On Introducing Changes And Additions Into The Law Of The Russian Federation "about Tax On Profit Of Enterprises And Organizations"

Original Language Title: О внесении изменений и дополнений в Закон Российской Федерации "О налоге на прибыль предприятий и организаций"

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Expired-the Federal law dated 06.08.2001 g. N 110-FZ RUSSIAN FEDERATION FEDERAL LAW on amendments and additions to the law of the Russian Federation "about tax on profit of enterprises and organizations" adopted by the State Duma November 11, 1994 year approved by the Federation Council November 17, 1994 year, Article 1. To the law of the Russian Federation "about tax on profit of enterprises and organizations" (records of the Congress of people's deputies of the Russian Federation and the Supreme Soviet of the Russian Federation, 1992, N 11, art. 525; N 34, art. 1976; 1993, N 4, art. 118) the following amendments and supplements: 1. In article 2, paragraph 5 shall be amended as follows: "5. For enterprises engaged in the realization of goods (works, services) at prices not exceeding the actual cost for tax purposes is accepted by the market price for similar products (works, services), prevailing at the time of implementation, but not lower than the actual cost.
If the enterprise could not implement products at prices above cost because of lower quality or consumer properties (including obsolescence) or if the prevailing market prices for the same or similar products were lower than the actual cost of the product, for the purposes of taxation is applied to the actual selling price of the product.
If the enterprise during the 30 days prior to the sale of products at prices not exceeding the actual cost, implemented (was) similar products at prices higher than its actual cost, for all transactions for tax purposes apply prices, calculated from the maximum sale prices for this product.
When implementing enterprises exchange products (works, services) or transfer proceeds donated for tax purposes is determined on the basis of the average sale prices of such or similar products (works, services), calculated for the month in which the specified transaction was carried out, and in the absence of such or similar products (works, services) per month-based on the price of its latest implementation, but not lower than the actual cost.
If the company exchanges once again developed products that previously was not performed, or exchanges the purchased products, for the purpose of taxation was adopted, the actual market price for similar products, but not lower than its actual cost. ";
item 6 supplement paragraphs read as follows: "not included in the cost of objects of taxation of socio-cultural and communal privatized enterprises transferred to the responsibility of the executive authorities of the constituent entities of the Russian Federation and bodies of local self-government, as well as objects of housing and communal services destination, roads electrical networks and substations, gas networks, intakes and other similar objects, transferred gratuitously to the public authorities (or their address the specialized enterprises engaged in the use or operation of the specified objects by their purpose) and local authorities as well as transferred gratuitously enterprises, institutions and organizations, public authorities and local self-government bodies, unions, associations, companies, intersectoral, regional and other groupings, which include enterprises, fixed assets, intangible assets and other assets and funds for capital investments to develop their own production and non-production base.
Not included in the taxable base as well: the cost of the equipment, donated the resulting nuclear power plants to increase their security;
the cost of fixed assets, as well as funds provided for capital investments to develop their production and non-production base, and other property donated for productive activities among railways, enterprises and organizations from other railways, enterprises and organizations (passed by the Ministry of railways of the Russian Federation, administrations and departments of railways);
the cost of various structures and objects of communication (telephone, IPLs PBX building various structures of telecommunication, cable and radio-relay communication lines, radio lines, transformer stations, facilities for television and radio broadcasting, satellite communications, and so forth), built at the expense of third-party investors and adopted in accordance with the established procedure for the maintenance of joint-stock companies operating in connection with a controlling stake from the State and public enterprises communication of the Ministry of communications of the Russian Federation;
the cost of the gratis received mining equipment (fixed assets and assets used for production purposes) from other opencast mines as a part of the Association (joint stock company) and in the system of the basin and the coal industry. ";
item 8 supplement a paragraph reading: "gross profit for tax purposes is reduced by the amount

positive exchange differences (increases by the amount of negative exchange rate differences), formed as a result of changes in the exchange rate quoted by the Central Bank of the Russian Federation foreign currencies prevailing at the date of receipt of currency exchange business account (or on the date of the last report), and the ruble exchange rate vis-à-vis quoted the Central Bank of the Russian Federation foreign currencies on the day of the determination of taxable profit of the enterprise for the purpose of budget payments. ".
2. In article 7: the first paragraph of subparagraph "a" paragraph 1 shall read as follows: ") to finance capital investments of industrial and non-industrial purposes, and also for repayment of bank credits obtained and used for these purposes;".
Article 2. This federal law shall enter into force from the moment of its official publication.
In connection with the entry into force of this federal law: 1. invite the President of the Russian Federation to bring into compliance with this federal law decrees adopted on matters of taxation.
2. To entrust the Government of the Russian Federation to bring into compliance with this federal law normative legal acts adopted on matters of taxation.
Russian President Boris Yeltsin in Moscow, the Kremlin December 3, 1994 N 54-FL

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