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Question - answer - Legal advice

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Legal advice

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Ministry of labour considered the average pension by 1 January 2019 in the whole of Russia and regions. From the report of the officials suggests that even the smallest average pension is at the level of the minimum wage, that is, to live for it is quite possible. Why did the experts say about the falling incomes of pensioners, and they complain about the lack of funds for food and medicine? What happened? The Ministry of labour and social protection of the Russian Federation published a report on the results of complex monitoring of the socio-economic situation of the elderly in 2018. In accordance with this document, in Russia every fourth person (37,9 million people) is above the working age. This means that pensioners 25,4 % of the entire population of...

Card of the legal person or entrepreneur is a specialized template that is widely used by companies as business cards. Simply put, this is a list of the main details of the economic entity necessary for the partners for cooperation. What it is a company Card — the form is optional. There are no normative documents requiring business owners and managers to produce documentation of such R Card of a legal entity or entrepreneur is a specialized template that is widely used by companies as business cards. Simply put, this is a list of the main details of the economic entity necessary for the partners for cooperation. What it is a company Card — the form is optional. There are no normative documents requiring business owners and managers to produce documentation...

Application for educational leave with pay is a written request of the student employee to give him the opportunity to execute operational functions in the examination period without loss of income. To meet or not to meet the request, the employer will decide, based on the rule of law. Often students are forced to look for jobs in parallel. And sometimes, on the contrary, permanent employees of organizations go to get an education. And employer should be prepared for the fact that twice a year these team members will be excused for the session. We will tell you how to be the document, consider the sample statements about educational leave and explain that the worker has the right student. Legislative framework

FTS of Russia explained the procedure for the formation rate of 6-pit, the reference 2-pit and stated: if the tax agent is found in the submitted calculation errors, which lead to the overstatement or understatement of tax, he shall make the necessary changes and send the revised calculation; if the organisation is able to withhold tax during the year, but did not, then do not apply the provisions of the notification of the tax authority on the impossibility to withhold tax; after the mentioned fact, the organization is obliged to withhold personal income tax upon payment of current revenue, remit the tax to the budget and submit the revised calculation and the reference (letter FNS of Russia from April 24, 2019 number BS-3-11/4119@).

In the letter of FNS of Russia on the example reflected in the form 6-personal income tax payments of physical persons, under court orders (letter FNS of Russia from April 11, 2019 n BS-4-11/6839@). The former employee, who was fired may 30, 2018, according to the Executive sheet 5 Dec 2018 listed the salaries for April, may 2018 (withholding income tax), compensation for violation of the terms of payment of wages, the amount of compensation for moral damage, compensation for unused holiday at dismissal (without deduction of income tax). Explained that the payment of wages for April, may 2018 produced 5 December 2018, is reflected in rows 020, 040, 070, section 1 of calculation on form 6-income tax for the half year 2018. This payment in section 2 of the...

Joint-stock company has addressed in court with the claim to the employee to recover from him the amount of damages. The employee worked as a head of warehouse, it was concluded a contract on full material liability. As a result of the employer inventory revealed shortage of material values for the sum more than 200 thousand. RUB. Worker, among other things, referred to the court on an incorrect determination by the employer of the amount of recoverable damages. In the opinion of the employee, the damage had been illegally included the trading margin. That is, the employer recover from the employee the price of the lost material values, by which he intended to implement them, not the amount actually incurred for their acquisition costs (determination of the...

To Work hard in the summer, and holidays is not enough — only one, the Day of Russia. Therefore, the employees appreciate not only the date but even the hour of free time. The answer to the question, whether an abbreviated day 11 June 2019, will find in a Labour code and a manufacturing calendar. Summer traditionally has to work less and rest more. I want to take a vacation or at least go to the cottage for the weekend. But since in 2019 gala day on 12 June falls in the middle of the week, Wednesday, to start I want to relax on the eve. Understand, what establishes the duration of the working day on June 11. The holidays

Certificate of conformity of the quality management system ISO 9001 is a document proving that the enterprise received certification according to international standards International Organization for Standardization (International organization for standardization). In Russia there is an analogue of an international certificate GOST R 9001. This document confirms that the company successfully implemented and operates the quality management system of the final product. Otherwise, it is called a "certificate of conformity of the QMS". The principles of ISO 9001 Standards to obtain ISO 9001, versatile for any business, regardless of industry, size, geographical location and ownership. They are designed in such a way that the implementation of standards has...

