ORDER OF THE GOVERNMENT OF THE RUSSIAN FEDERATION

of July 11, 2022 No. 1234

About modification of the Regulations on implementation of request by the organization of the financial market at the clients of information on such clients, beneficiaries and (or) persons directly or indirectly controlling them, its processing, including documentary fixing, and the analysis, about acceptance, including documentary fixing, reasonable and available in the circumstances measures for establishment of the tax residence of the clients, beneficiaries and persons directly or indirectly controlling them including check of reliability and completeness of information provided by the client, and also about structure, about conditions, about procedure and terms of submission of the specified information in federal executive body, the representative for control and supervision in the field of taxes and fees

The government of the Russian Federation decides:

1. Approve the enclosed changes which are made to Regulations on implementation of request by the organization of the financial market at the clients of information on such clients, beneficiaries and (or) persons directly or indirectly controlling them, its processing, including documentary fixing, and the analysis, about acceptance, including documentary fixing, reasonable and available in the circumstances measures for establishment of the tax residence of the clients, beneficiaries and persons directly or indirectly controlling them including check of reliability and completeness of information provided by the client, and also about structure, about conditions, about procedure and terms of submission of the specified information in federal executive body, the representative for control and supervision in the field of taxes and fees, approved by the order of the Government of the Russian Federation of June 16, 2018 No. 693 "About realization of the international automatic exchange of financial information with competent authorities of foreign states (territories)" (The Russian Federation Code, 2018, No. 26, Art. 3858; 2020, No. 52, Art. 8871).

2. This resolution becomes effective since August 1, 2022.

Approved by the Order of the Government of the Russian Federation of July 11, 2022 No. 1234

Changes which are made to Regulations on implementation of request by the organization of the financial market at the clients of information on such clients, beneficiaries and (or) persons directly or indirectly controlling them, its processing, including documentary fixing, and the analysis, about acceptance, including documentary fixing, reasonable and available in the circumstances measures for establishment of the tax residence of the clients, beneficiaries and persons directly or indirectly controlling them including check of reliability and completeness of information provided by the client, and also about structure, about conditions, about procedure and terms of submission of the specified information in federal executive body, the representative for control and supervision in the field of taxes and fees

1. The fifth Item 2 to declare the paragraph invalid.

2. Add with Item 3 (1) the following content:

"3(1). Data on the organization of the financial market and on the client, the beneficiary and (or) persons directly or indirectly controlling them are specified in Russian, and also in Latin with indication of transliteration method.".

3. Add item 4 with the subitem "in (1)" the following content:

"in (1)) the address of the organization of the financial market within the location of the organization of the financial market;".

4. In Item 5:

a) in the subitem "a":

third to state the paragraph in the following edition:

"birth date;";

add with paragraphs of the following content:

"number of the foreign identity document of the client (in case of its availability at the client);

the measures provided by Sections III and IV of this provision, undertaken by the organization of the financial market;

sign of belonging to foreign state according to appendix No. 2 to this Provision;";

b) in the subitem "b":

third to add the paragraph with the word of "(incorporation)";

add with paragraphs of the following content:

"sign of structure without formation of legal entity;

the measures provided by Sections III and IV of this provision, undertaken by the organization of the financial market.".

5. Add Item 8 with the paragraph of the following content:

"If the agreement was terminated unilaterally at the initiative of the organization of the financial market in the cases provided by Chapter 20.1 of the Tax Code of the Russian Federation, the organization of the financial market gives to such agreement the status of "compulsorily closed" agreement".

6. The paragraph one of Item 16 to add with words ", with assignment of the status "general (joint)" agreement".

7. Add Item 18 with the subitem "g" of the following content:

"d) if at the organization of the financial market it is withdrawn the license for implementation of the corresponding type of activity (the organization is excluded from the corresponding register) (is cancelled) or if the organization of the financial market is in stage of liquidation (reorganization), for the accounting period in which at the organization of the financial market it is withdrawn the license (the organization is excluded from the corresponding register) (is cancelled) or the organization was liquidated reorganized) in time, specified in the subitem "an" of this Item. At the same time if the decision on liquidation of the organization of the financial market is made it (will be accepted) to the term established by the subitem "an" of this Item, information provided by this Section for the corresponding accounting period is submitted about day of entering of data on the termination of the legal entity into the Unified State Register of Legal Entities according to the procedure established by the legislation of the Russian Federation on state registration of legal entities and individual entrepreneurs.".

8. Add Item 28 with paragraphs of the following content:

"Obligation of the organization of the financial market to provide information provided by this Section in authorized body it is considered performed if the organization of the financial market provides such information in full and in the time established by this Section.

The organizations of the financial market which provided the incomplete or unreliable information provided by this Section, and also did not provide such information at the scheduled time bear responsibility in accordance with the legislation of the Russian Federation about taxes and fees.".

9. The offer first of Item 56 to add with words "(except for the data provided by paragraphs the eighth and ninth the subitem "an" and the paragraph the seventh the subitem "b" of Item 5 of this provision)".

10. Add with Item 61 (1) the following content:

"61(1). If the client provides information that he and (or) persons directly or indirectly controlling the client are tax residents of the foreign state providing the "nationality (residence) in exchange for investments" program, the organization of the financial market shall request in addition from such client information on availability at it and (or) persons directly or indirectly controlling the client, other tax residence.".

11. Add Item 63 with the paragraph of the following content:

"If the organization of the financial market used the right established by paragraph one of this Item, it provides information on such third party to whom implementation on behalf of the organization of the financial market of information request at clients and carrying out the analysis and check of completeness and reliability of information provided by clients, in authorized body is entrusted.".

12. To state the subitem "an" of Item 2 of appendix No. 2 to the specified Provision in the following edition:

"a) the place of incorporation (organization) in foreign state;".

Disclaimer! This text was translated by AI translator and is not a valid juridical document. No warranty. No claim. More info