RUSSIAN FEDERATION FEDERAL LAW On introducing changes to the first and second Tax Code of the Russian Federation and selected pieces of legislation Russian Federation Adopted by the State Duma on November 13, 2009 Approved by the Federation Council on 18 November 2009 (In the wording of federal laws dated 28.12.2010 N 395-FZ; dated 29.12.2010 N 437-FZ; of 21.11.2011 N 327-FZ; of 21.11.2011 N 330-FZ; of 28.11.2011 N 338-FZ; of 02.11.2013. N 306-FZ; 28.12.2013 n 420-FZ) Article 1 Article 40, paragraph 14 of the First Tax Code of the Russian Federation OF THE PRESIDENT OF THE RUSSIAN FEDERATION 3824; 1999, N 28, sect. 3487) the words "the chapter of this Code" Taxes on profits (income) of the organizations "shall be replaced by the words" Chapter 23 of this Code "Tax on the income of individuals" and Chapter 25 of this Code "Tax on profits of organizations". Article 2 To be included in the second part of the Tax Code of the Russian Federation (Collection of Laws of the Russian Federation, 2000, N 32, art. 3340, 3341; 2001, N 1, st. 18; N 23, est. 2289; N 33, st. 3413; N 49, sect. 4564; N 53, st. 5015; 2002, N 1, article 4; N 22, Text 2026; N 30, sect. 3021, 3027, 3033; 2003, N 1, st. 2, 6, 10; N 19, st. 1749; N 21, est. 1958; N 22, sect. 2066; N 28, est. 2874, 2879, 2886; N 50, sect. 4849; N 52, sect. 5030; 2004, N 27, sect. 2711, 2715; N 31, est. 3220, 3231; N 34, st. 3517, 3518, 3520, 3522, 3524, 3525, 3527; N 35, 100. 3607; N 41, est. 3994; N 45, sect. 4377; 2005, N 1, st. 29, 30, 38; N 24, 100. 2312; N 27, sect. 2710, 2717; N 30, est. 3101, 3104, 3128, 3129, 3130; N 52, sect. 5581; 2006, N 3, sect. 280; N 10, st. 1065; N 23, est. 2382; N 30, est. 3295; N 31, st. 3436, 3443, 3452; N 45, sect. 4627, 4628; N 47, sect. 4819; N 50, sect. 5279, 5286; N 52, sect. 5498; 2007, N 1, st. 20, 31, 39; N 13, st. 1465; N 21, sect. 2462; N 22, st. 2563, 2564; N 23, st. 2691; N 31, sect. 3991, 4013; N 45, est. 5416, 5417, 5432; N 49, sect. 6045, 6071; N 50, sect. 6237, 6245; 2008, N 18, sect. 1942; N 26, st. 3022; N 27, est. 3126; N 30, est. 3577, 3591, 3614, 3616; N 48, sect. 5500, 5504, 5519; N 49, sect. 5723, 5749; N 52, est. 6237; 2009, N 1, sect. 13, 21, 22, 31; N 11, st. 1265; N 18, sect. 2147; N 23, st. 2772, 2775; N 26, est. 3123; N 29, st. 3598, 3639; N 30, stop. 3739; N 39, sect. 4534) The following changes: 1) Article 146, paragraph 2, to be supplemented by subparagraph 10, reading: " 10) provision of services for non-commercial organizations for the conduct of statutory activities. State property not assigned to State enterprises and institutions constituting the State Treasury of the Russian Federation, the execution of the Republic in the Russian Federation, the execution of the province, the region and the city of federal importance, of the Autonomous Region, of the Autonomous Region and of the Property not assigned to municipal enterprises and institutions that make up the municipal treasury of the appropriate urban, rural settlement or other municipal education. "; (2) in article 149: (a) Paragraph 2 (12) should read as follows: " 12) shares in the statutory (warehousing) capital of organizations, shares in mutual funds of cooperatives and mutual funds, securities and financial instruments of urgent transactions, excluding the base asset of financial instruments of urgent transactions to be Taxation of value added tax. For the purposes of this chapter, under the implementation of the financial instrument of an urgent transaction, it is understood to be the sale of its base asset, as well as payment of the amounts of the awards under the contract, the amounts of the variational margin, other periodic or one-time payments of the parties. A financial instrument of an urgent transaction that is not in accordance with the terms of the financial instrument of the urgent transaction of the payment of the base asset. The definition of financial instruments for urgent transactions, as well as of their base assets, shall be carried out in accordance with paragraph 1 of Article 301 of this Code; "; b) in paragraph 3: sub-paragraph 15 should read as follows: " 15) a cash and security loan operation, including interest on them, as well as REPO transactions, including amounts payable for the provision of securities for REPO transactions. For the purposes of this chapter, the REPO operation recognizes a contract that complies with the requirements of the treaties under the Federal Law "On the securities market"; "; , in subparagraph 26, the word" (acquisition) "shall be replaced by the words" (acquisition) ". "(reassignment, acquisition)", after the words "obligations before" should be supplemented by the word "every"; 3), article 150, subparagraph 4, to read: " (4) cultural property acquired from the federal budget; of the constituent entities of the Russian Federation and local budgets, donated by State and municipal cultural institutions, State and municipal archives, as well as cultural property donated to institutions designated under Russian law The Federation has a special value for the cultural and national heritage of the peoples of the Russian Federation; "; In the sale of goods (works, services) for urgent transactions (transactions involving the supply of goods (performance, provision of services) upon expiration of the contract or contract specified directly in the contract (contract) value), financial instruments of urgent transactions not traded in an organized market, the tax base is defined as the value of these goods (works, services), the value of the base asset (for financial instruments of urgent transactions that do not apply to in the contract (contract), but not below their value, calculated on the basis of prices determined in a manner similar to that provided for in article 40 of this Code, in effect at the date of determination of the tax base established by article 167 of this Code, accounting for excise duties (for excisable goods) and without including tax. While implementing a base asset of financial instruments for urgent transactions in an organized market and involving the supply of a base asset (excluding the implementation of the base asset of option contracts (contracts), tax The base is defined as the cost by which the base asset should be implemented and which is determined in accordance with the terms of the financial instrument specification approved by the exchange. The determination of the tax base in the implementation of such a base asset is carried out at the date corresponding to the determination of the tax base established by Article 167 of this Code, taking into account the excise duty (for excisable goods) and without including them in them tax. When implementing a base asset of option contracts (contracts) that access an organized market and involve the delivery of a base asset, the tax base is defined as the cost to be implemented a base asset and which is determined in accordance with the terms of an approved exchange of financial instrument specifications of a fixed-term transaction, but not less than the value calculated on the basis of prices determined in accordance with article 40 of the present report Code in effect at the date when the tax was determined The basis established by Article 167 of this Code, including excise duties (for excisable goods) and without including tax. For the purposes of this chapter, the financial instrument of an urgent transaction means an exchange that defines the terms of the financial instrument of the urgent transaction. "; 5) Article 164, paragraph 1 (5), to state in the following (...) (...) The provisions of this subparagraph shall apply to space technology, space objects, objects of space infrastructure subject to mandatory certification in accordance with the legislation of the Russian Federation in the field of outer space. space objects, space objects, military and dual-use space facilities, work (services), carried out (provided) using equipment directly located in outer space outer space, including surface-controlled and/or Earth's atmosphere; work (services) on outer space exploration, and observation of objects and phenomena in outer space, including from the surface and (or) from the Earth's atmosphere; preparatory and (or) ancillary (co-) Land-based work (services), technologically related (needed) and intrinsically linked to work (service provision) on space exploration and (or) work (service delivery) with the use of technology directly in outer space; "; 6) Article 165, paragraph 7, subparagraph (4), should read: " 4) certificate (copy thereof) issued in accordance with the legislation of the Russian Federation on ongoing space technology, including space objects, objects space infrastructure (goods) and, in the case of space technology applications, including space objects, military and dual-use space infrastructure (goods), a certificate (copy thereof) issued by the military Representatives of the MFA of the Russian Federation to the constituent members of the Federation Article 170, paragraph 4, add the following paragraphs: "In order to calculate the proportion referred to in paragraph 5 of this paragraph, the cost of financial instruments of urgent transactions is adopted with respect to financial instruments of urgent transactions" Transactions involving the supply of a core asset, determined by the rules established by article 154 of the present Code, subject to the shipment (s) of the underlying asset of the relevant financial instruments of urgent transactions in the tax period, the amount net income received by the taxpayer in the current tax Financial instruments for immediate transactions as a result of the performance (cessation) of non-implementation of the base asset (including the amounts received for the variability and award), including amounts of cash, which are to be obtained from such liabilities in future tax periods, if the date of the determination (s) of the relevant right of the financial instruments of the urgent transactions took place in the current tax period. In the calculation of the proportion referred to in paragraph 5 of this paragraph, organizations performing clearing operations on the securities market (activities to determine (reconcile) the obligations of the exchange trades and (or) Trading of securities market organizers under civil and legal contracts, the subject of which is the goods or foreign currency of the financial instruments of urgent transactions, as well as the security and (or) control of their execution (hereinafter referred to as "the present") Code-clearing organizations), do not take into account transactions with securities, Financial instruments of urgent transactions, other transactions on which such clearing organization is a party for the purpose of their clearing, as well as transactions carried out by the clearing organization in order to ensure the performance of the obligations (8) Article 210, paragraph 5, to read: " 5. Income (expenses incurred for subsections 214-1, 214-3, 214-4, 218-221 of this Code) of the taxpayer expressed (nominated) in foreign currency are converted into rubles at the official exchange rate of the Central Bank The Russian Federation, established on the date of the actual receipt of the said income (date of actual cost). "; 9), in article 212: (a), paragraph 1, subparagraph 3, should read: " 3) securities, financial transactions ";"; b), paragraph 4 should be redrafted to read: " 4. When the taxpayer receives income in the form of the material benefit referred to in paragraph 1 (3) of this article, the tax base is defined as the excess of the market value of securities, financial instruments for urgent transactions over the amount of the taxpayer's actual expenditure on their acquisition. For purposes of this article, the cost of acquisition of securities that are the basis of the option contract shall include the amounts paid to the seller for securities under such a contract, as well as the amounts paid, and option margin on option contracts. Material benefit does not arise when a taxpayer is purchased for the first or second part of the repo, subject to the performance of the parties ' obligations in the first and second parts of the repo, and in the case of a properly executed the termination of the obligations of the first or second part of the repo on grounds other than the proper performance, including the set-off of counterpart requirements arising from another operation of the REPO. The market value of securities that are traded on an organized market is determined on the basis of their market price, subject to the limits of its fluctuation, unless otherwise specified by this article. The market value of securities not traded in an organized securities market is determined on the basis of the estimated price of the securities, taking into account the limits of its fluctuation, unless otherwise specified by this article. The procedure for determining the market price of securities, the estimated price of securities, as well as the procedure for determining the threshold limit for fluctuations in the market price, shall be set for the purposes of this chapter by the federal executive branch of the market. of the Russian Federation, subject to the provisions of this paragraph. The last estimated value of an investment share is recognized as the price of an investment pap of a closed investment fund (an interval mutual fund) that is not traded in an organized securities market, In accordance with the legislation of the Russian Federation on investment funds, without regard to the limit boundary, a certain management company, which is the trustee of the property, is a mutual asset fluctuations in the estimated price of the securities. The Market Value of the Investment Fund (s) of the investment fund (which is an applicant and is not traded on an organized market), if it is acquired by the managing company, which is in trust The property forming the corresponding mutual investment fund shall be recognized as the last estimated value of an investment fee determined by the said management company in accordance with the laws of the Russian Federation on investment funds. fund, excluding market or estimated price fluctuations Security. If, in accordance with the legislation of the Russian Federation on investment funds, the issuance of an investment payoff of a mutual investment fund, which is limited in turnover, is not carried out at the estimated value of the investment paev, market price. The value of such an investment is recognized as the amount of money to which one investment share is issued and which is determined in accordance with the rules of trust management of the mutual funds investment fund, excluding the limit boundary fluctuations. The market value of an open mutual fund investment fund is recognized as the last estimated value of the investment paw identified by the asset management company, in accordance with the legislation of the Russian Federation on investment funds, without taking into account the threshold limit of fluctuations in the market price of securities. The market value of the financial instruments of urgent transactions in the organized market shall be determined in accordance with article 305, paragraph 1, of this Code. The market value of financial instruments for urgent transactions not traded in an organized market is determined in accordance with article 305, paragraph 2, of this Code. "; 10) in article 214-1: a) in paragraph 1: in the first paragraph of the first word, "the base asset on which securities or stock indexes, calculated by the trade organizer in the securities market", are replaced by the words "in the organized market"; paragraph Fourth, amend to read: " with financial resources The instruments of urgent transactions in an organized market with securities or equity indexes calculated by the securities market organizers or other financial instruments of urgent transactions, the core asset of which are securities or stock indices calculated by the trading organizers in the securities market; "; to add a new paragraph to the fifth paragraph, to read: " with financial instruments of the urgent Transactions in an organized market with a core asset is not a securities or stock index calculated by trading organizers in the securities market, as well as with financial instruments of urgent transactions, the base of which is other financial instruments of urgent transactions, the base the asset of which is not securities or stock indexes calculated by the securities market organizers; "; paragraph 5 is considered paragraph 6; paragraph 6 is considered paragraph 7 and the word" core " in the paragraph. asset for which securities or stock indexes are calculated by the trade organizers in the securities market "to replace the words" in the organized market "; b) paragraph 2, paragraph 2, amend to read: " For the purposes of this chapter, Transactions are understood to be agreements of the parties involved in urgent transactions that meet the requirements established by Article 301 of this Code. "; ), the first paragraph 5 after the word" defines "should be supplemented with the words" for each operation with financial resources ". The instruments of urgent transactions referred to in paragraph 1 of this article, "; 11) Article 214-1 should read: " Article 214-1. { \b } { \b } { \b } { \b Database } { \b } { \b } { \b } { \b } { \b } { \b } { \b When defining a tax base for securities transactions and transactions with financial instruments, the proceeds from the following transactions are accounted for: 1) with securities that access organized securities market; 2) with securities not traded in an organized securities market; 3) with financial instruments for urgent transactions in the organized market; 4) c Financial instruments for urgent transactions that do not come in the formal market. 2. The attribution of civil rights to securities is established by the legislation of the Russian Federation and the applicable laws of foreign States. 3. The securities in the organized securities market, for the purposes of this chapter, include: 1) securities that were admitted to the bidding of the Russian trading organizer on the securities market, including on the stock exchange; (2) Investment shares of open mutual investment funds managed by Russian management companies; 3) securities of foreign issuers admitted to foreign stock exchanges. 4. The securities referred to in paragraph 3 of this article (with the exception of the investment shares of open mutual funds managed by Russian managers) for the purposes of this chapter are securities; that apply to an organized market of securities if they are based on a market price quote. Under the market quote, the securities are understood to be: 1) the weighted average of the value of the securities on transactions conducted during one trading day through the Russian organiser of the securities market, including the stock exchange, for securities in the securities market, on the stock market; (2) the value of the securities closing, calculated by the foreign exchange for one trading day through this exchange, for the securities that were admitted to the foreign stock exchange. 5. For the purposes of this chapter, the financial instrument of urgent transactions is recognized as a derivative of the financial instrument in accordance with the Federal Law "On the securities market", with the exception of a treaty providing for the obligation of the parties or the parties to the treaty periodically or in a single payment of sums of money in the event of claims by the other party, depending on the change in the values of the official statistical information from the occurrence of the circumstances, non-default or inadequate performance by one or more legal entities, States or municipal entities of their obligations, from physical, biological and (or) chemical environmental indicators, from other circumstances which are not expressly provided for above the Federal Law, as well as from changes in the values of the values determined on the basis of the totality of the indicators referred to in this paragraph. The dispatch of financial instruments for urgent transactions to the traded market shall be carried out in accordance with the requirements set out in article 301, paragraph 3, of this Code. For the purposes of this chapter, non-market transactions that do not apply to an organized market are included in financial instruments of urgent transactions that do not apply in an organized market. 6. For the purposes of this chapter, securities are also deemed to be realized (acquired) in the event of termination of the taxpayer's obligations to transfer (accept) the relevant securities with oncoming uniform requirements, including OF THE PRESIDENT OF THE RUSSIAN FEDERATION One recognizes the requirements for the transfer of the same amount of securities rights of one issuer, one type, one category (type) or one mutual investment fund (for investment mutual funds of mutual funds). [ [ Uniform provisions]] should be consistent with the laws of the Russian Federation to be confirmed by documents on the termination of the obligations of transfer (acceptance) of securities, including reports from clearing services. organizations, persons carrying out brokering activities or managers who, in accordance with the legislation of the Russian Federation, provide the taxpayer with clearing, brokerality or trust management for the benefit of the taxpayer. 7. For the purposes of this article, the proceeds of securities are recognized as income from the purchase and sale of securities received in the tax period. The interest income (coupon, discount) received during the tax period is included in the proceeds of securities transactions, unless otherwise provided for in this article. Revenue of transactions with financial instruments of urgent transactions is recognized as income from the implementation of financial instruments of urgent transactions received in the tax period, including the received amounts of the variable margin and the awards on contracts. The income derived from transactions with the basic asset of the immediate transactions financial instruments shall be recognized as income derived from the supply of a basic asset in the execution of such transactions. Revenues for securities trading and non-trayable securities with financial instruments for urgent transactions made and not traded in an organized market The trustee (except for the management company, which is the custodiator of the assets in the mutual fund) in favour of the beneficiary, is included in the income of the beneficiary the operations described in paragraphs 1 to 4 of paragraph 1 of this article, respectively. 8. Income for transactions with basic assets of fixed-transaction financial instruments is included: 1) in securities transactions, if the underlying asset of the financial instruments of urgent transactions is securities; 2) in Proceeds of transactions with financial instruments of urgent transactions, if the basic asset of financial instruments of urgent transactions are other financial instruments of urgent transactions; 3) to other income of the taxpayer, depending on the type if the base asset of a financial instrument of urgent transactions are not securities or financial instruments of urgent transactions. 9. The inclusion of the proceeds for transactions with the basis asset in the proceeds of securities transactions and in the proceeds of transactions with financial instruments of the urgent transactions referred to in paragraphs 1 and 2 of paragraph 8 of this article shall be subject to Relevant securities and financial instruments of urgent transactions of the requesting or not being traded on an organized market. 