Amending Articles 220 And 224, Part Two Of The Tax Code Of The Russian Federation

Original Language Title: О внесении изменений в статьи 220 и 224 части второй Налогового кодекса Российской Федерации

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RUSSIAN FEDERATION FEDERAL LAW On Amendments to Articles 220 and 224 of Part Two of the Tax Code of the Russian Federation adopted by the State Duma on July 31, 2004 Approved by the Federation Council on August 8, 2004 Article 1 Article 1 Article 1 OF THE PRESIDENT OF THE RUSSIAN FEDERATION N 32, sect. 3340; 2001, N 1, article 18; N 23, est. 2289; N 33, st. 3413; 2002, N 22, Text 2026; 2003, N 21, sect. 1958; N 28 2879) The following changes: 1) in article 220: a) in paragraph 1: paragraphs 1 and 2 of paragraph 1, amend to read: " 1) in the amounts received by the taxpayer during the tax period the sale of houses, apartments, including privatized housing, villas, garden houses or land plots, and the share of the property in the property owned by the taxpayer for less than three years, but not exceeding a total of 1,000,000 roubles, as well as in amounts received in the tax period from the sale of other property held in The property of the taxpayer is less than three years old, but not exceeding 125,000 rubles. In the case of the sale of houses, apartments, including privatized accommodation, villas, garden houses and land plots and the share of the property in possession of the property owned by the taxpayer three years or more, as well as for the sale of other property, The property tax deduction is granted in the amount received by the taxpayer for the sale of the said property. Instead of using the right to obtain a property tax deductible under this subparagraph, the taxpayer is entitled to reduce the amount of its taxable income by the amount actually produced by it and documentary The confirmed expenditure related to the receipt of these revenues, except for the taxpayer's exercise of securities. When the share (part of it) is sold in the organization's charter capital, the taxpayer is also entitled to reduce the amount of its taxable income by the amount actually produced and the documented costs of obtaining these "; , subpara. 2, amend to read: " (2) in the amount spent by the taxpayer on a new construction or acquisition in the territory of the Russian Federation of a dwelling house, apartment or share (shares) in them, in The amount of the actual expenses incurred as well as the amount to be paid interest on the target loans (credits) received from credit and other organizations of the Russian Federation and actually spent on new construction or acquisition in the territory of the Russian Federation of a dwelling, apartment or share (shares) in No. Actual costs for new construction or acquisition of a dwelling house or share (shares) may be included: cost of design project design documents; costs of construction and construction Dating materials; costs for the purchase of a dwelling house, including not completed construction; costs related to construction work or services (construction of the house, not completed construction) and decoration; costs of connecting to electricity, water, gas, and sewerage or autonomous power supply, water, gas and sewerage. Actual costs for the acquisition of an apartment or share (shares) may include: the cost of purchasing an apartment or the right to an apartment in a building under construction; costs for the purchase of finishing materials; cost of work related to the finishing of the apartment. Acceptance of the cost of the finished building and finishing of the purchased home or decoration of the purchased apartment is possible if the contract on the basis of which the acquisition was acquired indicates the acquisition of unfinished buildings Construction of a dwelling house or apartment (right to an apartment) without finishing or share (shares) in them. The total value of the property tax deduction required under this subparagraph may not exceed RUB 1,000,000, excluding amounts sent for interest on the purpose loans (loans) received from credit and other loans. OF THE PRESIDENT OF THE RUSSIAN FEDERATION To prove the right to a property tax deduction, the tax payer represents: in the construction or acquisition of a dwelling house (including not completed construction) or the share (shares) in it-documents, Proper ownership of a dwelling house or share (shares) in it; , when purchasing an apartment, share (share) or rights to an apartment in the building under construction-contract for the acquisition of an apartment, share (shares) in it or rights to an apartment in which is built in the house, the act of transferring the apartment (the share (shares) in it) to the taxpayer or documents, Ownership of the apartment or share (shares) in the apartment. This property tax deduction is granted to the taxpayer on the basis of a written statement of the taxpayer, as well as payment documents processed in accordance with the established procedure and evidence of payment of the money Taxpayers on expenditures incurred (receipts for issuance orders, bank statements on transfer of cash from the buyer's account to the seller's account, cash and cash cheques, and acts on the purchase of materials by individuals, specifying in them (...) (...) When the property is acquired in common or common joint ownership, the amount of the property tax deductions calculated under this subparagraph shall be distributed among the co-owners in accordance with their share (shares) of property, or with their written declaration (in the case of acquisition of a dwelling house or condominiating joint property). The property tax deductions under this subparagraph shall not apply in cases where the cost of construction or acquisition of a dwelling house, apartment or share (shares) in them is made at the expense of the taxpayer funds of employers or other persons, and also in cases where the sale or purchase of a dwelling, apartment or share (shares) is made between individuals who are interdependent in accordance with article 20, paragraph 2, of this Code. Reprovision to the taxpayer of the property tax deduction required by this subparagraph shall not be permitted. If the property tax deduction cannot be fully used in the tax period, the remainder may be transferred to subsequent sales tax periods until it is fully used. "; b) the first paragraph of 2 In the words "unless otherwise provided for in this article"; in), add the following paragraph 3: " 3. The property tax deduction required under paragraph 1 (2) of this article may be made available to the taxpayer before the end of the tax period when it is referred to the employer (hereinafter referred to as the tax agent) provided that To prove the right of the taxpayer to a property tax deductions by the tax authority in the form approved by the federal executive authority responsible for monitoring and oversight in the field of taxes and duties. Taxpayer is entitled to receive a property tax deductions from one tax agent of one's choice. The tax agent is required to provide a property tax deductions on the taxpayer's confirmation of the right to the property tax deduction issued by the tax authority. The right to tax deductions of a tax agent under this paragraph shall be confirmed by a tax authority within a period not exceeding 30 calendar days from the date of submission of the written tax Statements by the taxpayer, documents confirming the right to property tax deductions, as set out in paragraph 1 (2) of this article. In the event of a tax period, the amount of income of the tax agent obtained from the tax agent is less than the amount of the property tax deduction determined in accordance with paragraph 1, subparagraph 2, of this article, The taxpayer is entitled to a property tax deduction in the manner provided for in paragraph 2 of this article. "; 2) in article 224: (a) Paragraph 5 of paragraph 2 should read as follows: " percentage of savings in receipt by taxpayers of loans (credit) In the case of an excess of the amount specified in article 212, paragraph 2, of the Code, except for the proceeds of interest earned on the use of the target loans (credits) by taxpayers OF THE PRESIDENT OF THE RUSSIAN FEDERATION the intended use of such means. "; b) to supplement paragraph 5 , to read: " 5. The tax rate is set at 9 per cent for the interest earned on mortgage bonds issued before 1 January 2007, as well as for the income of the trustee for the mortgage received by the on the basis of the acquisition of mortgage certificates of participation issued by the administering mortgage until 1 January 2007. ". Article 2 This federal law shall enter into force on 1 January 2005, but not before the expiry of One month from the date of its official publication. President of the Russian Federation Vladimir Putin Moscow, Kremlin 20 August 2004 N 112-FZ