On Introducing Changes And Additions Into Part Two Of The Tax Code Of The Russian Federation (Chapter 23 "income Tax")

Original Language Title: О внесении изменений и дополнений в часть вторую Налогового кодекса Российской Федерации (главу 23 "Налог на доходы физических лиц")

Read the untranslated law here: http://pravo.gov.ru/proxy/ips/?doc_itself=&infostr=x&backlink=1&fulltext=1&nd=102071301

RUSSIAN FEDERATION FEDERAL LAW on amendments and additions to part two of the tax code of the Russian Federation (Chapter 23 "income tax") adopted by the State Duma April 26, 2001 year approved by the Federation Council May 16, 2001 year (as amended by the federal laws from 06.06.2005 N 58-FZ;
from 23.11.2015 N 320-FZ), Article 1. Amend the second part of the tax code of the Russian Federation (Chapter 23 "income tax") (collection of laws of the Russian Federation, 2000, no. 32, p. 3340; 2001, N 1, p. 18) the following amendments and supplements: 1. paragraph 4 of article 212: after the words "securities", add the words "as determined in the light of the limiting boundaries of fluctuations in the market price of securities";
supplemented by a paragraph reading: "procedure for determining the market price of securities and limiting boundaries of fluctuations of market prices of securities shall be established by the federal body responsible for the regulation of the securities market.".
2. Supplement article 214-1 as follows: "article 214-1. Distinctions of determining the tax base, calculation and payment of tax on income from securities transactions and transactions with financial instruments transactions in derivatives, asset base on which are securities 1. In determining the taxable base on income on securities transactions and transactions with financial instruments futures, benchmark asset on which the securities are counted income earned on the following transactions: purchase and sale of securities traded on the organized securities market;
purchase and sale of securities that are not traded on the organized securities market;
with financial instruments transactions in derivatives, asset base on which are securities;
in securities and financial instruments futures, benchmark asset on which securities are carried out by trustee in favour of the founder trustee (beneficiary) who is a natural person.
2. The tax base of each transaction listed in paragraph 1 of this article shall be separately subject to the provisions of this article.
Under financial instruments futures, benchmark asset on which securities are, for the purposes of this chapter refers to futures and options exchange deals.
3. Income (loss) from operations of purchase and sale of securities shall be determined as the sum of incomes on the basis of transactions with securities, during the tax period, minus the amount of damages.
Income (loss) on the transaction of purchase and sale of securities is defined as the difference between the amounts received from the sale of securities, and the costs of acquisition, implementation and storage of securities actually produced by the taxpayer (including expenses reimbursed to a securities market professional) and documented. These costs include: paid to seller in accordance with the Treaty;
payment for services rendered by the depositary;
Commission payments to professional participants in the securities market;
Exchange fee (Commission);
payment for services of the Registrar;
other costs directly associated with the purchase, sale and safekeeping securities, paid for the services provided by the professional participants of the securities market as part of their professional activity.
Income on the transaction of purchase and sale of securities traded on the organized securities market is reduced by the amount of interest paid for use of the funds raised for the transaction of purchase and sale of securities within the amounts calculated on the basis of the current refinancing rate of the Central Bank of the Russian Federation.
On the transaction with securities traded on the organized securities market, the amount of the loss is determined by taking into account the extreme boundaries of fluctuations in the market price of the securities.
To securities tradable on the organized securities market, for the purposes of this chapter include securities, admitted to circulation at the organizers of the trade, licensed by the federal body implementing regulation of the securities market.
When the taxpayer costs of acquisition, implementation and storage of securities not directly attributable to the acquisition, implementation and storage of specific securities, said expenses shall be distributed in proportion to the valuation of securities, which include those expenditures. Valuation of securities is determined on the date of implementation of these costs.
If the taxpayer's expenditure cannot be documented, he is entitled to use the property tax deduction provided for by paragraph 1, subparagraph 1 the first paragraph of article 220 of the criminal code.