10. For the purposes of this article, the costs of transactions with securities and transactions with financial instruments of urgent transactions are recognized as documented and actually implemented by the taxpayer relating to: The acquisition, sale, storage and repayment of securities with the commission of transactions with financial instruments of urgent transactions, with execution and termination of obligations on such transactions. The costs include: 1) the amount paid to the issuer of the securities (management company of the mutual fund) to pay for the issued (issued) securities, as well as the amounts paid under the contract Purchase and sale of securities, including the amount of coupon; 2) the amount of the variation margin and (or) the award of contracts, as well as other periodic or one-off payments provided for in the terms of the financial instruments of urgent transactions; 3) payment for services rendered by professional market participants securities, as well as exchange brokers and clearing centres; 4) allowance paid by the management company of the mutual fund for the purchase of an investment payee of a mutual investment fund, as defined in of the Russian Federation on investment funds; 5) a discount paid by the management company of the mutual investment fund in the payment of the investment payoff of the mutual fund, defined in of the Russian Federation on investment funds; 6) the costs reimbursed to a professional participant in the securities market, the managing company, which is the trustee of the assets of the mutual trust fund; 7) exchange fee (commission); 8) payment for registry services; 9) the tax paid by the taxpayer on the basis of inheritance; 10) the tax paid by the taxpayer in the course of receipt equity of shares, in accordance with article 217, paragraph 18-1 of the present Code; 11) the interest paid by the taxpayer on loans and loans received for securities transactions (including interest on loans and loans for margin transactions), within the amounts calculated The interest rate of the Central Bank of the Russian Federation increased by 1.1 times, for loans and loans expressed in roubles, and 9 per cent for loans and loans expressed in foreign currency; 12) other costs directly related to securities transactions, with financial instruments of urgent transactions, as well as expenses related to the provision of services by professional participants of the securities market, managers of companies that carry out trust management of property, as part of a mutual investment fund, in the framework of their professional activities. 11. The recording of expenditures for transactions with securities and transactions with financial instruments of urgent transactions for the purposes of determining the tax base for the transactions concerned shall be carried out in the manner established by this article. 12. For the purposes of this article, the financial result for securities transactions and transactions with financial instruments of urgent transactions shall be defined as the proceeds of the transactions, less the relevant expenses referred to in paragraph 10 of this article. However, expenses that cannot be directly attributed to the reduction in the income of securities or transactions with financial instruments of urgent transactions that are or are not traded on an organized market, or a decrease in the corresponding income distribution, is distributed in proportion to the share of each income. The Financial result shall be determined for each operation and for each set of operations specified in paragraphs 1 to 4 of paragraph 1 of this article. The financial result shall be determined at the end of the tax period, unless otherwise specified in this article. The financial result of transactions with financial instruments of urgent transactions that are treated in an organized market and the underlying asset of which are securities, stock indices or other financial instruments of urgent transactions, base of which securities or equity indexes are an asset, and transactions with other financial instruments of urgent transactions in an organized market are defined separately. Negative financial result obtained in the tax period on individual transactions with securities, financial instruments of urgent transactions, reduces the financial result obtained in the tax period in aggregate the relevant operations. In the case of securities transactions in the organized securities market, the sum of the negative financial result, which reduces the financial result of transactions with securities in the organized market, is determined by the threshold limit of fluctuations in the market price of securities. When supplying securities that are traded on an organized market of securities that are the core asset of a financial instrument of urgent transactions, the financial result of transactions with such a base asset on the taxpayer that is engaged in This is determined on the basis of the price under which the securities are delivered in accordance with the terms of the contract. Negative financial result obtained in the tax period for individual securities transactions that do not apply to an organized market of securities that, at the time of acquisition, were treated as securities In an organized securities market, it can reduce the financial result obtained in the tax period for securities transactions that are traded on an organized securities market. The Negative financial result for each set of transactions referred to in paragraphs 1 to 4 of paragraph 1 of this article shall be recognized as a loss. The loss of securities and transactions with financial instruments of urgent transactions shall be in accordance with the procedure established by this article and by article 220-1 of the present Code. 13. The characteristics of the determination of income and expenditure for the determination of the financial result of securities transactions and transactions with financial instruments of urgent transactions shall be established by this paragraph. In determining the financial result for securities transactions, the proceeds from the sale (repayments) of state treasury bonds, bonds and other government securities of the former USSR, Russian Federation and The constituent entities of the Russian Federation, as well as bonds and securities issued pursuant to the decision of representative bodies of local self-government, are taken into account without the interest (coupon) of income paid to the taxpayer, which is subject to a different rate, than provided for in article 224, paragraph 1, of this Code, and payment with the conditions for the release of such securities. When the security is implemented, the cost of purchasing securities is recognized as the cost of the first acquisition time (FIFO). If the issuer had an exchange (conversion) of shares in the implementation of the shares received by the taxpayer as a result of exchange (conversion), as documented expenses of the taxpayer The costs of acquiring the shares that the taxpayer owned prior to their exchange (conversion) are recognized. When implementing shares (shares, pans) received by the taxpayer in the reorganization of the organizations, the cost of their acquisition is recognized in accordance with article 277, paragraphs 4 to 6, of this Code, provided that Documentary confirmation by the taxpayer of the costs of the acquisition of shares (shares, shares) of the organizations being reorganized. In case of exchange (conversion) of investment mutual funds of one mutual investment fund executed by the taxpayer with the Russian control company, which is implemented by the taxpayer, The time of exchange (conversion) for the management of these funds, the financial result of such an operation is not determined until the moment of implementation (repayments) of the investment payers obtained through exchange (conversion). When implementing (repaying) the investment payers obtained by the taxpayer as a result of such exchange (s), the documented expenditure of the taxpayer is recognized as the cost of the investment of the investment payees. The taxpayer owned the taxpayer before their exchange (conversion). When implementing (repaying) investment payers acquired by the taxpayer in the introduction of property (property rights) in the composition of the mutual investment fund, the cost of purchasing these investment mutual funds is recognized as documentary The confirmed expenditure for the acquisition of property (property rights) made in the mutual investment fund. If the taxpayer was purchased in the property (including pro bono or partial payment or in the form of gift or inheritance) securities, The purchase and sale (repayments) of securities as documented expenditures for the acquisition (receipt) of these securities shall take into account the amounts from which the acquisition (acquisition) of the securities has been paid and the amount tax paid by the taxpayer. If, upon the receipt of a taxpayer of securities or inheritance, the tax in accordance with paragraphs 18 and 18-1 of Article 217 of this Code is not levied on the taxation of the proceeds of the sales (repayments). The securities received by the taxpayer by way of donation or inheritance shall also take into account the documented costs of the donor (the testator) for the acquisition of these securities. On the issue and settlement of investment mutual funds of mutual funds, the managing company, which is the trustee of the assets that make up the mutual fund of the mutual investment fund, is recognized by the market price The estimated value of the investment fund determined by the managing company in accordance with the laws of the Russian Federation on investment funds, without taking into account the limit of fluctuations. If, in accordance with the Russian Federation's legislation on investment funds, the repayment of investment mutual funds, limited in turnover, is not based on the estimated value of the investment market, the market and the market. The price of such an investment payout is recognized as the amount of the monetary compensation payable in respect of the payment of the investment funds in accordance with the laws of the Russian Federation on investment funds, without taking into account the limit of fluctuations. If in accordance with the legislation of the Russian Federation on investment funds, the issue of investment mutual funds limited in turnover is not carried out at the estimated value of the investment paor, market price. The price of such an investment is recognized as the amount of money to which one investment share is issued and which is determined in accordance with the rules of trust management of the mutual funds, without taking into account the limit of hesitation. While buying and selling investment payrolls of mutual funds in the organized market, the price of the investment share of the organized market is recognized by the market price, taking into account the limits of fluctuations market price of securities. During the purchase and sale of investment epiev investment funds that are not traded in an organized market, the market price of an investment pay is recognized the price to be determined for such shares in accordance with Article 212, paragraph 4, of the Code. The amounts paid by the taxpayer for the acquisition of a basic asset of financial instruments for urgent transactions, including for the purchase of an urgent transaction, are recognized as the costs of the supply (subsequent implementation) of the base asset. The amounts paid by the taxpayer for the purchase of securities that are subject to the partial settlement of the nominal value of the security during the period of its circulation are recognized as expenses in such partial settlement In proportion to the share of the proceeds of partial discharge, in the total amount to be paid. 14. For the purposes of this article, the tax base for securities transactions and transactions with financial instruments of urgent transactions is recognized as having a positive financial result in connection with the relevant transactions, calculated for the tax period, in accordance with paragraphs 6 to 13 of this article. The Tax base for each set of operations referred to in paragraphs 1 to 4 of paragraph 1 of this article shall be determined separately, subject to the provisions of this article. 15. The amount of losses on securities transactions that are traded on the organized securities market that result from these transactions in the tax period reduces the tax base for operations with financial instruments Transactions in an organized market whose core asset is securities, stock indices or other financial instruments of urgent transactions with securities or equity indexes. The sum of the securities transactions that access the organized market of securities obtained from the specified transactions during the tax period, after the tax base has been reduced by financial transaction The instruments for urgent transactions in an organized market with securities, stock indexes or other financial instruments of urgent transactions with securities or equity indexes, shall be taken into account in accordance with paragraph 16 of this article and with article 220-1 This Code is within the tax base for securities transactions that are traded on an organized securities market. Amount of loss on transactions with financial instruments of urgent transactions in an organized market with securities, stock indexes or other financial instruments of urgent transactions, a base asset which are securities or stock indexes derived from these transactions during the tax period, following the reduction of the tax base for transactions with financial instruments of urgent transactions at organized the market, reduces the tax base for securities transactions, in the organized securities market. Amount of loss on transactions with financial instruments of urgent transactions in an organized market with securities, stock indexes or other financial instruments of urgent transactions, a base asset which are securities or stock indexes derived from these transactions during the tax period, following the reduction of the tax base for transactions with financial instruments of urgent transactions at organized and the tax base on securities transactions making up the The organized market of securities is taken into account in accordance with paragraph 16 of this Article and with Article 220-1 of this Code within the tax base of transactions with financial instruments of urgent transactions in an organized market. Amount of loss on transactions with financial instruments of urgent transactions in an organized market whose base asset is not securities, stock indices or other financial instruments of urgent transactions, base The assets of which are securities or stock indices resulting from these transactions in the tax period reduce the tax base for transactions with financial instruments of urgent transactions at organized market. Amount of loss on transactions with financial instruments of urgent transactions in an organized market whose base asset is not securities, stock indices or other financial instruments of urgent transactions, base which are securities or stock indices resulting from these transactions during the tax period, following the reduction of the tax base for transactions with financial instruments of urgent transactions coming to the the organized market shall be accounted for in accordance with paragraph 16 of this article and with Article 220-1 of this Code, within the tax base for transactions with financial instruments of urgent transactions in an organized market. If, in the tax period, the taxpayer received a loss in a set of transactions with securities in the organized securities market, and a loss in combination of transactions with financial instruments of urgent transactions, Such losses shall be accounted for separately in accordance with paragraph 16 of this article and with article 220-1 of this Code. The provisions of this paragraph shall apply to the determination of the tax base at the end of the tax period. (The seventy-eighth paragraph is no more effective-Federal Law of 28.12.2010. N 395-FZ) 16. Taxpayers who have suffered losses in previous tax periods in transactions with securities trading in the securities market, from transactions with financial instruments of urgent transactions in an organized market, has the right to reduce the tax base for securities transactions in the organized securities market, on transactions with financial instruments of urgent transactions in the organized market, respectively in the current tax period the amount of the loss or part of the loss or damage future periods). However, the tax base of the current tax period shall be determined on the basis of the features provided for in this Article and Article 220-1 of this Code. The amounts of losses received for securities transactions that are traded on an organized market for future periods reduce the tax base of the respective tax periods in such transactions. Amount of loss earned on transactions with financial instruments of urgent transactions in the organized market that were carried forward decreases the tax base of the respective tax periods on transactions with financial transactions. The instruments of urgent transactions in the organized market. Not allowed for future periods of losses received for securities transactions that do not apply to the organized market of securities and transactions with financial instruments of urgent transactions that do not apply to the organized market. The Taxpayer is entitled to transfer the loss for future periods within 10 years following the tax period in which the loss occurred. The Taxpayer is entitled to transfer to the current tax period the amount of losses received in previous tax periods. At the same time, a loss not carried over the next year may be deferred, in whole or in part, for the following year over the next nine years, subject to the provisions of this paragraph. If the taxpayer has suffered losses in more than one tax period, the transfer of such losses for future periods is made in the order in which they are incurred. The Taxpayer is obliged to keep documents confirming the amount of damages sustained over the entire period of time when it reduces the tax base of the current tax period to the amount of the previously received damages. The loss in accordance with article 220-1 of this Code is incurred by the taxpayer when submitting the tax return to the tax authority at the end of the tax period. 17. The tax base for securities transactions and transactions with financial instruments of urgent transactions carried out by the trustee is determined in accordance with the procedure set out in paragraphs 6 to 15 of this article, taking into account the requirements of the present article. of the paragraph. Amounts paid under the trustee of the trustee in the form of compensation and compensation of incurred expenses incurred on transactions with securities, financial instruments of urgent transactions, are recorded as expenses that reduce the revenue from the transactions concerned. However, if the founder of the fiducials is not a beneficiary of the trust management agreement, such expenses are incurred in calculating the financial result only from the beneficiary. If the trust agreement provides for multiple benefits, the distribution of income between them on transactions with securities and/or transactions with financial instruments of urgent transactions The trustee in favour of the beneficiary is based on the terms of the trustee. If, in the case of trust management, transactions are made with securities that come in and (or) are not traded in an organized securities market, and (or) with financial instruments of urgent transactions, where and (or) are not traded in an organized market, and if other types of income (including dividends, interest) arise in the trust management process, the tax base is determined separately for transactions with securities by accessing or not being traded on an organized securities market, by Transactions with financial instruments of urgent transactions that are either not being traded on the organized market and for each type of income, subject to the provisions of this article. At the same time, expenses that cannot be directly attributable to the decrease in the income of securities transactions that are or are not being traded on an organized securities market or to a decrease in income from transactions with financial transactions The instruments of urgent transactions that come or are not traded in an organized market or to reduce the corresponding income are distributed in proportion to the share of each type of income. The Negative financial result for individual security transactions carried out by the trustee in the tax period reduces the financial result of the corresponding transactions. The financial result is determined separately for transactions with securities in the organized market and for securities transactions that do not apply to the organized securities market. The Negative Financial Result for Individual Transactions with Financial Instruments of Urgent Transactions, which are executed by the trustee in the tax period, reduces the financial result of the corresponding transactions. The financial result is determined separately for transactions with financial instruments of urgent transactions in an organized market and transactions with financial instruments of urgent transactions that are not traded on the organized market. (Paragraph 90-hundred-and-ninth-expired-Federal Act No. N 306-FZ) 19. The peculiarities of the tax base for repo transactions with securities and loans of securities are set by Articles 214-3 and 214-4 of this Code respectively. "; 12) to be supplemented by Articles 214 to 3 as follows: " Article 214-3. { \b Considerations for determining the tax base } { \b } { \b } { \b } { \b } { \b } { \b } { \b The tax base for repo transactions, the object of which is securities, shall be determined in accordance with this article. 2. The securities repo transactions for the purposes of this chapter are intended to be in conformity with the provisions of the first paragraph of article 282, paragraph 1, of this Code. For the purposes of this article, the performance of the second part of the repo, including those for REPO operations, the second part of which is due to the time of demand, shall be carried out not later than one year after the due date of the execution the first part of the REUP established by the treaty. For the purposes of this article, the dates on which the first and second parts of the repo are carried out shall be the dates of the actual performance by the participants of the REC operation of their obligations under the first and second parts of the REC, respectively. This applies the actual price of the implementation (acquisition) of the security, both for the first part of the repo and for the second part of REPO, regardless of the market price of such securities. The prices of the implementation (acquisition) of the securities on both sides of the REPO are based on the accumulated interest (coupon) income on the date of each part of the repo. For the purposes of this article, the second part of the REPA is deemed to be unreliable if at the end of the second part of the repo, and after the expiry of the first part of the repo in the case of If the period of performance of the second part of the repo is determined by the time of demand, the obligation for the second part of the REC is not terminated in whole or in part. In the event of improper performance (non-performance) of the second part of the repo, the repo transactions take into account the proceeds of the implementation (acquisition costs) of the first part of the repo in accordance with the procedure established by article 214-1 of this Code; Unless otherwise specified by this article. At the same time, the proceeds of the implementation (acquisition costs) of the first part of the REC are recorded on the date of implementation of the first part of the REC based on the market prices of securities and, in the absence of market prices, based on the estimated prices. For the purposes of this article, the market price and the estimated price of the security shall be determined in accordance with article 280, paragraphs 5 and 6, of the present Code. The price of acquisition of securities and the amount of accumulated interest (coupon) income on the date of the first part of the repo for taxation of income from the subsequent realization of the repo will not change in the course of the repo operation. The purchase of securities in the second part of the repo. In the implementation of the securities in the first and second parts of the repo, the tax base is not defined in accordance with article 214-1 of this Code. If the obligations of the repo transactions are terminated, the tax procedure established by this article shall not be changed. Homogeneous is the requirement for the transfer of the same amount of securities of one issuer, one type, one category (type) or one equity investment fund (for mutual investment mutual funds), as well as Cash requirements in the same currency. In the case of a period between the dates of the first and second parts of the repo, the conversion of the securities that are the object of the REPO operation, including the fragmentation or consolidation, or the change of their nominal value, shall be converted into cost, or cancellation of an individual issue (code) for the additional release of such securities or change of the individual state registration number of the issue (individual number (s) of the supplementary issue), of the individual identification number (s) of the additional of such securities, these circumstances do not change the taxation of the operation of the repo established by this article. 