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Question - answer - Legal advice

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Legal advice

Found 820 items

Judicial Board on economic disputes of the Supreme Court of the Russian Federation recalled one case where the rule on proportional the allocation of costs in partial satisfaction of the claim is valid: it does not apply when allowing claims for the recovery penalty, which is reduced by the court by rules of article 333 of the Tax code (Definition of Judicial Board on economic disputes of the RF armed forces 23 Oct 2018 No. 305-ES18-9681). In this case, the court the first instance came to the conclusion that there are grounds for recovery penalty, but considered the amount claimed excessive and disproportionate the consequences of the obligation breached. In this regard, he reduced it size 333 of the Civil code. The cost of paying the...

As , no fighting the government with employers who hire people without labor contract, to completely defeat this evil still does not work. Oh, hurt a lot of benefits in this system for the home - worker without papers you can save money and pay him less than the formally employed, and in if anything just kick a person out the door and not be afraid for the consequences. Attempts to Woe-workers to prove the fact labor relations with the owner rarely give a positive result. It therefore, the explanation of Judicial Board on civil cases of the Supreme court of the Russian Federation by results of consideration of such a dispute can help people, find themselves in a similar situation. And as the court statistics such claims are common. the...

January 1, 2019, the basic VAT rate increased from 18% to 20%. [Newline] this regard, taxpayers began to wonder about how to switch to the new rate, not in violation of any of the terms of contracts, no tax legislation. this time the tax office has prepared comprehensive guidance examples of (letter FNS of Russia from 23 October 2018, the number of CD-4-3/20667@). the Biggest interest is the situation when the terms of the agreement cost goods established in a fixed amount without VAT, as tax is calculated on a is the rate that is valid at the time of the transaction. In a case, the advance payment and shipment in different periods, a difference arises in 2%, which is paid by the buyer. FTS recommends that such fee received in year 2019...

Society has addressed in court with the requirement about collecting from the tax inspection of over 5.5 million rubles of losses resulting illegal suspension of the tax on expenditure transactions Bank account (decision of the Arbitration court of Moscow district dated 20 September 2018, the number F05-11459/16 in the case № A40-168230/2015). However, a legal entity are unable to prove your loss, as the courts come to the conclusion that the organization in fact could not and did not intend to invest money and what to invest in the shop, which is located in another state. the Court court of cassation pointed out that the recovery of lost profits, the plaintiff must prove that it has taken the necessary steps to obtain benefits and made...

Individual entrepreneur (IP) using CPF to 2018, purchased two cash the machine more than 18 thousand rubles each. Accordingly, the amount of the deduction may be 18 000 rubles. x 2 = 36 thousand. (clause 1.1 article 346.51 of the Tax code). However, the cost of the patent over the 2018 is 30 thousand rubles. the Question is whether the balance deduction (six thousand rubles) to next year (the letter of UFNS Rossii po g. Moscow dated October 16, 2018 No. 20-14/215230@). In the letter no. a clear answer to this question. However, the phrase, "...the individual the entrepreneur is entitled to reduce the amount of tax the amount of costs the acquisition of cash registers included in the register cash registers for use in implementing...

Bought ready to move in Studio apartment and got the whole set the disadvantages. To alter a long list of deficiencies, the firm refused, grief-Novosel went to court. But lost, as defects " hinder the accommodation and are not significant deficiencies apartment." had settlers to reach the Supreme court, , which considered the demands of the citizen is quite fair. According to high court, numerous deficiencies can to indicate a mismatch of the apartment to be met by housing requirements. And to protect the rights of the citizen in this case should be the Law "About the protection of the rights of consumers". Here's how the revised argument, the Supreme the court. The citizen received from the developer an apartment with numerous...

The system of collection, removal, disposal of debris, and hence new rates will be effective from 1 January 2019. Each region selects regional operator, with whom the management companies, TSZH, SP, owners of private houses contract. However, several regions went ahead and have already switched to the new system. Service garbage collection will receive the receipt in a separate line. Those who signed the contract on waste disposal directly, will receive another payment document. In Yaroslavl and Astrakhan regions, Altai territory the rate will be less than 100. In the Omsk region it is also planned to set payment that will not exceed this threshold. But in many the regions proposed tariffs frightened residents.