Tax code establishes the obligation for foreign organizations that provide services in electronic form, the place of realization of which is the territory of the Russian Federation to calculate and pay VAT, if such a duty is not imposed article 174.2 of the tax code to a tax agent. In the presented letters considered two situations: 1) if the foreign organisation consisting on the account in tax bodies, provides Russian customers not only the services in electronic form, but some (any!) services place of implementation which recognized the territory of the Russian Federation, in relation to such other services the obligation to calculate and pay VAT to the budget is attributed to foreign organization. 2) if the terms of the agreement for provision of...

The Tax office released the letter with clarifications concerning the taxation of interest on Deposit accounts (letter FNS of Russia from June 3, 2019 number BS-3-11/5354@ "On taxation of incomes of physical persons"). First of all, the IRS explained that the duty to pay the tax does not depend on the fact of opening a Bank account, and receiving taxable income, and the status of individuals. As a General rule, taxed on all income received in the form of interest from Russian companies (sub. 1 clause 1 of article 208 of the Tax code). But tax is not charged on the whole amount of interest. The taxable base is only the excess of interest above the contract interest calculated on the basis of the refinancing rate of the Bank of Russia plus five percentage...

Russian pharmacies will be able to lose the license with a systematic failure to implement recommendations for the storage of medicines, said the head of Roszdravnadzor Mikhail Murashko. "In Russia there will be an inspection visit to the pharmacy is a new form of work in the form of a short test which allows you to see the conditions of storage of goods. This system is now being developed. If the inspector identifies problems, the pharmacy will issue a warning and will be obliged to destroy the drugs that were stored with violations. The detection system not meeting recommendations for storage we will conduct an unscheduled inspection, and then we will talk about the deprivation of establishment license." The head of the Ministry reminded that from 1...

Explained that the deduction can be taken for the VAT on the purchase of electronic services from foreign suppliers and have foreign intermediary (letter FNS of Russia from 14 may 2019, the number of CD-4-3/8916@). Importantly, the existence of the documents specified in clause 2.1 of article 171 of the Tax code, namely: the contract and (or) the payment document with allocation of the VAT amount and an indication of the INN and KPP of the foreign organization; documents on the transfer of foreign payment, including the VAT amount. In the book of purchases, it is recommended to indicate: in column 2 – code type of operation and 45; column 3 – the number and date of the contract or the payment document (invoice for payment services, the act on the provision...

The Owners and tenants of flats in the MCD obligation to let inside: the house control organization (UK) for inspection of the apartment (as part of the MCD) and indoor equipment. This was pointed out by the Supreme court of the Russian Federation; brigade, which occupied major home repairs, repair of intrahouse engineering networks, which are located in the walls or under the floors in the apartment, including the need for dismantling of the floor or walls (after equipment repair they then are required to plug – related work included in the project of capital repairs and expenditures to the estimates). So said the Ministry of construction of Russia (letter of the Ministry of construction of Russia from may 28, 2019 No. 20295-OG/06, Definition of Judicial...

Initial recognition of the object of accounting operating lease – right of use asset is made on the date of classification of objects of accounting of rent in the amount of lease payments for the entire period of use of the property under lease agreement with the simultaneous reflection of the rental obligations of the tenant, that is payable under the lease (letter of the Ministry of Finance of Russia from may 8, 2019 No. 02-07-05/33497). It does not matter how long the leased property. For example, in the case of a contract of lease of land for 49 years, the right to use this site accounting should be adopted in the amount of lease payments provided for 49 years.

To the Supreme Court of the Russian Federation heard the case on the merits of the employee's reinstatement. The employee was dismissed for absenteeism allegedly committed in the period from 25 to 27 July 2017. However, the employee pointed to the fact that on June 24 he appealed to the employer with request to grant him leave without pay in connection with the birth of the child (Definition of Judicial Board on civil cases VS the Russian Federation from April 22, 2019 No. 5-KG19-21). Recall that according to article 128 of the Labor code the employer is obliged in cases of child birth, marriage registration, death of close relatives on the basis of a written application of the worker to grant leave without pay up to five calendar days. However, the courts...