Е. Bolshakova Review of the Normative Acts on Taxation Issues for October-November 1. The letter of the Ministry of Taxation of the RF N 22-2-14/1787, of November 12, 2004, on procedure of using the taxation system in the form of single presumptive tax for individual types of activity. It is clarified that the procedure of registration of payers of single presumptive tax, which dwelling location and place of business is not the same territory (types of activity are listed in point 2 of Article 346.26 of the Tax Committee of the RF), is exercised in the general order, established by Order N BG3-09/722 of the Ministry of Taxation of Russia, of 19.12.2002. Taxpayers no later than five days of the start of their activity are bound to register in every tax department on-the-spot of actualization of their activity. Herewith, it is to be remembered that registration of single tax payers on the territory subjected to tax body where they have already been registered, with respect to any other foundation, established by the Tax Committee of the RF, repeatedly is not applicable.
2. By letter N 22-1-14/1786 of the Federal Tax Service, of November 2004, the procedure of taxation on individual types of income in the simplified system is specified. In particular, in defining an object of taxation, taxpayers, who use simplified taxation system, account revenues as positive exchange rate difference. Here, revenues in the form of negative exchange rate difference are not included in the list of expenditures.
3. By letter N 22-0-10/1760 of the Ministry of Taxation of the RF, of November 10, 2004, it is clarified that since 01.01.2005 the taxation system in the form of single presumptive tax may be used by decision of the Russian Federation’s subject in respect of entrepreneurial activity on distribution and (or) placement of outdoor advertising. This procedure concerns only fixed position displays. The letter specializes the list of types of fixed position displays.
4. By Order N 298, of November 9, 2004, of the Ministry of Economic Development and Trade of the RF, a deflator rate К3, equal to 1,104, was set for 2005, that is required for computation of the presumptive tax base according to Section 26.3 "Taxation System in the Form of Single Presumptive Tax for Individual Types of Activity" of the Tax Code of the Russian Federation.
5. The Ministry of Taxation of the RF issued an Order N VG-3-02/569 of 27.10.2003, by which it is established that, in case a transaction is performed through trade institutor the transaction settlement date is the date of the tender, where a security transaction was closed. In case the security is converted out of the organized securities market, the transaction settlement date will be the contract signed date.
Position of the Ministry of Taxation of the RF was supported by Decision N 8971/04 of ВАС РФ, of November 9, 2004.
6. By letter N 01-2-03/874, of November 3, 2004, it is specified that relations concerning exemption of single social tax of the salary paid to individuals from membership dues, are regulated by article 238 of the Tax Code of the Russian Federation. According to item 1(8), exempted of single social tax are the sums paid from the membership dues of horticultural, fruit-and-vegetable, garage construction and housing cooperatives (partnerships) to individuals that perform activities (services) for the above organizations. This norm becomes inoperative since January 1, 2005.
7. By letter N 33-0-09/691 of the Federal Tax Service, of November 2, 2004, it is clarified the following.
In Decree N 3009/04, of 03.08.2004, the Presidium of the Superior Arbitration Court of the Russian Federation stated that using cash means by loan agreement without levying percent by lender is not considered service rendering behavior. If organization or individual entrepreneur act as recipient of cash means, resulted from performing activities other than sale of goods, operations or rendering service, they shall not use cash registers. That is why in the event the recipient returns advance funds, the borrowers’ return of the amount of an interest-free loan, or in the event the recipient receives a charity grant, providing its receipt is not associated with the rise of the recipient’s obligation to implement works for the donor or to render him any services, KKK provisions need not to be employed.
8. By letter N 10-1-05/5227 of the Federal Tax Service, of November 1, 2004, account details have been reported for accrual of taxes and dues in foreign exchange equivalent.
9. By letter N 04-2-06/572 of the Federal Tax Service, of October 29, 2004, an issue is clarified of taxation on monthly additional payment to the state pensions.