3. If, prior to the date of the second part of the repo, the seller delivered the first part of the REPO to the buyer in exchange for the first part of the repo, in exchange for the securities transferred to the first part of the repo, or the securities to which they were converted, other securities, the tax base for transactions with securities transferred (received) for the first part of the repo and the securities transferred (received) as a result of exchange are determined in accordance with the procedure established by article 214-1 of this Code for the sale of securities paper. The first part of the repo accepts: revenue (loss) from the sale of securities transferred to the first part of the REP calculated on the date of implementation of the first part of the REP based on the market price of the securities that are the object repo transactions, and in the absence of the market price of securities-based on their estimated price; revenue (loss) from acquisition of securities transferred to the first part of the repo calculated on the date of exchange of securities based on the market price of the securities the paper that is the object of the repo operation and, in the absence of the market price of the securities, On the basis of their estimated price; revenue (loss) from the sale of securities transferred in exchange for securities transferred in the first part of the repo, or on securities to which they are convertible, calculated on the date of exchange of securities On the basis of the market price of the securities transferred in exchange, and in the absence of the market price of the securities-on the basis of their estimated price. Buyers for the first part of the REPO recognize: revenue (loss) from the acquisition of securities received in the first part of the REP calculated on the date of the first part of the REP based on the market price of the securities that are the object of the repo operation, and in the absence of the market price of the securities-on the basis of their estimated price; revenue (loss) from the sale of securities obtained from the first part of the repo calculated on the date of exchange of the securities based on the market price the securities that are the subject of the repo operation, and in the absence of the market price of the security, On the basis of their estimated price; income (loss) from the acquisition of securities acquired in exchange for securities transferred in the first part of the repo, or on securities to which they are convertible, calculated on the date of exchange of securities On the basis of the market price of the securities transferred in exchange, and in the absence of the market price of the securities-on the basis of their estimated price. For the purposes of this article, a negative financial result shall be recognized as determined in accordance with article 2214, paragraph 12, of the present Code. 4. For the purpose of this article, for the first part of the repo, the difference between the purchase price of the second portion of the repo and the price of the first part of the RAP is recognized as the interest earned on the loan, of the securities provided, which are included in the income of the taxpayer received by the REPO operation-if the difference is negative; the interest paid on the loan received in cash The scope of the REPO operation, which is taken to reduce the revenue generated by the REPO operations, as well as the proceeds for the sale of securities traded in an organized securities market-if the difference is positive. (Spconsumed by Federal Law of 28.11.2011) N 338-FZ) 5. For the purpose of this article, the difference between the price of the second portion of the repo and the purchase price of the first part of REPE is recognized to the buyer for the first part of the REPE: the interest on the loan; provided by the monetary funds, which are included in the income of the taxpayer received by the REPO operations-if the difference is positive; the interest paid on the loan received by the securities in The scope of the REPO operation, which is taken to reduce the revenue generated by the REPO operations, as well as the proceeds for transactions with securities contracted under REPO operations (short-position operations, loan transactions with the said securities), if the difference is negative. (Spconsumed by Federal Law of 28.11.2011) N 338-FZ) 6. The tax base for REPA operations is defined as interest income on loans received in the tax period, as a set of repo transactions, reduced by the amount of interest on loans paid in the tax period in aggregate REPES, bearing in mind the provisions of paragraph 4 of paragraph 4 and paragraph 4 of paragraph 5 of this article. If the magnitude of the costs referred to in this paragraph, subject to the provisions of paragraph 4 of paragraph 4 and paragraph 4 of paragraph 4 of this article, exceeds the amount of income specified in this paragraph, the tax base for The transactions of which the securities are subject are recognized as zero in the relevant tax period. However, the excess of expenditure referred to in this paragraph, subject to the provisions of paragraph 4 of paragraph 4 and of paragraph 5 of this article, shall be taken over the income referred to in this paragraph; Reduction of income received by the taxpayer in the same tax period as in the third paragraph of paragraph 4 and in paragraph 5 of this article, respectively, in proportion to the value of the securities that are the object of the repo operations on the organized securities market and the value of the securities that are the subject of REPO operations that do not apply to the organized market of securities, in the total value of the securities that are the object of the REPO operations. The value of the securities used to determine the specified proportion is determined in accordance with article 280, paragraphs 5 and 6, of this Code. 7. The repo transaction, the right to which the buyer was entitled under the first part of the REPO between the dates of the first and second parts of the repo, may be taken to reduce the amount of cash payable the seller for the first part of the repo, followed by the purchase of the second part of the repo, or listed by the buyer for the first part of the repo, according to the first part of the repo. In these cases, such payments are not recognized by the buyer's income in the first part of the repo and are included in the seller's income for the first part of the repo. Percentage (coupon) income is taken into account when calculating the sales tax base for the first part of the repo, taking into account the provisions of Article 214-1 of this Code and is not taken into account in determining the tax base of interest (coupon) income which is the object of the REPO operation, the buyer in the first part of the repo. The taxation of income determined by this paragraph shall be based on the tax rates established by article 224 of this Code. The provisions of this paragraph do not apply to the seller for the first part of the repo if the securities sold are obtained from another repo transaction or a security operation. 8. If, between the dates of the first and second parts of the repo repo, a coupon payment (partial payment of the nominal value of the securities) is made, such payments, if provided for by the contract, change the price of implementation (acquisition) for the second part of the repo, used in the calculation of income (s) in accordance with paragraphs 4 and 5 of this article. In case the contract does not include coupon payments (partial satisfaction of the nominal value of securities) in the calculation of the sales price (acquisition) for the second part of the repo, such payments do not affect the amount of income The Conference of the Parties, 9. In the case where the contract is to be implemented between the dates of the first and second parts of the repo repo (cash transfer and (or) transfer of securities) between the participants of the repo transaction in the event of a change in the price of a valuable asset. The records that are the object of the REPO operation, or in other cases provided for by the contract, shall, unless otherwise provided by the contract, modify the price of the implementation (acquisition) of the second part of the repo used in the calculation of income (s), to be determined in accordance with paragraphs 4 and 5 of this article. Receive (transfer) of money and securities by the participants of the repo operation in case of change in the price of securities that are the subject of the REPO operation or otherwise provided by the contract is not a basis for adjustment The amount of the income (s) of income (expenditure) as interest determined in accordance with paragraphs 4 and 5 of this article. 10. For the purposes of this article, the date of receipt (cost) of the REPO operation is the effective date (cessation) of the obligations of the participants in the second part of the REC, taking into account the characteristics set out in paragraphs 4 and 5 of the present exercise. articles. 11. In the event of improper fulfilment of the second part of the repo, the procedure established by the treaty for the settlement of mutual claims may be applied. The procedure for the settlement of mutual claims in the improper performance (non-performance) of the second part of the RERs should provide for the obligation of the parties to complete the mutual settlements of the contract within 30 calendar days after the date of completion of the contract. THE duration of the second part of the repo. In the course of the execution of the procedure established by the contract for the settlement of mutual claims meeting the requirements set out in this paragraph, the tax base for the operation of the repo is determined in the following order: The first part of the repo takes into account, for purposes of taxation, the income (s) referred to in paragraph 4 of this article, in the manner prescribed by paragraph 4 of this article and income (loss) from the sale of securities not purchased in the second part of the repo, Settlement of claims based on the date of completion of the settlement of mutual claims from the market price of the securities that is the object of the REPO operation, and in the absence of a market price, based on the estimated price of the security that is the object of the REPO operation; the buyer in the first part of the REC accounts for the purposes the income (expenses) referred to in paragraph 5 of this article, in accordance with the procedure established in paragraph 5 of this article and income (loss) from the acquisition of securities not sold under the second part of the repo calculated on the date of completion of the procedure. the regulation of mutual claims based on the market price of the securities that is the object The repo transactions, and in the absence of a market price, are based on the estimated price of the security. Revenue (expenses) from the sale of securities is recognized for tax purposes in accordance with the procedure established by article 214-1 of the present Code. 12. For the purposes of this article, under the opening of a short position on securities (hereinafter referred to as the short position), which is the object of the REPO operation and the buyer in the first part of the repo, is understood to be the implementation of the taxpayer's value paper, if there is an obligation to return the securities received in the first part of the repo. Opening a short position is not: Realization of the security of the first or second part of the REPO; transfer of securities to the borrower (return of the borrower) under the securities loan contract; Securities on a recoverable basis in accordance with the conditions set out in paragraph 8 of this article; conversion of the securities that are the object of the REPO operation, including the fragmentation or consolidation or modification thereof nominal value or withdraw individual number (s) additional release of such securities or change of individual state registration number (individual number (code) of additional issue), individual identification number (individual number (s) The additional issue of such securities; the redemption of security rights in respect of securities of the Russian and/or foreign issuer (s) in obtaining securities; other disposal of securities whose income is not included in the The tax base. Opening a short position is subject to the lack of securities of the same issue (additional issue), investment shares of the same mutual investment fund in the property of the buyer under the first part of the repo, implementation that does not open the specified short position. 13. The closure of a short position shall be effected by acquisition (acquisition of a property on grounds other than the repo, the contract of the loan of securities, receipt on a recoverable basis, in accordance with the terms and conditions specified in paragraph 8 of this Regulation). Articles) of securities of the same issue (additional issue), investment mutual funds of the same mutual fund of investment fund, on which a short position is opened. The short position is closed until the acquisition of the same issue (additional release), investment shares of the same mutual fund by the buyer under the first part of the repo, followed by (immediate) Exclusion of which will not lead to the opening of a short position. The first is to close the short position that was opened by the first (FIFO method). The Closing of the short position on the basis of the performance of the second part of the REPA, accompanied by the opening of a short position, shall be executed in an extraordinary manner at the time of the performance of the obligations in the second part of the repo. 14. The sales tax base for opening short positions is defined in the following order. Revenue of operations related to the opening of a short position which is the object of the REPO operation shall be accounted for in accordance with the procedure established by article 214-1 of this Code, subject to the provisions of paragraph 3 of paragraph 5 of this article. When a short position is opened, followed by the closure of a short position in the cases provided for in paragraph 13 of this article, the proceeds of a new open short position are determined on the basis of market value (and, in the absence of such items, it is estimated). the value of the securities and the accrued interest (coupon) income on the date of its opening. Proceeds of short-position transactions are recognized for tax purposes when closing a short position. The costs of closing short positions and the costs associated with the acquisition and sale of securities are recorded for tax purposes in accordance with article 214-1 of the present Code. When a short position is opened, accompanied by the closure of a short position in the cases provided for in paragraph 13 of this article, the cost of the concealable position is determined on the basis of market value (and, if absent, at the estimated value) securities and accrued interest (coupon) income on the closing date of the short position. This does not include the amount of the accumulated (coupon) income previously recorded in the tax base. The costs of closing short positions are recorded for tax purposes at the closure of a short position. Between the opening and closing of the short position on repo transactions, the definition of the tax base does not take account of the sum of the accumulated (coupon) income of the securities on which a short amount is opened position. When closing a short position on repo transactions, the tax base does not include the interest (coupon) income in the amount of the difference between the accumulated interest (coupon) income on the closing date A short position (including the amount of interest paid by the issuer between the opening and closing dates of the short position) and the accumulated interest (coupon) income on the opening date of the short position. (Spconsumed by Federal Law of 21.11.2011). N 330-FZ ) 13) add the following article 214-4: " Article 214-4. { \b Considerations for determining the tax base } { \b } { \b Securities } { \b } { \b } The tax base for the loan transactions is determined in accordance with this article. 2. The transfer of securities in the loan shall be effected on the basis of a loan contract concluded in accordance with the legislation of the Russian Federation or the laws of foreign States meeting the conditions set forth in this paragraph (hereinafter referred to as "the law"). This article also includes a loan agreement. The procedure for determining the tax base established by this article applies to the loan transactions made at the taxpayer's expense by the agent, commissioner, trustee, trustee, acting on The basis of the civil contract, including through the trade organizer on the securities market (stock exchange). For the purposes of this chapter, the loan of a loan issued (received) of securities should provide for the payment of interest in monetary form. The interest rate or the order in which it is determined is determined by the terms of the loan contract. For the purpose of calculating interest, the value of the securities transferred under the loan contract, including the loan contract for the purpose of performing margin transactions, is taken to be equal to the market price of the relevant securities on the date of the conclusion of the loan contract, and The lack of a market price is the estimated price. For the purposes of this article, the market price and the estimated price of the security shall be determined in accordance with article 280, paragraphs 5 and 6, of this Code, respectively. In the case of a loan contract, the value of the securities transferred by the broker to the customer on the loan contract can also be determined (including on a periodic basis) by the rules of the evaluation of the broker's client The loans provided by the federal executive branch of the securities market. The value of the securities is determined on the basis of the last value of the securities calculated according to the specified rules on the trading day determined in accordance with the documents of the stock exchange. The loan date (s) is defined as the date on which the security was actually received by the borrower (creditor). For the purposes of this chapter, the loan contract issued (received) securities should not exceed one year. 3. The loan operation is considered to be unreliable in the following cases: if within the time specified by the loan return agreement, the obligation to return the securities has not been terminated in whole or in part; If the loan does not have a maturity date set (an open-ended loan contract) or the specified time period is determined by the time of demand, and within a year from the date the loan was granted, the securities were not returned by the borrower to the creditor; if the security obligation was terminated payment to the creditor of funds or transfer of other different property. In cases of improper performance (non-performance) of the loan operation, the transaction participants shall take into account the proceeds of the sale (acquisition costs) of the securities that are the subject of the loan, in the manner prescribed by article 214-1 of this Code, unless otherwise specified in this article. At the same time, the proceeds of sale (acquisition costs) of the securities that are the subject of the loan are taken into account on the date of issue of the loan based on the market prices of securities, and in the absence of market prices, based on the calculated prices. 4. In the transfer of securities in loan and in the return of securities from the loan, the tax base shall not be determined by the creditor pursuant to article 214-1 of this Code, except as provided for in this article. At the same time, the cost of the purchase of securities transferred under the loan contract is taken into account by the creditor at the further (after the return of the loan) of the said securities, taking into account the provisions of Article 214-1 of this Code. 5. Interest earned by a lender under a loan contract is included in the income of the taxpayer received on the loan transactions. The interest paid by the borrower under the loan contract is recognized as expenses within the amounts calculated on the basis of the interest rate of the refinancing rate of the Central Bank of the Russian Federation increased by a factor of 1.1. for interest expressed in rubles and 9 per cent for interest expressed in foreign currency. The interest charges paid under the loan are taken to reduce the income earned on the loan transactions and the proceeds of securities contracted under the loan (by transaction) sales in accordance with paragraph 8 of this article, on repo transactions with the said securities). The tax base for loan transactions is defined as interest income earned in the tax period by the sum of the loan contracts on which the taxpayer is a creditor, reduced by the amount of the expenses In the form of interest paid in the tax period by the sum of the loan contracts on which the taxpayer is a borrower, subject to the provisions of the second paragraph of this paragraph. If the value of the expenses referred to in this paragraph, subject to the provisions of the second paragraph of this paragraph, exceeds the value of the proceeds referred to in this paragraph, the tax base on the operation of the securities loan in the the corresponding tax period is recognized as zero. However, the excess of expenditure referred to in this paragraph, subject to the provisions of the second paragraph of this paragraph, shall be taken to reduce the income received by the taxpayer in the same paragraph. the sales tax period of securities transactions in the organized securities market, as well as transactions with securities that do not apply to the organized securities market, in proportion to the value of the securities market ratio of the value of securities that are the object of the loan transactions in the organized market of securities and the value of securities that are the object of the loan operations that are not traded on the organized securities market, in the total value of the securities that are the subject of the loan operations. The value of the securities used to determine the specified proportion is determined in accordance with article 280, paragraphs 5 and 6, of this Code. 6. Under the loan agreement, payments made by the issuer of the securities during the period of the loan contract may be taken to increase the amount of the money to be paid by the borrower to the lender, or to transfer the borrower to the creditor in accordance with The contract of the loan. Such payments are not recognized by the borrower's income and are included in the creditor's income. Percentage (coupon) is taken into account when calculating the tax base of the creditor, taking into account the provisions of Article 214-1 of this Code and is not taken into account in determining the borrower's tax base on interest (coupon) yield on securities, which is the object of the loan. The taxation of income determined by this paragraph shall be based on the tax rates established by article 224 of this Code. The provisions of this paragraph shall not apply to the creditor if the securities are obtained under another loan contract. 