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Legal advice

Legal advice

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The conclusion contained in the judgment of the Arbitration court of the Ural district from 29 Jan 2019 № F09-9273/18 in the case № A76-19830/2018. According to the taxpayer, the submission of inspection conduct a field tax audit shall not result in the penalty provided for paragraph 1, article 126 of the Tax code, as article 93 of the tax code does not contain direct reference to the submission of documents directly to the tax inspection. On the demand of the tax body the organization sent the letter, which indicated that the originals of the documents submitted by officials of the Inspectorate for its location. the Courts of three authorities indicated that, under such circumstances, the duty of the taxpayer's submission of documents not...

Is the fourth review of court practice on disputes with participation registered bodies for 2018. It provides practice on Affairs about challenging decisions about refusal in state registration of legal entities and individual entrepreneurs, decisions on the state registration, as well as contesting other decisions and actions (inaction) of bodies of registered (letter FNS of Russia from 28 Dec 2018 № GD-4-14/25946@). the Review noted, inter alia, the following: registration of a legal entity is not permissive, the applicant is not obliged to prove the feasibility of creating a legal face. Failure of the applicant to inform the registering body information on the person, which will take the financial statements of the created legal entity,...

The service is intended for use by taxpayers on a regular (https://pb.nalog.ru/calculator.html). to Compare their tax burden is possible for individual taxes with the average values for the industry in the context of a subject of Federation. the Relevant information contains in the letter of FNS of Russia from February 11, 2019 n BA-4-1/2308@ "placing service "Tax calculator the calculation of the tax burden". in addition, the letter is accompanied by methodological information on working with the new service. The tax office encourages taxpayers to use the information posted on the service, for independent assessment of its tax risks and to increase fiscal discipline and literacy. A service contains information about the average level of...

Supreme court of the Russian Federation upheld the conclusion of the court of appeal court that the inclusion by the seller in the General terms of use gift cards and trade Rules for gift cards point, establishing that purchased gift cards are not subject return, infringes on the rights of consumers (the Definition of the armed forces from December 27, , 2018 No. 305-AD18-18522). the circumstances of the case were as follows. the course of routine site inspections of Rospotrebnadzor store found in the General terms of use gift cards and the Rules turnover gift cards this store item prohibiting their return, and store fined for 10 thousand rubles under part 2 of article 14.8 of the administrative code, citing what this condition violates...

Educational standard for obtaining the status of a qualified user the Internet can be developed in Russia, said at the international the cybersecurity forum the Deputy of the state Duma, the Chairman of the Committee the state Duma on information policy, information technologies and communications Leonid Levin. Now, when the reverse development the Internet is the activity of cybercriminals, it is important to improve digital literacy. Russia leads in the number of crimes the Internet. The main method is phishing, which is dangerous not so much intelligence, how banal extortion of money from users. In January the Central Bank of Russia was endowed with the power to block fraudulent copycat websites and pyramid schemes in the pretrial...

Ministry of justice Russia has posted a notice on the development of appropriate bill. In the case of the adoption of the document by decision of the head the parent body of the Prosecutor the term of the administrative investigations into cases of illegal compensation on behalf of a legal entity can be will be extended to 12 months. However, this possibility is offered be provided only in cases of request for legal assistance (article 29.1.1 of the administrative code). For these purposes, paragraph 5 of article 28.7 of the administrative offences code , Russian Federation is planned to add a new section 5. Recall that, as a General rule, term of carrying out of administrative investigation may not exceed one month from the date of...

Treasury Russia, in accordance with sub-item "d" p. 6 of the Rules of the Treasury the maintenance funds in the currency of the Russian Federation approved the Order of formation ID the state contract with the Treasury, accompanied by a funds in the currency of the Russian Federation in cases stipulated by the Federal law "About the Federal budget in 2019 and the planning period of 2020 and 2021 years" (hereinafter – the Order). the Procedure establishes rules of formation ID the state contract with the Treasury, accompanied by a the means indicated in part 2 of (subject to the provisions of CH 3-6) and part 7 of article 5 the Federal law of November 29, 2018 No. 459-FZ and is given on the basis of the contracts and agreements listed in...