The property tax deduction or deduction in the amount actually produced and documented costs to the taxpayer when calculating and payment of tax at the source of payment budget income (broker, trustee or other person engaged in the operation of the Treaty, orders a similar treaty in favour of the taxpayer) or at the end of the tax period when filing the tax declaration to the tax authority.
If the calculation and payment of tax shall be made a source of income (broker, trustee or other person committing the order transactions under the agreement or other similar agreement in favour of the taxpayer) in the tax period, the property tax deduction provided a source of income with the possibility of subsequent recalculation at the end of the tax period when filing the tax declaration to the tax authority.
If you have multiple sources of income property tax deduction is only available from a single source of income for the taxpayer's choice.
4. The tax base for operations of purchase and sale of securities is defined as income received by the results of the tax period on transactions with securities. Income (loss) from operations of purchase and sale of securities shall be determined in accordance with paragraph 3 of this article.
Loss on operations with securities traded on the organized securities market received results of these transactions, the tax period, reduces the tax base for operations of purchase and sale of securities in this category.
Gain on sale of securities not traded on organized securities market, which at the time of their acquisition satisfies the requirements established for securities traded on the organized securities market, may be reduced by the amount of the loss, resulting in a tax period, purchase-sale transactions of securities traded on the organized securities market.
5. The tax base of operations with financial instruments Futures (except for operations envisaged in paragraph 6 of this article) is defined as the difference between the positive and negative results from the revaluation of liabilities and rights requirements on deals and the execution of transactions in derivatives, financial instruments, taking into account the payment of services of exchange brokers and exchanges to open positions and conducting the account of a natural person. Tax base for operations with financial instruments Futures is increased by the amount of premiums received in transactions with options, and is reduced by the amount of premiums paid on these transactions.
6. Transactions with financial instruments futures contracts in order to reduce the risks of price changes of securities, income from financial instruments transactions in derivatives (including received Prize for transactions with options) increase, decrease the tax base on the base asset.
Procedure for rating transactions with financial instruments transactions in derivatives transactions entered into in order to reduce the risks of price changes of the underlying asset is determined by federal bodies of executive power, authorized by the Government of the Russian Federation.
7. The tax base of operations with securities and transactions with financial instruments futures, ongoing trustee, shall be determined in the manner prescribed by paragraphs 4-6 of this article, taking into account the requirements of this paragraph.
The taxpayer's expenses also include amounts paid asset management founder (beneficiary) the asset manager in the form of remuneration and compensation costs incurred on transactions with securities and transactions with financial instruments futures.
In determining the taxable base on income on securities transactions and transactions with financial instruments futures, ongoing trustee in favour of the founder trustee (beneficiary) to the beneficiary, not a founder trustee, the specified income is determined in accordance with the conditions of the contract of trust management.
If in exercising fiduciary transactions with securities of different categories, as well as if in the process of asset management are having other types of income (including income from financial instruments transactions in derivatives, income from dividends, interest), the tax base is determined separately for each category of securities and each type of income. Costs that cannot be directly attributed to the decrease in income from transactions with securities in the relevant category or to reduce the kind of income shall be distributed in proportion to each type of income (income earned on transactions with securities in the relevant category).