In accordance with item 1 of article 217 of the Tax Code of the Russian Federation exempted from taxation are public welfare payments, excluding temporary disability benefits (including benefit for care for a sick child), and also other payments and compensations paid according to existing legislation. Additional payments, established by decrees of the Russian Federation’s subjects or local government representative bodies, including in the form of monthly additional payment to pension of individuals, that filled municipal service positions in local government, do not come under item 1 of article 217 of the Code and are subject to taxation in accordance with the usual procedure.
10. By Order N 8646/04 of the Supreme Arbitration Court of RF, of October 28, 2004, justification is confirmed of expenditures indicated in the declaration on value-added tax, imposed on the tax rate percent. The court emphasized that by virtue of item 1(1) of article 164 of the Code in the sale of goods, brought out in customs export regime, taxation is carried out on the tax rate 0 percent, provided that relevant documents have been presented. In accordance with article 165 of the Code, to confirm justification of use of the tax rate 0 percent, the documents are submitted by taxpayer not later than 180 days of the date of formalizing by regional customs authorities the cargo customs declaration for exportation of goods in customs or transit regime.
Having received the amount of advanced payments in consideration for coming delivery of goods for export, the taxpayer must reflect it in the tax base relating to taxable period, during which payments were actually received, and reflect them in tax declarations.
11. By letter N 04-3-01/665 of the Ministry of Taxation of the RF, of October 27, 2004, taxation issues are clarified in buying by individual entrepreneur a transport vehicle.
1. Individual entrepreneur will be entitled to consider his car as "depreciable capital asset", and account his car’s maintenance costs as part of professional tax deductions, only if both types of activity:
trading and procurement, and cargo transportation - will be reflected in the entrepreneur’s certificate of legal registration.
2. Initial cost of the purchased depreciable capital assets is defined by individual entrepreneurs – payers of the value-added tax (hereinafter referred to as - VAT) proceeding from their acquisition prices indicated in payment documents, without account of VAT.
If taxpayers have no invoices or they are not properly formalized (according to set standards), individual entrepreneurs have no right to include the amount of paid (to suppliers of capital assets) VAT in the original cost of these assets, also, they forfeit the right to reimbursement of such sums in calculations with the budget on VAT.
12. By letter N 21-3-05/461 of the Federal Tax Service, of October 26, 2004, the procedure is clarified of filling in declarations on corporate property tax for some sort of immovable property. Pieces of land and other nature management objects (water bodies and other natural resources), being on organization’s balance, are not objects of taxation, according to item 4(1) of article 374 of the Code. The Tax declaration for corporate property tax (income tax return on advance payment) is filled in only for the property that is an object of taxation.
13. By letter N 21-3-05/468 of the Federal Tax Service, of October 26, 2004, it is clarified that fully exempted from the land tax are pieces of land that are granted for performing activities to bodies of government power and administration.
The Veterinary Department of the Ministry of Agriculture of Russia, Veterinary Boards (divisions) as part of the executive bodies of the Russian Federation’s subjects, Veterinary Boards (divisions) as part of regions and cities relate to managerial bodies, and thus, cannot be payers of the land tax.
Organizations, to which code 22200 - veterinary attendance - was assigned before January 1, 2003, according to All-Union Nomenclature of Sectors of the National Economy, pay the land tax for plots of land occupied by those organizations, including animals’ disease control stations and veterinary laboratories, - as usual.
14. By letter N 33-0-13/683 of the Federal Tax Service, of October 26, 2004, the specifics of use of tax legislation is specified relating to lawyers and lawyer's offices. Here position of the constitutional court of the RF is given, which stated in its definition N 116-О, of 06.06.2002, that "provided in the Tax Code of the RF characteristic of individual entrepreneurs has a specific terminological value, while definitive norms, contained in item 2 of article 11, are intended for use exclusively for purposes of taxation. The fourth paragraph of item 2 of article 11 of the Tax Code of the RF has no selfinclusive regulatory value, such as direct-action norm ". So, though attorneys at law, who established advocatory studies, are taken by the Tax Code of the RF (fourth paragraph of item 2 of article 11) to category of individual entrepreneurs, this provision is used only for the purposes of the Tax Code of the RF. The Federal Law on the use of cash registers has nothing to do with the RF Legislation on Taxes and Dues, as it is regulated based on public, and not tax relations, public relations are concerned with performing entrepreneurial activity.