Made changes in consumption rates of fuels and lubricants road transport introduced by the order of Ministry of transport Russia from March 14, 2008 № AM-23-R. Clarified that the basic rule fuel consumption for the mileage of the car is determined not only by the tables, given by the Ministry of transport, but also on the basis of data factory. They can be obtained according to test results WLTP or tests to UN Rule No. 101. If you use data the manufacturer received the test results by the Rule UN 101, they need to be adjusted by the correction factor (a the Ministry of transport of 20 September 2018, the number of IA-159-R). Recall what the Tax code does not stipulate the rationing of fuel in order profits tax, and consumption rate of...

A "moment of distribution of dividends" in the context of provisions of article 275 the Tax code should understand the date of the decision on the distribution (payment) of dividends. Such explanations are provided in the letter of Department tax and customs policy of the Ministry of Finance of Russia from 8 Oct 2018 n 03-03-06/1/72153. The Agency pointed out that the tax code does not reveals the term. However, the true definition of the date that is is considered the date of distribution of dividends, it is necessary to calculate one of the indicator to determine the amount of tax profit (paragraph 5 of article. 275 of the tax code). Therefore, in this case on the basis of article 11 NK , Russian Federation you need to understand the...

Non-food goods in September rose by an average of 0.4%, which is higher than the September of last year (when monthly growth was 0.3%). [Newline] according to Rosstat (http://www.gks.ru/free_doc/doc_2018/info/oper-09-2018.pdf). all prices on natural gas, which in September, became more expensive by 6.9% (YTD 40.9%). Clothing and shoes from the new autumn and winter collections became more expensive by 0.6% to 1.2%. is 0.8% more expensive refrigerators, washing machines, cookers and kettles.

The opinion of the Ministry of Finance, the Convenor of the joint bidding sets requirement of applications for participation in tenders and auctions if the MSPC stated in the notice on the implementation of joint purchases of $ 1 million rubles (letter of the Ministry of Finance of Russia from August 1, 2018 , No. 24-01-08/54173 "On consideration of the appeal"). Recall, accordance with part 1 of article 25 of the Federal law of April 5, 2013 no 44-FZ "On contract system in procurement of goods, works and services for ensuring state and municipal needs" customers given the right to conduct joint tenders and auctions in procurement the same goods and services. In this case, the MSPC specified in notice on the implementation of the...

The Office has prepared a position paper on the issue of calculating the unit price of the goods, works, services at the conclusion of the contract. So, in the letter of the FAS of Russia is emphasized, if the contract provides for delivery of several items product, several stages of execution of the contract, the final cost each position of each of the stages is recalculated by the customer in proportion to the reduction ratio of the price of the item or the stage, calculated in determining the MSPC, provided that this price positions product or segment was specified in the documentation about purchase (letter FAS Russia from August 6, 2018 n AD/61403/18 "On review of appeals"). it is noted that in the procurement of medicines an...

Fear growth of prices and rates, the Russians have rushed for loans. The volume of retail credit for the 9 months rose by almost 17%. Experts believe that this growth is fraught with risks for the economy. The Russians scored new credits on the background of stagnation of real incomes. the Central Bank's data suggests that in Russia has begun active growth lending. According to the data for 9 months of this year, lending to the economy grew by 8.7% (excluding FX effect). Corporate loans for the three quarters increased by 5.5%, loans to individuals – 16.7%.

Optimal the age at which you want to allow the buyer of alcoholic drinks - 21 year. This was stated by the Minister of health of Russia Veronika Skvortsova. an interview with the Minister recalled that every year in the world from using alcohol kills about 3.3 million people, representing 5.9% of all deaths. At the age of 20-39 years, approximately 25% of the deaths associated with alcohol. "alcohol Consumption at the age of 21 when the brain is still in the process of active formation, promotes to reduce the functionality of important parts of the brain and long-term deterioration some ability", - said Skvortsova, who specialty neurologist.

Said defects do not prevent the accommodation and are not the disadvantages of apartments in the building. However, these defects to indicate a mismatch of apartments are usually made to it demands in the sense of the Law of the Russian Federation of February 7, 1992 № 2300-I "About the protection of consumer rights" (hereinafter – the Law on consumer protection). This was pointed out to the Supreme Court Russian Federation, regarding the complaint of the consumer in the case of the "defective" one (definition of Judicial Board on civil the armed forces from September 4, 2018 No. 49-KG18-38). the Developer gave the apartment with numerous construction defects: the floor, wall, and ceiling, all crooked and oblique, concrete screed fragile...