LETTER OF THE FEDERAL TAX SERVICE OF THE RUSSIAN FEDERATION

of October 17, 2012 No. ED-4-3/17586

About the direction of the letter of the Ministry of Finance of the Russian Federation

The Federal Tax Service directs for data and use in work the letter of the Ministry of Finance of the Russian Federation of 26.09.2012 N 03-07-15/127 concerning application of declarative procedure for compensation of the value added tax in case of submission to tax authority of the bank guarantee to part of the tax amount declared to compensation in the tax declaration.

Bring to subordinate tax authorities and taxpayers in immediate procedure.

Appendix

LETTER OF THE MINISTRY OF FINANCE OF THE RUSSIAN FEDERATION

of September 26, 2012 No. 03-07-15/127

In connection with the letter on approval of line item of FNS of Russia concerning application of declarative procedure for compensation of the value added tax in case of submission to tax authority of the bank guarantee on part of the tax amount declared to compensation in the tax declaration, Department of tax and customs and tariff policy reports.

According to Item 2 of article 176.1 of the Tax Code of the Russian Federation (further - the Code) the right to application of declarative procedure for compensation of the value added tax is had including the taxpayers who provided together with the tax declaration in which alleged right on compensation of tax, the acting bank guarantee providing the obligation of bank on the basis of the requirements of tax authority to pay to the budget for the taxpayer of tax amount which are excessively received by it (offset to it) as a result of compensation of tax in declarative procedure if the decision on compensation of the tax amount declared to compensation in declarative procedure is cancelled fully or partially. At the same time the bank guarantee shall meet the requirements specified in Item 6 of this article of the Code including the amount of the bank guarantee which shall provide discharge of duty on return to the budget in full of the tax amount declared to compensation in declarative procedure.

According to Item 7 of article 176.1 of the Code taxpayers exercise this right by giving in tax authority no later than five days from the date of submission of the tax declaration of the statement for application of declarative procedure for compensation of tax.

By the specified Item 7 of article 176.1 of the Code it is determined that in the statement the taxpayer assumes liability to return to the budget excessively received by it (offset to it) in declarative procedure for the amount (including percent, stipulated in Item the 10th article 176.1 of the Code (in case of their payment), and also to pay the specified amounts added on percent according to the procedure, stipulated in Item the 17th article 176.1 of the Code if the decision on compensation of the tax amount declared to compensation in declarative procedure will be cancelled fully or partially. The above-stated regulations of article 176.1 of the Code do not interfere with taxpayers to exercise the right to compensation of the value added tax in declarative procedure as concerning all tax amount declared to compensation in the declaration on the value added tax for the corresponding tax period, and concerning part of the declared amount.

Thus, submission to tax authorities of the bank guarantee on part of the tax amount declared to compensation in the declaration on the value added tax for the corresponding tax period and specified in the application for the application of declarative procedure for compensation of tax submitted with this declaration, does not contradict existing rules of the Code about application of declarative procedure for compensation of the value added tax.

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