Thus, lawyer's offices and attorney’s firms (including advocatory studies) in performing activities provided for by the legislation of Russian Federation, do not fall under the Federal Law on the use of cash registers, and must not use them in performing such activities.
17. By letter N 21-3-05/454 of the Federal Tax Service, of October 21, 2004, the procedure of exemption of corporate property tax is clarified according to item 8 of article 381 of the RF Tax Code (hereinafter referred to as - Code) with regard to mobilization equipment and facilities.
18. By letter N 21-3-05/453 of the Federal Tax Service, of October 21, 2004 the procedure of exemption of land tax is specified for the common-use lands of the population centers.
According to item 12 of article 85 of the Land Code of the RF, the common-use lands of the population centers are defined as: unlivable to privatization pieces of land occupied by squares, streets, passages, highways, quays, squares, avenues, drainless water bodies, beaches etc.
Forest farms of federal agency of forest management are subjected to territorial bodies of federal agency of forest management. Therefore, forest farms - specifically authorized government agencies in charge of environmental protection - are exempted of land tax.
In accordance with the RF Law "On Land Fee" exemption of the land tax is unstipulated for specially protected natural areas, defined, for example, as: greenbelts, municipal forests, city parks, landfills for disposal of unutilized factory waste, domestic refuse landfills and waste processing enterprises (until January 1, 2003, according to All-Union Nomenclature of Sectors of the National Economy, waste processing stations and plants were regarded as municipal housing economy (code - 90000)).
Exemption of land tax, set by item 9 of article 12 of the RF Law "On Land Fee", cannot be applied to the above pieces of land.
19. By letter N 21-2-05/141 of the Federal Tax Service, of October 20, 2004, data are reported used for calculation of the tax on extraction of mineral resources with regard to oil, for September 2004:
- the average oil price of Urals in Mediterranean and Rotterdam markets - USD 38.21/barrel;
- mean value of the U.S. dollar-to-RF ruble exchange rate, fixed by the Central Bank of the Russian Federation, for all days of the taxable period - 29,2218;
- value of Adjustment Coefficient - 3,5031;
- tax rate with Adjustment Coefficient – Rb 1215,5757 per ton.
L. Anisimova A review of economic legislation: November of In November, there were introduced the following changes in the legislation currently in force: the Second Part of the RF Tax Code was supplemented with new article 25.3 “State Tax”, the RF Customs Code was supplemented with article 33.1 “Customs Fees”, there were determined the maximum and minimum amounts of unemployment benefits, there were set the subsistence minimums for different social and demographic population groups for the 3rd quarter of 2004, there were approved the Rules governing the provision of extra medical aid to certain categories of citizens in the framework of the program of state guaranteed free medical aid to the citizens of the Russian Federation in the federal health care institutions, and there was brought to the notice of all concerned parties the data used for the calculation of the mineral extraction tax rate on oil in October of 2004.
I. FEDERAL LAWS of the Russian Federation 1. “ON AMENDMENTS TO THE FIRST AND SECOND PARTS OF THE TAX CODE OF THE RUSSIAN FEDERATION AND CERTAIN OTHER LEGISLATIVE ACTS OF THE RUSSIAN FEDERATION, AND THE ABOLISHMENT OF CERTAIN LEGISLATIVE ACTS (PROVISIONS OF LEGISLATIVE ACTS) OF THE RUSSIAN FEDERATION” No. 127 FZ of November 2, Enters into force on January 1, 2005, but not earlier than one month since the day of promulgation.
There were made certain amendments to the first and second parts of the RF Tax Code. For instance, the Second Part of the RF Tax Code was supplemented with new article 25.3 “State Tax”, which provided the provided the definition of the state tax and identified the payers of the state tax, stipulated the procedures and terms of the payment of the state tax, the amounts of the state tax paid in concrete cases, set forth the privileges related to the payment of the state tax, determined the grounds for and the procedures governing the return or off set of the state tax paid, the specifics of granting a grace period or respite as concerns the payment of the state tax.
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