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Legal advice

Legal advice

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FAS Russia has prepared a position paper on the application of the provisions of the decree of the RF Government of 30 December 2011 No. 1232 (hereinafter, Resolution No. 1232) in procurement in accordance with the Federal law of April 5, 2013 № 44-FL "About contract system in the procurement of goods, works, services for state and municipal needs" (hereinafter – the Law № 44-FZ). In particular, explained that if there is a conflict between the provisions of the Resolution No. 1232 and the provisions of Law No. 44-FZ, the latter has a higher legal the force. The presence of contradictions between Decree No. 1232 current legislation is confirmed by the letter Ministry of health of Russia from September 17, 2018 No. 12-3/10/2-6004 (letter...

Supreme court of the Russian Federation has established that the organization unreasonably included the amount of VAT payable to her reward on the basis of the Agency contract. In this case the legal entity has applied the simplified tax system and not was a VAT payer on the basis of paragraph 2 of article 346.11 of the Tax code. Thus, the amount of this tax for companies is unjust enrichment (Definition of the armed forces of the Russian Federation from October 26, 2018. n 305-ES18-18262). during the trial set, according to the agreement, the agent acted in the relationship with customers on behalf of the operator and distributed telecommunications services actually rendered to the operator. All the ingredients for the calculation of...

The Government RF placed on the Federal portal project postanovleniya1, which will be amended in rules of logging of invoices, the form and the rules of the sales Ledger, the form toplist to her. the Necessity of amendments is caused by increase in 2019 in the VAT rate from 18% up to 20%. In particular, wherever the text now mentioned VAT rate of 18%, will be marked with a value of 20%. In the sales Ledger will appear two new graphs 14a and 17A, which will be reflected accordingly cost of sales taxable at the rate of 18%, and the amount of VAT calculated for this rate. Similar graphs will be made and the form toplista to the book sales.

The framework of the regional programme several employers from the budget was earmarked subsidy for arrangement of jobs for unemployed disabled persons. Among other things, for these funds employers purchased the coolers, microwave ovens, kettles, doors and also paid for delivery and installation of plastic Windows, window sills, sinks and finish slopes (the decision of Arbitration court of the Central district 29 Oct 2018 n F10-4458/18 in the case of n A35-6025/2017). the Treasury the audit concluded that such costs are not relevant to the the arrangement of special jobs for persons with disabilities. Allocated subsidy directly related to the arrangement of jobs requiring additional measures for the organization of labor based on individual...

Tax a passport is a comprehensive document that contains information about the tax potential. It reveals key points tax administration. the Sections of the passport is built considering the dynamics of performance over three years, allowing you to make a picture socio-economic development of the region and to assess the tax potential and the tax burden on different types of taxes and the types of economic activity (Information of the Federal tax services from October 31, 2018). This information is used by the authorities. Tax a passport may be interesting for taxpayers to assess financial and investment potential of the regions when making business decisions and planning investment activities on the territory a particular subject of...

Deputy the head of Department of pre-trial settlement of tax disputes, on Russia Elena Tarasov said that every dispute with the taxpayer about the abuse the right to use special tax treatment when you create schema crushing business shall be permitted on the basis of the evaluation of the collected evidence in the course of tax control measures. the Representative FNS of Russia noted that the reviewer must prove separation of data entities of a single economic entity. Namely, when due to large volume of business Tax code does not allow use special tax regimes that may apply small businesses. For example, the residual value key means individual entrepreneurs should not exceed 150 million rubles. Elena Tarasova noted that the mere fact of...

Deputies of the state Duma, headed by Anatoly Aksakov has proposed to tighten existing anti-money laundering legislation. To this end, in the lower house of Parliament introduced the relevant bill. the First of them is planned to set the rule that mandatory control will be to be subject to operations in the amount of 50 thousand rubles and more (or foreign currency equivalent) made through cash, made by the subscriber for communication services. However, this provision will not to act in relation to the direct payment of communication services. Also not possible that under such control will fall, and mail transfers funds in the amount of 100 thousand rubles and more or in foreign currency, equivalent. in addition, it is possible that...