7. In the event of improper performance (non-performance) of the loan transaction, the settlement of mutual claims procedure established in the loan contract may be applied. The procedure for the settlement of mutual claims in the improper performance (non-performance) of the loan operation should include the obligation of the parties to complete the settlement of the loan within 30 Calendar days after the loan returns. The procedure for the settlement of mutual claims meeting the requirements established by this paragraph will determine the tax base for the loan operation in the following order: The creditor will recognize, for the purposes of taxation, the proceeds referred to in paragraph 5 of this article in the manner prescribed by paragraph 5 of this article and the income (loss) from the sale of securities not returned under the loan contract calculated on the date Completion of the settlement of mutual claims based on market conditions The value of the securities that is the subject of the loan operation, and in the absence of a market price, based on the estimated price of the security that is the subject of the loan operation; the borrower recognizes for the purposes of taxation the expenses referred to in paragraph 5 of this article, in accordance with the procedure set out in paragraph 5 of this article and the income (loss) from the acquisition of securities not returned under the loan contract, calculated on the date of completion of the settlement of reciprocal claims proceeding from the market price the securities that are the subject of the loan operation and, in the absence of a market price, based on the estimated value of the security. Revenue (expenses) from the sale of securities is recognized for tax purposes in accordance with the procedure established by article 214-1 of the present Code. 8. The implementation of the securities received under the loan contract is carried out on the condition that there is no securities of the same issue (additional issue), investment shares of the same mutual investment fund owned by the borrower. The proceeds for the sale of securities that are the subject of the loan transaction shall be accounted for in accordance with the procedure established in article 214-1 of this Code, subject to the provisions of paragraph 5 of this article. These revenues are recognized for tax purposes when the purchase of securities is reversed. The costs of the reverse acquisition of securities and the costs associated with the acquisition and sale of the securities are accepted for tax purposes in accordance with article 214-1 of the present Code. These costs are recorded for tax purposes when the purchase of securities is reversed. If you reverse the purchase of the security, the first is the cost of the security that was implemented first (FIFO). 9. In the event that the loan has been converted into a loan facility prior to the return of the loan, including the fragmentation or consolidation, or modification of their nominal value, or cancellation of the individual The number (s) of the additional issue of such securities or the change of the individual State registration number (individual number (s) of the supplementary issue), the individual identification number (individual identification number) the number (s) of the additional release of such securities specified by The circumstances do not change the tax procedure established by this article. 10. The proceeds related to the securities repo transactions are taken into account in accordance with the procedure established by article 214 to 3 of this Code. "; Replace the word "organizations" in the appropriate folder; 15) to supplement article 220-1 as follows: " Article 220-1. { \b Tax deductions for future } { \b } { \b } { \b } { \b } { \b } { \b } { \b } { \b } { \b } In determining the amount of the tax base in accordance with article 210, paragraph 3, of the present Code, the taxpayer is entitled to tax deductions for future periods of losses from securities transactions applying to the organized market of securities and with financial instruments of urgent transactions in the organized market. The postponement of losses from securities transactions and transactions with financial instruments of urgent transactions is carried out in accordance with article 214, paragraph 15, of the present Code. 2. Tax deductions for future periods of losses from securities transactions and transactions with financial instruments of urgent transactions are provided: 1) in the amount of losses derived from securities transactions, in the organized securities market. The tax deduction is made in the amount of the amount of losses actually received by the taxpayer from transactions with securities in the organized securities market, in previous tax periods within the size of the tax the basis for such operations; 2) in the amount of the losses received from transactions with financial instruments of urgent transactions in an organized market. This tax deduction is made in the amount of the amount of losses actually received by the taxpayer from transactions with financial instruments of urgent transactions in the organized market, in previous tax periods within the limits of the size the tax base for such operations. 3. The amount of tax deductions provided for in this article shall be determined on the basis of the amount of losses received by the tax payer in previous tax periods (within 10 years from the tax period for which the tax is determined). ). However, in determining the tax deduction in the tax period for which the tax base is determined, the amount of losses received by the taxpayer for more than one tax period is taken into account in the order of the tax base, The amount of the loss is in the amount of $1. The amount of tax deductions calculated in this tax period calculated in the current tax period cannot exceed the amount of the tax base determined by the relevant operations in that tax period. However, the amount of damages to the taxpayer not recorded in the tax deduction may be taken into account in determining the tax deduction in the following tax periods, subject to the provisions of this article. 4. In order to confirm the right to tax deductions for future periods of losses from securities transactions and transactions with financial instruments of urgent transactions, the tax payer submits documents confirming the amount of damages incurred in the transaction. The duration of the entire period when it reduces the tax base of the current tax period on the amount of losses previously received. 5. The tax deduction is provided on the basis of a written statement by the taxpayer when submitting the tax declaration to the tax authorities at the end of the tax period. "; In paragraph 2 of article 251: 17), the first paragraph should read: " 2. The tax base also does not take into account the revenue target (except for earmarked income in the form of excisable goods). These include earmarked funds for the maintenance and conduct of statutory activities by non-profit organizations on the basis of decisions of the public authorities and local authorities and decisions of the governing bodies. Public extrabudgetary funds as well as earmarked income from other organizations and/or individuals and used by designated recipients. At the same time, the payee payers of the specified proceeds shall maintain separate records of income (s) received (incurred) under earmarked income. "; b) to supplement subparagraph 16 as follows: " 16) property rights in the form of the right of free use of state and municipal property, obtained by decisions of state and local self-government bodies by non-profit organizations. of the Constitution. "; 18), article 253, paragraph 3, , to read: " 3. The peculiarities of the definition of expenditures of banks, insurance organizations, non-state pension funds, consumer cooperation organizations, clearing organizations, professional participants of the securities market and foreign organizations are established. subject to articles 291, 292, 294, 296, 297, 299, 300 and 307-310 of the present Code. "; in the form of surpluses as identified in the physical verification and (or) Property acquired during the dismantling or dismantling of fixed assets and the repair of fixed assets is defined as the amount of income recorded by the taxpayer in the manner provided for in paragraphs 13 and 20 of Part Two. Article 250 of this Code. "; 20) in article 258 (1): (a) the sixth paragraph should read: " capital investments made by the lessor with the consent of the lessor whose value is not recovered by the lessor, amortized by the lessee during the term of the contract Lease based on the amount of depreciation calculated on the basis of the useful life of the fixed assets or for the capital investments in the fixed assets according to the fixed asset classification, Russian Federation approved by the Government of the Russian Federation. "; b) paragraph 9, amend to read: " capital investments made by the organization, the organization of the court with the consent of the lender of the organization, the value of which is not reimbursed by the lender entity, depreciated for the duration of the contract of exchange, based on the amount of depreciation calculated on the basis of useful life, determined for the fixed assets received or for the capital assets In accordance with the classification of the fixed assets approved by the Government of the Russian Federation. "; the exception of advances issued (received) "; 22) paragraph 1, subparagraph 2 of article 268, supplemented by the words "as well as the sum of the expenses referred to in paragraph 2 of article 254, paragraph 2 of this Code"; 23) in article 271: (a) paragraph 3, add the following paragraphs: " Date The implementation of the securities owned by the taxpayer is also recognized as the date of the termination of the obligations for the transfer of securities to counter uniform claims. For the purposes of this chapter, the requirements for the transfer of the securities of the same issuer, one type, one category (type) or one mutual investment fund (for investment mutual funds) are uniform. (...) (...) [ [ Uniform provisions]] should be supported by documents in accordance with Russian legislation on termination of obligations on transfer (acceptance) of securities, including reports of clearing organizations, persons carrying out brokering activities or managers who, in accordance with the legislation of the Russian Federation, provide the taxpayer with clearing, brokerality or trust management for the benefit of the taxpayer. "; b) the first paragraph of paragraph 6 after the words "appropriate income at the end" to supplement the word "months"; 24) in article 272: (a) paragraph 7, subparagraph 7, after the words "disposals of securities" to be supplemented with the words ", including the date of the cessation of the transfer of securities In the first paragraph of paragraph 8, after the words "relevant expenditures at the end", add the word "months"; 25) to add paragraph 17 to read: " 17. The peculiarities of the tax base by clearing organizations are determined by the provisions of Articles 299-1 and 299-2 of this Code. "; 26) in article 275: (a) Paragraph 2 of paragraph 2 should read as follows: "is the total dividend to be distributed by the tax agent in favor of all recipients;"; b) to supplement paragraph 2-1 as follows: " 2-1. Upon receipt of income in the form of dividends on the property transferred to the fiducials, the founder (founders) of the fiducials (beneficiary) is recognized. Upon receipt of such income, if the trustee is a Russian organization and the founder (founders) of the trust management (the beneficiary) is a foreign person, the trustee is recognized as a tax agent in The ratio of dividends in the form of dividends on which the source of the dividend payment to the tax agent was not withholding tax or withholding tax in the amount less than the amount of the tax calculated on income in the form of dividends for the said foreign organization. "; 27) in article 280: a) in paragraph 2: paragraph 3 should be declared invalid; add the following paragraph: " For the purposes of this chapter, securities are also recognized as realized (acquired) in the event of termination of the taxpayer's obligations transfer the appropriate securities to counter-homogeneous claims, including in the event of termination of such obligations in the case of clearing in accordance with the laws of the Russian Federation. "; b) in the paragraph 3: subpara. 3 should be redrafted to read: "3), if in the last three months preceding the date of the taxpayer's transaction with these securities, the market price was calculated, if so provided by applicable law."; Paragraph 5 be worded as follows: " For the purpose of this paragraph, the applicable law is the law of the State in whose territory the securities are being treated (by a taxpayer) Transactions involving the transfer of property (...) (...) In cases where it is impossible to unambiguate, in the territory of which state were transactions with securities outside the organized market of securities, including transactions concluded through electronic trading systems, the taxpayer is entitled independently, in accordance with the accounting policy it has adopted for tax purposes, depending on the location of the seller or the buyer of the securities. "; , the first sentence of paragraph 4, set out the following revisions: " Market stock quote for the purpose of this chapter "The weighted average price of the securities on transactions conducted during the trading day through the Russian organiser of the securities market, including the stock exchange, is understood as a securities market organizer, for securities authorized to bid on such a trade organizer," the statement said. securities market, such stock exchange, or the value of the securities closing, calculated by the foreign exchange on transactions during the trading day through such a stock exchange, for securities of such stock exchange. "; g) in paragraph 5: in paragraph 3 of the last 12 months Replace the words "the last three months"; , paragraph 5, after the words "(acquisitions)", after the words "below the minimum" should be inserted after the words "(above maximum)". by the word "(maximum)"; with the following paragraph: " By transactions with investment shares of open mutual investment funds that come into the organized market of securities, including in the case of them (...) (...) The trustful management of the property forming this open mutual investment fund, the actual price of the transaction is taken for tax purposes, if it corresponds to the estimated value of the investment pay determined in order, of the Russian Federation's legislation on investment funds. "; u), paragraph 6 should read as follows: " 6. For securities not appearing in the formal securities market, the actual price of the transaction is taken for tax purposes if the price is between the minimum and maximum prices determined from the calculated price Securities and price limits, unless otherwise specified by this paragraph. For the purposes of this article, the marginal divergence in the prices of securities that do not apply in the organized securities market is set at 20 per cent to increase or decrease from the estimated price of the security. If you are implementing (purchasing) securities that do not apply to an organized market of securities, the price is below the minimum (above the maximum) price determined based on the estimated price of the security and the price tolerance, The determination of the financial result for tax purposes is the minimum (maximum) price, determined on the basis of the estimated price of the securities and the marginal price deflection. The procedure for determining the estimated price of securities that are not traded in an organized securities market is established for the purposes of this chapter by the federal executive branch of the securities market in consultation with the Ministry. OF THE PRESIDENT OF THE RUSSIAN FEDERATION Transactions with open mutual fund investment funds that do not apply to the organized market of securities, including in the case of their purchase (maturity) from the managing company, which is trusted The management of the assets that make up this open mutual fund investment fund, for tax purposes, is the actual price of the transaction, if it corresponds to the estimated value of the investment pay determined in the order established by the OF THE PRESIDENT OF THE RUSSIAN FEDERATION By operations with investment shares closed and interval mutual funds not traded in an organized securities market, if they are acquired from the management company that is in trust The property of the appropriate mutual fund of the investment fund, for tax purposes, is the actual price of the transaction, if it corresponds to the estimated value of an investment pay determined in accordance with the procedure established by law The Russian Federation on Investment Funds. If, in accordance with the Russian Federation's law on investment funds, the issue of investment mutual funds limited in turnover is not carried out at the estimated value of the investment fund, for the purposes of the investment funds. The actual price of the transaction is accepted if it corresponds to the amount of the money to which one investment pay is issued and which is determined in accordance with the rules of trust management by the mutual fund investment fund. Limit values for fluctuations. "; (e) paragraph 9, subparagraph 2 To declare void; 28) in article 282: (a), paragraph 1, amend to read: " 1. The operation of the REPO is recognized as conforming to the requirements of treaties under the Federal Act "On the securities market". The first and second parts of REPO are recognized in the first and second parts of the treaty, respectively. The buyer for the first part of the repo and the seller for the first part of the repo shall be deemed to be the buyer under the contract and the seller of the repo contract, respectively. For the purpose of this article, the second part of the repo shall be subject to the first part of the repo. If the conditions of the repo operation include the seller's right to the first part of the repo before the effective date of the second part of the repo, transfer the purchaser to the first portion of the repo in exchange for the securities transferred to the first part of the REC or to the value of the repo. The paper in which they are converted, other securities and (or) provide for the right of the buyer in the first part of the repo to claim such transfer from the first part of the repo, the initial conditions of the first part of the repo for taxation purposes this transfer does not change. (Spconsumed by Federal Law of 28.12.2013) N 420-FZ) The rules of this article apply to the transactions of the taxpayer, by missionaries, attorneys, agents, trustee managers (including the market organizer of the securities market) in the case of securities and stock exchanges) on the basis of the relevant civil contracts. For the purposes of this article, the dates of the first or second part of the REPO are deemed to be the time required by the treaty to comply with its obligations under the relevant part of the repo. In the case of the performance of the obligations for the supply of securities and upon payment for the first or second part of the repo, the date of the first and the date of the second part of the REC, respectively, is recognized as the most recent date of the fulfilment of the payment obligations, or supply of securities. In case the date of the first or second part of the repo as defined by the treaty falls on the holiday and (or) non-working day in accordance with the laws of the Russian Federation, the date of the first or the second part The repo admits the following working day. The actual price of the implementation (acquisition) of the security is applied both in the first part of the repo and on the second part of REPO, regardless of the market value of such securities. This sales price (acquisition) for both RER parts is calculated on the basis of the accrued interest (coupon) income on the date of actual performance of each part of the REC. The commitment date for the second part of the repo may be modified both to reduce the duration of the repo and to increase it. Transactions in which the second part of the repo is determined by demand is recognized by the repo transactions, if the contract is to determine the price of the second part of the REPO and if the second part of the repo is performed within one year of the date of compliance by the parties with the obligations of the first part of the repo. For repo transactions carried out through the trading organizer (the stock market) or through the clearing organization, any change in the date of execution of the second part of the RON, carried out in accordance with the rules The trade organizer on the securities market (stock exchange) or clearing organization, for the purposes of this article, is recognized as a change in the term of REPO. For the purposes of this article, the rate of repo shall be determined when the REPO is concluded and may be fixed or calculated. The repo rate should allow for the determination of the percentage at the end of the reporting (tax) period and may be modified by agreement between the parties to the treaty. In cases where, on the date of the second part of the repo, the obligation to implement (purchase) of the second part of the REPO is not fully or partially performed (hereinafter referred to as the improper performance of the second part of the repo), but However, the procedure for the settlement of mutual claims in accordance with the requirements of paragraph 6 of this article shall apply. The provisions laid down in paragraph 6 of this article shall apply. In other cases of improper execution of the second part of the repo, the repo operations recognize the implementation (acquisition) of securities that are not transferred to the second part of the repo, subject to the provisions set out in article 280 of this Code. The proceeds from the sale of the first part of the repo are determined by the seller for the first part of the repo on the date of the second part of the repo if the settlement procedure is not provided for by the treaty, or on the last day of expiry The period of time stipulated by the treaty for the parties to conduct a settlement of mutual claims if the settlement procedure is not properly implemented or on the date of early termination of the contract by agreement of the parties. The income is derived from market prices in effect on the date of the transfer of the ownership of securities in respect of the first part of the repo, and in the case of securities transferred to the first part of the repo or securities, which are converted, the buyer in the first part of the repo was handed over other securities, on the date of their