FEDERAL LAW OF THE RUSSIAN FEDERATION

of December 25, 2023 No. 629-FZ

About introduction of amendments to article 286.1 of part two of the Tax Code of the Russian Federation

Accepted by the State Duma on December 12, 2023

Approved by the Federation Council on December 22, 2023

Article 1

Bring in Article 286.1 of part two of the Tax Code of the Russian Federation (The Russian Federation Code, 2000, No. 32, Art. 3340; 2017, No. 49, Art. 7307; 2018, No. 45, Art. 6828; No. 49, Art. 7498; 2019, No. 16, Art. 1826; No. 30, Art. 4112; No. 39, Art. 5357; 2020, No. 46, Art. 7212; No. 48, Art. 7627; 2021, No. 27, Art. 5133; 2022, No. 27, Art. 4626; No. 29, Art. 5290, 5301; No. 45, Art. 7675; 2023, No. 32, Art. 6121) following changes:

1) in Item 2:

a) in paragraph one shall be replaced with words the word "Investment" "If other is not established by this Article, investment";

b) add subitem 1 with words ", except for the expenses provided by subitem 2.1 of this Item";

c) add subitem 2 with words ", except for the expenses provided by subitem 2.1 of this Item";

d) add with subitem 2.1 of the following content:

"2. 1) no more than 25 percent of expense amount making original cost of fixed asset according to the paragraph the second Item 1 of article 257 of this Code and (or) the size of change of original cost of fixed asset in the cases specified in Item 2 of article 257 of this Code (except for partial liquidation of fixed asset), and performed within the subject of the Russian Federation imprisoned with authorized executive body of the agreement on implementation of the investment project (further in this Article - the investment agreement), information on which is included in the register of investment projects with the state (municipal) support in the form of the investment tax deduction (further in this Article - the register of investment projects). The investment agreement is signed concerning the investment project included in the register of projects of technological sovereignty and projects of structural adaptation of economy of the Russian Federation or concerning the investment project corresponding to the criteria established by the Government of the Russian Federation. The form, essential conditions, procedure for the conclusion and termination of the investment agreement, entering of changes into it are established by the Government of the Russian Federation;";

Item 2.1 to add 2) with the paragraph of the following content:

"The extreme size of the investment tax deduction regarding the expenses specified in subitem 2.1 of Item 2 of this Article is determined according to the procedure, provided by the paragraph the second this Item. At the same time the size of the rate of tax applied to limiting calculation of size of the investment tax deduction, determined by the solution of subject of the Russian Federation cannot be more than 10 percent.";

3) in item 4:

a) add with new paragraphs second and third the following content:

"The investment tax deduction in expense type, specified in subitem 2.1 of Item 2 of this Article, is applied to fixed asset objects, data on which contain in the register of investment projects and which are put into operation or the original cost of which is changed not later than in five years from the date of the conclusion of the investment agreement, in the location of the organization which signed the investment agreement and (or) for the location of its separate divisions to which the specified objects belong.

At the same time the investment tax deduction in expense type, specified in subitems 1 and 2 of Item 2 of this Article, and the investment tax deduction in expense type specified in subitem 2.1 of Item 2 of this Article cannot be applied to the same fixed asset objects.";

b) paragraphs two - to consider the eighth respectively paragraphs the fourth - the tenth;

4) in Item 5:

a) in paragraph one of the word "in subitems 1 and 2 of Item 2" shall be replaced with words "in subitems 1 - 2.1 Items 2";

b) add with the paragraph of the following content:

"If the taxpayer used the right to application of the investment tax deduction in expense type, specified in subitem 2.1 of Item 2 of this Article, the investment tax deduction in expense type, specified in other subitems of Item 2 of this Article, to tax period (inclusive) in which the taxpayer last time used the investment tax deduction in expense type, specified in subitem 2.1 of Item 2 of this Article, in relation to the specific investment agreement is not applied to tax (advance payment) on this tax (reporting) period.";

5) in Item 6:

a) in subitem 2 of the word "with Item 2.1" shall be replaced with words "with the paragraph the second Item 2.1";

b) in subitem 4.2 of the word "subitem 1" shall be replaced with words "subitems 1 and 4.3";

c) add with subitems 4.3 and 4.4 of the following content:

"4. 3) the right to application of the investment tax deduction concerning the expenses of the taxpayer specified in subitem 2.1 of Item 2 of this Article in relation to fixed asset objects, data on which contain in the register of investment projects and which belong to the organizations which signed investment agreements or the separate divisions of such organizations located in the territory of this subject of the Russian Federation;

4. 4) the size of the rate of tax applied to limiting calculation of size of the investment tax deduction according to the paragraph third Item 2.1 of this Article regarding the expenses specified in subitem 2.1 of Item 2 of this Article;";

6) in Item 7:

a) word in paragraph one "item 4 in paragraph one" shall be replaced with words "in paragraph one or the second item 4";

b) word in paragraph four "the paragraph the fifth" shall be replaced with words "the paragraph the seventh";

In paragraph one of Item 8 of the word "item 4 in paragraph one" shall be replaced with words 7) "in paragraph one or the second item 4", "item 4 in paragraph five" shall be replaced with words words "item 4 in paragraph seven";

8) in Item 9:

a) the paragraph one after words" (the unused investment tax deduction)," to add with the words "calculated according to the paragraph the second Item 2.1 of this Article";

b) add with the new paragraph the second the following content:

"The investment tax deduction of the current tax (reporting) period concerning the expenses specified in subitem 2.1 of Item 2 of this Article in the part exceeding the extreme size of the investment tax deduction (the unused investment tax deduction) calculated according to the paragraph third Item 2.1 of this Article can be used for reduction of the tax amounts (advance payment) which are subject to transfer in revenues of budgets of subjects of the Russian Federation in the subsequent tax (reporting) periods.";

c) consider paragraph two the paragraph third;

Item 11 to add 9) with the paragraph of the following content:

"The organizations recognized by taxpayers - agreement parties about protection and encouragement of the capital investments having no right to apply the investment tax deduction in expense type, specified in subitem 2.1 of Item 2 of this Article.";

In paragraph one of Item 12 of the word "item 4 in paragraph one" shall be replaced with words 10) "in paragraph one or the second item 4".

Article 2

This Federal Law becomes effective since January 1, 2024.

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