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Company / Laws

In some cases, the income from sale of share in the Charter capital of the entity will not be subject to personal income tax

Question - answer - Legal advice 02.09.2019 at 15:27

Question - answer - Legal advice

Ministry of Finance of Russia has explained features of calculation of the minimum period of possession of the property when calculating personal income tax on income from sale of share in the Charter capital of a Russian organization (letter of Department tax and customs policy of the Ministry of Finance of Russia from August 13, 2019 No. 03-04-05/61178). Tax laws exempt from taxation the income of individuals received from sale (redemption) of shares in authorized capital of Russian organizations and shares, provided that on the date of their sale (redemption) they have continuously belonged to the taxpayer by right of ownership or another proprietary right for more than five years (p. to 17.2 of article 217 of the Tax code). By the General rules of property acquired by spouses during marriage is their joint property, only if the contract between them does not state any other mode of this property (item 1 of article 256 of the Civil code, paragraph 1, article 34 of the Family code). It does not matter on the name of one of the spouses it was acquired or the name of someone or who of the spouses deposited funds (clause 2, article 34 of the Family code of the Russian Federation).