transfer to the buyer in the first part of the repo. The acquisition costs of securities not transferred to the second part of the repo are recognized by the buyer in the first part of the repo pursuant to article 272, paragraph 7, subparagraph 7, of this Code at the date of the second part of the repo, if the procedure is The settlement of mutual claims is not provided for by the treaty, or on the last day of the expiration of the period provided for by the treaty for the parties to the treaty on the settlement of mutual claims, if the settlement procedure is of mutual claims not properly implemented or on the date of early The termination of the operation of REPO by agreement of the parties and determined on the basis of market prices in effect on the date of the transfer of the ownership of securities in the first part of the repo, and in the case of securities transferred from the first part of the repo of the repo, or the securities to which they are converted, the buyer in the first part of the repo was transferred to other securities on the date of their transfer to the buyer in the first part of the repo. The financial result for taxation purposes, in accordance with article 280 of the present Code, is not defined in the implementation of the securities for the first part of the repo and for the second part of the repo. The cost of acquisition of securities established in the tax accounting prior to the delivery date of the first part of the repo is accounted for in the implementation (disposal) of the securities in accordance with articles 280, 302 and 303 of the present Code. In so doing, the taxpayer, in accordance with its tax policy, determines the accounting treatment of outgoing (returning) securities. When performing (or) the first and (or) obligations on the second part of the EGR (except for homogenized requirements for the first and second parts of the same repo operation) The amount of taxes imposed by this article shall not be altered. Homogeneous is the requirement for transfer of the same amount of securities rights of one issuer, one type, one category (type) or one equity investment fund (for investment funds) or requirements for payment of funds in the same currency. In the case between the dates of the first and second parts of the repo, the conversion of the securities that are the subject of the REPO operation, including the fragmentation or consolidation, or modification of their nominal value, is converted cost, or cancellation of an individual issue (code) for the additional release of such securities or change of the individual state registration number of the issue (individual number (s) of the supplementary issue), individual identification number (number (s)) additional release) of such securities, such actions do not change the order of taxation for this repo operation. "; b), paragraph 2 should read: " 2. The repo transaction, the right to which the buyer was entitled under the first part of the REPO between the dates of the first and second parts of the repo, may be taken to reduce the amount of cash payable the seller for the first part of the repo, followed by the purchase of the second part of the repo, or listed by the buyer for the first part of the repo for the first part of the repo under the repo under the contract. In these cases, such payments shall not be recognized by the buyer's income in the first part of the repo and shall be included in the seller's income in the first part of the repo, in accordance with the procedure established by this chapter. The percentage (coupon) of the security that is the object of the repo operation is taken into account when determining the sales tax base of the first part of the repo in the manner prescribed by Articles 271, 273 and 328 of this Code, and is not taken into account When determining the tax base of interest (coupon) on the securities that is the subject of the REPO operation, the buyer in the first part of the REC, taking into account the particularities set out in the first paragraph of this paragraph. The taxation of income determined in accordance with this paragraph shall be based on the tax rates established by article 284 of this Code. However, these tax rates are applied depending on the type of securities (debt), unless otherwise provided for in this article. (Spconsumed by Federal Law of 02.11.2013) N 306-FZ) If the repo operation is performed between a foreign organization (the seller for the first part of the repo) and a Russian organization (the buyer for the first part of the repo) and between the dates of the first and second parts The repo (depositary receipt right), which is the object of the REPO operation, paid dividends, the Russian organization is recognized as a tax agent with respect to income in the form of dividends on which the source Dividend payments to the tax agent was not withholding tax or withholding tax in the amount less than the amount of the tax calculated as dividends for the said foreign organization. If the first part of the REPO is the Central Bank of the Russian Federation or the managing company of the mutual funds in the interest of the fund, the duty to pay the dividend tax shall be assigned to the seller for the first part of the repo, which is recognized by the transferee in accordance with this paragraph, unless the tax has been withheld by the issuer. (Spconsumed by Federal Law of 28.12.2013) N 420-FZ) The provisions of this paragraph do not apply to the seller for the first part of the repo if the securities sold are received by another repo transaction or a security operation. "; in) Paragraph 4, subparagraph 4, amend to read: "1) income as interest on allocated funds, which are included in the proceeds in accordance with Articles 250 and 271 of this Code (for banks-in accordance with the article" 290 of this Code), if the difference is positive. Such income received by a foreign organization, which is not related to its business activities in the territory of the Russian Federation, refers to the income of a foreign organization from sources in the Russian Federation and subject to taxation. Tax retained by the source of income, pursuant to article 309, paragraph 1, paragraph 1, of this Code as of the date of the second part of the REPO; "; , paragraph 5, add the following paragraph: " The conclusion and execution of REPO transactions are part of the unrealized costs and are accounted for in accordance with articles 265, 272 and 273 of this Code. "; d) in paragraph 6: the first paragraph should read: " 6. In the event of improper fulfilment of the second part of the REPO and in the execution of the procedure established in the contract for the settlement of mutual claims meeting the requirements of the fourth paragraph of this paragraph, the tax base for the operation of the repo is determined by the as follows: "; the second paragraph after the words" Article 280 of this Code "should be supplemented with the words" at the date on which the obligations of the second part of the repo are executed in the repo operation agreed by the participants in the repo operation "; paragraph 3 The Conference of the Parties, of the resizing operation "; , paragraph 4, amend to read: " The procedure for the settlement of mutual claims in the improper performance of the second part of the RAP should include the obligation of the parties to terminate internetting on the contract within 30 calendar days from the date of the second part of the repo. "; to add the following paragraphs: " The specified procedure may also provide for the right of the buyer (seller) to of the first part of the repo the specified duration of the securities not transferred to the second part of the REPO, with the effective proceeds of the sale (actual acquisition costs) with unfulfilled liabilities for the repo operation and (or) to provide for the right of the buyer (the seller) for the first part of the repo, to refuse the transfer (acceptance) of the securities not transferred to the second part of the REPO, with the market value of the repo with outstanding cash obligations for the REPO operation. When implemented, the market (estimated) value of the securities is determined on the date of sale (purchase) of securities or the date of the transfer (acceptance) of the second part of the repo. However, the parties to the contract are required to make a reciprocal calculation of the amount of the residual liability calculated as the difference between the unexecuted cash obligations for the second part of the REC and the market price of the securities not transferred by the second part of the repo, and in the absence of a market price, at the estimated price of the securities determined in accordance with paragraph 5 or paragraph 6 of article 280 of this Code at the date of acquisition (realization) or between unenforceable monetary obligations for the second part of the repo and actual sales revenue (actual the purchase of securities not transferred to the second part of the repo. The income (s) of the seller (buyer) of the first part of the repo of the amount of cash transferred from the execution of the settlement of mutual claims procedure is not recognized. If the settlement of the mutual claims results in the return of the securities that are the subject of the REPO operation, the buyer in the first part of the repo repo is the seller of the first part of the repo, recognition of the sale of securities by the seller for the first part of the repo and acquisition of securities by the buyer in the first part of the repo, in the manner provided for in this paragraph, is not implemented. "; (e) paragraph 7, amend to read: " 7. If, between the dates of the first and the second part of the repo, the buyer is required to hand over the first part of the repo to the repo repo (coupon payment, partial payment of the nominal value of the security) the securities that are the subject of the REPO operation, and if the contract reacts to the amount of the corresponding portion of the seller's repo liability for the payment of the cash, the subsequent purchase of securities on the second part of repo (purchase price (purchase price) for second part of repo) instead of of such payments, the amounts to be paid shall be included in the price of the second part of the repo when calculating the income (s) in the manner determined in paragraphs 3 and 4 of this article. If, under a contract, such payments are not included in the determination of the second part of the repo, the amounts of such payments shall not be included in the price of the second part of the repo on the calculation of income (costs) determined in accordance with paragraphs 3 and 4 of this Article. "; , paragraph 8, amend to read: " 8. In the case where the contract is to be implemented between the dates of the first and second parts of the repo repo (cash transfer and (or) transfer of securities) between the participants of the repo transaction if the price of the asset changes (a) Transactions subject to a repo operation or otherwise provided for by the said contract, and the contract provides for the reduction of the seller's obligations under the first part of the repo on payment of sums of money transfers on the subsequent purchase of the second part of the repo, the amount of An enumeration is included in the price of the implementation (acquisition) for the second part of the repo when calculating the income (s) determined in accordance with paragraphs 3 and 4 of this article. If the receipt (transfer) of money and/or securities is not accounted for in the determination of the second part of the repo, the amount of such transfers shall not be included in the price of the second part of the REPO In calculating the income (s) determined in accordance with paragraphs 3 and 4 of this Article. "; (c), paragraph 9, amend to read: " 9. For the purposes of this article, under the opening of a short position on securities (hereinafter referred to as a short position), the implementation (s) of the security is understood in the presence of the taxpayer's obligation to return the security obtained by The first part of the repo or the loan contract. The short position opens when the taxpayer does not have securities of the same issue (additional issue), investment shares of the same mutual fund of the mutual funds, on which the tax system has been formed but not recognized in The quality of the cost of acquisition, determined in accordance with article 280 of the present Code. Opening a short position is not: Realization of the security on the first (second) part of the REAP; transfer of security to the borrower (return of the borrower) under the securities loan contract; Securities on a recoverable basis in accordance with the conditions set out in paragraph 8 of this article; conversion of the securities that are the object of the REPO operation, including the fragmentation or consolidation or modification thereof. nominal value or withdraw individual number (s) additional release of such securities or change of individual state registration number (individual number (code) of additional issue), individual identification number (individual number (s) Additional output) of such securities; redemption of the depositary receipt for the receipt of securities; other disposal of a security that is not included in the tax base. Short position opens in the amount of securities that does not exceed the number of securities received by the taxpayer in the first part of the repo and/or the loan contracts as borrower. The opening date of the short position is the date on which the ownership of the security is transferred from the seller that opens a short position to the buyer for the sale (disposal) of the security. A short position shall be closed by acquisition (acquisition of property on other grounds, except for the ownership of the repo operation, the loan contract, the receipt on a recoverable basis under conditions, 8 of this article) of securities of the same issue (additional issue), investment shares of the same mutual fund of investment fund, on which a short position is opened. In the event of a single day's acquisition and disposal (disposal) transactions at the same time, the closing of a short position occurs only when the amount of acquired securities has been exceeded paper on the number of securities sold. The taxpayer has the right in its accounting policy for tax purposes to provide for the closure of a short position within one day, taking into account the sequence of transactions on acquisition and disposal of securities. The closing date of the short position means the date of the transfer to the taxpayer of the ownership of securities that result in the closing of a short position, in the manner prescribed by this paragraph. (Spconsumed by Federal Law of 28.12.2013) N 420-FZ) The sequence of closing short positions on securities of one issue (additional issue), investment shares of the same mutual investment fund is determined by the taxpayer on its own compliance with the accounting policy adopted by them for tax purposes by one of the following methods: first is the closing of the short position, which was opened first; short position shall be closed the taxpayer for the value of the security a short position. The revenue (s) of the taxpayer in the implementation (acquisition) or disposal of the security at the opening (closing) of a short position is determined in accordance with articles 280, 302, 303, 305, 326 and 329 of the present Code (in terms of income from a base asset and the cost of a base asset), taking into account the characteristics set out in this article with respect to interest (coupon), and are taken into account when determining the tax base at the closing date of the short position of this security paper. In the case of a short position on securities that provide for interest (coupon) income, the taxpayer who opens such a short position shall charge the interest rate determined as difference between accumulated interest (coupon) income on the closing date (including the interest (coupon) interest paid by the issuer between the opening date and the closing date) and the amount Accumulated interest (coupon) income on the opening date of the short position. The interest (coupon) income is accrued during the opening of the short position, recognizing the amount of accumulated expenses as of the closing date of this short position or the last number of the reporting (tax) period if in the reporting (tax) the period did not close the short position. In the event that the interest (coupon) income is taxed at the tax rates provided for in article 284, paragraph 4, of this Code, the above amount of accrued interest (coupon) income applies to the reduction of the amount The percentage (coupon) of interest on the corresponding tax rate. If between the opening date and the closing date of the short position, the nominal value of the security is partially paid, and the short position is included in the cost of acquisition of the security the amount paid (payable or related to the reduction in the amount of cash to be paid by the seller under the first part of the repo on the subsequent purchase of the second part of the repo) to the seller for the first part of the repo (the lender by (c) Partial payment of nominal value the security of the release. Analysis of short positions for tax purposes is conducted by the taxpayer in each open short position. "; , and paragraph 10, to recognize no force; 29) to supplement article 282-1 of the following Content: " Article 282-1. { \b Taxation considerations in } { \b } { \b } { \b } { \b } The transfer of securities to the loan shall be effected on the basis of a loan agreement entered into in accordance with the legislation of the Russian Federation or the legislation of foreign States fulfilling the conditions set out in this paragraph ( A loan agreement. The rules of this article shall apply to the transaction of a taxpayer's securities by a taxpayer, procurador, agent, agent, trustee under the relevant civil law treaties. For the purposes of this chapter, the loan of a loan issued (received) of securities should provide for the payment of interest in monetary form. The interest rate or the order in which it is determined is determined by the terms of the loan contract. For the purpose of determining the interest on the loan contract, the value of the securities transferred under the loan contract is taken at the market price of the relevant securities on the date of the conclusion of the contract and, in the absence of a market price, the estimated price. At the same time, the market price and the estimated price of the securities are determined in accordance with article 280, paragraphs 5 and 6, of this Code, respectively. In cases covered by the loan agreement, the value of the securities transferred by the commissioner, the agent of the client under the loan agreement may also be determined by the rules of the client's security assessment for the loans provided, The federal executive branch of the securities market. The value of the securities is determined on the basis of the last value of the securities calculated according to the specified rules on the trading day determined in accordance with the documents of the stock exchange. The loan start date is the date on which the security of the security is transferred by the lender to the borrower, the end date of the loan is the date of the transfer of the ownership of securities when the borrower is transferred to the borrower. For the purposes of this chapter, the loan contract issued (received) securities should not exceed one year. 2. In the event that the loan does not set a maturity date or the specified time period is determined by the time of demand (open date of the loan) and within one year from the date the loan began, the securities were not returned to the lender by the borrower, The end of one year from the date of the start of the loan for tax purposes is recognized: the creditor-the proceeds of the sale of securities transferred under the loan contract, which are calculated on the basis of the market price (estimated price) of the securities, shall be determined in accordance with article 280 of the present Code, as at the date of commencement of the loan. The cost of the creditor in this case is determined in accordance with article 280, paragraph 2, of the present Code; of the borrower-unrealized income in the amount calculated on the basis of the market price (estimated price) of the securities defined in under article 280 of this Code, as at the date of commencement of the loan. Upon the subsequent sale of securities received under the loan contract, the cost of their acquisition is recognized as equal to the amount of income included in the tax base in accordance with article 250 of this Code. The provisions of this paragraph shall also apply in the following cases: if the loan has a maturity date, but after one year from the start of the loan, the securities were not returned by the borrower to the lender; if the obligation to repay the securities was terminated by the payment to the creditor of the money or of the transfer of a different property other than the securities. 3. In the event of non-execution or execution of the non-full obligations for the return of securities on loan transactions, the taxation procedure established by article 282, paragraph 1, of this Code for the operation of REPO is applied in respect of that has been misperformed and the procedure for the settlement of mutual claims has not been carried out. 4. In the transfer of securities in loan and in the return of securities from the loan, the financial result for taxation purposes, in accordance with article 280 of this Code, shall not be determined by the creditor, except as provided for in this article. However, the costs of the purchase of securities transferred under the loan contract are taken into account by the creditor at the time of the further (after the return of the loan) of the disposal (disposal) of the said securities, subject to the provisions of article 280 of the present Code. 5. Under the loan contract, the security payments that arose during the period of the loan contract are not recognized by the borrower's income and are included in the creditor's income. Percentage (coupon) is taken into account when calculating the tax base of the creditor in the manner prescribed by Articles 250, 271, 273 and 328 of this Code, and is not taken into account in determining the borrower's tax base by percentage (coupon) The income of the securities that is the subject of the loan. The taxation of income determined by this paragraph shall be based on the tax rates established by article 284 of this Code. These rates apply depending on the type of securities (debt). The provisions of this paragraph shall not apply to the creditor if the securities are obtained under another loan contract and/or the first part of the repo transaction. 6. In case a loan contract is concluded between a foreign organization (the creditor) and the Russian organization (borrower) and during the period of the loan contract, the interest (discount) income or equities (depositary receipt giving The right to receive dividends), which is the subject of the loan, paid to the dividends, the Russian organization is recognized as a tax agent with regard to income in the form of dividends or interest (discount) income on which the source of their payment to the tax authorities The agent was not withholding tax or withholding tax in the amount of less than the amount calculated for the said foreign organization. 7. Interest payable by a creditor under a loan contract is recognized as an unrealized creditor's income taken into account under articles 250, 271 and 290 of this Code. The interest to be paid by the borrower under the loan contract is recognized as an unrealized expense to be taken into account in the determination of the tax base, taking into account Articles 265, 269 and 272 of this Code. 8. The provisions of article 282, paragraph 9, of this Code shall apply to the disposal (disposal) of the securities acquired under the loan contract. 