The resulting loss of securities carried out by trustee in favour of the founder trustee (beneficiary) in tax period, reduces income on these operations.
The resulting loss on operations with securities and transactions with financial instruments futures, ongoing trustee in favour of the founder (beneficiary) trust management, reduces profits earned on transactions with securities in the relevant category and transactions with financial instruments futures and income earned on these transactions, increase revenues (reduce losses) on securities in the relevant category and transactions with financial instruments futures.
The resulting loss on operations with securities and transactions with financial instruments futures, ongoing trustee in favour of the founder trustee (beneficiary) in tax period, reduces the tax base for transactions with securities in the relevant category and on operations with financial instruments futures respectively.
8. The tax base for operations of purchase and sale of securities and transactions with financial instruments Futures is determined at the end of the tax period. Calculation and payment of the amount of tax is the tax agent are carried out at the end of the tax period or in carrying out the payment of cash to the taxpayer prior to the expiration of the next tax period.
When implementing the payment of money as a tax agent prior to the expiration of the next tax period, the tax is paid to the proportion of income determined in accordance with this article, the relevant factual amount payable to cash. The proportion of income is defined as the product of the total income for the relevant amount to the valuation of securities, as determined on the date of payment of funds on which the tax agent acts as a broker. When implementing the payment of money to the taxpayer more than once during the tax period, the calculation of the amount of tax is recognized on the accrual basis less the amounts of tax paid previously.
Valuation of securities is determined on the basis of the actual and documented expenses incurred to purchase them.
Tax agent for income on securities transactions and transactions with financial instruments futures, ongoing trustee in favour of the founder (beneficiary) fiduciary, trustee acknowledges that determines the tax base on the specified operations subject to the provisions of this article.
The tax base of operations with securities, undertaken in favour of the trustee trust management founder (beneficiary) is determined at the date of the end of the tax period or on the date of payment of funds (transfer of securities) before the end of the next fiscal period. Tax must be paid within one month from the date of the end of the tax period or the date of payment of funds (transfer of securities).
When payments are made in cash or in kind from the funds held in trust until the expiration of the fiduciary management agreement or until the end of the tax period, the tax is paid to the proportion of income determined in accordance with paragraph 7 of this article, the relevant factual amount payable asset management founder (beneficiary) means. The proportion of income in this case is defined as the product of the total income for the relevant amount to the valuation of securities (cash) held in trust as determined on the date of payment of the funds. When payments are made in cash or in kind from the funds held in trust, more than once in a tax period specified is calculated on an accrual basis less the amounts of tax paid previously.
Under the payment of funds for the purposes of this paragraph refers to cash withdrawal, funds are transferred to the bank account of a natural person or to the account of a third person on the request of an individual.
If you cannot keep the taxpayer calculated tax amount source of payment of income tax agent (broker, trustee or other person who commits the transactions under the agreement, orders a Commission agreement, a treaty in favour of the taxpayer) within one month from the moment of occurrence of the circumstances in writing notify the tax authority at the place of its account of the impossibility of the specified retention and debt of the taxpayer. Payment of tax in this case shall be conducted in accordance with article 228 of the criminal code. ".
3. Article 217: (void-the Federal law dated 23.11.2015 g. N 320-FZ) (repealed-federal law 23.11.2015 N 320-FZ) (repealed-federal law 23.11.2015 N 320-FZ) (repealed-federal law 23.11.2015 N 320-FZ)

supplement paragraph 32 as follows: "32) winnings on bonds government loans of the Russian Federation and the amounts received in repayment of these bonds;".
4. In article 220: in subparagraph 1 of paragraph 1: (paragraph three has lost force since January 1, 2007 year-the Federal law dated 06.06.2005 N 58-FZ) (paragraph four lost force since January 1, 2007 year-the Federal law dated 06.06.2005 N 58-FZ) fourth paragraph should be deleted;
in paragraph 2: after the words "tax deductions" add the words "(except for property tax deductions on operations with securities)";
supplemented by a paragraph reading: "Property tax deduction in determining the tax base of operations with securities is available in accordance with article 214-1 of this code.".
5. in paragraph 2 of article 224: in the second paragraph, the words ", sweepstakes or other games of chance (including using the slot machines)" should be deleted;
the fifth paragraph shall be reworded as follows: "interest income on deposits in banks in the part exceeding the amount calculated on the basis of three quarters of the current refinancing rate of the Central Bank of the Russian Federation, during the period for which accrued in ruble deposits (excluding urgent pension contributions for a period of not less than six months) and 9 percent annual interest rate on deposits in foreign currency as well as interest income on fixed pension deposits made before January 1, 2001 a year for a period of not less than six months, in the part exceeding the amount calculated on the basis of the current refinancing rate of the Central Bank of the Russian Federation, during the period for which accrued interest; ".
6. Article 226, paragraph 2, after the words "in accordance with articles ' complement digits" 214-1 ".
7. paragraph 1 of article 228 complement subparagraph 4 to read as follows: "4) individuals receiving winnings paid organizers of totalizators and other games of chance (including the use of slot machines), on the basis of the amounts of such winnings.".
Article 2. This federal law shall enter into force on the expiry of one month from the day of its official publication. Paragraphs 3 and 5 of article 1 of this federal law shall apply to legal relationships arising from January 1, 2001 year.
The President of the Russian Federation v. Putin in Moscow, the Kremlin May 30, 2001 N 71-FZ