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There have been exempted from taxation by means of the value-added tax the operations on realization of communal services, as well as works (services) on maintenance and repair of common property in a multiple dwelling


There have been exempted from taxation by means of the value-added tax the operations on realization of communal services, as well as works (services) on maintenance and repair of common property in a multiple dwelling
2009-12-02 06:00

NEWS OF THE FEDERAL LEGISLATION

There have been exempted from taxation by means of the value-added tax the operations on realization of communal services, as well as works (services) on maintenance and repair of common property in a multiple dwelling

By the Federal Act N 287-FZ of November 28, 2009 (document is in Russian), the amendments are putted to articles 149 and 162 of part two of the RF Tax Code (document is in Russian), by which there are exempted from taxation by means of the value-added tax the operations on realization of communal services, as well as works (services) on maintenance and repair of common property in a multiple dwelling, granted (rendered) by managing companies, householders societies, housing and construction, housing or other specialized consumers cooperatives created in the purposes of satisfaction of citizens needs in dwelling and responsible for servicing of engineering system within dwelling, with use of which communal services are provided under observance of certain conditions. To the tax base, there shall not be included monetary funds received by aforesaid organizations for formation of the reserve on making current and capital repair of common property in a multiple dwelling.
 
This Federal Act shall putt into effect since January 1, 2010, but not earlier than upon expiration of one month from the day of its official publication and not earlier than 1 day of regular taxable period on the value-added tax.

There has been transferred the period for putting into effect of the requirements to cash-register equipment
2009-12-02 06:00

NEWS OF THE FEDERAL LEGISLATION

There has been transferred the period for putting into effect of the requirements to cash-register equipment

By the Federal Act N 289-FZ of November 28, 2009 (document is in Russian), the amendments are putted to the Federal Act "On activity for receipt of natural persons payments made by paying agents" (document is in Russian) and the Federal Act "On amendments to certain legislative acts of the Russian Federation in accordance with adoption of the Federal Act "On activity for receipt of natural persons payments made by paying agents" (document is in Russian).

Earlier is was established, that after January 1, 2010, it is not admitted the receipt of payments without using of cash-register equipment and issue of cash checks corresponding to the requirements of the Federal Act "On activity for receipt of natural persons payments made by paying agents". These amendments have transferred the period of putting into effect of this provision to April 1, 2010. At that, the cash-register equipment not corresponding to these requirements, included to the State registry of cash-register equipment before January 1, 2010, may be applied at receipt of payments before January 1, 2014 under condition of its registration by paying agents in tax authorities before January 1, 2011.

The Federal Act N 289-FZ of November 28, 2009 has been putted into effect since the day of its official publication (published in the Russian Newspaper N 228, December 1, 2009).

There has been supplemented the list of grounds for granting delay of payment or payment by installments of customs duties, taxes
2009-12-02 06:00

NEWS OF THE FEDERAL LEGISLATION

There has been supplemented the list of grounds for granting delay of payment or payment by installments of customs duties, taxes

By the Federal Act N 290-FZ of November 28, 2009 (document is in Russian), the amendments are putted to article 334 of the Customs Code of the Russian Federation (document is in Russian), pursuant to which, delay of payment or payment by installments of customs duties, taxes is granted to the payer of customs duties, taxes, now and in the case if the goods importing to the customs territory of the Russian Federation are the goods included to the list of certain types of importing foreign air vessels and component part to them, in respect of which delay of payment or payment by installments of customs duties, taxes may be granted, approving by the Government of the Russian Federation.

The Federal Act shall put into effect upon expiration of one month since the day of its official publication.

The RF Supreme Court has given the recommendations about application of the Federal Act "On specific features of alienation of real estate being within the state ownership of RF subjects or in municipal ownership and leased ...
2009-12-03 06:00

NEWS OF THE LEGAL PRACTICE

The RF Supreme Court has given the recommendations about application of the Federal Act "On specific features of alienation of real estate being within the state ownership of RF subjects or in municipal ownership and leased ...

In accordance with questions arisen at application of the Federal Act N 159-FZ of July 22, 2008 " On specific features of alienation of real estate being within the state ownership of RF components or in municipal ownership and leased by subjects of small and middle entrepreneurship, and about putting amendments to certain legislative acts of the Russian Federation" (document is in Russian) and in the purposes of correct and unified application of its provisions by courts of arbitration of the Russian Federation, the Presidium of the Supreme Court of Arbitration of the Russian Federation, by its Letter N 134 of November 5, 2009 (document is in Russian), has informed courts of arbitration about its recommendations.

So at application of provisions of article 3 of the Act, courts of arbitration should to have in view that a subject of small or middle entrepreneurship have the right to acquire only under condition that it is leaser under a lease contract of real estate, which is valid at the moment of adoption of decision about privatization of this estate by according body. At consideration of disputes by courts, it is necessary to take into account, that the list of conditions, under availability of which, a leaser has the right to acquire, is determined in the Act by an irrefragable answer.

So the Presidium of the RF Supreme Court of Arbitration has specified that the Act not concludes the provisions prohibiting to subjects of small and middle entrepreneurship to realize the belonging to them right to acquire, in respect of several objects of real estate leased by them.


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