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News of the Federal Legislation

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30.01.2007
12:32:25
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News of the Federal Legislation за 30.01.07


30.01.2007


NEWS OF THE FEDERAL LEGISLATION


The amendments are maid to the Civil Code of the Russian Federation

      The Federal Act N 5-FZ of January 26, 2007 (document is in Russian) makes amendments to article 1062 of second part of the Civil Code of the Russian Federation "Claims Connected with Organization of Games and Bets and Participation in Them" (document is in Russian).
     
       Article 1062 is added with the provisions allowing to provide clear-cut division of deals meeting the bet requirements   into subjects and not subjects to court defense, and thereby to provide court defense to stock-exchange and off-exchange deals being calculative derivative financial instruments. Rendering court defense on such deals shall be provided only in the case, if one of the parties on such deal is legal entity received the license on performance banking operations or operations on securities market. Claims concerning to participation of citizens in aforesaid deals shall be subjects to court defense only in the case of their conclusion on exchange.

The RF Ministry of Finance gives explanations on the procedure for taxation with the uniform tax under application of the simplified taxation system of operations on realization of stocks through a broker

     In the Letter N 03-11-04/2/298 of December 29, 2006 (document is in Russian), the Department of tax and customs-tariff policy of the Ministry of Finance of the Russian Federation explains that to earnings of taxpayer applying simplified taxation system from operations on realization of stocks though a broker there shall be included gain form realization of stocks received to broker' account or other property (works, services) including stocks and (or) property rights received by a broker on account of gain from realization of stocks.
      
     In accordance with clause 1 of article 346.17 of the Tax Code of the Russian Federation (document is in Russian), the date of receipt of the earnings shall be the date of receipt of the money onto the accounts in banks and (or) cash office, other property (works, services) and (or) property rights, as well as otherwise payment of the debt (making of the payment) to the taxpayer (cash method).

The tax rate of the tax on extraction of natural resources is determined for December 2006

     In the Letter N Sht-6-21/10@ of January 17, 2007 (document is in Russian), the Federal Tax Service of Russia gives the data applying for calculation of the tax on extraction of natural resources in respect of oil for December 2006.
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