On Introducing Changes And Additions Into The Law Of The Russian Federation "about Tax On Profit Of Enterprises And Organizations" In Connection With The Innovations Of State Securities Of The Russian Federation

Original Language Title: О внесении изменений и дополнений в Закон Российской Федерации "О налоге на прибыль предприятий и организаций" в связи с проведением новации государственных ценных бумаг Российской Федерации

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Spspent power-Federal Law September 6, 2001 N 110-FZ RUSSIAN FEDERATION FEDERAL LAW On introducing amendments and additions to the Law of the Russian Federation "On income tax for enterprises and organizations" in The connection with the innovation of the State securities of the Russian Federation , adopted by the State Duma on 25 April 2001 Article 1. Russian Federation Law of 27 December 1991 "On tax on profits of enterprises and organizations" (Vedomoj) of the Russian Federation and the Supreme Soviet of the Russian Federation, 1992, 525; N 34, sect. 1976; 1993, 118; Russian newspaper, 1993, 3 November, No. 205; Legislative Assembly of the Russian Federation, 1994, No. 27, art. 2823; N 29, st. 3010; N 32, sect. 3304; 1995, N 18, sect. 1592; N 26, st. 2402, 2403; N 49, sect. 4695; 1996, N 1, sect. 4, 20; N 51, est. 5682; 1997, N 3, est. .357; N 26, est. 2953; 1998, N 31, sect. 3819, 3821, 3825; N 47, st. 5702; 1999, N 1, article 1; N 2, est. 237; N 7, 100. 879; N 10, est. 1162; N 14, est. 1660; N 18, sect. 2221; 2000, N 32, sect. 3341) the following changes and additions: 1. In article 2: 1), in paragraph 4: , in the sixth paragraph of the "implementation of this category", replace the words "implementation (disposal) of the appropriate category"; paragraphs 7 and 8 should read as follows: " is not included in the taxable base in calculation of the income tax on the value of government securities of the Russian Federation resulting from the novelty of state short-term unkutnable bonds (hereinafter-the State Duma) and the bonds of the federal government. Loans with fixed and variable coupon income (hereinafter referred to as the CRF) up to 31 December 1999 issued prior to 17 August 1998, paid under the conditions of the novation of money taken into account as a partial reimbursement by the State of its cost of acquisition of the Government of the Russian Federation (in the part related to the GCO and OFZ) and received in the implementation of the government programme for the transfer of the bonds of the federal loan with the constant coupon income of the Russian Federation, until 27 November 1998, and the value of government securities of the Russian Federation, The third series of bonds of the domestic public foreign exchange bond (hereafter referred to as VHFV series III). The primary owners of the innovations of the Russian Federation's state securities determine the profit (loss) when they are implemented as the difference between the price of the sale and the paid value, taking into account the costs of the specified by the implementation. The paid value of the government securities of the Russian Federation was determined on the basis of the actual costs of the acquisition of all government securities exchanged at the time of the innovation of the Russian Federation in the amount of cash paid in accordance with the terms of the novation of the cost of partial reimbursement by the State of its costs for the acquisition of the novation of the GEO and OFZ, or the amount actually paid out Central Bank of the Russian Federation they for the implementation of the State resettlement programme and accrued interest on such credits; "; to supplement the new paragraphs with the ninth and tenth paragraphs as follows: " paid value of one State value OF THE PRESIDENT OF THE RUSSIAN FEDERATION of the Russian Federation The number of innovations divided by the number by type. The primary owners of government securities of the Russian Federation are entitled to direct losses from their disposal (disposal) from disposal (disposal) of all securities, whether they are in use or not. in the organized securities market; "; , after the tenth paragraph, should be added to paragraphs 11 to 18 of the following text: ", when the State securities of the Russian Federation are paid. from the GCO and the CRF, including through the channelling of funds from The early repayment of the bonds of the federal bond with a permanent coupon income (OFPRA), payment of overdue debts on taxes, fines and penalties to the federal budget, the primary holders of the said securities may additionally from the price of these securities The difference between the redemption value and the paid value of these securities, taking into account the costs associated with the repayment, excludes the percentage of the interest income due and the difference between the price and the purchase price of the GCO, which are included in the price OF THE PRESIDENT OF THE RUSSIAN FEDERATION The enterprises, the primary owners of the Russian Federation's state securities received by the GCO, the OFZ and the VHFV series III, are entitled to adjust the resulting gain (loss) determined when they are implemented (disposals) in the difference between the price of disposal (attrition) and the paid value of the specified securities, taking into account the costs of the implementation (disposal), in the following order: enterprises that overestimated the value of the exchange GCO and OFZ innovations in line with market price changes and included the sum of The surplus from their revaluation to the taxable basis in the calculation of the income tax, when implementing (disposals) of government securities of the Russian Federation resulting from the innovation of the GEO and OFZ, has the right to make a profit (loss) as defined in the form the difference between the price of the disposal (attrition) and the paid value of these securities, taking into account the costs of their implementation, to reduce (increase) the surplus from the revaluation of the exchange of the changes in the GEO and the CRF to the share of the Russian Federation in proportion to the value of the said securities