Face, responsible in the organization for the security road, must have special education, even if the organization is not engaged in the transportation of passengers, cargo and baggage, and operates a fleet of vehicles only for their own needs. This was pointed out the Supreme Court of the Russian Federation, having considered the complaint of the Bank in the case of an administrative offense under part 1 of article 12.31.1 of the administrative code (Ordinance the Supreme Court of the Russian Federation from October 3, 2018 No. 31-AD18-16). Fine in the amount of 100 thousand rubles was imposed after inspection of Gosavtodornadzor: the inspector found that the responsible for organizing the work to ensure road safety, no diploma education...

Ministry has prepared amendments to the rules of supply of gas to the population in which proposes to increase the fee for gas for heating without a meter and a half times and to enter the high - tenfold the penalties for the unauthorized interference in the operation of the counter. the Draft resolution the government on amendments to the "Rules of gas supply for ensuring household needs of citizens" the developer of published on the portal of projects of normative legal acts. The co - managers the economic development Ministry, energy Ministry and Federal Antimonopoly service of Russia. the Project will help "to strengthen the payment discipline of utility consumers gas, to increase the security of gas supply, encourage subscribers to...

Legal entity received approval of Management FNS of Russia on the subject of the Federation for the tax period in 2018, submit a single tax return tax on property of organizations and (or) transport tax for the tax period in 2018 in accordance with these approvals. However, the tax on property of organizations of the Declaration is presented in the tax authority, which seemed to tax calculations on advance payments, from filling in tax returns code of registration (CPT) similarly stated in earlier presented calculations on advance payments for 2018. Such explanations are contained in the letter of FNS of Russia from November 2, 2018 No. BS-4-21/21425@ "On the procedure of submission of tax returns tax the property tax and transport...

The Government overturned or invalidated on the territory of the Russian Federation: the Charter about discipline of workers of sea transport; the Charter about discipline of workers of fishery fleet of the Russian Federation; the Charter about discipline of workers of sea transport; the Charter about discipline of workers of river transport in the USSR (the RF Government decree of 26 October 2018 No. 1275). Recall that since December 31, 2017, from the law were excluded the rules provides for the necessity of approval of the statutes on discipline for transport workers (Federal law dated 20 December 2017 n 400-FZ). Now, as you can see, the Government gets rid of previously existing statutes.

Ministry of health Russia has developed a draft order providing for the imposition of the unified form of the personal medical records of workers, their administration and issuance, and reporting. As specified in the official website of the Ministry, until the present time, such a normative legal act was not adopted. Although the legislation provides that the procedure for the reporting and issue of personal medkniga is determined by the authorized Federal body Executive authorities (part 6 article 34 of the Federal act of 30 March 1999 g. № 52-FZ "On sanitary and epidemiological welfare of the population"). Unified the medical card will contain, in particular, from such sections as professional hygienic preparation and certification...

Relevant information is published on official site FNS of Russia. Tax the Agency plans to place a 36 of the model Charter. All of them approved by order of Ministry of economic development of the Russian Federation from August 1, , 2018 No. 411 "On approval of model regulations, on the basis of which may be the limited liability company". This document will enter into force on 24 June 2019. The model Charter will be able apply as already existing legal entity and re-created. the Tax office has identified several major advantages of using the model Charter: - saving time on the preparation and approval of the company's Charter and its registration in the tax authority; there are no data on name, company, location and size the share capital...

Ministry of Finance Russia made some changes in the comparative table of codes of types revenue budgets and corresponding codes of the analytical group subspecies of income applied in the year 2018, the codes used in 2019 year, in conjunction with the codes of KOSHU. This table was posted in June this year, but now clarified some of the linkages between codes (information of the Ministry of Finance of Russia dated 28 June 2018). In particular, research team of a subtype of revenues 140 "Sums of compulsory withdrawal" will not be applied with the sub-174 "lost income" KOSHU. [Newline] this added an additional linking this code, income – sub - 141 "Revenue from penalties for violation of the legislation on procurement and breach of contract...

Report the Government of the Russian Federation was published today on his official website. He is devoted to the results of the monitoring of law enforcement in Russia in 2017, the Cabinet should be held annually. Reported that 2017 and the first half of 2018, the Federal authorities promptly has developed a draft NPA on research on law enforcement practices. During this period, took 578 of the acts, and the most active developed legislation in the field of anti-corruption, the safe functioning of the organizations of defense industry, nuclear, chemical and fuel and energy complexes of the country, critical infrastructure and transport infrastructure. Despite on a significant number of existing acts, plans and the future adjustments...