28 November 2014 Daily Tax & Legal Listings EY’s Russian Tax & Law practice was named a leading Tax firm in Russia in “World Tax 2015,” an annual guide published by the International Tax Review. Legislation and Regulation 1. Self-Regulatory Organizations Federal Law No. 359-FZ of 24 November 2014 Concerning the Introduction of Amendments to the Town-Planning Code and Article 1 of the Federal Law “Concerning Self-Regulatory Organizations” Self-regulatory organizations in the area of engineering surveying, architectural and structural design, construction, reconstruction and capital repair of capital structures may be established only in the form of an association (union) of members in the form of private entrepreneurs and (or) legal entities who/which perform the relevant types of work. http://www.consultant.ru/document/cons_doc_LAW_171227/ 2. Employers' Association Federal Law No. 358-FZ of 24 November 2014 Concerning the Introduction of Amendments to Certain Legislative Acts of the Russian Federation The right of employers to unite is significantly extended. Only one trilateral (general, interregional, regional, territorial) agreement may be concluded at one federal, interregional, regional or territorial level. An employer which joined an employers’ association while an agreement was in effect must fulfil obligations specified by the agreement even if it has ceased its membership of the employers’ association. http://www.consultant.ru/document/cons_doc_LAW_171219/ 3. Labour Migration Federal Law No. 357-FZ of 24 November 2014 Concerning the Introduction of Amendments to the Federal Law “Concerning the Legal Status of Foreign Citizens in the Russian Federation” and Certain Legislative Acts of the Russian Federation Licences are introduced in place of quotas for foreign labour migrants who arrived in Russia under a visa-free procedure. The document confirms the right of a foreign citizen to engage in work activities in the territory of a constituent entity of the Russian Federation on a temporary basis. http://www.consultant.ru/document/cons_doc_LAW_171225/ Daily Tax & Legal Listings 28 November 2014 4. Protection of Information \ Copyright Law Federal Law No. 364-FZ of 24 November 2014 Concerning the Introduction of Amendments to the Federal Law “Concerning Information, Information Technologies and Information Security” and the Civil Procedure Code of the Russian Federation A rights owner who discovers a site on which copyrighted items have been placed without his permission may send a claim concerning the violation of those rights to the site owner in written or electronic form. Site owners are obliged to include on their sites addresses for rights owners to send such claims, and may also provide for them to be sent by means of completing an online form on the site. http://www.consultant.ru/document/cons_doc_LAW_171228/ 5. Environmental Protection Federal Law No. 361-FZ of 24 November 2014 Concerning the Introduction of Amendments to Articles 5 and 10 the Federal Law “Concerning Specially Protected Natural Areas” and Certain Legislative Acts of the Russian Federation The amendments to the law on the protection of the environment no longer allow for citizens to create environment protection funds. Non-commercial environmental organizations are granted the right to render assistance to Russian government authorities of all levels in carrying out measures for the organization, protection and functioning of specially protected natural areas. http://www.consultant.ru/document/cons_doc_LAW_171232/ 6. Biometric Personal Data Edict No. 735 of the President of the Russian Federationof 24 November 2014 Concerning the Collection of Biometric Personal Data of Foreign Citizens and Stateless Persons As from 10 December 2014 diplomatic representations and consular institutions of the Russian Federation in a number of states will collect biometric personal data of foreign citizens for the purposes of visa processing and entry into Russia. http://www.consultant.ru/document/cons_doc_LAW_171307/ 7. Personal Income Tax Letter No. BS-4-11/23847 of the Federal Tax Service of 19 November 2014 Concerning the Forwarding of Letters of the Ministry of Finance of the Russian Federation The Federal Tax Service clarifies matters relating to the charging of personal