9. In the case of conversion of securities that are the subject of the loan between the start and end dates of the loan, including the fragmentation or consolidation, or modification of their nominal value, or cancellation of the individual The number (s) of the additional issue of such securities or the change of the individual State registration number (individual number (s) of the supplementary issue), the individual identification number (individual identification number) the number (s) of the supplementary issue of such securities, such as Actions do not alter the tax procedure established by this article. 10. Taxpayers maintain separate tax records on securities transferred (received) in securities loans. The securities analysis is maintained for each loan provided (received). 11. Obligations (requirements) for the return of the loan with securities held by securities denominated in foreign currency arising from the borrower (borrower) are not subject to revaluation due to the change in official rates of foreign currencies to the Russian Federation fixed by the Central Bank of the Russian Federation. "; 30) to supplement article 299-1 with the following content: Article 299-1. Organizations organizations 1. The revenue of the clearing organizations shall be the proceeds provided for in articles 249 and 250 of this Code, which shall be determined according to the circumstances provided for in this article. 2. The following revenues are not taken into account in determining the tax base of clearing organizations: 1) cash and other property received by the clearing organization as enforcement of the obligations of the participants in clearing, and also from the disposal of the assets that make up such security; 2) cash and other property received by the clearing organization for the purpose of clearing the obligations of the clearing participants, including the contracts, on which the clearing organization is a party (excluding and other property received by the clearing organization as payment for its services), as well as to contracts for the sale of property entered into by the clearing organization in order to fulfil the obligations of the participants "Clearing-organization; 3) cash and other property received by the clearing organization from the use of funds established by that clearing organization to ensure the enforcement of obligations under civil contracts."; 31) to supplement article 299-2 with the following: " Article 299-2. Organizations organizations 1. The expenses of the tax payers of the clearing organizations are those provided for in articles 254-269 of this Code, which are determined taking into account the characteristics provided for in this article. 2. The following expenses are not taken into account in determining the tax base of clearing organizations: 1) cash and other property that ensure the performance of the obligations of the participants in clearing and transferred to the clearing organization the performance of such obligations; 2) cash and other property transferred by the clearing organization to the clearing agents on the basis of the results of the clearing (settlement), including the contracts to which the clearing organization is a party clearing organization, as well as procurement contracts by a clearing organization for the purpose of fulfilling the obligations of the participants in clearing; 3) cash and other property transferred to the participants of the clearing and received by the clearing organization from use funds established by a clearing organization by contributions from clearing participants for the enforcement of obligations under civil contracts. "; 32) in article 300: (a) Part four, as follows: " Reserves are created (adjusted) in The ratio of each security to a single issue (additional issue) of securities satisfying the requirements, regardless of the change in the value of the security of other releases (additional releases). "; b) the second sentence Part seven, as follows: " For securities denominated in a foreign currency, the purchase price is recalculated in rubles at the official exchange rate of the Central Bank of the Russian Federation at the date of purchase of the securities and their market value. Official exchange rate of the Central Bank of Russia Federation on the date of creation (adjustment) of the reserve. "; in) addition to the eighth to tenth of the following content: " For securities whose release terms are intended to cover the partial discharge of their nominal value, The formation (adjustment) of the reserve at the end of the reporting (tax) period is adjusted to account for the portion of the nominal value of the security. The Taxpayer, who is the seller for the first part of the repo, or a borrower for the loan operation, has no right to form a reserve for the depreciation of securities transferred on the REPO operation (loan contract). Taxpayer, who is the buyer of the first part of the repo or the borrower by the loan transaction, is entitled to create reserves for the depreciation of securities received under the REPO operation (loan contract). "; 33) in article 301: (a), paragraph 1 should read: " 1. The financial instrument of the urgent transaction is a contract that is a derivative of the financial instrument in accordance with the Federal Law "On the securities market". The list of types of derivatives (including forward, futures, option contracts, swap contracts) is established by the federal executive branch of the securities market in accordance with the Federal Law "On the Market" security. (Spconsumed by Federal Law of 28.12.2013). N 420-FZ) For purposes of this chapter, a treaty is not recognized as a financial instrument for urgent transactions, the requirements for which are not subject to judicial protection under the civil law of the Russian Federation. Losses received from these contracts are not taken into account in the determination of the tax base. A basic asset of financial instruments for urgent transactions is understood as the subject of an urgent transaction (including foreign currency, securities and other property and property rights, interest rates, credit resources, price indices, or interest rates, other financial instruments for urgent transactions). Immediate transactions are understood to include organizations that are engaged in transactions with financial instruments of urgent transactions. "; b) in paragraph 2: first sentence of the second paragraph to read as follows: "The taxpayer has the right to qualify the transaction, the terms of which provide for the supply of a core asset, recognizing its transaction with a financial instrument of urgent transactions or a transaction for the supply," the source said. the subject of a deferred execution transaction. "; to add paragraphs The following table of contents: " Obligations for transactions with financial instruments of urgent transactions without its requalification may be terminated by a set-off of uniform claims and obligations. Homogeneous is recognized as a requirement for the supply of the same securities rights of one issuer, one type, one category (type) or one equity investment fund (for mutual investment mutual funds), and also claims for payment of money in the same currency. Taxation of transactions, qualified as transaction for the delivery of the subject of the deferred execution transaction, shall be carried out in the manner provided for in this Code for the respective base assets of such transactions. "; in) supplement paragraph 3-1 as follows: " 3-1. The transaction, which is not organized in the market and the terms of which provide for the supply of a basic asset (including securities, foreign currency, goods), may be qualified as a financial instrument of urgent transactions The condition that the supply of the base asset in accordance with the terms of such a transaction should be carried out no earlier than the third day after the day of its conclusion. The transaction, which is not an organized market and which does not provide for the supply of a core asset, can be qualified only as an immediate financial instrument. "; g) to supplement paragraph 3-2 , to read: " 3-2. For the purposes of this chapter, the financial instruments of urgent transactions, the terms of which involve the supply of a base asset or the conclusion of another financial instrument of urgent transactions, the terms of which provide for the supply of a core asset, shall be recognized (b) Fixed-line transactions, and financial instruments for urgent transactions, the terms of which do not provide for the supply of a base asset or the conclusion of another financial instrument for urgent transactions, the terms of which provide for the supply of the base asset, Settlement of urgent transactions. Transactions, which are qualified as deliverable urgent transactions, as well as transactions for the delivery of a deferred execution transaction, for the purposes of this chapter are not subject to requalification in the case of termination in a manner other than good performance. "; (d), paragraph 4, after the words" trade organizer ", insert the words" and the clearing organization "after" established trade organizers "with the words" and (or) (e) Paragraph 5 should read as follows: " 5. For the purposes of this chapter, hedging transactions are understood to be transactions (population of transactions) with financial instruments of urgent transactions (including different types), committed in order to reduce (compensate) the unfavorable to the taxpayer effects (in whole or in part) resulting from loss, loss of profits, reduced revenue, reduced market value of property, including property rights (claims rights), increased taxpayer obligations as a consequence of price change, interest rate, exchange rate, The number of foreign currency exchange rates in the currency of the Russian Federation or other indicator (s) of the object (s) of hedging. Hedge objects shall recognize property, property rights of the taxpayer, its obligations, including rights of claims and obligations of a monetary nature, the duration of which at the date of the transaction hedging has not occurred, including the rights of the requirement and obligations, the implementation (performance) of which is conditional on the submission of a party's demand for the contract and in respect of which the taxpayer decided on hedging. The core assets of the financial instruments of the immediate transactions that are used for the hedging operation may differ from the hedging object. For hedging purposes, it is possible to conclude more than one financial instrument of a variety of urgent transactions, including the conclusion of several financial instruments for urgent transactions in one hedging transaction within a period of time hedging. To confirm the validity of the transaction (set of transactions) with financial instruments of urgent transactions to a hedging transaction, the taxpayer is on the date of the conclusion of the transaction data (the first transaction in custody) a few transactions in a single hedging transaction) on a hedging transaction that confirms that, based on the taxpayer's projection of the transaction (set of operations), the adverse effects can be reduced, price changes (including market quote, course) or inodo the indicator of the hedging object. "; 34) in article 303: (a) paragraph 1, subparagraph 1, restate: " 1) the amount of money due to be received in the reporting (tax) period by one of the participants Operation with the financial instrument of an urgent transaction at its execution (end); "; (b) paragraph 2, subparagraph 1, restate: " (1) the amount of money to be paid in the reporting (tax) period by one of the participants in an operation with a financial instrument of an urgent transaction in its execution (ends); "; 35) in article 304: (a) paragraph 5 should read: " 5. In the conduct of a hedging transaction, taking into account the requirements of article 301, paragraph 5, of this Code, the proceeds (expenses) shall be taken into account in the determination of the tax base which, in accordance with the provisions of article 274 of the present Code, shall be taken into account The revenue and expenses associated with the hedging facility. Banks are entitled to reduce the tax base, calculated in accordance with article 274 of this Code, in the amount of the loss received on transactions for urgent transactions that do not apply to the organized market and the base Foreign currency is an asset. Professional participants in the securities market that carry out dealer activities, including banks, have the right to reduce the tax base calculated in accordance with article 274 of this Code by the amount of the loss claimed by transactions from Financial instruments for urgent transactions that do not come in the formal market. (Spconsumed by Federal Law of 28.12.2013) N 420-FZ) b) to supplement paragraph 7 with the following: " 7. The income received and the costs incurred on the obligations (requirements) of the swap contract are taken into account in the determination of the tax base for transactions with financial instruments of urgent transactions. "; 36) in article 305: a) in the paragraph In the third paragraph, the words "before the date of the transaction" should be replaced by the words "in the last three months"; b), paragraph 2 should read: " 2. The actual price of the financial instrument of an urgent transaction that is not traded in an organized market is recognized for purposes of taxation by the market price, if it differs by not more than 20 per cent towards the increase (decrease) from the estimated market value. the value of this financial instrument for urgent transactions as of the date of the transaction. The procedure for determining the estimated value of the corresponding types of financial instruments of urgent transactions is established by the federal executive branch of the securities market in coordination with the Ministry of Finance of the Russian Federation. If the actual price of the financial instrument of an urgent transaction that is not traded in an organized market is more than 20% higher (demotion) from the estimated value of this financial instrument The transactions, income (expenses) of the taxpayer are determined on the basis of the estimated value increased (reduced) by 20 per cent. "; 37), article 326 should be amended to read:" Article 326. { \cs6\f1\cf6\lang1024 } Tax { \cs6\f1\cf6\lang1024 } { \cs6\f1\cf6\lang1024 } Transactions { \cs6\f1\cf6\lang1024 } { \cs6\f1\cf6\lang1024 } { \cs6\f1\cf6\lang1024 } { \cs6\f1\cf6\lang1024 } tax { \cs6\f1\cf6\lang1024 } { \cs6\f1\cf6\lang1024 } tax Accounting. The tax register data should reflect the formation of the proceeds (expenses) of fixed transactions considered for tax purposes. Analytic accounting of the requirements (liabilities) of financial instruments of urgent transactions is required by taxpayers to carry out each type of financial instruments of urgent transactions. The analysis of the rights of claims (liabilities) is maintained separately for transactions with financial instruments of urgent transactions in an organized market, on transactions with financial instruments of urgent transactions not applying to the of the organized market, as well as for operations performed for hedging purposes. The tax register data must contain, in monetary terms, the amounts of the taxpayer's (obligations) to the contracting parties under the terms of the concluded contracts: , on an immediate transaction; on settlement urgent transactions. Requirements (obligations) on financial instruments of urgent transactions, both circulating and not in an organized market, are not subject to current revaluation due to market price change, market price, exchange rate, interest rates, stock indices or other indicators of a core asset, subject to the provisions of this article. Taxpayers take into account in the composition of the tax base the change in the current value of financial instruments of urgent transactions in the organized market in the amount of monetary amounts calculated by the exchange (clearing organization). This requirement does not apply to the financial instruments of urgent transactions under which the performance of the duty of one party to the financial instrument of the urgent transaction arises in the event of claims being made by the other party The said deal, including depending on the circumstances in respect of which it is not known in advance, will come or will not come. Requirements (obligations) on transactions that are qualified as transactions for the delivery of a deferred execution transaction are also not subject to current revaluation due to market price, market quote, currency rate, values interest rates, stock indices or other indicators of a core asset, subject to the provisions of this article. The Taxpayer on the date of the transaction reflects in the analysis the amount of the contractual claims (obligations) arising from the transaction and the requirements (obligations) of the base asset (including goods, monetary, precious metals, securities, interest rates). The tax base is determined by the taxpayer on the date of execution of the fixed-term transaction, subject to the provisions of this chapter. When the securities are traded on the organized market and are the core asset of the financial instrument of the urgent transactions, the financial result from transactions with such a base asset is determined on the basis of the actual price of delivery The reference asset is subject to the terms and conditions under which the financial instrument of urgent transactions is executed. If, under the terms of the financial instrument of a fixed transaction or an urgent transaction, qualified as a transaction for the delivery of a deferred execution transaction, there shall be an interim settlement (except for advances) in that the number of changes in the valuation of the requirements (s) due to changes in the market price, market price, exchange rate, interest rate values, stock indices or other measures of the base asset, the taxpayer determines the revenue (expenditure) at each date of such calculation in accordance with the terms of the transaction. The option contract award according to the agreement of the parties, regardless of its qualification as a financial instrument of an urgent transaction, or as a deferred fulfillment deal, is recognized in the respective revenues (expenses) of the lump sum The date of the payment of an option award to taxpayers who apply the accrual method, regardless of whether the option is performed or not performed, and regardless of the type of base asset. The taxpayer shall, on the commencement of the financial instrument of an urgent transaction, assess the requirements and obligations on the date of its execution in accordance with the terms of its conclusion and determine the amount of the income (s), to be included in the tax base. Taxpayer provides a separate tax accounting for transactions with financial instruments of urgent transactions made to compensate for possible losses arising from adverse price changes or other measures reference asset (hedging object). Help is compiled by the taxpayer for each hedging transaction separately and contains the following data: description of hedging activity, including the name of the hedging entity, types of insured risks (price, currency, credit, interest-rate or other such risks), planned actions regarding the hedging facility (purchase, sale, other actions), financial instruments for urgent transactions to be used, the terms of the transactions; Start date of the hedging operation, end date, and (or) its duration, intermediate conditions of calculation. The date of the start of the hedging operation can be established by fixing the order of its definition; volume, date and price of the transaction (transactions) with the hedging object (for expected (planned) transactions-volume, date, price and other essential conditions transactions); volume, date and price of the transaction (deals) with financial instruments of urgent transactions. Help may contain other information at the taxpayer's discretion to confirm the operation for hedging purposes. If the hedging object is the requirements (s) arising from the aggregate of transactions, and if the hedging entity is the property of the taxpayer, the start date and the end date of the hedging transaction are determined The taxpayer is on its own on the basis of the forecast of the indicators of the hedging facility. Subject to the provisions of this article and Articles 301-305 of this Code, the proceeds (expenses) relating to financial instruments of urgent transactions concluded to compensate for the adverse effects that may arise for Taxpayers as a result of changes in the price, exchange rate, interest rate values, stock indices or other indicators of the hedging object are taken into account at the end of the reporting (tax) period and on the date of the transaction (transaction) the date of the income (s) associated with the hedging object. At the end of the hedging transaction, the revenues (expenses) associated with the financial instruments of the fixed-term transactions are determined on the basis of the income (s) recorded in the tax base in previous tax periods. If the hedging object is the requirement (s) of a particular transaction, in the case of its early termination (cessation on other grounds), the proceeds (expenses) of the financial instruments of the fixed-term transactions are determined by End of the reporting (tax) period in which the early termination of the transaction occurred (ending on other grounds) with the object of hedging, or on the date of the transaction (transaction), if the given date of performance came before the reporting date period and are included in the tax base which takes into account income (costs) associated with the hedging object. At the same time, the proceeds (expenses) of the financial instruments of urgent transactions arising after the reporting date of the period of its early termination are taken into account in the determination of the tax base with financial instruments of urgent transactions the revenue (s) that were previously reported in the tax base for operations associated with the hedging facility. Revenue (expenses) associated with the early avoidance of financial instruments of urgent transactions (their termination on other grounds) used for the hedging transaction are accounted for in the same order and the same tax base in which The income (s) of the financial instruments of the urgent transactions used for hedging purposes are taken into account. It is possible to exceed the volume of the financial instrument of a fixed-term, organized market and hedging (hedging instrument) over the amount of a hedging project in one The hedging instrument, if such excess is due to the standardisation of the stock exchange of the core asset of a financial instrument of an urgent transaction. Excess at the end of the reporting (tax) period or on the date of the transaction of the cost of the financial instruments of urgent transactions in order to hedging, as well as expenses incurred in connection with related transactions hedging, hedging against the proceeds of such financial instruments of urgent transactions does not involve re-characterization of hedging transaction in normal operations with financial instruments of urgent transactions. In order to determine the income (s) taken into account in the tax base, the taxpayer has the right, for tax purposes, to make provision for the current revaluation of the financial instruments of urgent transactions, used for hedging, based on market price change, market price, rate of exchange rate, interest rate, stock index or other indicators of the underlying asset, provided that the hedging object To be reassessed in accordance with the