LETTER OF THE FEDERAL TAX SERVICE OF THE RUSSIAN FEDERATION

of March 14, 2013 No. ED-4-3/4303 @

About application of provisions of Item 6 of article 105.3 of the Tax Code of the Russian Federation regarding independent adjustment of tax base on MET and the amounts of this tax

The Federal Tax Service for the purpose of realization of the provisions of Item 6 of article 105.3 of the Tax Code of the Russian Federation (further - the Code) concerning independent adjustment of tax base on severance tax (further - MET) and the corresponding amount of this tax, reports the following.

According to the subitem 3 of item 4 of article 105.3 of the Code the federal executive body, the representative for control and supervision in the field of taxes and fees, when implementing tax control according to the procedure provided by Chapter 14.5 of the Code checks completeness of calculation and tax discharge for mining (if one of the parties of the transaction is taxpayer of the specified tax and subject of the transaction is the extracted mineral recognized for the taxpayer by the taxation object severance tax in case of which production the taxation is made on the tax rate established as a percentage).

According to Item 6 of article 105.3 of the Code, in case of application by the taxpayer in the transaction between affiliated persons of the prices of goods (works, services) which are not corresponding to market prices if the specified discrepancy entailed understating of the amounts of one or several taxes (advance payments) specified in item 4 of article 105.3 of the Code the taxpayer has the right to self-construct adjustment of tax base and the amounts of the corresponding taxes after the calendar year including tax period (tax periods) on taxes which amounts are subject to adjustment.

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