Ministry of health Russia has approved the size of the share of wages in the structure of the standard financial costs per unit volume of the PMF provided above the base the MLA. This dimension is needed to calculate the subsidies, which provided from the budget of the mandatory medical insurance Fund of Russia Federal state institutions, providing the appropriate VMP (order of the Ministry of health of Russia from December 26, , 2018 No. 926n). the highest size fraction is 0.86 – set for the PMF profile in neurology (neurorehabilitation). This the same decree approved the form of presentation of information about the figures for this VMP, installed to the FGI in the state assignment, last year (relative to year calculation of the grant...

Driver which missed the car with the right of first refusal travel and collided with him at the crossroads, if at the same time suffered people, is acceptable to punish under two articles of the administrative code: and on h. 2 art. 12.13 of Code for something that is not missed (the fine is imposed STSI), and article 12.24 – for violation of traffic rules with consequences in the form of injury of mild-to-moderate severity (fine and denies human rights court). In such circumstances, two of the decision administrative penalty not indicate that in one act privlacnost to responsibility twice (the Supreme Court Ruling the Russian Federation of January 15, 2019 No. 48-AD18-13). it is pointed out, the armed forces, having considered the...

According to article 82 of the Labour code, the dismissal of employees who are members of the the Union, on the grounds specified in paragraphs 2-3 or section 5 of part 1 of article 81 TK , Russian Federation is subject to the reasoned opinion of the elected the primary trade Union organization in accordance with article 373 of the LC RF. the court has considered the dispute between the employee and the employer, based on was a difference in understanding of the rule. The employee considered illegal their dismissal from the organization in connection with repeated failure to perform duty because the employer did not request the dismissal reasoned opinion of the trade Union. The employer believed that he did not had such a duty. In fact, the...

Economic development Russia considers it necessary to take special Federal law governing relations for the organization e - trading. So designed the bill will, in particular: translate to the universal electronic auction process; to establish a uniform auction procedure in electronic form; to determine the unified list of electronic platforms functioning 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"; to impose uniform requirements for bidders, the composition of the notice on tendering and documentation about them. it is expected that e-tendering will be the working day, specified in the notice on their carrying out. And...

Supreme court of the Russian Federation quashed the decisions of lower courts, recognize the legitimate involvement of employer liability under part 1 , article 5.27 of the administrative code of the results of the round checks (Ruling sun , Russian Federation of January 18, 2019 No. 19 AD18-32). the Basis for assign to the employer an administrative fine was illegal, the opinion of the inspector, the dismissal of an employee for absenteeism. Problem was a failure to comply with the employer requirements of article 193 of the Labor code on the inadmissibility of the imposition of the disciplinary sanction after more than six months from the date of Commission of the offense. The employee was dismissed may 31, 2016 for absence from the...

Pension Fund of Russia has been constantly implementing new features for making the program of the parent capital is more simple and convenient for families. One of these areas — the provision of services in electronic form. So, through Personal Cabinet on the website of the Pension Fund or the state services portal, you can obtain the certificate in electronic form. to do this, you need to submit an application in electronic form. Further, as in the case of a regular certificate, contact the Pension Fund with the necessary documents of personal storage (for example, birth certificate of children).

Compensation the actual damage by the developer of the apartment building to the taxpayer in the cost of remedying the shortcomings of the construction forms an economic benefit and, accordingly, is not income taxable personal income tax. However, the penalty paid by the Builder participatory construction for violation of the terms of elimination of defects (defects), on the contrary, meets the criteria for economic benefits and is subject to taxation personal income tax (letter of Department tax and customs policy of the Ministry of Finance of Russia on 21 December 2018 No. 03-04-05/93520). on the basis of the judicial practice, the financiers have indicated that the penalty (fines, penalties) have exclusively free-kick character. They are...

Payers VAT and income tax can submit the unified (simplified) Declaration, if they have no activity and have no objects net. Returns are available on a quarterly basis (letter FNS Russia dated 16 November 2018, the number of BS-4-21/22277@ "consideration treatment"). the Declaration on the property tax (calculations based on advance payments) serves only organization with. net (let us add that this also applies to transport, land taxes). the Organization who are not paid to individuals are not required to generate the reference 2-pit and calculations 6-pit.