LETTER OF THE FEDERAL TAX SERVICE OF THE RUSSIAN FEDERATION

of November 27, 2012 No. ED-4-3/19911 @

Concerning procedure for taxation on the income of physical persons of transactions of exchange

The Federal Tax Service directs for data and use in work the letter of the Ministry of Finance of the Russian Federation of 19.09.2012 No. 03-04-08/4-310 on the tax matter to the income of physical persons of transactions of exchange. Bring the specified letter to subordinate tax authorities.

Appendix

LETTER OF THE MINISTRY OF FINANCE OF THE RUSSIAN FEDERATION

of September 19, 2012 No. 03-04-08/4-310

The department of tax and customs and tariff policy considered the letter on taxation on the income of physical persons of transactions of exchange and according to Art. 34.2 of the Tax Code of the Russian Federation (further - the Code) the following explains.

According to item 1 of Art. 210 of the Code in case of determination of tax base all income of the taxpayer gained by it both in cash and in natural forms, or the right to the order which at it arose, and also the income in type of the material benefit determined according to Art. 212 of the Code is considered.

To the income, taxable, in particular, the income from realization of real and personal estate belongs.

According to item 1 of Art. 39 of the Code sales of goods, works or services transfer on paid basis (including exchange of goods, works or services) the property rights to goods, results of the performed works as one person for other person, paid rendering services by one person to other person is recognized, in particular. At the same time goods according to item 3 of Art. 38 of the Code any property realized or intended for realization is recognized.

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