tax agent) a ticket that proves its receipt in the electronic form (providing the tax return (settlement) has been received through telecommunication channels).
The new version of the Tax Code also specifies the concept of expenses on acquisition of the right for a land lot due to deduction for the purpose of levying the profit tax. From now on expenses on the acquisition of the right on a land lot comprise not only those on its lease itself, but those on acquisition of the right for conclusion of a respective leasing agreement (provided the agreement has been actually concluded), i.e. additional expenses associated with legal matters.
The Tax Code of RF has regulated a whole series of technical problems that would be generated earlier by application of the Chapter “Personal income tax”. More specifically, the document contains a detailed description of the procedure of acceptance of the property tax deduction: it is accounted by sources of payment of income (of a broker, trustee, managing company that controls trusted assets that form a given mutual fund, or any other person that conduct operations according to a trust agreement or any other contract for the benefit of the taxpayer); or such a deduction is granted to the taxpayer upon the end of a tax period against submission of his tax return to the tax office.
7. FTS’s Letter of January 17, 2007, #sht-6-21/10 “On computing the mineral tax rate for December 2006” The Letter contains information of the data used to compute the mineral tax rate with regard to oil over December 2006:
• the average price level for Urals on the oil markets: USD 58.35/barrel;
• the average USD/RUR exchange rate through all the days of the tax period in question: 26.2865;
• the coefficient value: 4.9703;
• the tax rate with account of the coefficient: 2.082,5557/t.