income tax on reimbursed legal expenses. The letter relates to income in the form of reimbursement received for legal expenses associated with the performance of legally significant acts in relation to a taxpayer or the rendering of legal services by a representative. http://www.consultant.ru/document/cons_doc_LAW_135968/ Taxation and Accounting 8. Profits Tax Letter No. 03-08-05/54538 of the Ministry of Finance of the Russian Federation of 28 October 2014 Untitled Where income received by a foreign organization from deliverable conversion transactions involving various types of currencies is qualified as income received from the sale of assets, that income is not subject to tax at source in the Russian Federation. http://base.consultant.ru/cons/cgi/online.cgi?req=doc;base=QUEST;n=65794 2 Daily Tax & Legal Listings 28 November 2014 9. VAT Letter No. YeD-4-15/22994 of the Federal Tax Service of 10 November 2014 Untitled The Federal Tax Service clarifies certain points relating to the transition to the new standard form of a VAT declaration which is to be used from 2015. http://base.consultant.ru/cons/cgi/online.cgi?req=doc;base=QUEST;n=65921 10. VAT Letter No. GD-4-3/22600@ of the Federal Tax Service of 31 October 2014 Untitled The procedure for the maintenance of separate VAT records should be developed by an exporter independently and set out in an accounting policy order. http://base.consultant.ru/cons/cgi/online.cgi?req=doc;base=QUEST;n=140530 3 Inquiries may be directed to one of the following executives: Moscow Director of Tax Peter Reinhardt +7 (495) 705 9738 Tax Policy & Controversy Alexandra Lobova Alexei Nesterenko Energy Chemical & Utilities Richard Lewis Victor Borodin Alexander Smirnov +7 (495) 705 9704 +7 (495) 755 9760 +7 (495) 755 9848 Technology, Media & Telecommunications Vladimir Abramov +7 (495) 755 9680 Ivan Rodionov +7 (495) 755 9719 Vadim Ilyin +7 (495) 648 9670 Financial Services Alexei Kuznetsov Irina Bykhovskaya Ivan Sychev Maria Frolova +7 (495) 755 9687 +7 (495) 755 9886 +7 (495) 755 9795 +7 (495) 641 2997 Tax Perfomance Advisory Services Ivan Rodionov +7 (495) 755 9719 Sergey Saraev +7 (495) 664 7862 Human Capital Zhanna Dobritskaya Anton Ionov Ekaterina Ukhova Sergei Makeev +7 (495) 755 9675 +7 (495) 755 9747 +7 (495) 641 2932 +7 (495) 755 9707 Industrial Products Andrey Ignatov +7 (495) 755 9764 Indirect Tax Victor Borodin Vitaly Yanovskiy +7 (495) 755 9760 +7 (495) 664 7860 International Tax Services Vladimir Zheltonogov Alexei Ryabov Marina Belyakova Andrey Vostokov Evgeny Nepomnyashchikh +7 (495) 705 9737 +7 (495) 641 2913 +7 (495) 755 9948 +7 (495) 755 9708 +7 (495) 648 9626 Real Estate, Hospitality & Construction Yulia Timonina +7 (495) 755 9838 Svetlana Zobnina +7 (495) 641 2930 Anna Strelnichenko +7 (495) 705 9744 Retail and Consumer Products Alexandra Lobova +7 (495) 705 9730 Dmitry Khalilov +7 (495) 755 9757 Yuko Fite +7 (495) 755 9759 Tax Accounting and Risk Advisory Services Alexei Malenkin +7 (495) 755 9898 Tax Compliance Yulia Timonina Larissa Gorbunova +7 (495) 755 9838 +7 (495) 755 9901 +7 (495) 705 9730 +7 (495) 662 9319 Transfer Pricing and Tax-Efficient Supply Chain Management Evgenia Veter +7 (495) 660 4880 Steve Cawdron +7 (495) 287 6536 Maxim Maximov +7 (495) 662 9317 Transaction Tax Yuri Nechuyatov Richard Lewis +7 (495) 664 7884 +7 (495) 705 9704 Customs Yuriy Volkov +7 (495) 641 2927 Legal Services Dmitry Tetiouchev +7 (495) 755 9691 Alexey Markov +7 (495) 641 2965 Georgy Kovalenko Tobias Luepke Michael Makhotin Oleg Shumilov +7 (495) 287 6511 +7 (495) 641 2935 +7 (495) 648 9627 +7 (495) 662 9338 Ekaterinburg Tax and Legal Services Alexey Korabelnikov +7 (343) 378 4900 Krasnodar Tax and Legal Services Elena Tikhomirova +7 ( 812) 703 7800 St. Petersburg Tax and Legal Services Dmitri Babiner Anna Kostyra +7 (812) 703 7839 +7 (812) 703 7873 This publication contains information in summary form and is therefore intended for general guidance only. 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Neither EYGM Limited nor any other member of the global EY organization can accept any responsibility for loss occasioned to any person acting or refraining from action as a result of any material in this publication. On any specific matter, reference should be made to the appropriate advisor.