LETTER OF THE FEDERAL TAX SERVICE OF THE RUSSIAN FEDERATION

of March 14, 2013 No. ED-4-3/4306 @

About severance tax

The Federal Tax Service in connection with appeals of tax authorities on procedure for application of provisions of article 343.1 of the Tax Code of the Russian Federation (further - the Code) reports the following.

According to Item 1 of article 343.1 of the Code, taxpayers at the choice can reduce tax amount by the mining (further - MET) estimated for tax period in case of coal production on the subsoil plot on the amount of economically reasonable and documentary confirmed expenses performed (suffered) by the taxpayer in tax period and connected with providing safe conditions and labor protections in case of coal production on this subsoil plot (tax deduction), according to the procedure, stipulated in Clause 343.1 Codes, or to consider the specified expenses in case of calculation of tax base on the income tax of the organizations according to Chapter 25 of the Code.

At the same time the procedure for recognition of the expenses specified in the considered Item of article 343.1 of the Code shall be reflected in accounting policy for the purposes of the taxation taking into account N 455 Lists of expense types of the safe conditions connected with providing and the labor protections in case of coal production accepted to deduction from the MET amount approved by the order of the Government of the Russian Federation of 10.06.2011 (further - the List of expenses). Change of the specified procedure is allowed not more often than once in five years.

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