Legislation amendments

Amendments to the parts one and two of the Tax code of the Russian Federation and the certain legislative acts are made by the Federal Law No. 374-FZ dated 23.11.2020.

The Law provides a number of measures aimed at improving tax administration as well as clarifies some provisions on payment of taxes, excise taxes and state duties.

Among main changes related to the legal entities are:

• since January 1, 2020, not only property, but also property rights transferred free of charge from a subsidiary or an individual with a share of at least 50% are put out of company’s income;
• since November 23, 2020, it is established that the transport tax benefit is granted from the tax period when the payer became eligible for the benefit, not from the moment when the tax authorities learned about it;
• power of attorney standard on reporting to the tax authorities entered into force on November 23, 2020. The Federal Tax Service of the Russian Federation must approve the new form and electronic format of the power of attorney and the rules for its submission to the Inspectorate;
• since January 1, 2021, it is established that in respect of a destroyed taxable object, the calculation of property tax is terminated from the 1st day of the month of destruction on the basis of the relevant application submitted by the taxpayer to the tax authority by its own choice;
• data on movable property should be revealed in the property tax return;
• the procedure for forming the remaining value of intangible assets, which is defined as the difference between their original value and the amount of depreciation accrued during the period of operation, is established;
• the financial platform operators are exempt from VAT;
• a state fee of 35000 rubles is set for filling data on legal entities in the register of financial platform operators;
• the procedure for taxation of dividends and income from securities transaction are clarified;
• the rules for applying the investment tax deduction when paying income tax are clarified; application of extended interest rate limits on debt obligations is extended until the end of 2021;
• in order to apply the reduced rates of insurance premiums, the criteria for income share calculation for IT companies are clarified;
• since July 1, 2021, the tax returns will be considered as unreported if the fact of signing by unauthorized persons or non-complaining of their indicators with standards will be found. For such cases, the features of termination and resumption of desk audit were established.