requirements of this Code. However, the income (s) resulting from such revaluation is determined at the end of the reporting (tax) period, depending on the change in the indicators defined in the accounting policy for tax purposes relative to the relevant indicators, fixed by the financial instrument of an urgent transaction. The [ [ Taxpayer]] performs an assessment of the requirements (s) on the date of performance of the financial instrument of the urgent transaction in accordance with its terms and determines the amount of the income (expenses), taking into account the amounts previously recorded for the purposes income tax (expenditure). According to the financial instruments of urgent transactions involving the sale of foreign currency, or precious metals, or securities denominated in foreign currency, the taxpayer at the date of execution of the transaction determines the proceeds (expenditure), taking into account differences in currency exchange rates, defined as the difference between the foreign exchange rate fixed by the contract and the official exchange rate established by the Central Bank of the Russian Federation Russian ruble and official prices for precious metals on the date of performance of the transaction. "; 38), article 333, set out as follows: " Article 333. { \b Revenue } { \b } { \b } { \b } { \b } { \b } { \b } { \b } { \b } { \b } { \b } { \b } { \b } { \b } { \b } { \b } In foreign currency, foreign currency and ruble are in foreign currency. The value of the securities to be transferred in the second part of the repo shall be performed by the taxpayer who is the seller for the first part of the repo. The purchaser of the first part of the REPO takes into account the value of the securities for the period from the date of purchase of the securities in the first part of the repo by the date of their implementation for the second part of the repo. The analysis reflects the date of implementation (acquisition) and the cost of the realized (purchased) securities, the date of acquisition (realization) and the value of the securities to be acquired (s) the second part of the repo. In cases where the object of the REP operation is a securities held in foreign currency arising from the buyer's (seller) on the first part of the repo obligation (s), the repurchase obligation (s) is not reassessed due to OF THE PRESIDENT OF THE RUSSIAN FEDERATION Obligations (requirements) for cash in foreign currency for the second part of the repo when the revenue (s) of the REPO operation is treated in accordance with article 282, paragraphs 3 and 4, of this Code as interest on the loan, The securities provided by the Central Bank of the Russian Federation are subject to revaluation in connection with the change in the official exchange rate of the Russian Federation set by the Central Bank of the Russian Federation. The amount of monetary obligations (claims) to be reassessed in connection with the change of the official rate of foreign currency to the Russian Federation set by the Central Bank of the Russian Federation may be changed if, in the case of under the terms of the contract of payment to the issuer of securities or in the case of a change in the price of securities or in other cases provided for by the contract, between the dates of the first and The second part of the repo reduces the amount of money to be paid by the seller in the first part of the repo, followed by the purchase of the securities in the second part of the repo. The result of this revaluation is taken into account in the composition of the unrealized income (s) of the organization. ". Article 3 Part 6 of Article 5 of the Federal Law "About banks and banking activities" (as amended by the Federal Act of 3 February 1996) (Congresswomen deputies of the RSFSR and the Supreme Soviet of the RSFSR) 1990, 27, sect. 357; Legislative Assembly of the Russian Federation, 1996, No. 6, art. 492; 1998, N 31, sect. 3829; 2003, N 52, sect. (5037) to be supplemented with the following sentence: " These limitations do not apply to the conclusion of contracts that are derivative financial instruments that provide for either the obligation of one party to the contract to transfer to the other party The goods or the duty of one party under the terms defined in the contract, in the case of a claim by the other party to buy or sell the goods, if the obligation of delivery is terminated without execution in kind. ". Article 4 (Overtaken by Federal Law dated 21.11.2011 N 327-FZ) Article 5 Article 5 of April 22, 1996 No. 39-FZ On the Securities Market OF THE PRESIDENT OF THE RUSSIAN FEDERATION 1918; 2001, N 33, sect. 3424; 2002, N 52, sect. 5141; 2004, N 31, est. 3225; 2005, N 25, 100 2426; 2006, N 1, article 5; N 2, est. 172; N 17, est. 1780; N 31, st. 3437; N 43, sect. 4412; 2007, N 1, est. 45; N 41, est. 4845; N 50, sect. 6247; 2008, N 44, sect. 4982; N 52, est. 6221; 2009, N 7, est. 777; N 18, sect. 2154; N 29, Art. 3642) The following changes: 1) Article 2 should be supplemented with parts of the twenty-eighth and twenty-ninth reading: " A financial instrument is a securities or derivative financial instrument. Derived financial instrument-a contract, except for a repo agreement providing for one or more of the following duties: (1) the duty of the parties or parties to the treaty to pay periodic or lump sum Monetary amounts, including in the case of claims by the other party, depending on the price changes of the goods, securities, rates of the relevant currency, interest rate, inflation, values calculated on the basis of prices derivative instruments, the values of the indicators that make up the official statistical information, values of physical, biological and (or) chemical indicators of the state of the environment, from the occurrence of a circumstance indicating a failure or improper performance by one or more by legal entities, by States or by municipalities of their duties (with the exception of a contract of sponsorship and a contract of insurance) or another circumstance provided for by federal law or by regulatory legal acts of the federal executive branch of the securities market and on which it is not known, will come or does not come, as well as from changes in the values calculated on the basis of one or more of the several indicators referred to in this paragraph. In so doing, such a treaty may also provide for the obligation of the parties or parties to the treaty to hand over securities, goods or currency to the other party, or the obligation to conclude a contract derivative of the financial instrument; 2) The obligation of the parties or parties to the conditions laid down in the conclusion of the contract, in the event of a claim by the other party to buy or sell securities, currency or goods, or enter into a contract that is a derivative of the financial instrument; 3) the obligation of one party to transfer securities, currency or the goods in the property of the other party not earlier than the third day after the conclusion of the contract, the duty of the other party to accept and pay the said property and the indication that such a contract is a derivative of the financial instrument. "; 2) In article 3: (a) the first paragraph of paragraph 1 should read: " 1. Brokering activities recognize civil law transactions with securities and/or contracts that are derivatives of financial instruments on behalf of the customer and at the customer's expense (including Issuer of the emissive securities when they are placed) or on their own behalf and at the expense of the customer on the basis of the exchange contracts with the customer. "; b) the first sentence of the first paragraph of paragraph 3, as follows:" Clients transferred to the broker for transactions with securities and/or the conclusion of contracts derivative of financial instruments, as well as the money received by the broker on such transactions and (or) such contracts, which have been committed by a broker pursuant to contracts with clients, must be in a separate bank account (s) opened by a broker in a credit institution (special brokerage account). "; in paragraph 5 of the first sentence to read:" Broker is entitled to make transactions with securities for qualified investors and to conclude Treaties that are derivative of financial instruments intended for qualified investors only if the customer to whom the transaction is made (such contract is concluded) is a qualified investor in 2 of this Federal Act (hereinafter referred to as "qualified investors by the federal law)" or recognized by this broker by a qualified investor in accordance with this Federal Act. " The second sentence to read: " Provided that the securities or A derivative of the financial instrument is considered to be intended for qualified investors if, in accordance with the regulatory legal acts of the federal executive branch in the securities market, transactions with such securities (contracts, which are such derivative financial instruments) may be made (to be) exclusively by qualified investors or by qualified investors. "; ), paragraph 6 should be redrafted to read: " 6. Consequences of the broker of securities transactions and the conclusion of contracts derivative of financial instruments, in violation of the requirement of paragraph 5 of this article, including by improper recognition of the client qualified investor, is: 1) assignment to the broker of the obligation to acquire, at its own expense, the securities client upon request of the client and to reimburse the client for all expenses incurred in the specified transactions, including the costs of the broker, the depositary and the exchange; (2) laying down the a broker of the obligation to compensate the client for damages arising from the conclusion and execution of contracts derivative of financial instruments, including all expenses incurred by the customer in the execution of the said transactions, including The costs of the broker's services, the exchange. "; 3) in article 5: (a) Part 1: " Securities management is recognized as a valuable asset management activity. by means of a transaction that is intended to be used for the of the securities and/or (or) the conclusion of contracts derivative of financial instruments. "; (b) Part 7, amend to read: " Manager is entitled in the conduct of the management of securities. to make transactions with securities intended for qualified investors, and conclude contracts that are derivatives intended for qualified investors, only provided that the customer is a qualified investor. "; in) The eighth preambular paragraph should read: " Consequences of the commission of securities managers and the conclusion of contracts derivative of financial instruments in violation of the requirement of part 7 This article is: to impose on the manager on the request of the client or on the order of the federal executive authority on the securities market to sell the securities and terminate securities derivatives financial instruments; refunds management The customer of the loss resulting from the sale of securities and the termination of contracts derivative of financial instruments; interest on the amount by which the securities transactions were made and (or) Treaties which are derivatives of financial instruments are concluded. The amount of interest is determined by the rules of Article 395 of the Civil Code of the Russian Federation. In the case of a positive difference between the sale of securities (performance and termination of contracts derivative of financial instruments) and the amount paid in respect of the acquisition and sale of securities (conclusion, execution and termination of contracts derivative of financial instruments), interest is paid in an amount not covered by the specified margin. "; 4) (Spending strength-Federal Law dated 21.11.2011 N 327-FZ) 5) (Spconsumed by Federal Law of 21.11.2011). N327-FZ) 6) in article 44: (a), paragraph 2, restate: " (2) qualify securities and derivative financial instruments in accordance with the procedure established by the federal executive authorities in the securities market, and define their types; "; b) to supplement paragraphs 13 to 15 with the following: " 13) to define securities and derivatives intended for qualified investors, and also establish requirements for the provision of information, transactions with such securities and the conclusion of contracts that are such derivative instruments; 14) establish requirements for securities, goods and indicators, depending on price changes which (whose values) define the obligations of the parties to contracts derivative of financial instruments; 15) establish requirements to be observed by the professional participants in the securities market when concluding and of the Treaty on the Implementation of the in the securities market, as well as the conditions under which contracts are to be accepted only by qualified investors. "; 7) paragraphs 3 and 4 of Article 49 should read as follows: " to approve rules and standards for the performance of professional activities, including transactions with securities and transactions related to the formation and performance of contracts derivative of financial instruments; Control compliance by their members with approved self-regulating The organization of rules and standards for the performance of professional activities; "; 8) in article 51-2: (a) paragraph 4 should read: " 4. A natural person may be recognized as a qualified investor if it meets any of the two requirements of: 1) the total value of the securities held by that person and (or) the total value of the obligations of the treaties that are Derivation of financial instruments and prisoners at the expense of this person comply with the requirements established by the normative legal acts of the federal executive branch of the securities market. In doing so, the specified authority defines the requirements for securities and other financial instruments that can be taken into account in the calculation of the specified total value (the total amount of liabilities), as well as the order (s) of its calculation; 2) has established by normative legal acts of the federal executive authority in the securities market, experience in the Russian and/or foreign organizations that made transactions with securities and (or) concluded contracts that are derivative instruments; 3) made valuable transactions and (or) entered into treaties that are derivative financial instruments, in terms of quantity, length and time, established by the normative legal acts of the federal executive branch of the securities market. "; b) Paragraph 5, paragraph 5, subparagraph (2), read: " (2) has made transactions with securities and (or) has concluded contracts that are derivative financial instruments, in quantity, volume and time fixed by the regulatory framework Acts of the Federal Executive on the Securities Market ";"; , paragraph 6 to recognize invalid force; 9) to supplement article 51 to 3 as follows: " Article 51-3. The contract 1. The treaty will recognize the contract under which one party (the seller of the contract) undertakes to transfer to the property of the other party (the buyer under the repo contract) the securities and the buyer by the treaty Undertakes to accept the securities and pay for them a certain amount of money (the first part of the contract) and on which the buyer of the contract shall undertake to transfer the securities to the seller's property within the time limit set by the contract the contract is repo, and the seller of the treaty undertakes to accept securities and pay for them A certain amount of money (the second part of the contract). The contract to be carried out at the expense of a natural person may be concluded if one of the parties to such a treaty is a broker, a dealer, a depositary, a clearing organization or a credit institution, or if The specified contract was entered into by the broker at the expense of such a natural person. 2. Securities under the contract may be repo securities of the Russian issuer, investment shares of the mutual investment fund, the trust management of which is carried out by the Russian executive company, shares or bonds of foreign currency. Issuer and securities of the foreign issuer, the securities of the Russian and/or foreign issuers. 3. The terms and conditions of the repo agreement are considered to be agreed upon if the parties agree on the name of the person (s) issuing the securities, their appearance and quantity, and on the shares-category (type), and on the investment shares The mutual funds are the name of the mutual investment fund. The terms and conditions of the repo agreement can be agreed upon by defining the requirements for such securities as well as their quantity. The treaty must, however, provide for the parties to the contract to choose the securities to be transferred in the first part of the treaty. The terms of the repo treaty can be agreed upon by establishing a procedure for determining the amount of securities. 4. The terms of the contract for the price of securities are considered to be consistent if the parties agree on the price of the securities transferred in the first and second parts of the treaty, or the manner in which it is defined. 5. The terms of the contract are considered to be agreed upon if the parties have agreed on the period of payment of the first and second parts of the contract and the duration of the obligations of the parties for the transfer of securities. The period for the performance of the obligations in the second part of the contract may be determined by demand. 6. The responsibility for the transfer of securities is deemed to be performed at the time of the presentation of the documentary securities and, in the case of the transfer of undocumented securities or documents with a mandatory central storage, from the time of their enrolment on the personal account of the purchaser in the register of owners of securities or on the account of the purchaser. 7. The contract seller is required to transfer the securities to the buyer under the contract free of any rights of third parties, except where the buyer of the contract has agreed to accept the securities encumbered by the rights of third parties. Failure by the seller to contract this obligation gives the buyer under the contract the right to seek avoidance of the contract unless it is proved that the buyer of the contract knew or ought to have been aware of the rights of third parties to these securities paper. The buyer under the contract is required to transfer to the seller on the contract of resecurities the securities free of any rights of third parties, except in the case of the first part of the contract by the buyer under the contract of the repo with the rights of third parties. 8. After the first part of the treaty has been terminated, the termination of the obligations under the second part of the contract without the performance of the undertaking in kind is permitted only in the cases and in the manner in which the present article is applicable. 9. Unless otherwise provided for in this article, the buyer under the contract is required to transfer the securities of the same issuer (the person who issued the securities) to the seller under the contract of the second part of the contract attesting to the same amount of rights, in the same way. The number of securities transferred to the buyer under the contract for the first part of the contract. 10. In the case where the securities transferred to the first part of the contract were converted, pursuant to the second part of the contract, the buyer's contract would be transferred to the seller under the contract of repo, to which the securities were converted the files transferred to the first part of the repo agreement. The rule also applies to securities acquired by the buyer under the contract pursuant to paragraphs 11 and 12 of this article. 11. The contract may provide for the right of the buyer under the contract prior to performance of the transfer of securities on the second part of the contract to require from the seller to transfer the securities received in the first part the contract of repo, or the securities to which they are converted, other securities. In this case, the buyer under the contract repo is obliged instead of the securities he received under the first part of the contract to be transferred to the second part of the contract of repo, obtained as a result of such substitution. The rule also applies to securities acquired by the buyer under a replacement contract pursuant to this paragraph and paragraph 12 of this article. In so doing, the treaty should provide for the modalities of such a replacement. 12. The contract may provide for the right of the seller under the contract to re-transfer the securities under the second part of the contract to the buyer under the contract of repo to replace the securities transferred on the first part of the contract, or the securities to which they are converted, other securities. In this case, the buyer under the contract repo is obliged instead of the securities he received under the first part of the contract to be transferred to the second part of the contract of repo, obtained as a result of such substitution. The rule also applies to securities acquired by the buyer under a replacement contract pursuant to this paragraph and paragraph 11 of this article. In so doing, the treaty should provide for the modalities of such a replacement. 13. In the event of a list of persons entitled to receive securities, cash and other property, including dividends and interest on securities issued under the first part of the contract, in accordance with paragraphs 10-12 and 14 of this article (hereinafter referred to as "repo") shall be determined in the period following the performance of the transfer of securities in respect of the first part of the contract and prior to the performance of the transfer obligations the buyer for the second part of the contract, the buyer is obliged to hand over the contract to the seller by agreement of the sum of money, as well as other property paid by the issuer or the person who issued the securities, including in the form of dividends and interest on securities transferred under the contract, within the period provided for in the contract In the case of the second part of the contract, the value of the securities transferred to the second part of the contract is reduced. 14. The treaty may provide for the obligation of one party or each of the parties to change the price of the securities transferred under the contract, or in other cases provided for by the treaty, pay the other party sums of money and (or) Transfer securities. In this case, the value of the securities to be transferred to the second part of the contract and (or) the quantity is increased, taking into account the amount of money (the amount of securities) paid by the buyer under the contract (transferred by the seller) (repo) in accordance with this paragraph and shall be reduced by the amount of the money (number of securities) received by the buyer under the contract of repo (seller under contract) under this paragraph, if the treaty is not The obligation of the party receiving the said money and/or the value of money to return them in the course of their obligations under the second part of the treaty. In so doing, the contract shall establish the grounds for the occurrence of the obligation under this paragraph, the procedure for determining the amount of the money (the amount of securities) to be paid (transfer) and the manner and period of their payment. (gears). The rules of paragraphs 10 to 13 of this article shall apply to the rights and obligations of the party under the contract of repo, which has received securities under this paragraph, with respect to such securities. 