FEDERAL LAW OF THE RUSSIAN FEDERATION

of November 9, 2020 No. 368-FZ

About modification of parts the first and second Tax Code of the Russian Federation

Accepted by the State Duma on October 21, 2020

Approved by the Federation Council on November 3, 2020

Article 1

Bring in part one of the Tax Code of the Russian Federation (The Russian Federation Code, 1998, No. 31, Art. 3824; 1999, No. 28, Art. 3487; 2002, No. 1, Art. 2; 2006, No. 31, Art. 3436; 2008, No. 48, Art. 5519; 2010, No. 31, Art. 4198; No. 45, Art. 5752; 2011, No. 27, Art. 3873; No. 30, Art. 4575; No. 47, Art. 6611; No. 49, Art. 7014; 2012, No. 27, Art. 3588; 2013, No. 26, Art. 3207; No. 30, Art. 4081; 2014, No. 45, Art. 6157; No. 48, Art. 6657; 2015, No. 18, Art. 2616; No. 24, Art. 3377; 2016, No. 7, Art. 920; No. 18, Art. 2486, 2506; No. 27, Art. 4176; 2017, No. 49, Art. 7312, 7315; 2018, No. 1, Art. 20; No. 9, Art. 1291; No. 31, Art. 4821; No. 32, Art. 5087; No. 49, Art. 7496; 2019, No. 39, Art. 5375) following changes:

1) in Article 25.13-1:

a) paragraph one of Item 1 after words "1." To add profit of the controlled foreign company with words "(except for the fixed profit of the controlled foreign company (further in this Code - the fixed profit) concerning which the physical person provides to tax authority the notification on transition to the tax discharge on the income of physical persons from the fixed profit according to the procedure and on conditions which are established by Chapter 23 of this Code)";

b) in Item 2:

in subitem 1:

the fifth to add the paragraph with words ", except for the tax on the income withheld at payment source concerning the income specified in the subitem 1 of item 4 of Article 309.1 of this Code which source of payment are the Russian organizations if the controlling person of such foreign organization has the actual right to such income taking into account provisions of article 312 of this Code";

to add the paragraph of the sixth with words ", reduced by the amount of the income specified in the subitem 1 of item 4 of Article 309.1 of this Code which source of payment are the Russian organizations if the controlling person of such foreign organization has the actual right to such income taking into account provisions of article 312 of this Code";

in subitem 2:

the fifth to add the paragraph with words ", reduced by the amount of the income which source of payment are the Russian organizations if the controlling person of this foreign organization has the actual right to such income taking into account provisions of article 312 of this Code";

c) state item 4 in the following edition:

"4. For the purpose of Item 1 of this Article foreign holding company the foreign organization concerning which the following conditions are at the same time satisfied is recognized:

1) the share of direct participation of the Russian organization - the controlling person in the authorized (share) capital (fund) of this foreign organization constitutes at least 75 percent;

2) share of this foreign organization at least in one foreign organization constitutes at least 50 percent;

3) share of this foreign organization in other foreign organizations (in the presence) constitutes at least 15 percent;

4) the period of ownership of the shares specified in subitems 1 - 3 presents of Item, constitute at least than 365 consecutive calendar days on end date of financial year according to the personal law of this foreign organization.";

d) add with Item 4.1 of the following content:

"4.1. For the purpose of Item 1 of this Article foreign subholding company the foreign organization concerning which the following conditions are at the same time satisfied is recognized:

1) the share of direct participation of foreign holding company in the authorized (share) capital (fund) of this foreign organization constitutes at least 75 percent;

2) share of this foreign organization at least in one foreign organization constitutes at least 50 percent;

3) share of this foreign organization in other foreign organizations (in the presence) constitutes at least 15 percent;

4) the period of ownership of the shares specified in subitems 1 - 3 presents of Item, constitute at least than 365 consecutive calendar days on end date of financial year according to the personal law of this foreign organization.";

e) state Item 5 in the following edition:

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