in the total aggregate value of government securities of the Russian Federation resulting from the innovation; enterprises that took into account the cost The Russian Federation may reduce the amount of profit, defined as the difference between the price of the sale, when implementing the (attrition) novations of the VHFE series, when implementing (disposals) obtained by the innovation of the Russian Federation's state securities (disposals) and the paid value of these securities, taking into account the costs of The amount of the exchange rate difference from the exchange rate of the foreign currency earned by the Central Bank of the Russian Federation to foreign currencies arising from the periods during which the exchange rate is fluctuating OF THE PRESIDENT OF THE RUSSIAN FEDERATION corresponding to the type of innovation given in proportion to the cost of the above mentioned of the securities in the total value of the State securities of the Russian Federation received at the innovation of VAGHV series III. At the same time, the ruble equivalent of the value of the innovations of government securities of the Russian Federation, denominated in foreign currency, is determined by the Central Bank of the Russian Federation set up on 14 November 1999. of the year; enterprises that overestimated the rouble equivalent of the value of the series III VHF exchange, in accordance with the change in exchange rate resulting from a change in the rouble's exchange rate relative to the boiler Central Bank of the Russian Federation not later than 14 November 1999) and on the date of their acquisition (accounting assumption), and reflected the results of the revaluation in determining the gross margin for the respective tax period in the implementation (disposal) of the innovations received of State securities of the Russian Federation may reduce the amount of profit determined in the form of the difference between the price of the disposal (disposal) and the paid value of the listed securities, taking into account the costs of the said sale, in the amount, the equal positive balance of the series III exchange rate differences resulting from the For the period in question, the proportion of the corresponding state securities sold by the Russian Federation was proportional to their value in the total value of government securities OF THE PRESIDENT OF THE RUSSIAN FEDERATION When implementing government securities of the Russian Federation, received by the VHFE III series of novations, with a loss identified as the difference between the price of disposal (attrition) and the paid value of the listed securities, taking into account the costs of The said implementation, the enterprises that had previously taken into account the adjustment of exchange differences in the calculation of the taxable basis for the income tax are entitled to reduce the amount of the taxable base in the calculation of the profit tax on the amount of the loss (part of the loss), equal amount of positive balance of foreign exchange differences resulting from the period from Date of acquisition (accounting) of VHFE Series III until 14 November 1999, when the value of the securities was overestimated in accordance with the change in exchange rate, in the proportion of realized (s) State securities of the Russian Federation of the corresponding kind received at the time of the innovation, in proportion to the value of the listed securities in the total value of the government securities of the Russian Federation, received by the VHFZ series of innovations. OF THE PRESIDENT OF THE RUSSIAN FEDERATION as at 14 November 1999. The enterprises-the primary owners of the III series of VHFE III-holders, when implementing (disposals) received the Russian Federation's state securities, have the right to further reduce the gross margin to the amount The positive balance of exchange differences that occurred between the date of arrival of the foreign currency in the enterprise or the organization and prior to the adoption date of the VGW series III to accounting, in the proportion attributed to the realized (s) public of the Russian Federation The novelty is proportional to their value in the total value of the State securities of the Russian Federation received at the novation of the series III VHF III, calculated at the rate of the Central Bank of the Russian Federation established on 14 November 1999. The enterprises conducting the revaluation of the value of the securities in accordance with the change in the market price and taking into account the results of that revaluation in the calculation of the taxable base for tax on profit, right to the amount of profit determined in the form of the difference between the cost of disposal (disposal) and the value of the acquisition of the security, taking into account the costs of its acquisition and implementation, reduce the surplus from the surplus to the value of the revaluation, on the realized securities. In the realization of securities with a loss in the order established by this paragraph, the enterprise may reduce the taxable basis of the income tax on the surplus value of the surplus from the share paid by securities sold. Enterprises carrying out in due course a revaluation of the ruble equivalent of the value of securities denominated in foreign currency in connection with changes in foreign exchange rates held by the Central Bank The Russian Federation, and taking into account the results of this reassessment in determining the amount of the taxable basis for the income tax, is entitled to the amount of the profit calculated as the difference between the price of disposal (attrition) and the price of the acquisition of a security with the same value. in the light of the costs of acquisition and disposal, in the amount of the surplus from this revaluation to the realized securities. When implementing a securities with a loss, the amount of which is determined by the difference between the sale price and the acquisition price, taking into account the costs of their acquisition and realization, the enterprise may reduce the amount of the taxable basis for the profit tax on the the value of the surplus from the revaluation of the realized securities; "; 2) paragraph 2, paragraph 8, amend to read: " Revenue in the form of dividends received by the shareholder organization (participant) from the Shareholder (s) shareholder (s) Profit distribution remaining after taxation (including preferred shares), as well as interest earned by the owners of government securities of the Russian Federation, including interest on VHFV series III, For the period from 14 May to 14 November 1999, State securities of the constituent entities of the Russian Federation and municipal securities; "; 3) in paragraph 15, replace the word" OVIGH "with the word" disposals "after the words" other disposal " In the words "except for innovation". 