15. The treaty may provide for the early fulfilment of obligations under the second part of the treaty, including in the event of default or improper performance by one party of the treaty on other obligations to the other party. the treaties concluded between them, or the non-performance or improper performance by one of the parties to the treaty of obligations under treaties concluded with other persons. 16. In the event of default or improper fulfilment of obligations under the second part of the treaty, one of the parties or both parties to the treaty repo is terminated if one of the following conditions exists: 1) The buyer, by contract, paid the money (transfer of securities, other property) in the amount (quantity) equal to (equal) exceeding of the value of securities, other property and money whose transfer obligations have not been fulfilled by the buyer under the contract, as well as the amount of the penalty, if such liquidated damages are provided for the contract of repo, above the amount of money (value of securities, other property) whose obligations are not performed by the seller under the contract of the repo, as well as the sum of liquidated damages, if such liquidated damages are provided for by the treaty; (2) The seller, by contract, paid the money (transfer of securities, other property) in the amount (quantity) equal to (equal) the amount of money (value of securities, other property) whose transfer obligations are not are executed by the seller by contract of the repo, as well as the sum of liquidated damages, if such liquidated damages is provided by the contract of repo, above the value of securities, other property and money whose transfer is not performed by the buyer under the contract of the repo, as well as the sum of liquidated damages, if such liquidated damages are provided for by the contract; 3) the value of securities, other property and cash, the transfer of which is not performed by each of the parties to the contract, as well as the sum of the liquidated damages, if such liquidated damages are provided for by the treaty, are equal. The procedure for determining the value of securities used in the termination of the obligations of the parties to a treaty under this paragraph shall be established by the contract or other agreement of the parties. 17. The treaty may provide for the obligation of the buyer under the contract not to make transactions with securities transferred under the contract. In this case, the specified restriction on the buyer's rights under the contract is liable to be committed to the account or account of the buyer under the contract of repo. The order of the restriction of the buyer's rights under the contract of repo, the order of termination of the termination of such restriction and the terms and conditions of transactions for the account or account of the buyer under the contract shall be established by regulatory legal order Acts of the Federal Executive in the securities market. 18. The contract may be defined by a person who, on the basis of agreements with the parties to the treaty, determines the amount of money (the amount of securities) to be transferred under the contract to the parties to the requirements of the treaty The contract of the repo shall carry out the actions necessary to perform transactions in an account of the depot which takes into account securities whose power is restricted in accordance with paragraph 17 of this article, shall perform other actions necessary for the purpose of The implementation of the rights and obligations of each party under the treaty. Such person may be a clearing organization, a broker or a depositary. 19. In the event that the parties intend to conclude more than one treaty, the procedure for concluding these treaties, as well as their separate conditions, may be agreed upon by the parties through the conclusion of a general agreement between them (a single treaty) and (or) is defined by the rules of the organizers of trading on the securities market, the rules of the stock exchange and (or) rules of implementation of clearing activities. The relations of the parties in connection with the conclusion and execution (termination) of the treaty by the terms of such a general agreement shall apply if provided for by the treaty. The contract of the repo, as well as the general agreement (single contract), rules of the trade organizer in the securities market, the rules of the stock exchange and (or) the rules for the implementation of clearing activities may stipulate that The individual terms of such a contract (general agreement (single contract), rules of the trade organizer, stock exchange rules, rules for the implementation of clearing activity) are determined by the conditions of the contract of repo, organizations developed for the said treaty by market of securities and published in print or on the Internet. 20. The General Agreement (single contract), the rules of the trade organizer in the securities market, the rules of the stock exchange, the rules for the implementation of clearing activities may be subject to the terms and procedure of payment of sums of money and/or transfer of securities in accordance with paragraph 14 of this article, the basis and order of the cessation of obligations, including all contracts of a repo concluded between the parties under the terms and conditions specified by the Agreement or the Rules, including at the request of one of the other party's failure to perform or perform improper performance by the other party the treaty obligations are repo. The determination of the amount of the money (number of securities) to be handed over by the party (s) in connection with the termination of the obligations under the treaties and the duration of such transfer shall be established. 21. The general provisions of the Civil Code of the Russian Federation concerning the purchase and sale, respectively, shall apply to the treaty, if this is not contrary to the rules of this article and the substance of the treaty. At the same time, the contract seller and the buyer of the contract are redeemed by the sellers of the securities to be transferred in compliance with the obligations of the first and second parts of the contract and the buyers of the securities they are required to accept and pay in accordance with the obligations of the first and second parts of the treaty. "; 10) to supplement Article 51-4 with the following content: " Article 51-4. The specifics of concluding contracts that are derived financial tools 1. The conclusion by the bidders at the stock exchange of contracts that are derivatives is permitted, provided that the other party to such contracts is the clearing organization. 2. In the event that the parties intend to conclude more than one treaty as a derivative of the financial instrument, the manner in which such contracts are concluded, as well as their separate conditions, may be agreed upon by the parties by means of an agreement between them The general agreement (s) and (or) are defined by the specifications and (or) rules of stock exchanges and (or) rules for the implementation of clearing activities. The parties ' relations with respect to the conclusion and execution (termination) of the treaty, which is a derivative of the financial instrument, shall apply the provisions of the General Agreement, if so provided by the said treaty. 3. The contract, which is a derivative of the financial instrument, as well as the general agreement (s), the specification and/or the rules of the exchange and (or) the rules for the implementation of clearing activities, may stipulate that certain conditions of such a contract (general agreement, specification or rules of the stock exchange, rules for the performance of clearing activities) is determined by the conditions developed for the said treaty by self-regulating organizations in the securities market. published in print or published on the Internet. 4. The General Agreement (single contract), the specification and/or the rules of the exchange and (or) the rules for the performance of clearing activities may provide for the termination of obligations under all treaties that are derived Financial instruments concluded between the parties under conditions established by the said General Agreement (single contract), specification or rules, including at the request of one of the parties for non-performance or improper performance other party to obligations under a contract derived from financial instrument. The determination of the amount of the money (quantity of other property) to be transferred by the party (s) to the termination of obligations under the derivatives of the financial instruments should be established. (a) The timing of the transfer. 5. A treaty derivative of a financial instrument may be defined by a person who, by agreement with the parties to the treaty, determines the amount of the money (quantity of other property) to be transferred under the contract, which is a derivative of the financial instrument, shall impose upon the parties the requirements set out in such a treaty shall perform other actions necessary for the exercise of the rights and performance of the obligations of each party under the treaty. Such a person may be a clearing organization, a credit institution, a broker or a depositary. 6. Negotiation of a financial instrument derivative of a financial instrument providing for the obligation of one party to pay sums of money, depending on the occurrence of a circumstances indicating non-performance, or Improper performance by one or more legal entities, States or municipalities of their obligations is permitted, provided that the parties to the contract are bidders, the person to whom it is executed The obligation is a qualified investor a federal law or a legal person recognized by a qualified investor, and a person who has the other party acting as a legal person. The conclusion of contracts referred to in the first paragraph of this paragraph is not allowed on the stock exchange, provided that the payment of sums of money depends on the occurrence of a circumstance indicating a failure or improper performance. The performance of one or more legal entities, States or municipal entities is carried out at the expense of the credit institution, broker, dealer, and the party entitled to receive such sums of money or person The account of which she is acting is a legal entity. 7. The conclusion of contracts that are derivatives intended for qualified investors can be concluded only through brokers. This rule does not apply to qualified investors due to federal law, as well as to cases established by the federal executive branch of the securities market. ". Article 6 Article 6 25-1 Federal Law of 7 May 1998-N 75-FZ "On non-State pension funds" (Russian legislature, 1998, N 19, Art. 2071; 2007, N 50, sect. 6247) the following changes: 1) paragraph 6 of paragraph 1 should read as follows: " loan contracts or loan contracts, as well as treaties of repo. This rule does not apply to the conclusion of treaties in the cases established by the authorized federal authority; "; 2), paragraph 2, should read: " 2. The management company, acting as trustee for pension savings, is entitled, subject to compliance with the statutory legal acts of the federal executive branch of the securities market, to limit the risks, to conclude contracts that are derivatives. ". Article 7 Article 40 of the Federal Law November 29, 2001 N 156-FZ "On Investment Funds" (Legislative Assembly of the Russian Federation, 2001, N 49, Art. 4562; 2007, N 50, sect. (6247) the following changes: 1) in paragraph 1 (5) of the word " as well as the purchase (sale), which provides for the obligation to return (purchase) securities or related sales transactions, concluded at the same time. with the same person, on sale (purchase) of securities and subsequent purchase (sale) of the securities or securities of the same issue or of the same mutual investment fund (mortgage) at a predetermined price (repo transactions) " Replace the words "as well as the treaties of the repo", the words "and the transactions of the repo" In the words "and conclusion of treaties"; 2), paragraph (2) should read: " 2. The managing company, acting as trustee for the assets of the joint-stock investment fund or mutual investment fund, or acting as the sole executive body of the joint-stock investment fund, is entitled subject to compliance with the regulatory legal acts of the federal executive branch of the securities market, aimed at limiting the risks, to conclude contracts that are derivatives of financial instruments. " Article 8 Enact Federal Law dated July 10, 2002 N 86-FZ "On the Central Bank of the Russian Federation" (Russian Federation Law Assembly, 2002, N 28, st. 2790; 2008, N 44, sect. 4982; 2009, N 1, st. (25) The following changes: 1) Article 39 should be redrafted to read: " Article 39. The Bank of Russia operations in the open market are: 1) purchase and sale of treasury bills, government bonds, other government securities, bonds of the Bank of Russia, as well as the conclusion of contracts with these securities. 2) purchase and sale of other securities determined by a decision of the Board of Directors, subject to their access to stock exchanges and (or) other trading organizers in the securities market, as well as the conclusion of contracts with specified securities. When the Bank of Russia is conducting operations in the open market with shares, only the conclusion of contracts is allowed, as well as the implementation by the Bank of Russia of shares in connection with the improper performance of the counterparty's obligations under the treaty. " (2) In paragraph 3 of part 6 of article 76, replace the words "contracts of sale with the later transaction" with the words "to the contracts of the repo". Article 9 (Spconsumed out-Federal Law of 29.12.2010 N 437-FZ) Article 10 Article 16 (5) of the Federal Law of 20 August 2004 N 117-FZ " Housing and mortgage system of military personnel " (Legislative Assembly of the Russian Federation, 2004, N 34, art. 3532; 2007, N 50, sect. 6237), amend to read: " 5. The management company, acting as trustee for savings for housing, has the right, subject to compliance with the statutory legal acts of the federal executive branch of the securities market { \na } { \field { \field { \field { \field { \field } { \field } { \field } { { \field } { \field } { \field } { \field } { \field } { \field } { \field } { \field } { \field } { \field } { \field } href=" ?docbody= &prevDoc= 102134151&backlink=1 & &nd=102111248 " target="contents"> dated December 30, 2006 N 275-FZ "On the procedure for the formation and use of the intended capital of non-profit organizations" (Assembly of Russian legislation, 2007, N 1, art. (38) Amend the text as follows: " 6. Under the trustee administration of the fixed assets, the conclusion of contracts derivative of financial instruments is permitted provided that the federal authority's regulatory legal acts are complied with of the executive branch of the securities market in the securities market. ". Article 12 Admit invalid: 1) paragraphs 4, 5 and 19 of article 1, paragraph 85, of the Federal Act dated May 29, 2002 N 57-FZ " On introducing amendments and additions to the Second Tax Code of the Russian Federation and certain pieces of legislation of the Russian Federation " OF THE PRESIDENT OF THE RUSSIAN FEDERATION 2026); 2) Paragraph 31 of Article 1 of Article 1 of the Federal Law of 6 June 2005, No. 58-FZ "On Amending Part Two 3) paragraphs 26-28 of Article 4 of the Federal Law of 6 December 2007 N 334-FZ " On introduction OF THE PRESIDENT OF THE RUSSIAN FEDERATION 6247); 4) Article 2 of the Federal Law of 17 July 2009 No. 164-FZ "On amendments to the Federal Law on the Protection of Competition" and OF THE PRESIDENT OF THE RUSSIAN FEDERATION 3601). Article 13 1. Taxation of REPO operations, the first part of which was due in 2009, and the date of performance of the second part is in 2010, as well as on the transactions of the loan, the commencement date of the loan in 2009 or earlier, and The date of the end of the loan comes from 1 January 2010 and is carried out in accordance with the provisions of Chapter 25 of Part Two of the Tax Code of the Russian Federation of the Russian Federationin force in 2009. 2. In the determination of the tax base for the tax base on transactions with financial instruments of urgent transactions concluded prior to 1 July 2009, the date of completion of which is effective 1 January 2010, the provisions of Part Two, chapter 25, shall apply. The Tax Code of the Russian Federation, including those in the revaluation which was in force in 2009. The losses on such transactions are recognized after the completion of the transaction on 1 January 2010 in accordance with the procedure established by the Tax Code of the Russian Federation (in of the present Federal Law). 3. In determining the tax base of the tax base on transactions with financial instruments of urgent transactions concluded after 1 July 2009, the date of completion of which is effective 1 January 2010, the provisions of Chapter 25 of Part Two shall apply. The Tax Code of the Russian Federation, including those in the revaluation which was in force in 2009. The losses on such transactions are recognized in the order in force in 2009. 4. Losses that are obtained from transactions with financial instruments of urgent transactions that do not apply in the organized market, on completed transactions and which are not repaid until the day of the entry into force of this Federal Law, are recognized as damages The tax payer of the organizations is paid as from 1 January 2010 in the following order. Earnings obtained from transactions with financial instruments of urgent transactions that are not traded on the organized market are primarily directed to the payment of losses of past years received in such transactions, in the manner established by article 283 Part 2 of the Tax Code of the Russian Federation. 5. Treaties derived from financial instruments for which claims are not subject to judicial protection under the civil law, tax payers concluded by taxpayers before 1 July 2009, and -recognized on the date of their conclusion for taxation purposes by financial instruments of urgent transactions, for the purposes of Chapter 25 of Part Two of the Tax Code The Russian Federation is recognized as financial instruments for urgent transactions. 6. Transfer of tax on the income of natural persons to the future in accordance with article 214-1 (as amended by article 2, paragraph 11 of this Federal Law) and article 220-1 (as amended by the present Federal Law) of Part Two The Russian Tax Code is implemented for damages received from the 2010 tax period. 7. Non-stock exchanges and providing, on the date of entry into force of this Federal Act, services directly contributing to the conclusion of contracts that are derivative financial instruments The parties or parties shall pay monetary sums periodically, including in the event of claims by the other party, depending on the change in the exchange rate of the respective currency, the interest rate, the right to render such services in within two years of the entry into force of this Federal Act. Article 14 1. To suspend the paragraph of article 212, paragraph 4, paragraph 4, paragraph 4, of the Second Tax Code of the Russian Federation (Legislative Assembly of the Russian Federation) Federation, 2000, N 32, sect. 3340; 2001, N 1, article 18; N 23, est. 2289; 2005, N 1, est. 38; N 24, 2312; 2007, N 31, est. 4013; 2008, N 30, est. 3614; 2009, N 29, stop. 3639) (as amended by the present Federal Law) from 1 January to 31 December 2010. 2. In the period of suspension of paragraph 4 of article 212, paragraph 4, of the second paragraph of the Tax Code of the Russian Federation The market price of securities that is traded on an organized securities market is recognized by the weighted average price of such securities, calculated by the securities market organizer (stock exchange). In the absence of information on the weighted average price of the securities on the securities market (stock exchange) at the date of the transaction, the market price is recognized as the weighted average price as at the date of the nearest bid held Until the day of the transaction, if the tender was conducted at least once in the last three months. The limit of fluctuations for securities that are traded on an organized securities market is set at 20 per cent to increase and decrease from the market price of such securities. The limit margin for securities not traded in an organized securities market is set at 20 per cent to increase and decrease from the estimated price of such securities. 3. The provisions of this article do not apply to the procedure for determining the market value of investment payees in the cases referred to in paragraphs 8 to 10 of article 212, paragraph 4, of Part Two The Russian Federation Tax Code . Article 15 1. Paragraph 6 of Article 280 of the Russian Tax Code is suspended. Federation, 2000, N 32, sect. 3340; 2001, N 33, Art. 3413; 2002, N 22, Text 2026; N 30, sect. 3027; 2005, N 24, sect. 2312; 2006, N 31, est. 3436; 2007, N 31, est. 4013) (as amended by the present Federal Law) from 1 January to 31 December 2010. 2. At the time of suspension of paragraph 4 of article 280, paragraph 4, of the second paragraph of the Tax Code of the Russian Federation Federal Law), the estimated price of non-traded securities may be determined by the taxpayer on its own or with the assistance of the assessor using valuation methods in accordance with Russian law THE RUSSIAN FEDERATION The refinancing rate of the Central Bank of the Russian Federation may be used to determine the estimated price of debt securities denominated in the currency of the Russian Federation. The procedure for determining the estimated price of securities not appearing in the formal market, as well as methods for estimating the estimated price of such securities (if the estimation of the price is done by the taxpayer on its own) should be fixed in taxpayer's accounting policy. Article 16 1. To suspend Article 305, paragraph 2, paragraph 2, of the Russian Federation Tax Code (Parliament of the Russian Federation, 2000, N 32, sect. 3340; 2001, N 33, Art. 3413) (as amended by the present Federal Law) from 1 January to 31 December 2010. 2. In the period of suspension of article 305, paragraph 2, of the second part of the Tax Code of the Russian Federation (as amended by the present Federal Law) The estimated value of financial instruments of urgent transactions not traded in an organized market may be determined by the taxpayer on its own or by using the assessor using valuation methods in accordance with the law of the Russian Federation. Procedures for determining the estimated value of financial instruments for urgent transactions not traded in an organized market, as well as methods for estimating the estimated value of such financial instruments for urgent transactions (if an estimate of the estimated value The taxpayer is self-executing in the taxpayer's accounting policy. Article 17 1. This Federal Act shall enter into force on 1 January 2010, but not earlier than one month from the date of its official publication, with the exception of provisions for which this article provides otherwise for its entry into force. 2. Article 2, paragraph 10, of this Federal Law shall enter into force on the date of the official publication of this Federal Law. 3. Article 2, paragraph 12, of this Federal Act shall enter into force on 1 January 2011. 4. Paragraph 10 of Article 5 of this Federal Law shall enter into force on 1 July 2010. 5. Article 214-Part Two of the Tax Code of the Russian Federation (as amended by article 2, paragraph 10, of this Federal Act) The same applies to the legal relations that have arisen since 1 January 2008 and are valid until 1 January 2010. 6. Article 164, paragraph 1, paragraph 5, and article 165, paragraph 7, of the Russian Tax Code This Federal Act applies to legal relations that have arisen since 1 January 2008. President of the Russian Federation Dmitry Medvedev Moscow, Kremlin November 25, 2009 N 281-FZ