FEDERAL LAW OF THE RUSSIAN FEDERATION

of May 29, 2024 No. 121-FZ

About introduction of amendments to articles 217 and 284.2 of part two of the Tax Code of the Russian Federation

Accepted by the State Duma on May 21, 2024

Approved by the Federation Council on May 22, 2024

Article 1

Bring in part the second the Tax Code of the Russian Federation (The Russian Federation Code, 2000, No. 32, Art. 3340; 2001, No. 1, Art. 18; No. 23, Art. 2289; No. 33, Art. 3413; 2002, No. 30, Art. 3021; 2003, No. 21, Art. 1958; 2004, No. 27, Art. 2715; No. 34, Art. 3518; 2005, No. 1, Art. 30, 38; No. 27, Art. 2710, 2717; No. 30, Art. 3104; 2006, No. 31, Art. 3452; No. 50, Art. 5279, 5286; 2007, No. 1, Art. 20; No. 13, Art. 1465; No. 31, Art. 4013; No. 45, Art. 5416; No. 49, Art. 6045; No. 50, Art. 6237; 2008, No. 18, Art. 1942; No. 30, Art. 3614; No. 49, Art. 5723; 2009, No. 18, Art. 2147; No. 23, Art. 2772; No. 29, Art. 3598, 3639; No. 30, Art. 3739; No. 39, Art. 4534; No. 45, Art. 5271; No. 48, Art. 5726, 5731; No. 52, Art. 6444; 2010, No. 15, Art. 1737; No. 31, Art. 4176, 4198; No. 32, Art. 4298; 2011, No. 1, Art. 7; No. 26, Art. 3652; No. 30, Art. 4583; No. 48, Art. 6729, 6731; No. 49, Art. 7016, 7037; 2012, No. 10, Art. 1164; No. 19, Art. 2281; No. 26, Art. 3447; No. 41, Art. 5526; No. 49, Art. 6750; No. 53, Art. 7604; 2013, No. 23, Art. 2866; No. 27, Art. 3444; No. 48, Art. 6165; No. 52, Art. 6985; 2014, No. 26, Art. 3373; No. 40, Art. 5316; No. 48, Art. 6657, 6663; 2015, No. 1, Art. 15, 18; No. 24, Art. 3373, 3377; No. 27, Art. 3968; No. 41, Art. 5632; No. 48, Art. 6686, 6688; 2016, No. 1, Art. 16; No. 7, Art. 920; No. 27, Art. 4175, 4180, 4184; No. 49, Art. 6841, 6843, 6844, 6849; 2017, No. 15, Art. 2133; No. 45, Art. 6578; No. 49, Art. 7307, 7314, 7318, 7324, 7326; 2018, No. 1, Art. 20; No. 9, Art. 1289, 1291; No. 18, Art. 2558, 2568; No. 28, Art. 4143; No. 32, Art. 5090; No. 45, Art. 6836, 6844; No. 49, Art. 7496, 7497; No. 53, Art. 8416; 2019, No. 18, Art. 2225; No. 22, Art. 2667; No. 25, Art. 3167; No. 27, Art. 3523; No. 30, Art. 4112; No. 39, Art. 5371, 5373, 5375, 5377; No. 52, Art. 7777; 2020, No. 13, Art. 1857; No. 14, Art. 2032; No. 17, Art. 2699; No. 24, Art. 3746; No. 46, Art. 7212; No. 48, Art. 7627; 2021, No. 8, Art. 1198; No. 17, Art. 2887; No. 27, Art. 5133; No. 49, Art. 8146; 2022, No. 13, Art. 1956; No. 27, Art. 4612; No. 29, Art. 5290, 5291; No. 48, Art. 8307, 8310; No. 52, Art. 9353; 2023, No. 1, Art. 66; No. 23, Art. 4020, 4021; No. 32, Art. 6121; No. 45, Art. 7994; No. 47, Art. 8310; No. 52, Art. 9508, 9524; 2024, No. 1, Art. 24) following changes:

1) in Article 217:

a) add Item 17.1 with the new paragraph the fourth the following content:

"In time stays in property of physical person of the property specified in this Item, the income from which obtaining are exempted from the taxation at this physical person according to Item 60.2 of this Article, the term of finding of such property in property of the foreign organization (foreign structure without formation of legal entity), but no more than the term during which this physical person continuously until receipt of such property was the controlling person and (or) the founder of this foreign organization joins (foreign structure without formation of legal entity). Provisions of this paragraph are applied to the property which is in the territory of the Russian Federation.";

b) in Item 17.2:

in paragraph six word "Code;" to replace with the word of "Code".;

add with the paragraph of the following content:

"The continuous time of stay in property of the taxpayer of shares (shares in the authorized capital) the Russian organizations, the income from which receipt is exempted from the taxation at the taxpayer according to Item 60.2 of this Article, joins the continuous term of finding of such shares (shares in the authorized capital) in property of the foreign organization (foreign structure without formation of legal entity) until receipt of such shares by the taxpayer (share in the authorized capital), but no more than the term during which the taxpayer continuously until receipt of such shares (shares in the authorized capital) was the controlling person and (or) the founder of this foreign organization (foreign structure without formation of legal entity);";

c) in paragraph one of Item 60.2 of the word "in 2022 and in 2023" shall be replaced with words "in 2022, 2023 and 2024";

Article 284.2 to add 2) with Item 8 of the following content:

"8. In case of realization or other disposal (including repayment) shares (shares in the authorized capital) the Russian organizations received by the taxpayer by their entering into the authorized capital of the taxpayer by physical person which income from receipt of such shares () from the foreign organization (foreign structure without formation of legal entity) is exempted by share in the authorized capital from the taxation according to Item 60.2 of article 217 of this Code for the purposes of calculation of term, stipulated in Item 1 this Article, the term of actual possession by the taxpayer such shares (shares in the authorized capital) increases by the continuous term of finding of such shares (shares in the authorized capital) in property of this foreign organization (foreign structure without formation of legal entity) until obtaining from it the specified physical person of such shares (shares in the authorized capital), but no more than the term, during which the specified physical person is continuous until receipt of such shares (shares in the authorized capital) was the controlling person and (or) the founder of this foreign organization (foreign structure without formation of legal entity), and also for the continuous term of finding of such shares (shares in the authorized capital) in property of the specified physical person until their transfer to the taxpayer.

Provisions of this Item are applied by the taxpayer under condition if at the time of realization or other disposal (including repayments) the shares specified in paragraph one of this Item (shares in the authorized capital) the Russian organizations the physical person specified in paragraph one of this Item continuously is the single shareholder (participant) of the taxpayer from the moment of introduction of such shares (shares in the authorized capital) in the authorized capital of the taxpayer.".

Article 2

1. This Federal Law becomes effective from the date of its official publication.

2. Action of provisions of the paragraph of the fourth Item 17. 1, the paragraph of the seventh Item 17.2 and paragraph one of Item 60.2 of Article 217, of Item 8 of article 284.2 of the Tax Code of the Russian Federation (in edition of this Federal Law) extends to the legal relationship which arose since January 1, 2024.

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