2. Paragraph 5 of article 6, paragraph 3, shall be deleted. 3. In article 9: 1), paragraph 1 (a) should read as follows: " (a) revenues in the form of dividends received by the shareholder organization (participant) belonging to the shareholder (s) of the shares (s) the distribution of profits remaining after taxation (including preferred shares), as well as in the form of interest earned by the owners of government securities of the Russian Federation, government securities Russian Federation and municipal securities. Interest income is recognized as income stated by the Issuer for placing government securities of the Russian Federation, state securities of subjects of the Russian Federation and municipal securities, in the form of interest rate to the nominal value of the listed securities, and on which the interest rate is not set, the income in the form of the difference between the par value of the security and the value of its primary location, calculated as The weighted average price as of the date on which the securities were issued in accordance with The order is found to be in order. Under government securities of the Russian Federation, State securities of the constituent entities of the Russian Federation and municipal securities, interest income (the list of securities that are recognized by the Russian Federation) is established by the Government of the Russian Federation) for the actual time they are held by the regular owner on the basis of the total period of circulation of the securities in accordance with the terms of the release; and The value of the established interest income. For the primary owners of these securities, interest income is recognized as interest earned on the first coupon from the date of issue (issue) of securities, and on government securities of the Russian Federation obtained by novelty VHFE series III, from 14 November 1999 to the date of payment of the coupon, or the date of disposal (disposal) of the security. Not included in the taxable base of income tax on interest payable on the innovation of the OFZ, a portion of the income in the form of the difference between the redemption value and the purchase price of the GEO with maturity until 31 December 1999 issued Up to 17 August 1998, which are included in the value of the State securities of the Russian Federation, as well as the novations of the series III for the period from 14 May to 14 November 1999. Not included in the taxable income tax base for the difference between the redemption value and the purchase price of the GEO with maturity until 31 December 1999 issued as a result of the buyback until 17 August 1998 (e) The payment of the said securities, subject to reinvestment of the received funds from the repayments into the newly issued state securities of the Russian Federation. Not eligible for inclusion in the taxable base of income tax on the amount of interest paid on the bonds of the 1999 state bond bond issue received by the VHFSA series III. "; 2), paragraph 3 The following wording: " 3. Taxes on income referred to in paragraph 1 (a) of this article (concerning the payment of dividends of shares and proceeds in the form of interest on government securities of the Russian Federation, State securities of Russian entities) Federation and municipal securities that do not recognize the seller's recognition of interest income, as well as in respect of the payment of dividends and interest received by non-residents of the Russian Federation) and sub-paragraph "B" paragraph 1 of this article shall be deducted from the source of payment of the said income . The liability for withholding and listing these taxes in the budget is the responsibility of the smelting enterprise. Calculations of the income taxes specified in the first paragraph of this paragraph shall be submitted to the tax authorities at the place where the enterprise paying the income is paid within five days, counting from the date of accrual of income to shareholders, Founders or other recipients, but not later than 10 days after the distribution of these proceeds. The income tax shall be paid within five days from the date fixed for the presentation of the calculation. Tax on the proceeds referred to in paragraph 1 (a) of this article (in relation to the State securities of the Russian Federation, State securities of the constituent entities of the Russian Federation and municipal securities, the seller's recognition of interest income is paid by the enterprise that receives interest on the sale (disposal) of the said securities or interest earned on the payment of the coupon. The responsibility for the calculation and payment of these taxes to the budget is the responsibility of the enterprise that receives the income. The tax calculations from these revenues are submitted to the tax authorities at the place where they are located, on a monthly cumulative basis, not later than the 10th day of the month following the reporting period. The income tax shall be paid within five days from the date fixed for the presentation of the calculation. ". Article 2. This Federal Law shall enter into force one month after its official date. of publication. In terms of legal relations created by the novelty of the debt obligations of the Russian Federation, this Federal Law comes into force from the date of the innovation. President of the Russian Federation Vladimir Putin Moscow, Kremlin 9 May 2001 N 50-FZ