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"

Read the untranslated law here: http://pravo.gov.ru/proxy/ips/?doc_itself=&infostr=x&backlink=1&fulltext=1&nd=102045179

Expired-the Federal law dated 06.08.2001 g. N 110-FZ (January 1, 2002 year), the Russian Federation, the 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 December 25, 1996 year approved by the Federation Council December 26, 1996 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, no. 11, p. 525; N 34, art. 1976; 1993, N 4, art. 118; Rossiyskaya Gazeta, 1993, November 3, N 205; Collection of laws of the Russian Federation, 1994, no. 27, art. 2823; N 29, art. 3010; N 32, St. 3304; 1995, N 18, art. 1592; N 26, art. 2402, 2403; N 49, St. 4695; 1996, N 1, art. 4, 20; Rossiyskaya Gazeta, 1996, 18 December, N 241) the following amendments and supplements: 1. In article 2:1) in the first subparagraph of paragraph 6, the words "including the amounts received and paid in the form of sanctions and damages" were replaced by the words "as defined by federal law, which establishes a list of costs to be included in the cost of production (works, services), and the formation of the financial results included in the calculation of taxable profits";
2) in paragraph 8: the second paragraph should be deleted;
the third paragraph shall read as follows: "income as dividends received on shares belonging to the company-shareholder and certifying the right of the owner of these securities to participate in distribution of profits of the company-issuer and the interest income received by owners of State securities of the Russian Federation, state securities of the Russian Federation and bodies of local self-government securities";
the tenth paragraph deleted;
3) first paragraph of paragraph 9 should be deleted.
2. The second part of article 5 should be deleted.
3. In article 6:1) in paragraph 1: sub-paragraph "and", insert the following text: ") to: enterprises of manufacturing industries for financing of capital investments of industrial purpose (including equity participation), as well as to repay bank credits obtained and used for these purposes, including interest on loans;
enterprises of all branches of the national economy on housing finance (including equity participation), as well as to repay bank credits obtained and used for these purposes, including interest on loans.
This benefit is granted to the specified enterprises engaged in development, respectively, own industrial base and housing, including repayment of bank credits obtained and used for these purposes, subject to the full use of the amounts accrued wear and tear (depreciation) on the last reporting date; ";
supplement paragraph subparagraph "and" read: ") sent to partnerships of homeowners, housing construction, housing consumer cooperatives on the maintenance and repair of residential and non-residential premises, technical equipment of dwelling houses, to which management and exploitation which these organizations were created.";
2) in paragraph 5 the second paragraph shall be reworded as follows: "in determining the amount of the specified tax benefit calculation are accepted per year company incurred losses from realization of goods (works, services). In the calculation does not take into account losses incurred as a result of concealing or understating profits, losses incurred before January 1, 1996 onwards as a result of the excess of actual labour costs compared with their critical value, as well as damages resulting from exceeding the limits of the rules and regulations established by the legislation of the Russian Federation for accounting the costs included in the cost of production (works, services) are considered when calculating taxable profit. ";
3) in paragraph 6: the second and third paragraphs shall be reworded as follows: "religious associations, enterprises, their property and business companies, authorized capital of which consists entirely of the contribution of religious groups, from cult activities, production and realization of objects of worship and religious objects, as well as a profit of these enterprises and business entities in the part used for the implementation of these associations of religious activities. Allowance provided for hereby the paragraph does not apply to the profits obtained from the production and sales of excisable goods, minerals, other minerals, as well as other products in accordance with the list approved by the Government of the Russian Federation for presenting religious associations;
public organizations of disabled persons, enterprises, institutions and organizations under their ownership and economic societies, authorized capital of which consists entirely of the contribution of public organizations of invalids. Allowance provided for hereby the paragraph does not apply to the profits obtained from the production and sales of excisable goods, minerals, other minerals, as well as other products in accordance with the list approved by the Government of the Russian Federation on presentation of the all-Russian public organizations of persons with disabilities; ".
4. In article 8, paragraphs 2 and 3 shall be amended as follows:

"2. The enterprise, except as provided in paragraph 5 of this article, shall pay to the budget during the quarter profit tax advance contributions defined based on the estimated amount of profit for the taxable period and tax rates.
Payment in advance contributions budget income tax must be made no later than 15th day of each month in equal instalments in the amount of one third of the quarterly amount of the specified tax.
Enterprises are payers of advance contributions income tax, calculate the amount of the specified tax, on the basis of the actual profits, given the taxable benefits and tax rates on income, on an accrual basis with the beginning of the year till the end of the first quarter, six months, nine months and a year. The amount of income tax payable to the budget shall be determined in the light of previously accrued payments. The difference between the amount to be entered in the budget to actual profits and advance tax contributions over the past quarter, is subject to change by an amount calculated on the basis of the Bank of Russia refinance rate in the previous quarter.
Since January 1, 1997 year, all enterprises, except budget organizations, small businesses and taxpayers specified in paragraph 5 of this article shall have the right to go to the monthly payment of income tax in the budget, on the basis of the actual profits for the preceding month and tax rates.
Calculation of the actual amount of tax on the profits produced by enterprises based on calculation of tax on the actual profits made cumulative monthly since the beginning of the year, on the basis of the actual profits they received to be given tax benefits and income tax rates. The amount of income tax payable to the budget shall be determined in the light of previously accrued payments. These calculations are presented to businesses in tax authorities at the place of its finding no later than 20th of the month following the reporting month.
Simultaneously with the calculations of tax on the actual profits enterprises submitted additional material on the definition of taxable income, as well as reasonable estimates for providing tax breaks.
Small enterprises and budgetary organizations with profit from business activities, the payment of income tax in the budget produce quarterly based on actual profits for the preceding reporting period.
Legislative (representative) bodies of constituent entities of the Russian Federation is granted the right to establish a quarterly payment of income tax on the basis of the actual profits for the past quarter, enterprises producing precious metals, precious stones, non-governmental organizations, religious associations, housing and construction, country-building and garage cooperatives, horticultural societies.
Order of payment of income tax in the budget is determined by the company and does not change until the end of the calendar year.
3. Payment of income tax is due on monthly calculations no later than 25-th day of the month following the reporting month, quarterly calculations-in five-day's term from the date set for the submission of financial statements for the quarter and year calculations-ten-day's term from the date set for the submission of financial statements over the past year.
5. In article 9:1) "and" paragraph 1 shall read as follows: "(a)) revenue in the form of dividends received on shares belonging to the company-shareholder and certifying the right of the owner of these securities to participate in distribution of profits of the company-issuer and the interest income received by owners of State securities of the Russian Federation, state securities of the Russian Federation and bodies of local self-government securities";
2) the first paragraph of paragraph 2 shall be amended as follows: "2. Taxes on income referred to in subparagraphs a and b of paragraph 1 of this article shall be collected at the rate of 15 per cent.";
3) first paragraph of paragraph 3 shall be amended as follows: "3. Taxes on income referred to in subparagraphs a and b of paragraph 1 of this article shall be collected at the source of payment of those revenues. Responsible for withholding and enumerate these taxes rests with the company paying income. ".
Article 2. This federal law shall enter into force on the day of its official publication, except for paragraph 4 of article 1, which comes into force from January 1, 1997 year.
The provisions of subparagraph 1 of paragraph 5 of article 1 hereof shall not apply to income received in the form of interest on State securities of the Russian Federation, state securities of the Russian Federation and bodies of local self-government with securities, issued prior to the entry into force of this federal law.
The President of the Russian Federation and to entrust the Government of the Russian Federation to bring its legal acts in compliance with this federal law.
The President of the Russian Federation, b. Yeltsin, Kremlin, Moscow, N 13 January 10, 1997-FZ